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HomeMy WebLinkAbout06/07/04S ' r. ,2S1. AGENDA ., CITY CLERK ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL Monday, June 7, 2004 - 7:10 p.m. Council Chambers, City Hall 1315 Valley Drive MAYOR CITY CLERK Art Yoon Elaine Doerfling MAYOR PRO TEM CITY TREASURER J. R. Reviczky John M. Workman COUNCIL MEMBERS CITY MANAGER Sam Y. Edgerton Stephen R. Burrell Michael Keegan CITY ATTORNEY Peter Tucker Michael Jenkins CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda. 1. ADDITIONAL BUDGET INFORMATION REQUESTED AT THE STUDY SESSION MEETING OF MAY 18, 2004. a. OVERVIEW OF BUDGET CHANGES b. OVERVIEW OF REVENUE CHANGES c. REVIEW OF DEPARTMENT EXPENDITURES RECOMMENDATION: Review and provide direction to staff. ADJOURNMENT NOTE: THIS MEETING WILL BE TELEVISED LIVE ON ADELPHIA CABLE 1 I • June 3, 2004 Honorable Mayor and Members of The Hermosa Beach City Council Regular meeting of June 8, 2004 ADDITIONAL BUDGET INFORMATION REQUESTED AT THE STUDY SESSION MEETING OF MAY 18, 2004. Recommendation: That the City Council review the attached information in conjunction with the 2004-05 Fiscal Year Operating and Capital Budget. Background: Staff was directed to provide additional information on a number of items that came up during the May study session and others comments that we received as a result of questions that you have asked. The attached materials have been developed in response to that direction. Let me know if you have any additional questions and we will attempt to have any additional information available at the meeting on Monday. Respectfully submitted, Steph n R. Burrell City Manager 1 • • QUESTIONS/REQUESTS FOR INFORMATION FROM BUDGET WORKSHOP, 5/18/04 Q 1. How many storm drains do we have? Al. The City has roughly 1 mile of storm drains and 34 miles of sanitary sewers. Q2. What is the priority for Park and Recreation CIPs, according to the Park and Recreation Commission? A2. See the attached staff report given to the Park and Recreation Commission on 5/4/04. (Page 8) Q3. Are market rate comparisons used, when possible, for recommended fee increases in the budget (recreation fees, encroachment permits)? A3. Attached is a table (Page 9) from the 4/26/2004 Los Angeles Business Journal which shows Class -A Asking Rent (per -square -foot -rents) for the South Bay at $2.03 for the 15` quarter of 2004. (The first column titled "1s` Qtr. 2003" under "Class -A Asking Rent" is mislabeled and should read "1st Qtr. 2004". Reports submitted to the Parks and Recreation Commission regarding market rates for recreation fee increases are also attached starting on page 10. Q4. Provide information on implementing a 1% improvement fee on building permits. A4. Generally speaking, impact fees can be implemented on new development when a need is created for new facilities. There must be a nexus between the fee collected and the purpose for which it is spent. These fees cannot be used to correct existing deficiencies. Some cities are implementing refuse vehicle impact fees based on deterioration caused by vehicle size and weight. See attached marketing piece from Hilton, Farnkopf & Hobison, LLC on page 23. It is likely that such fees would be passed on to taxpayers in the case of a refuse franchise. Construction taxes may also be passed by voters as a tax on the business of development. This type of revenue may be used for any purpose since it is a general tax. Voters may be receptive to the increase in some cases because they are not the ones paying the tax. Q5. What is the process for street assessment districts? A5. Attached are Streets and Highway Codes sections (Page 25) pertaining to assessment • • districts, however, since Prop 218 was passed, it is difficult to assign specific benefit for a citywide district, according to the City Engineer. More often a general tax is used for street purposes. Q6. The utility user tax (UUT) should be used entirely for sewer purposes, as originally intended. Contributions for sewer have declined over time since the UUT was implemented. A6. Background on Use of Funds The UUT was implemented by a vote of the City Council in October 1985 and earmarked for sewer, police foot patrol and bootleg removal. In September 1999, the City Council passed a resolution designating that funds to be used for sewer maintenance and renovation, public safety and capital projects. In November 1999 and November 2001, voters rejected initiatives, by 60 and 69% respectively, to repeal the UUT. The arguments against repealing the tax generally indicated that UUT funds were spent in the same manner as the resolution passed by the City Council. Contributions for Sewer Year Amount Year Amount 1985-86 440,000 1995-96 800,000 1986-87 565,000 1996-97 800,000 1987-88 800,000 1997-98 800,000 1988-89 800,000 1998-99* 700,000 1989-90 800,000 1999-00 700,000 1990-91 800,000 2000-01 700,000 1991-92 800,000 2001-02 700,000 1992-93 800,000 2002-03 700,000 1993-94 800,000 2003-04 700,000 1994-95 800,000 2004-05 700,000 *Capital Improvement Fund created If the City were to decide to use the UUT entirely for sewer purposes, this would be equivalent to cutting the General Fund by $1.67million, excluding the $700,000 for sewer purposes. The City's reports prepared in response to the two initiatives repealing the UUT pointed out several facts: 1) elimination of the UUT would cause a significant reduction in services provided by the City 2) personnel costs represent a significant portion of General Fund costs (72% in the 04-05 Preliminary Budget) 3) Since Police and Fire represent such a large portion of General Fund expenditures (64% in the 04-05 Preliminary Budget), it would not be possible to hold those departments harmless on cuts that would have to be made and still have a full service city 4) A staffing reduction of over 30 positions would be necessary to eliminate use of the UUT for General Fund purposes. Q7. Safety and condition of facilities is a concem. • • A7. Funds are budgeted in CIPs for renovation of the CityYard (removal of the oil well, which is Phase One), the Fire Station and the Community Center. Q8. Staff was directed to come back with an analysis of Councilmember Keegan's suggestion to charge $4 per square foot for Plaza commercial dining encroachments for businesses open past midnight. A8. The increase from $1 per square foot to $2 per square foot for businesses on the Plaza is included in the budget and represents an additional $69,794. An additional $107,616 would be generated by charging businesses open past midnight at the $4 per square foot rate. Two spreadsheets are attached, one showing the original increase of $69,794 included in the budget and the other showing the scenario that results in an additional $107,616. (Page 68) Q9. Will there be a recommendation on fees for tennis court lighting? A9. An item will be taken to the Parks and Recreation Commission. Q10. Staff was asked to explore the costs savings of changing the frequency of street sweeping to every other week and use of AB939 fees for payment of costs. M O. Several cities are recovering the cost of street sweeping by adding the fee to the Refuse bill. The contractual cost of the sweeping is $209,000. Switching the frequency to every other week would roughly cut the cost in half. Staff can approach the contractor if the City Council so desires. It appears from a cursory review of the AB939 law (Public Resources Code 40191(a) that street sweeping could be paid from this source. Approximately $59,000 is received, with $39,000 being spent on staff time and the consultant who does the compliance work. The AB939 fee was originally $.50 and was reduced to $.25 in 1996. The fee could be raised by a vote of the City Council to $.75 to generate an additional $118,000. Q11. Staff should analyze reduction of the street lighting budget to coincide with the levy amount, including removal or reduction of lights All. There is a difference of $206,000 between the levy amount of $455,000 and operations of $661,000. Revisions below shows reductions to be made over a two year period.: Salaries and Benefits: Reduction in Transfer Utilities Reduction of Lights Reduce I Maintenance II Position Administration reduced for above Estimate too high 1st Year Savings 2"d Year Savings Two -Year Reduction (59,482) (4,831) (28,000) (23,650) (82,000) (197,963) 1 • • The balance of the reduction, $8,037, could be made by reallocating salaries to the General Fund, however the current budget includes no funds for capital improvements or replacement of the light poles of any kind so is not realistic from a business standpoint. Q12. Look at special events budgeted. Consider having businesses contribute or discontinuing city contribution. Al2. The following are amounts budgeted for special events or donations. The items that indicate 03/04 in parenthesis are how unspecified amounts were spent in the 03-04 budget. City Council Employee/Commission Holiday Party $4,000 Engraving Service/Plaques $600 Donations Mira Costa Grad Night $1,000 Redondo High Grad Night $1,000 Chamber Full Page Ad (03/04) $1.900 Total $8,500 Downtown Enhancement Install/Remove Holiday Flags/Decorations $8,540 Holiday light strings (03/04) $193 New Years Celebration $26,000 Triathalon Cleanup (03/04) $450 American Flags & Flag Poles (03/04) $1,357 Donations Aloha Days $2,500 St. Patrick's Day Parade $15,000 Total $54,040 The following are questions from Councilmember Keegan: Q13. Consider implementation of a 1% development tax on new construction, to be used for historic preservation and public art. A13. Manhattan Beach has such a tax used for public art. It applies to certain development projects based on the valuation of the improvement or new construction. Staff can provide more information if so directed. This is the same tax referred to in A4. Q14. Finance: page 156 Why did this area drop so much? A14. In 2002-03, additional funds were spent for upgrade of the financial system software ($105,528), appraisal of infrastructure ($4,050) and • • implementation of the new accounting model ($6,566). In 2003-04, additional funds were budgeted for the balance of the upgrade of the financial system ($34,322), completion of the user fee study ($5,293), completion of the infrastructure appraisal ($9,450), completion of the new accounting model ($6,604) and training on the report writer for the financial system ($1,444). Q15. Fire Department: page 167 Is this the City's website or something else? Please lower the amount of overtime. How do we address in future years? A15. It is the City's website, however all costs should be under Information Systems now so it will be changed on the final budget. Overtime is a function of minimum staffing and vacation/leave usage. Q16. Police Department: page 193 Why is the telephone bill for this group so much? Should we be looking into doing IP telephony for the City to lower our costs of phones, or at least interview several phone consultants to develop an RFP and go out to bid on our local and long distance charges? A16. Approximate annual phone costs for the Police Department are: Private Lines - Includes dispatch circuit lines, JDIC line, live $25,401 scan line, alarm co call-in line, fax lines Direct Dial Service Charge $5,822 Telephone Call charges $7,940 Dispatch Circuit Lines - SBC share $4,184 Long Distance charges $1,131 Nextel Cell Phone Usage $12,924 Verizon Wireless Cell Phone Usage (Comm Sery & CM) $2,786 Total Expenditures $60,188 Staff has requested an estimate of cost from our carrier, Verizon, for a voice-over intemet protocol system just to get an idea of the cost. If major changes are to be made to the phone system/service, staff agrees that hiring a consultant would be in the city's best interests. Q17. Page 194 - $40,000 for a digital patrol car camera system. I think we should look 5 • • closely at this purchase. Maybe there is a way to use this money to put up additional80211a/g antenna nodes and put the police video on its own secure virtual private network (VPN) at least use some of this money to place cameras in areas like the parking structure and lots downtown with cameras on Pier and Hermosa Ave. Maybe multi-year approach we can use this money in the most productive manner. I like the camera idea; I would like to explore all avenues, so we have the best system available. A17. Digital camera systems for the patrol cars are becoming a standard piece of equipment on patrol cars in the area. The Police Department has delayed implementation to determine if the technology is ready to go totally digital. The department is receptive to the suggestion of using our own private network and perhaps gaining the ability to transfer data via wireless downloads to a computer with a large hard drive. Cameras could be quite useful in capturing interactions between our officers and suspects in the field. The department has always been interested in putting fixed cameras in the downtown area for a number of reasons, although there is a possibility of opposition to this idea from different groups. 6 • • OTHER REVENUE INCREASES Sewer Use Fee The day-to-day sewer operations of the Sewer Division consume the majority of funds transferred from the UUT. Sewer Division costs for 2004-05 are $682,000 and $700,000 is transferred from the UUT. With an unknown amount of needed capital improvements, in addition to the operational cost, it is unlikely that the City will be able to make significant progress toward that goal without another funding source. Add Street Sweeping Charge to Refuse Bill Several cities are recovering these fees through a charge on the refuse bill. Manhattan Beach is considering it, Redondo Beach recently implemented it and Torrance has charged it for some time. Private Contractor for Ambulance Transport Service Both Torrance and Redondo Beach use private contractors for ambulance service. Since there are a host of private companies in the market who can provide quality service, getting out of the ambulance transport business would allow our Fire Department to increase Fire Services without increasing costs. Currently, if one call is in progress, we cannot respond to a second call due to staffing constraints.. It is likely that revenue could remain the same or even increase. Staff can provide more in-depth information if the City Council is interested in looking at this option. Increase Lighting and Landscape Fee See the Questions and Answers Implement City-wide User Fee Study for All Departments This study is in the final stages and should be available for presentation soon. Smart Parking Meters Smart meters, which actually function in conjunction with the existing meters, employ technology that allows the city to optimize parking in high demand locations. Motorists gain from maximized availability of short-term parking. For the business community, turnover is promoted and space availability improved. Revenue streams can be increased enhanced and productivity of parking operations improved. Consider Metering Lot A Staff can bring back a report outlining the revenue estimates and other issues if the City Council is interested. • • April 27, 2004 Chairperson and Members of the Parks, Recreation and Community Resources Advisory Commission Regular Meeting of May 4, 2004 PARK IMPROVEMENT FUNDING A budget allocation for fiscal year 2004-2005 will provide limited finding toward specified park improvements. The exact dollar amount is yet to be determined. The following park projects, identified in order of priority, have received commission consideration for refiubishment. 1. Fort Lots -o- Fun Park at 6th Street and Prospect Avenue • Requires playground equipment replacement • Surface area accessibility is a resident concern The Friends of Parks (F.O.P.) community foundation has selected this park site as the main focus of their fundraising efforts. To date, they haw raised approximately $6,000 and expect this total to reach $10,000 by years end. The equipment replacement project is estimated at $20,000, which does not include area resurfacing. 2. Edith Rodaway Friendship Park at Prospect and Hollowell • Basketball Courts require resurfacing • Dog mitt dispensers required for disposal of dog waste • Table missing from picnic bench area Resurfacing of the basketball courts is estimated at $10,000. Existing benches will be moved to the 411 & Prospect parkette. Friends of Parks will replace with a new picnic table. 3. Lawn Bowling Green • - Field maintenance required The Lawn Bowling Club has joined forces with the Friends of Parks foundation to combine efforts toward field improvements. April 26. 2004 LOS ANGELES BUSINESS JOURNAL 23 REAL ESTATE QUARTERLY - L.A. COUNTY Los Angeles County Office Market, First Quarter 2004 Market/Submarket Total Inventory Vacancy Rate Under Vacant Space 1st Qtr. 4th Qtr. 1st QV. Construction (square ft.) 2004 2003 2003 (square ft.) Net bsorption (square 1t.)' 4/ Class -A Asking Rent' 1st QV. 4th QV. 1st Otr. 1st Otr. 4th Otr. 1st Otr. 2003 2003 2003 2003 2003 2003 Downtown Los Angeles 32,192,027 Wilshire Center 7,186,440 San Gabriel Valley 14,368,442 Burbank Glendale Pasadena Tri -Cities Beverly Hills Brentwood Century City HolywoodNJeHo MarinefCuNer City Mirade/Park Mile Santa Monica ` • " . . West Los Angeles West Los Angeles 4,530,131 5,994,122 6,740,682 17,264,935 6,366,329 19.8% 19.6% 923,323 12.6% 124% 19.4% 0 12.3% 0 1,659,724 11.6% 11.4% 12.3% 55,000 569,495 126% 11.746 874,321 14.6% 13.4% 630234 ' "' 9.3% 11.0% 2,074,050 12.0% 12.0% 13.5%• 195,000 17.6% 14.8% 9.3% 195,000 0 .0 5,931,532 . 786,848 .13.3% 12.6% , 132°/. 0 3,455,134 478,524 13.8% 14.5% 11.0% 0 9,286,188 1,616;160 °17.4%':. 18.5% ''?'11.8% ._.. •. 0 4,021,492 880,520 21.9% 19.3% 18.8% o 5,815,816 958:836.; ., ..,16:5%.:, . ,':16.8% .' '.18.7% 0, 5,855,479 954,212 16.3% . 15.7% 192% 0 7804143.:4:• 1360.'f7.4'.°2`5o�3i.%r4'art 1.Ws'a .<14.9'%...L::42500,, 5,678,218. 918,800 16.2% 16.9% 152% 0 . 3v42.675..;i;sag, .� ��'2z.996 v r: 24-#94T:1:'s:2i:4°8222' ' `o 50,929,677 8,643,245 17.0% 17.0% 15.5% 42,500 (66,371) 105,753 29,165 $2.56 $2.53 $241 (34,919) (12,855) 59,025 $1.43 $1.42 $1.36 (27,948) 62,619 107,168 $1.96 $1.93 $2.03 (40,057) 19,608 :200,859 $2.59 $2.53 $2.56 (69,590) 36,713 (50,436) $2.43 $2.41 $2.48 347,025 (46,621)` 224,186 $2.36 $2.35 $2.34 237,378 . 9,700 374,609 $2.45 $2.43 $245 (32,628) 16,669 106,866 $2.84 $2.94 $2.96 58,193 (139.985) (53.135) $2.58 $2.63 $2.82 144,529 : (287,808) •(10,068) $3.11 $3.18 $3.23 (3,713) 38,997 120,677 $2.28 $2.35 $2.37 • (38534);1: (161523)1-1;;:.,:87;133„ i , $2.13 $2.39 $2.39 (20,768) 4�6,69�8 (61,862))) $2.09 $2.10 $$22.05 . 41361.56x.. 2(10- LSO%1(Atwf��8age":":7i:;.ati 5314 $3:11 $3.34 43,577 (89,766) (52,076) $2.41 $2.42 $2.37 `222 J i'_`2423..M.KS B52i.` a 1':'.$ .82 $2.84.. $3A5 $2.76 $2.84 216,944 (762,948) 274,432 $2.70 COnTraN . r ' u"W 6`.5.7, "..,.3�1•.v t0 t-ra 1.31.1 iQ xi :.=6193311 -'�'S+c x''.$2.04;: t. $2-04r . :i12.08 Conejo Valley- 6,777,757 717,394 10.6% 13.1% 17.9% �'ZrP '0.166,113n��8pa3576 43,161 21,188 $221 $2.20 $227 4" 'k:[ ' ' �f 4K 53253' . 1,593,150 185,325 10.4% 10.8% 15.4% 0 " 9,361 20,781 1,880 $1.80 $1.80 $1.97 Santa Ctrulta Valley rf:1 try it !D.rr r$ /MYh2?3b^.Kfl+i:%MY worts L".Mtitl' gb 'k�.'f':.'.: • egPir 0,NrS'.7Y�+�. North Los Angeles . 26,869,034 3,093,438 11.5% 12.8% 14.4% 166,113 • I irgintr a z e.iirc %:dsY.rr.rt,;cis:iLi,.S 4k..:1' v vt:Rti�. +. r+^clotiy:'i"l.+z.!w'4w ., Y,; Carson LAX/Century Blvd. 1 173,071 84,366 72% 63% 7.4% .3.:.rc'''•yr .;ire.. it tm.:j actin;"Ys !}il,7Fb4}4Y:.yiR'. r:{?t;`;YXIiU ;k£SAt'1_z' 3,884,481 1,227,047 31.6% 29.9% 272% 377,828 ' . rig 195,718 106,368 $2.13 $2.15 $2.19 O (5,240) 20,368 (16,755) $1.88 $1.89 $1.89 eat .. o (67,029) (65,617) 11,649 $1.51 $1.51 $158 ram lailM2;17;; ,. (20,704) 9,145 65,350 $2.13 $213 $2.17 (96,722) (94,041) (74,913) $2.03 $2.04 $2.14 v ..w ;fore t•,.x,-:igl;r, r_y.:.-so.•:<a/:;,,!IocNO ;1?e,,771:*11:Y'?Wf .' nt']iI:tveSi`a�ir AI Long Beach Suburban 4,687,826 491,659 10.5% 10.0% 10.4% 39,000 South Bay 30,731,024 4144,300 . 20.0% 19.7% ' 18.3% 39,000 Los Angeles County 173,561,579 28,904,403 1'1.1% 16.2% 15.1% 197,613 609,190 (516,054) , 875,854 $2.33 $2.34 $242 r i • January 27, 2004 Chairperson and Members of the Parks, Recreation and Community Resources Advisory Commission • Regular Meeting of February 3, 2004 I 2004 COMMUNITY RESOURCES DEPARTMENT FEE STUDY I Recommendation To review existing fee schedule, approve fee increases, and direct staff as deemed appropriate with regard to fee waivers. A. Increase contract class fees to market price, as per surrounding cities. B. Increase Non Resident fee charged per class from $3 per participant to $5 per participant. C. Institute new fee of $20 for park reservation application processing. This is a time consuming administrative procedure for both the front office staff and weekend recreation leaders who post reservation signs and monitor the park. D. Increase rental fees for tennis professionals from $5 per hour to $10. Institute tennis court rental fee for residents at the rate of $5 per hour and non-residents at $6. E. Institute new fee of $50 for non-profit renters utilizing the Community Theater and $100 for commercial renters. F. Institute new fee of $20 for room rental application processing. Create additional fees for staffing at $15 per hour (set-up/tear-down) and equipment use (relative to equipment value) G. Increase fee for field light usage from $10 per hours to $15. Implement policy to charge all field user groups for lights. H. Increase special event permit fees for all commercial and non-profit groups. Background Staff conducted a fee study and comparative analysis to gauge appropriateness of fees charged and fees waived. Report summaries are attached. Respectfully submitted, Lisa Lynn Recreation Supervisor —1O — Community Resources Department Memo To: Parks, Recreation, and Community Resources Department Advisory Commission Re CR Department Fee Waiver Study Summary Please find attached summarized review of fees waived in the year 2003 for Facility usage and Special Event permit fees. All fees are adopted from policy agreement approved by Council. Only fees waived are indicated. Fees charged are not included. Comparison study of fees charged by neighboring cities is also attached. FACILITY ANNUAL FEES WAIVED Main Theatre $31,350.00 2nd Story Theatre $11,640.00 Gymnasium $26,075.00 Clark Field Lights $11,760.00 Clark Building $14,196.00 Community Center Rooms $5,920.00 South School Rooms $39,600.00 South Park Field $1,008.00 TOTAL $141,549.00 SPECIAL EVENTS ANNUAL FEES WAIVED Combined Non-Profit/Community Events $40,733.00 -/1 N 1 C/R DEPARTMENT FEE STUDY Facility Fee Waivers FACILITY HOURLY RATE (per policy) GROUP ANNUAL HOURLY USAGE FEES WAIVED ANNUALY Theatre (Main) $50 Performance time Civic Light Opera 2750 hrs. performance $11,000.00 $25 Rehearsal time 320 hrs. rehearsal $8,000.00 Hermosa Arts Kings & Clowns 100 hrs. performance $10,000.00 Foundation (HAF) Sandpipers 19 hrs. performance $950.00 ATAY (youth theatre) 18 hrs. performance $900.00 Historical Society 10 hrs. performance 500.00 Total $31,350.00 Theatre (2n0 Story) $20 Rental Puppet Theatre 204 hrs. $4,080.00 Edge Fest 168 hrs. $3,360.00 Hermosa Arts Dining Room 168 hrs. $3,360.00 Foundation (HAF) Sandpipers 18 hrs. $840.00 Total $11,640.00 Community Center $30 Commercial Youth Basketball 913 hrs. $22,825.00 Gymnasium $25 Non -Profit A.R.C. 93 hrs. $2,325.00 Easter Seals 37 hrs. $925.00 Total $26,075.00 Clark Field $30 Rental Little League & PONY 840 hrs. lighted time $8,400.00 $10 Lights AYSO Adult Softball 336 hrs. lighted time $3,360.00 Total $11,760.00 0 • C/R DEPARTMENT FEE STUDY FACILITY HOURLY RATE (per policy) GROUP ANNUAL HOURLY USAGE FEES WAIVED ANNUALY Clark Building $30 Residents $60 Non -Residents $25 Non -Profit Jazzercise AA Seniors Club 488 hrs. 208 hrs. 52 hrs. (30%) $9,516.00 (50%) $2,680.00 (100%) $1,300.00 10%-50% discount . Garden Club 19 hrs. (100%) $475.00 Women's Club 9 hrs. (100%) $225.00 Total $14,196.00 Community Center $25 S. Bay Youth Project 108 hrs. $2,160.00 Meeting Rooms $20 Non -Profit Little League 36 hrs. $720.00 Girl Scouts 36 hrs. $720.00 HB Arts Foundation 36 hrs. $720.00 Sister Cities 24 hrs. $480.00 Women's Club 24 hrs. $480.00 HB Chamber 24 hrs. $480.00 AYSO 8 hrs. $160.00 Total $5,920.00 South Park $25 HB School District 660 hrs. $13,200.00 South School Rooms $20 Non -Profit 3 Rooms X 3 Rooms (Charged $1 p/yr.) Total $39,600.00 South Park Field $12 USYVL Youth 84 hrs. Volleyball League Total $1,008.00 Facility Fees Waived Total $141,549.00 C/R DEPARTMENT FEE STUDY Facility Fee Charge Comparison FACILITY HERMOSA BCH (500seats) TORRANCE (502 seats) DOWNEY (738 seats) REDONDO BCH (1600 seats) Theatre: Non -Profit $50 p/hr./performance $100 p/hr./performance $78 p/hr./performance $350 p/hr. $25 p/hr./rehearsal $100 p/hr./rehearsal $78 p/hr./rehearsal Theatre: Commercial $100 p/hr./performance $200 p/hr./performance $78 p/hr./performance $50 p/hr./rehearsal $200 p/hr./rehearsal $78 p/hr./rehearsal HERMOSA BEACH REDONDO BCH TORRANCE MANHATTAN Gymnasium $30 commercial $25 non-profit $85 flat fee $90 commercial $50 non-profit $100 flat fee (auditorium) Meeting Rooms $30 resident $25 non-profit $60 non-resident $75 resident $0 non profit $80 non-resident $50 resident $40 non profit $90 non-resident $24/$83 resident $11/$83 non profit $24/$83 non res under 50 occupants/ over 50 occupants) HERMOSA BEACH TORRANCE Skate Track $0 free entrance $0 free helmet rental $0 elbow pad rental $0 knee pad rental $20,250 expended on Staff Monitors $50 for 10 sessions $125 for 25 sessions $250 for 50 sessions $2 helmet rental $2 elbow pad rental $3 knee pad rental Contract Service City receives 10% gross revenue HERMOSA BEACH MANHATTAN BEACH Park Reservation $0 free residents only $20 application fee $11 p/hr. residents $22 p/hr. non -res HERMOSA BEACH MANHATTAN BEACH REDONDO BEACH Tennis Courts $0 free public use $5 p/hr. $5.50 p/hr. 0 C/R DEPARTMENT FEE STUDY Special Event Fee Waivers r • Aloha Days (2 days) St. Patrick's Day (2 days) Surf Festival Health Fair (1 day) Fiesta Hermosa (3 days twice yearly) Application/Review Fee $500.00 $500.0 $500.00 $500.00 Permit Fees $4,214.00 $4,214.00 $2,107.00 Teardown Fees $400.00 $300.00 $300.00 $708.00 Banner Fees $236.00 $236.00 $236.00 $1,800.00 CR Staff Fees $600.00 $300.00 $414.00 Fire Inspection Fees $138.00 $138.00 $69.00 $45.00 Amplification Permit $45.00 $45.00 $45.00 (Lot B) $6,800.00 Parking Fees $1,020.00 300.00 $68.00 $240.00 Total Fees waived $7,153.00 $5,133.00 $3,325.00 $10,267.00 (add'I $2,500.00 from DEC) (add'I $15,000 from DEC) r • Sand & Strand (Project Touch) World Aids Day (S.Bay Family Health Care) Coastal Clean -Up (Heal the Bay) Classic Car Show Application/Review Fee $500.00 $500.00 $500.00 Banner Fees $236.00 CR Staff Fees $300.00 $300.00 $300.00 $300.00 Fire Inspection Fees $69.00 $69.00 Public Works Staff $800.00 Amplification Permit $45.00 $45.00 $45.00 Parking Fees $980.00 340.00 $680.00 Spectator Fees 840.00 300.00 $240.00 $240.00 Total Fees waived $3,701.00 $1,554.00 $1,220.00 $1,154.00 r • C/R DEPARTMENT FEE STUDY Special Event Fee Waivers r • USSF Surf Competitions AAU Volleyball Competitions So Cal Foundation Volleyball Tourney American Diabetes Pass -Through Application/Review Fee $500.00 $500.00 $500.00 $500.00 Permit Fee $128.00 Total Fees waived $200.00 $128.00 CR Staff Fees $300.00 $300.00 Fire Inspection Fees $138.00 $300.00 $300.00 Amplification Permit $45.00 $69.00 $69.00 Spectator Fees $240.00 $960.00 $360.0 Parking Fees Total Fees waived $1,040.00 $1,943.00 $860.00 $628.00 r • Richstone Family Pass -Through Pier Plaza Toy Drive (Sangria & Hi -Five) Little League Fundraise (Henessy's) Paddle Board Champ. (Henessy's) Application/Review Fee $500.00 $100.00 $100.00 $150.00 $420.00 Permit Fee $128.00 Total Fees waived $200.00 $150.00 Banner Fees $100.00 $150.00 CR Staff Fees $300.00 $300.00 $300.00 Fire Inspection Fees $69.00 $69.00 $69.00 Amplification Permit Parking Fees Total Fees waived $628.00 $369.00 $369.00 $369.00 r • Lawn Bowling Open House Women's Club Pancake Breakfast Friends of the Park Community Events Veteran's Memorial Service Garden Club Plant Sale Supplies CR Staff Fees $100.00 $100.00 $150.00 $420.00 $100.00 $150.00 Total Fees waived $200.00 $150.00 $420.00 $100.00 $150.00 r • Event Fees $40,733.00 Waived Total r • C/R DEPARTMENT FEE STUDY Youth Scholarships i a J i r • • HERMOSA BEACH MANHATTAN REDONDO Annual Allocation $1,400.00 (actual) ($500.00 budgeted) $2000.00 $5,000.00 i a J i r • • Community Resources Department Fee Study & Recommendations Contract Class Comparison Asterisk (") indicates the program with recommended fee increases based on fee comparison. Recommended price is total session price per registrant. Rhythmic Gymnastics contract status currently under review. Price comparison is based on price per class, per hour of instruction, rounded to the nearest dollar. • • m Q. 4Q.` 0 m 4c g C DType 0 0 //'/I 2 B's Babyhood Parent & Me 10- - - - "190 $78 Tunes for Tots Parent & Me 7 12- - - "$90 $82 Tunes for Tots 2 Parent & Me 10 6 7 6 "$90 $82 Toddler Gym Parent & Me 10 - 2- - $90 $90 Music Together Parent & Me 14 13- - - $135 $135 Theater/Drama Youth 10 9- - - $195 $195 Ballet/Tap Youth 8 - 8 "$60 $42 Ballet Youth 8 8 16 8 - '160 $42 Rhythm Dancers Youth 15- - - - $123 $123 Beg Gymnastics Youth 10 10 10 8 $90 $90 Flamenco Youth 10 - - 5 - $40 $40 Polynesian Youth 8 - 9 - 5 "155 $45 Indoor Youth Basketball Youth 8- - - - "$55 $45 Outdoor Youth Basketball Youth 9- - - - "$50 $45 Sports for Kids Youth 8- 7 9 - "155 $45 American Karate Youth 6 3- 3 3 "$50 $48 Tennis for Tots Youth 10 3- 5 8 "$60 $58 Dog Obedience Adult 8 13 15 10 - "$85 $55 Belly Dance Adult 7 5- 8 - "$60 $42 Salsa/Swing Adult 10 7 7 6 - $40 $40 Beg Bch Volleyball Adult 7- 3 3 - $65 $65 Flamenco Adult 10- - 5 - $40 $40 Surfing Adult 25- 13 - - $200 $200 Golf Adult 13 18 14 - - "$75 $65 Tennis Adult 10 6 7 - - "$60 $58 • • Sports Leagues Staff recommends shortening seasons and increasing league fees. City /in a 3 m 0 col 4.. Hermosa Beach Softball 12 - 425 Manhattan Beach Softball 10- 25 485 Redondo Beach Softball 8 23 245 Hermosa Bch -New Fee Softball 10- 450 Hermosa Beach Basketball 12 25 200 Redondo Beach Basketball 8 30 285 Hermosa Bch -New Fee Basketball 10 25 250 Park Reservation Staff recommends adding application fee and user fees. City / v e Ce 4t / Hermosa Beach $0 Manhattan Beach $20 $11 p/hr $22p/hr Redondo Beach Hermosa Bch -New Fee $20 $20 Tennis Courts Staff recommends increasing court fees but not adding annual pass due to the increased administration. City m m 4Q/ ttt c /so" Hermosa Beach $0 $o $5 Manhattan Beach $4155 $6 $6 $10 Redondo Beach $4/$6 $4157 $7.50 $5/$10 Hermosa Bch -New Fee $5 p/hr $6 p/hr $10 Theater Staff recommends adding application fee of $100 for commercial renters and $50 for non-profit renters and increasing staffing fees City 0 v aft4 0 2 v ' / o U a 0 0 S m T Hermosa Beach $25 p/hr $50 p/hr $50 p/hr $100 p/hr $20 $15 Torrance (Armstrong) $100 p/hr $100 p/hr $200 p/hr $200 p/hr $27 $27 Norris $19 p/hr $47 p/hr $56 p/hr $94 p/hr $16 $13.50 Redondo Bch $350 p/hr $350 p/hr 4350 p/hr $350 p/hr Hermosa Bch -New Fee $25 p/hr $50 p/hr $50 p/hr $100 p/hr $25 $20 Room Rental Staff recommends adding user fees to rental ie set up/tear down, projection screen, kitchen, and tv/vcr. City 4 ct- I Z I I I Hermosa Beach -Clark Bldg $30 p/hr $60 p/hr $25 p/hr $10 p/hr $250 - - Redondo Beach -Knob Hill $60 $70 $0 $15 $100 - Set Up $29 Manhattan Beach -Joslyn Ctr $100/$150 $100/$150 $100 - $300 $20 User Fees Hermosa Bch-ClarkNew Fee $30 p/hr $60 p/hr $25 p/hr $15 p/hr $250 $20 User Fees Hermosa Beach -Comm Ctr $25 $25 $20 - $50 - - Manhattan Beach-NorthEast $24/$33 $24/$33 $24 - $300 $20 - Hermosa Bch -CC New Fee $25 - ' $30 $20 - $50 $20 User Fees Gym Rentals Staff recommends adding user fees for scoreboard usage and application fee. City c . o v t 0 2 0 8 O Hermosa Beach $30 I $30 I $25 I $10 I $100 I None None Manhattan Beach Not available for rent Redondo Beach $85 $85 $85 None $100 None None Hermosa Bch -New Fee $50 $75 $45 None $100 $20 User Fees Field Reservation Staff recommends increasing City lighting fees and addin,g application fee. c:o .3 U 0 v o c e cr g U 2 $30 $30 $30 $12 $24 $12/$24 N/A N/A N/A $30 $30 $30 Hermosa Beach Manhattan Beach Redondo Beach Hermosa Bch -New Fee to.0)E o a ty cp 0 0 4 2 $10 $25 $100 $12/$24 $12/$24 $50 N/A N/A N/A $15 $25/$12 $100 0 8 n e $0 $20 N/A $20 Film Permits Film Permit fees increased in January 2004 with the addition of private property location fees, strike fees, and rep fees. h 0 o w y N. N. y 0 NJ y (0 r' o Fee Titles o a a. c m o0 o 0 r d ra ra 0. a'� y 4* Hermosa Beach $383 $894 $894 $100 $100 $128 7 La City $450 $300 $0 $100 $100 2 LA County $450 $400 $400 $100 $100 2 Manhattan Beach $139 $1,700 $1,700 $0 $0 $280 15 Redondo Beach $342 facility rental $0 $0 $0 $129 7 Special Events Staff recommends increasing all special event fees for commercial and non-profit special events. City co 1 U Hermosa Beach I $1,915 $2,107 $3,830 $100 $1.20 $128 Hermosa Bch -New Fee I $2,200 $2,420 $4,400 $150 $1.50 $150 • • a • • HILTON FARNKOPF dr HOBSON, LLC Advisory Services to Municipal Management Northern California Central California Southern California 2175 N. California Boulevard. Suite 990 Walnut Creek, California 94596 Telephone: 925/977-6950 Fax: 925/977-6955 www.hfh-consultants.com March 26, 2004 Ms. Viki Copeland Finance Director City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 Robert D. Hilton, CMC John W. Farnkopf. PE Laith B. Ezzet. CMC MAR 3 1 2004 RECEIVED Subject: Refuse Vehicle Impact Fees Finance Street Maintenance Dear Ms. Copeland: The state budget crisis and the economy have resulted in some jurisdictions deferring street maintenance to balance their budgets. Delays in preventative maintenance, however, allow streets to deteriorate and result in dramatically higher lifecycle costs. Each dollar spent on preventative maintenance now can save five dollars or more in future costs. Most of the deterioration of streets is caused by vehicle size and weight. A single, large truck can cause as much damage as thousands of automobiles. Solid waste, recycling, and yard waste vehicles (refuse vehicles) are the heaviest vehicles regularly operating on residential streets. While costs differ from one city to another, the costs are significant: • The City of Modesto estimated the annual impact of refuse vehicles on the City's street maintenance costs to be $1.7 million; • In Santa Rosa, it was estimated to be $2 million; • HF&H's study for the City of San Rafael calculated the annual cost of residential refuse vehicles to be $200,000; • Our study for the City of Petaluma calculated an annual cost of $1.3 million; • Preliminary results for our current studies for the City of Napa calculate the annual impact to be as much as $1.2 million; and • Preliminary results for our current studies for the Central Contra Costa Solid Waste Management Authority calculate the annual impact to be as much as $2 million. In Howard Jarvis Taxpayers Association v. City of Los Angeles, the Court reaffirmed that: (1) a fee imposed on a user (such as a refuse collection company) rather than on a property owner is not a property -related fee; and (2) a fee may not exceed the cost of service or facility provided. A recent legal opinion by Betsy Strauss, Esq., City Attorney for the City of Rohnert -a3- 4 • • HILTON FARNKOPF & HOBSON, LLC Ms. Viki Copeland March 26, 2004 Page 2 of 2 Park and Special Counsel to the League of California Cities, supports the validity of imposing such a fee, provided that appropriate analysis substantiates the basis of the fee amount. Refuse vehicle impact fees, based on a study demonstrating a nexus between the fee and the related costs, can help finance the maintenance of your streets. Based on our studies: • The City of Petaluma has incorporated a refuse vehicle impact fee into its new franchise that will generate approximately $200,000 annually; • The City of San Rafael recently approved a fee that will generate approximately $200,000 annually; mid • The City of Napa is also currently considering assessing a refuse vehicle fee as part of its new solid waste collection franchise. Please contact William Schoen at 530/759-1651 (wschoen@hfh-consultants.com), or me at (925)-977-6952 (rhilton@hfh-consultants.com) to learn more about how refuse vehicle impact fees could help you finance your street maintenance cost. Very truly yours, HILTON FARNKOPF Br HOBSON, LLC Robert D. Hilton, CMC President CA Codes (shc:10000-101i STREETS AND HIGHWAYS CODE SECTION 10000-10016 • 10000. This division may be cited as the Municipal Improvement Act of 1913. 10001. Unless the context otherwise requires, the definitions contained in this part shall govern the construction of this division. 10002. "Improvement" includes all work and improvements authorized to be done under this division which are for a public purpose or which are necessary or incidental to a public purpose. 10003. "Municipality" and "city" include every city, city and county, or county, or other entity, public corporation, or agency authorized to operate under this division, including any joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and any special district organized for the purpose of aiding in the development or improvement of navigation or commerce to, or within, the district. 10004. "Legislative body" includes any body which by law is the legislative department of government of the city, or municipality. 10005. "City treasurer" includes any person or officer who has charge and makes payments of the city or municipal funds. 10006. "Install" includes construct, reconstruct, extend, repair, and maintain. 10006.5. Subject to the limitation of Section 10204.1, "incidental expense" has the same meaning as specified in Section 5024. 10007. "Street" includes the whole or any part of one or more public streets, alleys, or other places in any municipality, and rights of way owned or held by any municipality for the purposes of this division. 10008. "Assessment district" means the district of land to be benefited by the improvement and to be specially assessed to pay the Page 1 of4 as- httn://www.leeinfo.ca.eov/cei-bin/displavcode?section=shc&group=09001-10000&file=100..: 6/3/2004 CA Codes (shc:10000-10. • costs and expenses of the improvement and the damages caused by the improvement. 10009. The provisions of this division apply to all counties and districts, or other public corporations insofar as such corporations have the power applicable to them to make any of the improvements authorized under this division. The officers of such counties, districts, or other public corporations who have similar powers and duties as the municipal officers referred to in this division have the powers and duties given by this division to such municipal officials. Where no similar officer exists, the legislative body of the county, district, or public corporation shall by resolution appoint a person or designate an officer to perform the duties under this division. 10010. "Acquisition", or any of its variants, means and includes one or more of the following: (a) Any works, improvements, appliances, or facilities authorized to be made, constructed, or acquired under this division and which are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof; any use or capacity rights in any of the foregoing; and any works, improvements, appliances, or facilities acquired or installed pursuant to Sections 10109 to 10111, inclusive. Any work, improvement, appliance, or facility which was not in existence and installed in place on or before that date may be acquired if it was constructed as if it had been constructed under the direction and supervision or under the authority of the municipality. (b) Electric current, gas, or other illuminating agent for power or lighting service. (c) Any real property, rights-of-way, easements, or interests in real property, acquired or to be acquired by gift, purchase, or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this division, except real property, rights-of-way, easements, or interests in real property shown upon a final map filed with or submitted to the legislative body for acceptance and approval pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) and offered for dedication to public use by that map or by any separate offer of dedication. (d) The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The amount of the payment shall be included in the new assessment on the parcel. This subdivision is applicable only where the acquisition is incidental to other acquisitions or improvements. 10011. "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office of the county in which the property is situated, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, guardian, or Page 2 of 4 http://www.legi nfo.ca. gov/cgi-bin/di spl aycode?section=shc&group=09001-10000&file=100... 6/3/2004 C'.\ Codes (shc:10000-100 • conservator of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner. 10012. This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this division, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the legislative body in accordance with the provisions of this division. 10013. Whenever any notice, resolution, order, or other matter is required to be published or posted, and the duty of posting or publishing, or procuring the same, is not specifically enjoined upon any officer or person, the clerk shall post or procure the publication or posting thereof, as the case may be. No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this section as to the officer or person posting or publishing, or procuring the publication or posting, of any notice, resolution, order, or other matter when the same is actually published or posted for the time required. 10014. The failure of the clerk to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this division, nor prevent the legislative body from proceeding with any hearing so noticed. 10015. No notice, nor any publication of any notice, order,. resolution, or other matter, other than that expressly provided in this part or elsewhere in this division, shall be necessary to give validity to any of the proceedings provided in this division. 10016. Any resolution, notice, report, diagram, or assessment which is required to contain a description of the improvements, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any parcel of land, may, for a full and detailed description thereof, refer to any plan or map which is on file with the clerk, the county auditor, or the county assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description. Page 3 of 4 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=09001-10000&file=100... 6/3/2004 CSA Codes (shc:10000-10. • Page 4 of 4 http://www.Ieginfo.ca.gov/cgi-bin/displaycode?section=shc&group=09001-10000&file=100... 6/3/2004 CA Codes (shc:10100-10112) • STREETS AND HIGHWAYS CODE SECTION 10100-10112 • 10100. Whenever the public interest or convenience requires, the legislative body of any municipality may install in or along its streets all or any of the following: (a) Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service. (b) Lines, conduits, and other necessary works and appliances for providing electric power service. (c) Mains, pipes, and other necessary works and appliances for providing gas service. (d) Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes. (e) Any works, utility, or appliances necessary or convenient for providing any other public service. 10100.1. If the written consent of the owner of the property is first obtained, work may be done on private property to eliminate any disparity in level or size between the improvement and private property, provided that the legislative body determines in the resolution of intention to order the improvement that it is in the public interest and more economical to do such work on private property than to adjust the work on public property to eliminate such disparity. The actual cost of such work may be added to the assessment of the lot on which the work is done. Nothing in this section limits or restricts the authority of the legislative body to make agreements authorized by Section 1263.610 of the Code of Civil Procedure. 10100.2. (a) (1) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay, or make funds available to enable the owners of lots or parcels of real property within the district to pay, for either of the following: (A) Work deemed necessary to bring real property or buildings, including privately owned real property or buildings, into compliance with seismic safety standards or regulations. The legislative body shall declare that public loans or funds to owners of private buildings for seismic strengthening of unreinforced buildings or other buildings, or real property, pursuant to this section constitute a public purpose resulting in a public benefit.. Only work certified as necessary to comply with seismic safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section, except as otherwise provided in subparagraph (B). Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). Any financing for seismic strengthening of a residential structure containing units rented by households specified in Section 50079.5 of the Health and q - Page 1 of 10 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112)• Page 2 of 10 • Safety Code before strengthening shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any assessments levied pursuant to this section on the parcel on which the structure is located remain unpaid. No lot, parcel, or building shall be included in the district without the owner's consent. (B) Within any area which has been designated by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage, work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the Governor's designation or proclamation, or by aftershocks associated with that earthquake, including work to reconstruct, repair, shore up, or replace any real property or building damaged or destroyed by the earthquake or by its aftershocks. Work may be financed pursuant to this subparagraph only on real property or buildings identified in a resolution of intention to establish a district adopted within seven years of the date that the Governor designates the area as a disaster area or proclaims a state of emergency in the area. (2) Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction, or replacement of privately owned buildings pursuant to this section, shall consist only of lots or parcels on which the legislative body finds that the buildings to be worked on, repaired, reconstructed, or replaced pursuant to this section, are located or were located before being damaged or destroyed by the earthquake which is the subject of the Governor's designation or proclamation pursuant to subparagraph (B) of paragraph (1), or by the aftershocks of that earthquake. (3) The Legislature hereby declares that the use of public funds pursuant to this section for seismic strengthening, repair, or reconstruction of privately owned real property or buildings constitutes a public purpose resulting in a public benefit. The use of funds pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. (4) A loan or expenditure of funds made by a district pursuant this section and secured by a tax assessment or a lien, or both that assessment and lien, on private property shall not, when combined with existing liens on the property, exceed 80 percent of the current appraised value of the property, as determined by an independent, certified appraiser, unless existing lienholders consent in writing to a higher loan -to -value ratio. Notice of the creation of a district or the authorization for the loan or expenditure of funds for the purposes set forth in this section shall be given to lienholders of record on the property included in the district at least 30 days prior to any vote of the governing body authorizing the creation of the district or the loan or expenditure of funds which could create a lien on the property. (b) A district created to finance seismic safety or repair work pursuant to this section may include areas of territory that are not contiguous. (c) At any time after the passage of the resolution provided for in subdivision (a) of Section 10312, the legislative body may make changes in or modify the improvements or reduce the assessment with respect to a particular lot or parcel within an assessment district created for the purposes of this section with the written consent of the owner of that lot or parcel. -30— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • • (d) Any changes made within an assessment district created for the purposes of this section shall be made after notice and hearing, as provided in this division, except that changes may be made under any of the following circumstances: (1) At the hearing on the report, changes that do any of the following: (A) Eliminate a portion of the assessment district without increasing the amount of any assessment or substantially affecting the distribution of benefits from the improvements. (B) Exclude territory which will not be benefited by the remaining improvements without increasing the amount of any assessment. (C) Modify the improvements or the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner and without increasing the assessments on any other real property. (2) At any time after the improvements are ordered and during the pendency of the proceedings to establish the assessment district. (3) At any time after the adoption of the resolution provided for in subdivision (a) of Section 10312, to modify the improvements or reduce the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner. (e) An action to determine the validity of any assessments, bonds, bond anticipation notes, contracts, or improvements for the purposes of this section may be brought by the legislative body, or by any person designated by the legislative body, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of the Code of Civil Procedure. For this purpose, an improvement shall be deemed to be in existence upon its authorization and an assessment upon its confirmation. (f) It is the intent of the Legislature that the powers conferred by this section shall be in addition and supplemental to, and not exclusive of, the powers conferred by any other law. 10100.3. (a) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay for work or to make loans deemed necessary to bring buildings, including privately owned buildings, into compliance with fire safety standards or regulations. The legislative body shall declare that public loans or funds to owners of private buildings for fire safety improvements pursuant to this section constitute a public purpose resulting in a public benefit. (b) Only work certified as necessary to comply with fire safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). (c) Any financing for fire safety improvements of a residential structure containing units that were rented by households specified in Section 50079.5 of the Health and Safety Code before making of fire safety improvements shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as Page 3 of 10 3 1— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • • • any portion of a loan issued pursuant to this section remains unpaid. (d) No lot, parcel, or building shall be included in the district without the owner's consent. (e) The Legislature hereby declares that the expenditure of public funds or making of loans to owners of private buildings pursuant to this section for fire safety improvements constitutes a public purpose resulting in a public benefit. Public funds or loans made pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. 10100.5. Whenever the public interest or convenience requires, the legislative body of any municipality may install or operate, or install and operate,_in or along its streets or any public way or any easement, any of the following: (a) Works, systems or facilities for the transportation of people, designed to serve an area of not to exceed three square miles, including rolling stock and other equipment appurtenant thereto. (b) All other work auxiliary to any of the above, which may be required to carry out the same, including, but not limited to, terminal and intermediate stations, structures, or platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities. (c) Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project. 10100.6. Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of works, system or facilities authorized by subsection (a) of Section 10100.5 or subsection (a) of Section 5101.5 upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, operation, repair and improvement of such works, system or facilities and shall deduct from such estimate the amount of revenues, if any, whidh the legislative body estimates will accrue during such year from the operation of such works, system or facilities and will be available to pay costs of such maintenance, operation, repair and improvement. The legislative body may levy and collect in any year upon and against all of the taxable land and improvements within such district a special ad valorem assessment sufficient to raise a sum of money not exceeding the net amount thus determined but the rate of assessment in any one year shall not exceed twenty-five cents ($0.25) on each one hundred dollars ($100) assessed value as shown on the assessment roll used by the city for city taxation. The special ad valorem assessment shall be levied, collected and enforced at the same times, in the same manner, by the same officers, and with the same interest and penalties, as in the case of general taxes levied by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, operation, repair or improvement of such works, system or facilities. - sa- Page 4 of 10 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=10I... 6/3/2004 CA Codes (shc:10100-10112) • • 10100.7. The legislative body of any municipality which has entered into an agreement with an owner or owners of land within the municipality whereby the owner or owners have constructed or acquired water system facilities, including wells, pumps, dams, reservoirs, storage tanks, pipes, hydrants, meters or other appurtenances for supplying or distributing a domestic water supply, or sewer system facilities, including sewers, pipes, conduits, manholes, treatment and disposal plants, connecting sewers and appurtenances for providing sanitary sewer service, or capacity in these facilities, and have transferred the facilities or capacity to the municipality to be utilized by it for providing water or sewer service, or both, to the land of the owner or owners, and whereby the municipality has agreed to refund or reimburse to the owner or owners the cost of the facilities or capacity or any portion thereof out of connection fees or other revenues or funds of the municipality, including an assessment levied upon the land of the owner or owners or proceeds from the sale of bonds issued pursuant to this division, may upon obtaining the written consent of the owner or owners conduct proceedings pursuant to this division for the formation of an assessment district over and including the land of the owner or owners and levying an assessment thereon and issuing bonds as authorized by Chapter 7 (commencing with Section 10600), for the purpose of satisfying its refund or reimbursement obligation to the owner or owners. The municipality may, upon obtaining the written consent of the owner thereof, include in the assessment district, and levy an assessment upon, any land which will benefit from the water or sewer system facilities, or both, or capacity therein, whether or not the land is owned by the owner or owners who are parties to the agreement with the municipality, but may not include in an assessment district the land of any owner who does not consent in writing thereto. 10100.8. (a) Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing works, systems, or facilities after January 1, 1985, upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, repair, and improvement of the works, systems, or facilities. (b) The legislative body, may, by resolution adopted at a public hearing, determine to levy and collect in any year upon and against all of the taxable land and improvements within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subdivision (a). (c) The special assessment shall be levied, collected, and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties, as in the case of other special assessments levied pursuant to this division by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, repair, or improvement of the works, systems, or facilities. (d) For purposes of this section, "maintenance, repair, and improvement" shall include all expenses incurred to keep the work, system, or facility in fit operating condition which are ordinarily incurred no more frequently than every five years, except that expenses which are ordinarily incurred at lesser intervals may be included if the legislative body finds that the expenses have to be -- 33 - Page 5 of 10 http://www.leginfo.ca.gov/egi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • incurred in order to maintain parcels and that the level of rapidly than usual for other public works of the because of circumstances which do not ordinarily works. the level of benefit to benefit would otherwise type affect • the assessed decline more involved these public 10100.9. Prior to any hearing pursuant to Section 10100.8, the clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the Government Code. 10101. The legislative body may acquire any works or appliances already installed in the streets, of the municipality which are necessary or convenient to supply the municipality or its inhabitants with water, electricity, gas, or other means of heat, illumination, power, or any other public service, and any plants, lands, and rights of way, whether located within or without the municipality, which are necessary or convenient for their use and operation, or may acquire the use of any such works, appliances, and other property. The legislative body may also acquire electric current, gas, or other illuminating agent for power or lighting service pursuant to this division. 10102. Notwithstanding any other provision of this division, whenever the public interest or convenience requires, the legislative body of any municipality may pay fees or expenses or acquire or install any or all of the works and improvements authorized by, and subject to the limitations with respect to those works and improvements set out in, the Improvement Act of 1911 (Division 7 (commencing with Section 5000)), the Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18), the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18), the Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of the Government Code), or other works and improvements of a local nature, and may acquire by gift, purchase, or eminent domain proceedings land, rights-of-way, and easements necessaty for the works and improvements. 10102.1. The provisions of the Improvement Act of 1911 relating to conversion of existing overhead electric and communication facilities to underground locations, as set forth in Chapter 28 (commencing with Section 5896.1) of Part 3, Division 7 of this code, excepting Sections 5896.10, 5896.13 and 5896.15, are incorporated in this division as if fully set out herein. References in said Chapter 28 to "this division" shall be deemed to refer to Division 12. The contractor, public utility, public agency or city performing the work of conversion shall be paid therefor from the improvement fund. The agreement provided for by Section 5896.9 shall be made prior to the adoption of the resolution ordering the work. Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the time set for hearing on the report, provided, that the legislative body may authorize such request to be filed at any time not later than the confirmation of the assessment. Page 6 of 10 el— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • • 10102.2. The provisions of the Improvement Act of 1911 relating to work performed on a state highway, county road, or railroad right-of-way, as set forth in Sections 5101.7 and 5101.8, are incorporated in this division as if fully set out herein, except that references to "this division" shall be deemed to refer to Division 12 (commencing with Section 10000). 10103. The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of this code providing for the construction of work and the levy of an assessment by a city within a county or by a county within a city, are incorporated in this division as if fully set out herein. Upon obtaining the consent required in that chapter, a city may construct improvements and levy an assessment in a county or in another city, a county may construct improvements and levy an assessment within a city, and a public corporation may consruct improvements and levy an assessment outside of its boundaries either within a city or within a county. If no assessment is to be levied outside the boundaries of the city, county, or public corporation conducting the assessment proceedings, the proposed resolution of intention need not be submitted or approved and the consent required shall be obtained prior to the ordering of the improvement. 10104. When any proceeding is initiated under this division by a legislative body other than that of a city or county, and before the resolution of intention is adopted, the proposed resolution, together with a plat or map which shall indicate by a boundary line the extent of territory included in the proposed district, shall be submitted for approval of the legislative body of the city, where the land to be assessed lies within the corporate limits of any city, or of the county, where the land to be assessed lies within an unincorporated territory. When such approval has been secured, the resolution of intention may be adopted and the legislative body initiating the proceeding may thereafter take each and every step required for or suitable for the consummation of the work and the levying, collecting and enforcement of the assessments'to cover the expenses thereof and the issuance and enforcement of bonds to represent unpaid assessments. 10105. As an alternative procedure for constructing any improvement authorized under the Improvement Act of 1911, the legislative body may pass a resolution of intention to do such work, which shall contain a provision that the work shall be instituted when any local, state, or national agency or authority accepts the proposed work as a project for which a contribution of labor, or labor and any portion of materials, supplies, or equipment, will be made by such agency or authority. Page 7 of 10 10106. Under the alternative procedure the work to be done by the contractor shall consist of furnishing all or any part of the labor, materials, supplies, and equipment necessary for the construction of the improvements or the work may be performed or the labor, -35 — http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • • materials, supplies, and equipment furnished in the same manner as provided in Chapter 6 of this division. Whenever the alternative procedure is adopted, the resolution shall recite that fact, state the name of the agency or authority which is to make the contribution, the contribution which is to be made, and the work to be done by the contractor or by the city. In all other particulars the resolution shall conform to the provisions of Chapter 3 of this division. Nothing in this section prevents the acceptance of contributions not mentioned in the resolution of intention for any improvements mentioned in this section, and for that purpose Section 5125 is incorporated as part of this division as if fully set out herein. 10107. The provisions of Chapter 26 of Part 3 of Division 7 of this code are incorporated in this division as if fully set out herein. These provisions may be used in combination with the other provisions of this division. 10108. A city may form a maintenance district, in which event Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code, excepting Sections 5850 to 5853, inclusive, as now or hereafter provided, shall hereafter apply. In such event, the officers referred to therein shall be deemed to be the city officers performing the same duties. 10109. Whenever the improvement or acquisition includes the acquiring or the installation of works, appliances, or improvements authorized by this division, and the works, appliances, or improvements are, or may be, under the ownership, management, or control of any public agency other than the city making the acquisition or ordering the work done, or of a regulated public utility, the works, appliances, or improvements may be acquired or installed under the proceedings specified in this division. For purposes of this section and Sections 10110 and 10111, "regulated public utility" includes a cable television company. Page 8 of 10 10110. Before the ordering of the work, acquisitions, or improvements which are to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, the legislative body shall enter into an agreement with the public agency, public utility, or mutual water company which has, or may have, charge of the works, appliances, or improvements. The agreement may provide for the joint exercise of any power authorized by this division by two or more local agencies authorized to use this division if the legislative body of each participating agency adopts a resolution declaring that the joint agreement would be beneficial to the residents of the area of the agency. A local agency which is a party to the agreement may use the proceeds of any assessment or of any bonds or other indebtedness issued in conjunction with this division pursuant to the agreement to provide facilities which the local agency is otherwise authorized by law to provide, even though another agency which is a party to the agreement does not have the power to provide those facilities. Among other things, the agreement - 3' http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • • may provide for any of the following: (a) For the supplying by the public agency, public utility, or mutual water company of plans and specifications in accordance with Chapter 5 (commencing with Section 5170) of Part 3 of Division 7. (b) For the performance of work or service by the public agency, public utility, or mutual water agency, and the payment to the public agency, public utility, or mutual water company out of the improvement fund for the work or service. Any agreement providing for the performance of work by a public utility or mutual water company may provide for the posting of labor, material, and performance bonds. (c) For the acquisition by the legislative body of works or appliances already installed and for the conveyance of these works or appliances to the public agency, public utility, or mutual water company. The owner of these works or appliances may be a party to the agreement. (d) That the agreement shall become effective after proceedings have been taken pursuant to this division and the funds are available to carry out all the terms thereof. Whenever it is proposed to annex to the public agency the territory in which the installation or acquisition is contemplated, proceedings may be taken up to and including the confirmation of the assessment as provided for in Section 10312 prior to the commencement of the annexation proceedings. If the annexation is successful, the assessment shall be recorded and other proceedings taken that may enable the parties to comply with the terms of the agreement. If the annexation proceedings fail, further proceedings under the resolution of intention are barred. Any agreement entered into pursuant to this section, to the extent that utilities have been financed by special assessments, shall provide that no main extension refund agreement shall be entered into with a developer. 10110.1. If an agreement entered into pursuant to Sections 10109 and 10110 provides for the payment of refunds, and to the extent that the works, appliances, or improvements to which the refund payments are applicable are financed by special assessments, any amounts paid by the public agency, public utility, or mutual water company as a refund payment for the works, appliances, or improvements to be transferred to the public agency, public utility, or mdtual water company under the agreement shall be deposited into a special fund to be established and administered by the city treasurer and applied as a credit upon the assessment and supplemental assessment, if any, in the same manner as provided in Section 10427.1, or shall be used to call bonds, or both. The credits shall be applied only to the assessments levied for the particular improvements for which the refund is made. Any such amounts shall be transferred to the general fund of the city if either of the following occurs: (a) The amounts are paid later than four years from the date of recordation of the assessment and any supplemental assessment. (b) If bonds have been issued, the amounts have been paid later than four years after the due date of the last installment upon the bonds or of the last principal coupons attached thereto. 10111. After the work, acquisitions or improvements have been completed and accepted, or conveyed to the public agency or utility, title to the works, appliances or improvements so installed, acquired Page 9 of 10 -37 — http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10100-10112) • Page 10 of 10 • or conveyed shall vest in the public agency or utility and constitute a part of its system, and shall at all times thereafter be used, operated, maintained, and managed by it as a part of such system. 10112. In the case of a proposal for a water supply system or sanitary sewers and facilities, the preliminary steps, including, but not limited to, environmental impact reports, feasibility studies, engineering plans, cost estimates, legal expenses, and elections, may, at the legislative body's discretion, be deemed to be improvements. —3$— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10120-10125)• Page 1 of 2 • STREETS AND HIGHWAYS CODE SECTION 10120-10125 10120. Approval of the owners of land for any improvements specified in Section 10112 may, at the discretion of the legislative body, be secured through an election. 10121. (a) Notwithstanding any other provision of law, the election may be conducted by mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of Division 4 of the Elections Code, regardless of the number of voters eligible to vote. Prior to the election, the legislative body shall provide for published notice of the election at least once a week for two weeks. Only one vote may be cast for each parcel of land within the territory proposed to be studied. (b) If the landowner is a partnership, joint tenancy, corporation, or tenancy in common, the vote to which the landowner is entitled may be cast by any of the partners, joint tenants, or tenants in common. However, only one vote may be cast on behalf of the landowner. (c) As used in this section: (1) "Landowner" means any person shown on the last equalized assessment roll as the owner of land. However, if the ownership of the land is changed after the making of the last equalized assessment roll, the new owner thereof may vote upon the production of evidence of ownership of the land. (2) "Parcel" means any parcel as identified on the last equalized assessment roll. 10122. The measure to be voted on shall include a description of the improvements proposed, a map showing the territory to be benefited by the proposed improvements and proposed to be subject to assessments, and an estimate of the costs of the improvements proposed. The measure to be voted on shall be approved by the legislative body after holding a public hearing. 10123. The proposition is approved if a majority of the voters voting approve the measure. If the measure is approved by the voters, assessments shall be levied and collected pursuant to Chapter 5 (commencing with Section 10400). The legislative body may pay the cost of the work described in Section 10112 prior to the collection of assessments. Any assessment imposed pursuant to this section may be collected in installments over a period not to exceed five years. 10124. Notwithstanding Section 10123, the legislative body may delay the collection of the assessments imposed by Section 10123 until the time an assessment district is created pursuant to Section 10200 to pay the costs of a water supply system project, or a -39— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10120-10125)• Page 2 of 2 • sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123. 10125. If an assessment district is created pursuant to Section 10200, the legislative body shall include the assessments imposed by Section 10123 with the assessments imposed by Section 10200 within an assessment district created to pay the costs of a water supply system, or a sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123. —yo— http://www.leginfo.ca.gov/cgi-bin/displaycode7section=shc&group=10001-11000&file=101... 6/3/2004 CA Codes (shc:10200-10210) • STREETS AND HIGHWAYS CODE SECTION 10200-10210 10200. Before ordering any improvement which is authorized by this division to be made, the legislative body shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, specifying the exterior boundaries of the assessment district, providing for the issuance of improvement bonds, if any bonds are to be issued, pursuant to Chapter 7 (commencing with Section 10600), declaring its intention to levy an assessment to maintain, repair, or improve the facility pursuant to Section 10100.8, if it intends to levy such an assessment, and providing for the disposal of any surplus remaining in the improvement fund after the completion of the improvement, as authorized in Section 10427. The descriptions do not need to be detailed and shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the assessment district. The resolution of intention shall also contain a brief statement of the intention of the legislative body to enter into an agreement with any other public agency, or public utility, pursuant to Chapter 2 (commencing with Section 10100). 10201. In the resolution of intention the legislative body may order that a specified portion or percentage of the cost and expenses of the improvement shall be paid out of the treasury of the municipality from such fund as the legislative body may designate. 10201.1. As used in the chapter, "private utility damages" means the amount to which any private utility might be entitled by virtue of Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code on account of the construction of the proposed improvement. In the resolution of intention, the legislative body, in its discretion, may order that private utility damages be included in the assessment. 10202. The proposed improvement may include any or all of the different kinds of work mentioned in this division, but the maintenance of appliances or the furnishing of electric current, gas, or other illuminating agent shall be for a period stated in the resolution of intention not exceeding two years. Page 1 of4 10203. In the resolution of intention the legislative body shall refer the proposed improvement to the board, commission, or officer of the municipality having charge and control of the construction of public improvements of the kind described in the resolution, or to the city engineer, or to such other board or officer of the http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=102... 6/3/2004 CA Codes (shc:10200-10210) • • municipality, or competent person employed by the municipality for the purpose, as the legislative body may name in the resolution, and direct such board, commission, officer, or person to make and file with the clerk of the legislative body a report in writing. 10204. The report of the person or board to whom the improvement is referred by the legislative body shall contain all of the following: (a) Plans and specifications of the proposed improvement if the improvement is not already installed. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. (c) An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement, including any cost of registering bonds. If the legislative body, in the resolution of intention, ordered that private utility damages be included in the assessment, the report shall contain an estimate of the private utility damages. If the legislative body, in the resolution of intention, declared its intention to levy an assessment for the maintenance, repair, or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied. (d) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: (1) The exterior boundaries of the assessment district. (2) The boundaries of any zones within the district. (3) The lines and dimensions of each parcel of land within the district. Each subdivision, including each separate condominidm interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. In the case of an assessment for installation of planned local drainage facilities which are financed, in whole or in part, pursuant to Section 66483 of the Government Code, the assessment levied against each parcel of subdivided land may be levied on the basis of the proportionate storm water runoff from each parcel. When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10201, the amount of that portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report Page 2 of 4 —ya— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=102... 6/3/2004 CA Codes (shc:I0200-10210) • Page 3 of 4 • shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (d). (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by the city and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. 10204.1. If the assessment district consists, in whole or in part, of lands subdivided or to be subdivided under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, none of the costs and expenses required for compliance with the Subdivision Map Act, including but not limited to surveying and engineering costs incurred in the preparation of any map required by such act, shall be included in the incidental expenses of any improvement ordered to be made or acquired under this division. Incidental expenses under this division may include: (1) The costs and expenses of modifying any tentative or final map prepared pursuant to the Subdivision Map Act for use as the map of the assessment district or diagram; and (2) Any surveying or engineering expenses incurred for preparation of the plans and specifications of any improvement to be constructed under this division. (3) Any private utility damages. 10204.2. If improvement bonds are to be issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)), the costs and expenses of the proposed improvement may include an allowance for interest not exceeding two years' estimated interest on the bonds. The amount of the allowance for interest shall be paid into the redemption fund for the bonds upon sale and delivery of the bonds. 10204.5. In preparing the report in which assessments are apportioned pursuant to subdivision (e) of Section 10204, the person or board to whom the improvement is referred by the legislative body may presume that facilities which are required to meet the needs of future residents of an area, as indicated by a general or specific plan for the area, will benefit undeveloped and underdeveloped property within the area. If the legislative body adopts the report, that presumption shall be conclusive. 10205. The provisions of the Improvement Act of 1911 relating to contributions are incorporated in this division as if fully set out herein. At any time either before or after the formation of the district, the legislative body may provide by ordinance that for a period specified in the ordinance, but not exceeding the term of bonds issued or to be issued, the city may contribute, from any sources of 'y3 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=102... 6/3/2004 CA Codes (shc:10200-10210) • • revenue not otherwise prohibited by law, any specified amount, portion, or percentage of such revenues for the purposes set forth in such ordinance, limited to the following: the acquisition or construction of improvements, the acquisition of interests in real property and the payment of expenses incidental thereto for the use and benefit of the district. In addition, the purposes specified in the ordinance may also include the application of such revenues as a credit upon the levied assessments in the same manner as is provided in Section 10427.1. A brief statement of intention to provide such contribution of revenues shall be set forth in the resolution of intention. Such contribution shall not constitute an indebtedness or liability of the municipality. Contributions may be made from any sources of revenue not otherwise prohibited by law; provided, however, that any contributions authorized after the levy of assessment shall be from sources other than ad valorem taxes on real property. 10206. The provisions of the Improvement Act of 1911 relating to assessments on publicly owned property and railroad property, and certificate or bond secured by unpaid assessments on publicly owned property, are incorporated in this division as if fully set out herein. 10207. The provisions of Chapter 4 (commencing with Section 5150) of Part 3 of the Improvement Act of 1911 are incorporated in this division as if fully set out herein. 10208. The exterior boundaries of the assessment district may be specified and described as provided in the Improvement Act of 1911. 10209. In the assessment of land, credit may be given for dedications and for improvements constructed at private expense. 10210. To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this division the legislative body may at any time transfer into a special fund designated by the name of the improvement proceeding, out of any available funds of the municipality, such sums as it deems necessary. The sums so transferred are a loan to the special fund, and shall be repaid out of the proceeds of the assessments provided for in this division. Page 4 of 4 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=102... 6/3/2004 CA Codes (shc:10300-103: • STREETS AND HIGHWAYS CODE SECTION 10300-10312 10300. When the report provided for in Sections 10203 and 10204 is filed with the clerk, he shall present it to the legislative body for consideration. The legislative body may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this chapter. 10301. After passing on the report, the legislative body shall by resolution appoint the time and place for hearing protests to the proposed assessment and shall cause notice of that hearing and a public meeting required by Section 54954.6 of the Government Code to be mailed as provided in subdivision (c) of that section. If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. 10306. The failure of the clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this division. If property assessed by the state under Section 14 of Article XIII of the Constitution is proposed to be assessed, the notice shall be mailed to every owner of the property at the address thereof shown on the last board roll transmitted to the county auditor. 10310.4. The legislative body may remedy, revise, and correct any error or informality in any act, determination, or proceeding of the legislative body or any officer of the city. The legislative body may confirm, amend, alter, modify, or correct the assessment and diagram in such manner as to it shall be just and may instruct and direct the person or board making the same to correct them in any particular. 10311.1. If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the "owners" of property to be assessed, the legislative body shall make such determination from the last equalized assessment roll. The legislative body shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive. 10311.5. If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Page 1 of 2 S— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103... 6/3/2004 CA Codes (shc:10300-101) • Title 7 of the Government Code, and such improvements were financed, in whole or in part, from the proceeds of any loan secured by a mortgage or deed of trust upon any lands within the proposed assessment district, upon submission of evidence, satisfactory to the legislative body, of the foregoing, the mortgagee or beneficiary under any such mortgage or deed of trust may protest in the same manner and to the same extent as the owner of such lands. Any contract by a city for the acquisition of any such improvements shall provide that, in the absence of contrary written instructions by any such mortgagee or beneficiary, the purchase price for said improvements shall be paid to the owner and to the mortgagee or beneficiary, as their interests may appear. 10312. (a) When, upon the hearing, the proposed assessment provided for in subdivisions (d) and (e) of Section 10204, and the maximum annual assessment provided for in subdivision (f) of that section, are confirmed as filed, as modified, or corrected, by resolution, the legislative body shall order the proposed improvement to be made or acquired, and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective subdivisions of land in the assessment district. (b) If an annual assessment to pay for administrative cost is provided for pursuant to subdivision (a), the legislative body shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment provided for in subdivision (a) and shall not exceed a reasonable estimate of costs actually incurred or likely to be incurred. This determination may be included in the resolution adopted pursuant to subdivision (a). The legislative body may subsequently determine by resolution that the annual assessment shall be a different amount, but in no event shall the annual assessment exceed the maximum annual assessment provided for in subdivision (a). Resolutions adopted pursuant to this subdivision shall be final as to all persons, and the annual assessment in the amount determined shall thereby be levied annually until changed by resolution adopted pursuant to this section. These assessments may be collected in the same manner and in the same installments as the assessments levied pursuant to subdivision (a), and may be combined with those assessments for collection in any manner which is convenient and economical. Page 2 of2 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103..: 6/3/2004 CA Codes (shc:10350-103) • STREETS AND HIGHWAYS CODE SECTION 10350-10358 10350. "Changes" as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. 10351. Unless the power to proceed shall have ceased at the conclusion of the hearing on the proposed improvement because of a majority protest, at any time before completion of the improvement proceedings, the legislative body may make changes in, to or from the boundaries of the proposed assessment district, the improvement ordered to be made or acquired, the assessment (including the amounts of any of the individual assessments therein), or in the proceedings, or any act, determination or provision made, or permitted to be made, by the legislative body under and pursuant to this division, which act, determination or provision does not affect the jurisdiction of the legislative body to order the improvement. The legislative body shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the improvement. 10352. All changes shall be made on notice and hearing as herein provided, except changes may be made: (a) At the hearing on the report, which: (1) Reduce the total amount of the assessment or make no change in the total amount of the assessment and no increase or decrease in the amount of money assessed on each parcel of property included in the assessment; or (2) Eliminate a portion of the work or provide a substitution therein without increasing the cost of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; or (3) Eliminate a portion of the assessment district without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; or (4) Exclude territory which will not be benefited by the improvement without increasing the amount of any assessment by reason thereof; and (b) At any time after the improvements are ordered and during the pendency of the proceedings, which; (1) Do not increase the total amount of the assessment; or (2) Provide for the elimination or addition of work or substitutions therein, though they result in an increase in some assessments, provided that the owners of the property affected request in writing that the changes in the work and in the assessments be made; or (3) Exclude territory which will not be benefited by the improvement without increasing the amount of any assessment by reason thereof. 10353. Before ordering any changes made, other than as provided in Page 1 of 3 _L/7—. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103:.. 6/3/2004 CA Codes (shc:10350-10358) • • Section 10352, the legislative body shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the legislative body and show cause why the changes should not be ordered. The resolution shall also contain the name and telephone number of a local department or agency designated by the legislative body to answer inquiries regarding the hearing proceedings. The resolution may describe the changes by referring to maps, plats, plans, profiles, detailed drawings, or specifications on file in the office of the clerk of the legislative body or engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code, at least 10 days prior to the date of the hearing. If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. 10354. If said resolution proposes to include additional territory in the assessment district, or to increase any assessment, at least 20 days prior to the hearing fixed therein the clerk of the legislative body shall mail a copy of said resolution to all persons owning real property within said additional territory, or whose assessment is increased, whose names and addresses appear on the last equalized assessment roll or as known to said clerk. 10355. Written objection to the proposed changes may be filed with the clerk of the legislative body by any interested person at any time not later than the time set for the hearing. The legislative body shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If no written objections to said changes have been delivered to the clerk up to the hour set for hearing thereon, or if said objections have been heard and found by the legislative body to be insufficient of have been overruled or denied, immediately thereupon the legislative body by an affirmative vote of four-fifths of its members shall acquire jurisdiction to order said changes made. The decisions and determinations of the legislative body ordering such changes after notice and hearing shall be final and conclusive upon all persons entitled to appeal thereupon to the legislative body. Page 2 of 3 10356. If as a result of any proposed changes the legislative body shall determine that a supplemental assessment shall be necessary, the proceedings provided for by this chapter may either be combined with or conducted separately from the proceedings for such supplemental assessment. If said proposed changes shall eliminate or substantially reduce the estimated benefits to be received from the improvement by any subdivision of land within the assessment district, the legislative body shall not order any such changes without ordering a corresponding credit upon the individual assessment theretofore imposed upon such subdivision. Said credit �yS— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103... 6/3/2004 CA Codes (shc:10350-1038) • shall be made in the manner provided in Section 10427.1.- 10357. Any changes made pursuant to this chapter shall be subject to the limitations, if any, contained in any law applicable to the proceedings, which law may impose limitations upon the amount by which the estimated cost of the improvement may be increased by reason of such changes. 10358. Any changes made pursuant to this chapter shall not release or discharge the sureties upon any bond required under this division. Page 3 of 3 yq— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103... 6/3/2004 CA Codes (shc:10360-108) STREETS AND HIGHWAYS CODE SECTION 10360-10368 • 10360. This chapter provides an alternative procedure for authorizing assessments pursuant to this division. It is not intended to alter or restrict authority to authorize assessments pursuant to other provisions of this division in any way. This chapter does not apply to proceedings to finance public facilities unless 80 percent or more of the district is developed for residential, commercial, or industrial use at the time that proceedings are commenced. This chapter shall not be used for the acquisition of existing works, appliances, or property except insofar as the acquisition is incidental to a proposed improvement not already installed. 10362. All provisions of this division shall apply to proceedings pursuant to this chapter, except as expressly provided in this chapter. 10364. For purposes of proceeding under this chapter, the report prepared pursuant to Section 10204 shall contain the following elements instead of those specified in Section 10204: (a) A general description of the proposed project. Detailed plans and specifications need not be included in the report. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the work, appliance, or property is to be acquired as part of the improvement. Acquisitions are subject to the limitation specified in Section 10360. (c) An estimate of the costs of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement. If the legislative body, in the resolution of intention, ordered that private utility damages be included in the assessment, the report shall contain an estimate of private utility damages. In addition to the estimate of the likely cost of the project, the report shall state a maximum cost of the project and any private utility damages. If the legislative body, in the resolution of intention, declared its intention to levy an assessment for the maintenance, repair, or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied. (d) A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intent. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. (e) A proposed assessment of a percentage share of the cost and expense of the proposed improvement upon each subdivision of real property in the district in proportion to the estimated benefits to be received by those subdivisions, respectively, from the improvement. The amount of the proposed assessment against each Page 1 of2 O- http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103... 6/3/2004 CA Codes (shc:10360-10. • subdivision of real property, assuming the improvement costs and expenses are the amount estimated in subdivision (c) and assuming the project costs and expenses are the maximum amount stated in subdivision (c). When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10201, the amount of that portion or percentage shall first be deducted from the total estimated costs and expenses of the improvement and from the maximum costs and expenses of the project, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (d). 10366. (a) For purposes of proceeding under this chapter, the notice shall contain the following elements: (1) A statement of the time, place, and purpose of the hearing on the resolution of intention and report. (2) A statement of the total estimated cost of the proposed improvement and of the maximum cost of the improvement. (3) The estimated and maximum amounts, as shown by the report, to be assessed against the particular parcel covered by the notice. (4) A statement that any person interested may file a protest in writing as provided in this division. (b) If new, increased, or extended assessments are proposed, the legislative body shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. 10368. For purposes of proceeding under this chapter, the assessment shall be confirmed as follows instead of the procedure specified in Section 10312. When upon the hearing the proposal to assess is confirmed as filed, modified, or corrected by resolution, the legislative body shall order the proposed improvement to be made and declare its action upon the report and assessment. After design work and plans and specifications have been completed, and after contracts have been let pursuant to Section 10501, the legislative body shall, by resolution, fix the amount of the assessment, which shall be equal to or less than the maximum assessment stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected. If the amount of the assessment is more than the estimated cost of the project stated in the report prepared pursuant to Section 10364, as filed, modified, or corrected, the legislative body shall include, within the resolution fixing the amount of the assessment, an explanation for the increase over the estimated cost of the project. In no case shall the amount of the assessment exceed the maximum assessment stated in the report, as filed, modified, or corrected. Resolutions adopted pursuant to this section shall be final as to all persons, and the assessment fixed shall be thereby levied upon the respective subdivisions of land in the assessment district. Page 2 of 2 -- http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=103... 6/3/2004 CA Codes (shc: 10400-1048) STREETS AND HIGHWAYS CODE SECTION 10400-10508 • 10400. The validity of an assessment or supplementary assessment levied under this division shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied. Any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of judgment. 10401. Upon the passage of the resolutions provided for in Section 10312, the clerk of the legislative body shall, if bonds are to be issued, transmit to the superintendent of streets, or if no bonds are to be issued, to the city tax collector the diagram and assessments adopted pursuant to Section 10312. If other than a municipal corporation is conducting the proceeding, the diagram and assessment shall be transmitted to and recorded by the corresponding officer of the entity conducting the proceeding, which officer shall be the county surveyor if a county is conducting the proceeding, and that officer shall perform the duties provided in this division for the tax collector. If neither a municipal corporation nor a county is conducting the proceeding, a certified copy of the diagram and assessment shall be recorded with the county surveyor if all or any part of the improvement district is in unincorporated territory, and with the superintendent of streets or tax collector of the city if all or any part of the improvement district is an incorporated territory. 10402. The tax collector shall record the diagram and assessment received pursuant to Section 10401 in a substantial book to be kept for that purpose in his office. Upon the date of recordation with the tax collector or, if a certified copy is recorded with the county surveyor or the superintendent of streets of the city, lor both, as provided in Section 10401, then upon the date of recordation, the assessment becomes due and payable, except that the legislative body may provide in the resolution adopted pursuant to Section 10312 that all or any portion of the assessment becomes due and payable on the date of the bonds which represent the assessments or portion thereof. 10402.5. Upon the passage of the resolution provided for in subdivision (a) of Section 10312, the city clerk shall record a notice of assessment, as provided for in Section 3114, modified to reflect any annual assessment for administrative cost, whereupon the assessment shall attach as a lien upon the property assessed, as provided in Section 3115, except that the annual assessment for administrative cost shall become a lien at the same time as the property tax becomes a lien each year. Page 1 of 9 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-105: • 10403. All assessments not paid within 30 days after they become due, except all unpaid assessments for which bonds are to be issued, shall become delinquent and the recording officer shall add to each delinquent assessment 5 percent of the amount thereof. Assessments may be paid in whole or in part during the 30 -day period after the same become due and payable. 10404. (a) Notice of recordation of assessment shall be given as provided in this section. (b) Upon recording of the assessment, the collection officer shall mail, as provided in subdivision (a) of Section 5070, a statement containing all of the following: (1) A designation by street number, or some other description, of the property assessed sufficient to enable the owner to identify it. (2) The amount of the assessment. (3) The date of the recordation of the assessment. (4) The time and place of payment of the assessment and the effect of failure to pay within such time. (5) If bonds are to be issued, a statement of that fact designating the act pursuant to which such bonds are to be issued. (c) The failure of the collection officer to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this division. (d) The collection officer also shall give notice by publication pursuant to Section 6066 of the Government Code, which notice shall state all of the following: (1) That the assessment has been recorded as provided in Section 10402, and that all sums assessed therein are due and payable immediately. (2) That the payment of such sums is to be made to the collection officer within 30 days after the date of recording the assessment, which date shall be stated in the notice. (3) If bonds are not to be issued, that all assessments will become delinquent if not paid before the expiration of that 30 days and the effect of the failure to pay the assessments within the 30 -day period. (4) If bonds are to be issued, the effect of the failure to pay the assessments within the 30 -day period. 10405. The tax collector shall fix a time and place for the sale of various parcels of land upon which the assessments are unpaid, which date shall be not less than 60 days nor more than six months after the date of the recordation of the diagram and assessment. 10406. When the resolution of intention does not provide for the issuance of bonds, the tax collector of the entity conducting the proceedings shall give the notice of recording the assessment and collect and receive the assessments, and proceedings shall be had as provided in this chapter. Page 2 of 9 — 53- http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-1058) • 10407. Within 30 days after the date of the delinquency, the tax collector shall begin the publication of a notice of sale of the property upon which the assessments have not been paid. The publication shall be made in the city pursuant to Section 6066 of the Government Code. 10408. The notice of sale published pursuant to Section 10407 need not set out the description of the various parcels of land at length, but shall describe the parcels by their respective number as they appear upon the assessment and diagram. The notice shall refer to the assessment and diagram. Opposite the description or designation of each parcel of land shall be set out the name of the owner as it appears on the last equalized assessment roll for city taxes or as known to the tax collector, the amount assessed against the parcel, the penalty for delinquency, a fee which is required to reimburse the municipality for the estimated reasonable cost of providing notice pursuant to Section 10408.5, and the costs of sale chargeable to the parcel. 10408.5. (a) Not less than 45 days nor more than 60 days prior to the date of sale, the tax collector shall send notice by registered mail to the last known mailing address, if available, of parties of interest, as defined in Section 6505.4. The content of the notice shall include the date, time, and place of the proposed sale, and the amount required to redeem prior to the time of the sale. (b) The tax collector shall make a reasonable effort to obtain the name and last known mailing address of parties of interest. (c) The validity of any sale under this chapter is not affected if the tax collector's reasonable effort fails to disclose the name and last known mailing address of parties of interest or if a party of interest does not receive the mailed notice. 10409. At least 15 days prior to the date of the sale, the tax collector shall mail, postage prepaid, notices of sale to the owners of all property upon which the assessments have not been paid, as they appear on the last equalized assessment roll for city taxes or as known to the tax collector. The various parcels shall be designated by their legal description or by street number in addition to their respective numbers as they appear upon the assessment and diagram. Opposite the description and designation of each parcel in the notice shall be set out the amount assessed against the property, the penalty for delinquency, a fee which is required to reimburse the municipality for the estimated reasonable cost of providing notice pursuant to Section 10408.5, and the portion of the costs of the sale chargeable to the parcel. 10410. Upon the completion of the publishing and mailing of the notices of sale, the tax collector shall file with the legislative body an affidavit setting forth the time and manner of the compliance with the requirements for publishing and mailing the notices. Page 3 of 9 - Sy— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-1058) • 10411. At any time after delinquency and prior to the sale of any parcels of land assessed and delinquent, any person may pay the assessment, and penalties and costs due on the property, including the cost of advertising if the payment is made after the first publication of the notice of sale. 10412. At the time and place fixed in the notice, the tax collector shall proceed with the sale of the property advertised, commencing at the head of the list and continuing in numerical order of lots or parcels of land until all are sold. He may postpone or continue the sale from day to day until the sale is completed. 10413. The tax collector shall sell separately each parcel of land in the published notice on which the assessment remains unpaid, or so much of it as is necessary to realize the amount assessed against the parcel and penalties and costs, and fifty cents ($0.50) for a certificate of sale. If there is no other purchaser for any lot or parcel of land so offered for sale, it shall be struck off to the city as purchaser. 10414. For each sale the tax collector shall issue an original and duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which the parcel was sold. He shall deliver the original certificate to the purchaser and keep the duplicate on file in his office, in the form of a stub, in the certificate book. 10415. At any time before the expiration of one year from the date of the sale, any property sold pursuant to this chapter may be redeemed by payment to the tax collector of the amount'for which it was sold and an additional penalty at the rate of 1 -percent of the amount a month until paid. 10416. The tax collector shall pay the redemption money to the person holding the original certificate of sale and shall require that the person to whom the redemption money is paid surrender the certificate and give a receipt for the money so paid. Upon redemption of any parcel of land the tax collector shall enter the fact and date of redemption upon the duplicate certificate of sale for that parcel of land. 10417. If property sold pursuant to this chapter is not redeemed within one year, and if the purchaser or his assignee has complied with the provisions of this chapter, the tax collector shall execute to the person named in the original certificate, or to his assignee Page 4 of 9 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-105 ) • on his application, a deed of the property described in the certificate. The deed shall refer in general terms to the proceedings under which it is issued and contain a description of the property, any assignment thereof, and the fact that no person has redeemed the property. The tax collector shall receive from the applicant one dollar ($1) for making the deed, unless the city is the purchaser, in which case no charge shall be made. 10418. At least 30 days before he applies for a deed, the purchaser or his assignee shall serve upon the owner of the property, and upon the occupant of such property if it is occupied, a written notice setting forth: (a) A description of the property. (b) That the property has been sold for a delinquent assessment (specifying the improvement for which the assessment was made). (c) The amount for which the property was sold. (d) The amount necessary to redeem at the time of giving notice. (e) The time when the purchaser or assignee will apply to the tax collector for a deed. If the owner cannot be found, after due diligence, the notice shall be posted in a conspicuous place upon the property, at least 30 days before the time stated therein as the time at which the application for a deed will be made. 10419. The person applying for a deed shall file with the tax collector an affidavit or affidavits showing that notice of such application has been given as required in this chapter, and if the notice was not served on the owner of the property personally that due diligence was used to find the owner. The affidavit or affidavits shall be filed by the tax collector in his office. 10420. If redemption of the property is made after such affidavits are filed, and more than 11 months from the date of sale, the person making the redemption shall pay, in addition to the other amounts required, three dollars ($3) for the service of notice and the making of the affidavits, which amount shall be paid over to the purchaser or his assignee in the same manner as other sums paid for redemption. 10421. No deed for any property sold for delinquent assessment shall be made until the purchaser or his assignee has complied with all the provisions of Sections 10417 to 10420, inclusive, and has filed the proper affidavits with the tax collector. 10422. The deed of the tax collector conveys the title in fee to the property and entitles the grantee, upon the receipt thereof, to immediate possession of the property described in the deed. 5(0 Page 5 of 9 http://www:leginfo.ca.gov/cgi-b in/displaycode?section=shc&group=1000 j -11000&file=104... 6/3/2004 CA Codes (shc:10400-105Q8) • 10423. The deed of the tax collector is prima facie evidence of the truth of all the matters which it recites, and of the regularity of all proceedings prior to the execution of the deed. 10424. As fast as collected the tax collector shall pay the funds collected by him pursuant to this division, either upon voluntary payment or as the result of sales, to the treasurer of the city. The city treasurer shall place the funds so received in a special fund designated by the name of the improvement proceeding. Payment shall be made out of the special fund so established only for the purposes provided for in this division. 10424.2. (a) If the Orange County Board of Supervisors determines, subsequent to the issuance of bonds, that the acquisition or construction of all or any part of the proposed improvement will be delayed beyond the date upon which, at the time the bonds were issued, the acquisition or construction was expected to occur, the balance then on deposit in the improvement fund, or the portion specified by the board, may, at the direction of the board, be applied to call outstanding bonds called for redemption. The call and redemption of bonds pursuant to this section shall not cause the amount of any assessment to be reduced. The board shall cause any annual assessment installments occurring after any redemption under this section to be reduced to the maximum extent permitted by law. (b) The board may, from time to time, issue bonds in an aggregate principal amount not in excess of the principal amount of bonds called for redemption pursuant to subdivision (a). The net proceeds derived from the sale of the bonds shall be deposited in the improvement fund. 10425. If the first assessment or the sale of bonds to represent assessments levied pursuant to this division fails to raise sufficient money to pay all costs, damages, and expenses of the improvement or acquisition, including any judgments rendered in the action and proceedings mentioned in this division and the costs and expenses thereof, the legislative body may pay the deficit out of the general fund, or may order a supplemental assessment to pay the deficit. 10426. The supplemental assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment. Subsequent supplemental assessments may be made, if necessary, to pay for the improvement. At the hearing the legislative body may confirm, modify, or correct the supplemental assessment. The decision of the legislative body thereon is final. 10427. After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment and any supplemental Page 6 of 9 57 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-1050$) • assessment levied for the improvement. The surplus shall be used, in amounts determined by the legislative body, for one or more of the following purposes: (a) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended from the improvement fund. (b) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1. (c) For the maintenance of the improvement. (d) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the legislative body determines to use all or some portion of the surplus to call bonds prior to maturity, the treasurer shall do each of the following: (1) Cause the special reserve fund, if any, to be reduced as necessary pursuant to Section 8887 to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1. (3) Cause the preparation of new auditor's records to reflect the adjusted principal amount of the remaining assessment. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessment as reflected in the revised auditor's record. 10427.1. (a) If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment or, as an alternative, any portion of the surplus may be used to call outstanding bonds. If any supplemental assessment has been levied, any portion of the surplus shall be applied as a credit to the assessment or supplemental assessment, or both, or, as an alternative, may be used to call outstanding bonds, as the legislative body may determine. Any credit upon the assessment or any supplemental assessment shall be made in the proportion which each individual assessment, or installment of principal thereof, bears to the total of all individual assessments in th4 assessment or supplemental assessments upon which the surplus is to be credited. Any bonds called pursuant to this section shall be selected in accordance with Section 8768. (b) Where an individual assessment, or any installment of the principal thereof, has been paid in cash after January 1, 1991, the credit shall be returned in cash to the person or persons owning the property for which the assessment or installment has been paid upon their furnishing satisfactory evidence of payment. (c) Where all or any part of an individual assessment remains unpaid, if the individual assessment is not payable in installments, the credit shall be applied in its entirety upon the individual assessment. (d) Where all or any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid upon it after the two-year period specified in this subdivision. When any of the surplus is to be applied as a credit upon the assessment, payable in installments, no credit may be paid or credited as provided in this section until after a period of Page 7 of 9 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-10508)• Page 8 of 9 • two years from the date of receipt of proceeds of the sale of bonds by the legal entity conducting the proceedings. (e) There shall be transferred to the general fund of the city (1) any portion of the surplus which has not been paid to or claimed by the persons entitled thereto within four years from the date of recordation of the assessment and any supplemental assessment or, if bonds have been issued, within four years after the due date of the last installment upon the bonds or of the last principal coupon attached thereto, and (2) any interest earned from the investment of any moneys constituting all or any part of the surplus when the surplus attributable to an individual remaining assessment is fifty dollars ($50) or less. If the surplus attributable to an individual remaining assessment is greater than fifty dollars ($50), any interest earned thereon, less administrative cost of investing and crediting, shall be applied as a credit to the assessment. 10427.2. If, pursuant to Section 10427, the legislative body determines that any surplus remaining in the improvement fund shall be used as a credit upon the assessment or any supplemental assessment, the legislative body may also determine that such surplus shall be applied as a credit to the city or any local, state or national agency or authority which shall have made a contribution towards the costs and expenses of the improvement. A credit on account of any contribution shall be•made in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions. All such credits shall be returned in cash to the city, local, state or national agency or authority making such contribution. The surplus remaining in the improvement fund after making credits on account of contributions shall then be applied as a credit in the manner provided in Section 10427.1. 10427.5. If any work to be performed under this division is deleted from a specific lot fronting on the improvement, the surplus in the improvement fund resulting from the deletion of such work may be returned to the owner of that lot, in the manner provided in Section 10427.1. 10428. From the date of the recordation pursuant to Sections 3114 and 3115, each special assessment levied under this division is a lien upon the land upon which it is levied: This lien is paramount to all other liens, except prior assessments and taxation. Unless sooner discharged, the lien continues for a period of 10 years from the date of the recordation or, if bonds are issued to represent the assessment, until the expiration of four years after the due date of the last installment on the bonds or of the last principal coupon attached thereto. All persons have constructive notice of this lien from the date of the recordation. 10429. The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the same property, but it shall have -59- http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10400-10550 • priority over all fixed special assessment liens which may thereafter be created against the property. 10430. The lien of a reassessment and a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is a new assessment. 10506. At any time after the preliminary approval of the report provided for in Section 10300, by resolution adopted by a vote of two-thirds of all its members and without calling for bids, the legislative body may order that the municipality itself execute any or all of the improvement in accordance with the specifications and plans adopted for the work. 10507. The legislative body, on ordering the municipality itself to execute the improvement, may authorize the municipality to employ the labor, and provide the material, appliances, supplies, and illuminating agent necessary to carry out the work. 10508. The cost and expenses of work executed by the municipality itself shall be paid out of the improvement fund, but the amount appropriated and used from the fund for this purpose shall not exceed the amount of the bid upon which the award of the contract was made, or if no bids are received or the work is ordered without asking for bids, the cost and expenses shall not exceed the amount of the estimate provided for in subdivision (c) of Section 10204. If the cost and expenses do exceed the amount of the bid, or of the estimate in case no bids are received or the work is ordered without asking for bids, the excess shall be paid from the general fund in the treasury. Page 9 of 9 (00— http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=104... 6/3/2004 CA Codes (shc:10550-10555) • • STREETS AND HIGHWAYS CODE SECTION 10550-10555 10550. (a) If a municipality has entered into a contract with the state that includes a loan funded by the state for the purpose of financing the construction and installation of water or sewer system improvements in or along its streets that are of special benefit to land within the municipality, the municipality may conduct proceedings under this division for the formation of an assessment district for the purpose of levying an assessment to secure repayment of the loan. (b) Except as otherwise provided in this chapter, the proceeding for the formation of the assessment district and the levy of the assessment shall be conducted in accordance with this division, with appropriate modifications to all resolutions and notices. 10555. The legislative body shall provide in the resolutions required under Sections 10200 and 10312 that the assessment will be collected in annual installments. Page 1 of 1 -cI http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=105... 6/3/2004 CA Codes (shc:10600-106 0 STREETS AND HIGHWAYS CODE SECTION 10600-10610 • 10600. The legislative body conducting the proceedings under the provisions of this division may, in its resolution of intention, determine and declare that bonds shall be issued under the provisions of either the Improvement Act of 1911 or the Improvement Bond Act of 1915. In any case, the assessment shall be recorded in the office of the superintendent of streets of the city, county surveyor of the county, or district engineer of the district or public corporation conducting the proceedings in the manner and with like force and effect as provided in the Improvement Act of 1911 and the Improvement Bond Act of 1915, and the assessment therefor shall have the priority, and the proceedings shall be subject to all of the curative clauses and powers of reassessment, provided in those acts. In any case, the official in whose office the original of the assessment is recorded shall give the notice to pay the assessments, as provided in this division. 10600.1. If provision is made for the issuance of bonds under the Improvement Act of 1911 (Division 7 (commencing with Section 7000)), all assessments under one hundred fifty dollars ($150) which are not paid within 30 days after recordation of the assessment are delinquent and shall bear interest at the rate of 1 percent per month, the interest to be computed from the date of the bonds. The legislative body may order the collection of any such delinquent assessments pursuant to either Chapter 18 (commencing with Section 5410) or Chapter 18.1 (commencing with Section 5450) of Part 3 of Division 7. All references in those chapters to the contractor, his assignee, his assigns, or his agent shall be deemed to refer to the city. References in Section 5451 to interest from the "date of filing the original assessment" shall be deemed to refer to the "date of the bonds." 10600.2. The legislative body conducting the proceedings for the issuance of improvement bonds under this division may require that any bidder submitting a proposal for the purchase of such improvement bonds deposit contemporaneously therewith cash, a certified check, or a cashier's check, in an amount to be determined by the legislative body, guaranteeing the purchase of such improvement bonds by such bidder in the event that he is awarded the purchase of such improvement bonds by the legislative body. 10600.5. When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, said bonds may be dated at any time after the expiration of the cash payment period. 10601. An action to determine the validity of the assessment, Page 1 of4 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=106... 6/3/2004 • CA Codes (shc:10600-1061 • bonds, contract, improvement or acquisition may be brought by the legislative body or by the contractor pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose an improvement or acquisition shall be deemed to be in existence upon its authorization and an assessment upon its confirmation. Notwithstanding any other provisions of law, the action authorized by this section shall not be brought by any person other than the legislative body or the contractor, nor except when permitted by Section 10400 shall the action be brought after the date fixed for the beginning of work. 10602. The bonds may be issued and sold as the legislative body directs. The proceeds of the bonds shall be deposited in the fund specified in Section 10424. The notice in the resolution of intention shall recite a maximum rate of interest to be paid on the indebtedness, not to exceed 8 percent a year payable semiannually, which rate shall not be exceeded in the issuance of the bonds. All bonds shall be made payable to bearer. 10602.5. When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, and when the assessment has been duly confirmed pursuant to Section 10312, and when the assessment contains an assessment on public property which is subject to assessment pursuant to Section 10206 including, notwithstanding any other provisions of law, public property owned by the city, county or other entity conducting the proceeding, the legislative body may sell such assessment in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424. The buyer of such an assessment shall, upon paying the purchase price, become the owner of the assessment and shall be entitled to exercise all the rights that an owner of an assessment has under Section 5302.5. If bonds or certificates are to be issued to represent any assessment or assessments against public property, the legislative body of the entity conducting the proceedings may sell such bonds or certificates in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424. The buyer of such bonds and of each individual bond shall become an owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a bondholder as provided in Section 5302.6 and Chapter 4.5 (commencing with Section 6468) of Part 5 of Division 7. The buyer of each certificate shall become the owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a certificate holder as provided in Section 6467. 10603. when the resolution of intention provides for the issuance of bonds, the superintendent of streets of a city, surveyor of a county, or district engineer of a public corporation, conducting the proceedings shall give the notice of recording the assessment, and collect and receive the assessments. The legislative body of the -(03- Page 2 of 4 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=106... 6/3/2004 CA Codes (shc:10600-1061 • Page 3 of 4 public entity conducting the proceedings may, by resolution, designate the treasurer, tax collector, or other officer of the entity to collect and receive the money. If the entity is a public corporation it may designate the treasurer or tax collector of the county in which it is situated to collect and receive the money. The person so designated shall execute any certificates relating to the amount of assessments paid or remaining unpaid which are required to be executed by the superintendent of streets by the law pursuant to which bonds are to be issued, including, but not limited to, Sections 6420 and 8620. 10603.1. In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting and receiving the money, including but not limited to, printing, servicing, or collecting any bonds, neither the treasurer nor the tax collector so designated shall perform any such service until there shall have been paid to him his estimate of the cost of the service or services, provided, however, the city conducting the proceedings, in lieu of the prior payment of the estimated cost, may enter into a written agreement with the county treasurer or tax collector. Such agreement shall provide for the payment of the cost or estimated cost of any service rendered by the designated county officer. In the event such cost of estimated cost is not included in the assessment, the city conducting the proceedings shall be liable for payment thereof from the general fund. 10604. The person who is to collect and receive the assessments before the issuance of bonds may be bonded in favor of the entity conducting the proceedings in an amount to be fixed and such bond approved by the legislative body of the entity. When he is a bonded official his services in receiving the money are a duty imposed upon him by law within the purview of his bond. In the case of a county official collecting for a public corporation, the county shall collect any money due on the bond as agent for the public corporation. If the legislative body designating the bonded person finds that his official bond is inadequate it may provide that he shall be separately bonded. The premium of such bond shall be an incidental expense of the proceeding. 10605. The person collecting the assessments shall deposit the amounts received in the construction fund of the entity conducting the proceedings, not less than once each week, or at such other more frequent intervals as the legislative body of the entity determines. 10606. The legislative body may, in its resolution of intention, determine and declare that bonds will be issued and paid, and the assessments therefor levied, collected, and augmented in accordance with the applicable provisions of Sections 14, 15, 16, 17, 20, 21, 22, 24, 25, 26, 27, and 28 of the Refunding Assessment Bond Act of 1935, in which case the applicable provisions of that act are incorporated in this division as if fully set out herein. If the http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=106... 6/3/2004 ' CA Codes (shc:10600-1066 • Page 4 of 4 bonds are issued pursuant to that act, appropriate changes shall be made in the form of the bonds to show that they are for a public improvement or acquisition under this division. 10607. The list of unpaid assessments shall be filed, the bonds ordered issued, interest shall accrue from the date, and assessments thereafter paid before maturity, bonds called, premium paid, and illegal assessments and bonds reassessed, all as provided in the Improvement Bond Act of 1915. 10608. The bond shall be entitled "Improvement Bond." The provisions for payment of the bond before maturity, as contained in the bond form in the Improvement Bond Act of 1915, shall be inserted in the place of the similar provision in the bond form of the Refunding Assessment Bond Act of 1935. There shall also be inserted in the bond form after the title of the refunding act the words "as modified in the Municipal Improvement Act of 1913." 10609. In all cases where bonds are to be issued under any of the bond acts referred to in this chapter the proceedings shall be subject to all of the curative clauses, limitation of actions, and powers of reassessment provided in all of those acts, and the publication of the notice of improvement shall be deemed to be the publication of the resolution of intention. 10610. Bonds issued pursuant to this chapter shall be conclusive evidence of the regularity of all proceedings under this division leading up to such issuance. LT"' httn://www.leeinfo.ca. eov/cei-bin/displaycode?section=shc&group=10001-11000&file=106... 6/3/2004 ' CA Codes (shc:10700-107Q{' STREETS AND HIGHWAYS CODE SECTION 10700-10706 10700. Notwithstanding any other law, the legislative body may determine, by resolution, to allow landowners to defer payment of their assessments pursuant to this chapter. This chapter may be used only if 80 percent or more of the area of the assessment district is developed for residential, commercial, or industrial use. 10701. The legislative body may determine criteria that property owners must meet to qualify for deferral, and may determine procedures to ensure that the criteria are satisfied. 10702. No deferral arrangement may restrict, reduce, or eliminate any remedy of a bondholder provided by this division in the event of a default. 10703. Deferral may be provided through a year-to-year agreement between the city and an eligible property owner, which provides that the city will make assessment payments on behalf of the property owner for that year. No agreement shall commit the city to make deferral payments beyond one year. No agreement of this type shall be construed as a debt of the city. 10704. Alternatively, the city may create a deferral fund for the assessment district, and deposit into the deferral fund an amount sufficient to pay the asessments being deferred for a specified period of time. Funds in the deferral fund may be invested as other city funds are invested, or in more restricted ways as determined by the legislative body. Any investment of the funds in the deferral fund shall comply with federal arbitrage rules. 10705. A city may increase the principal amount of bonds issued under this division by an amount sufficient to fund a program pursuant to this chapter. The proceeds of bonds issued for this purpose shall be placed in the deferral fund created pursuant to Section 10704, and may be used for no other purpose than financing deferrals. The proceeds may be invested in interest-bearing securities of the federal government with maturities occurring on or before the maturity of the bonds issued pursuant to this section. Any investment of those bond proceeds shall comply with federal arbitrage rules (26 U.S.C. Sec. 103 and the rules adopted pursuant thereto). Page 1 of 2 httn://www.leeinfo.ca.eov/cei-bin/displaycode?section=shc&group=10001-11000&file=107... 6/3/2004 • CA Codes (shc:10700-10706 • 10706. The amount of any deferred assessments, including interest at a rate determined by the legislative body, shall be due and payable whenever the parcel of property upon which the assessment was levied is transferred, or at the time of last maturity of the bonds issued for the improvement pursuant to this division, or at other times as determined by the legislative body. Page 2 of 2 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=107... 6/3/2004 INCREASE OF ENCROACHMENT FEES PLAZA BUSINESSES FROM $1/PER SQ FT TO $2 BUSINESS NAME AMOUNT PAID AMOUNT PAID DIFFERENCE AMOUNT PAID AMOUNT PAID DIFFERENCE SQ. FOOTAGE PER QUARTER PER QUARTER PER QUARTER PER YEAR PER YEAR PER YEAR $1/sq. ft © $2/sq. ft ( $1/sq. ft © $2/sq. ft as of 7/1/2000 BUSINESSES ON PLAZA ALOHA SHARKEEZ CANTINA REAL CAFE BONAPARTE DRAGON RESTAURANT FAT FACE FENNER'S HENNESSEY'S TAVERN HERMOSA FISH MARKET IL BOCCACCIO LORETO PLAZA 390 1,170.00 312 936.00 169 507.00 316 948.00 200 600.00 975 2,925.00 403 1,209.00 247 741.00 292.2 876.60 MEDITERRANEO 390 1,170.00 PARADISE SUSHI 250 750.00 C' PATRICK MOLLOY'S 429 1,287.00 SANGRIA 780 2,340.00 THE LIGHTHOUSE 390 1,170.00 1 ZEPPY'S PIZZERIA 273 819.00 17,448.60 BUSINESSES NOT ON PLAZA 2,340 1,872 1,014 1,896 1,200 5,850 2,418 1,482 1,753 2,340 1,500 2,574 4,680 2,340 1,638 1,170.00 4,680 9,360 4,680.00 936.00 3,744 7,488 3,744.00 507.00 2,028 4,056 2,028.00 948.00 3,792 7,584 3,792.00 • 600.00 2,400 4,800 2,400.00 2,925.00 11,700 23,400 11,700.00 1,209.00 4,836 9,672 4,836.00 741.00 2,964 5,928 2,964.00 876.60 3,506 7,013 3,506.40 1,170.00 4,680 9,360 4,680.00 750.00 3,000 6,000 3,000.00 1,287.00 5,148 10,296 5,148.00 2,340.00 9,360 18,720 9,360.00 1,170.00 4,680 9,360 4,680.00 819.00 3,276 6,552 3,276.00 34,897 17,448.60 69,794 139,589 69,794.40 BARNACLES BAR & GRILL 200 600.00 2 BOTTLE INN 427.5 1,282.50 CLASSIC BURGER CAFE 315 945.00 COFFEE BEAN & TEA LEAF 192.5 577.50 GOOD STUFF 480 1,440.00 MARTHA'S 22 ND. ST. GRILL 913.5 2,740.50 THE BEACH HOUSE 600 1,800.00 9,385.50 GRAND TOTAL 1,200 600.00 2,400 4,800 2,400.00 2,565 1,282.50 5,130 10,260 5,130.00 1,890 945.00 3,780 7,560 3,780.00 1,155 577.50 2,310 4,620 2,310.00 2,880 1,440.00 5,760 11,520 5,760.00 5,481 2,740.50 10,962 21,924 - 10,962.00 3,600 1,800.00 7,200 14,400 7,200.00 18,771.00 9,385.50 Effective Feb 2004 the rate is $2/Sq. FL 2 Encroachment rate varies - Oct -Mar = 285 sq. ft. Apr -Sep = 570 sq. ft (average sq. footage is 427.50) • To open in May 2004 37,542.00 75,084.00 37,542.00 107,336.40 INCREASE OF ENCROACHMENT FEES PLAZA BUSINESSES FROM $1IPER SQ FT TO $2 EXCEPT PLAZA BUSINESSES OPEN PAST MIDNIGHT $4/PER SQ FT BUSINESS NAME SQ. FOOTAGE AMOUNT PAID PER QUARTER $1/sq. ft as of 7/12000 AMOUNT PAID DIFFERENCE PER QUARTER PER QUARTER ® $4/sq. ft AMOUNT PAID PER YEAR $1/sq. ft AMOUNT PAID DIFFERENCE PER YEAR PER YEAR $4/sq. ft BUSINESSES ON PLAZA OPEN AFTER 12:00 MIDNIGHT ALOHA SHARKEEZ CANTINA REAL CAFE BONAPARTE DRAGON RESTAURANT FAT FACE FENNER'S HENNESSEYS TAVERN PARADISE SUSHI PATRICK MOLLOY'S SANGRIA THE LIGHTHOUSE ZEPPY'S PIZZERIA NOT OPEN AFTER 12:00 MIDNIGHT HERMOSA FISH MARKET IL BOCCACCIO LORETO PLAZA MEDITERRANEO TOTAL ON PLAZA BUSINESSES NOT ON PLAZA BARNACLES BAR & GRILL 2 BOTTLE INN CLASSIC BURGER CAFE COFFEE BEAN & TEA LEAF GOOD STUFF MARTHA'S 22 NO. ST. GRILL THE BEACH HOUSE GRAND TOTAL 390 312 169 316 200 975 250 429 780 390 273 1,170.00 936.00 507.00 948.00 600.00 2,925.00 750.00 1,287.00 2,340.00 1,170.00 819.00 13 452.00 4,680 3,744 2,028 3,792 2,400 11,700 3,000 5,148 9,360 4.680 3,276 53.808 3,510.00 2,808.00 1,521.00 2,844.00 1,800.00 8,775.00 2,250.00 3,861.00 7,020.00 3,510.00 2,457.00 40 356.00 4.680 3,744 2.028 3,792 2.400 11,700 3,000 5,148 9,360 4,680 3,276 53,808 18,720 14,976 8,112 15,168 9.600 46,800 12,000 20,592 37,440 18,720 13,104 215,232 14,040.00 11,232.00 6,084.00 11,376.00 7,200.00 35,100.00 9,000.00 15,444.00 28,080.00 14,040.00 9,828.00 161,424.00 AMOUNT PAID AMOUNT PAID DIFFERENCE SQ. FOOTAGE PER QUARTER PER QUARTER PER QUARTER $1/sq. ft a $2/sq. ft as of 7/1/2000 AMOUNT PAID PER YEAR ® $1/sq. ft AMOUNT PAID DIFFERENCE PER YEAR PER YEAR $2/sq. ft 403 247 292.2 390 1,209.00 741.00 876.60 1 170.00 3,996.60 2,418 1,482 1,753 2,340 7 993 1209.00 741.00 876.60 1 170.00 3,996.60 4,836 2,964 3,506 4,680 15,986 9,672 5,928 7,013 9,360 31,973 4,836.00 2,964.00 3,506.40 4,680.00 15,986.40 177,410.40 SQ. FOOTAGE AMOUNT PAID PER QUARTER ® $1/sq. ft as of 7/1/2000 AMOUNT PAID DIFFERENCE PER QUARTER PER QUARTER ® $2/sq. ft AMOUNT PAID PER YEAR a $1/sq. ft AMOUNT PAID DIFFERENCE PER YEAR PER YEAR a $2/sq. ft 200 427.5 315 192.5 480 913.5 600 600.00 1,282.50 945.00 577.50 1,440.00 2,740.50 11 800.00 9,385.50 1,200 2,565 1,890 1,155 2,880 5,481 3,600 18 771.00 I Effective Feb 2004 the rate Is $2/Sq. Ft. 2 Encroachment rate varies - Oct -Mar = 285 sq. ft. Apr -Sep = 570 sq. ft (average sq. footage Is 427.50) • To open In May 2004 600.00 1,282.50 945.00 577.50 1,440.00 2,740.50 1,800.00 9.385.50 2,400 4,800 2,400.00 5,130 10,260 5,130.00 3,780 7,560 3,780.00 2,310 4,620 2210.00 5,760 11,520 5,760.00 10,962 21,924 10,962.00 7,200 14,400 7,200.00 37,542.00 75,084.00 37 542.00 214,952.40 4 S a x'06/07/2004 15:52 3103761287 LISSNERTBDT: FACSIMILE COVER SHEET AND MESSAGE Total number of pages including this cover sheet 3 Date: MON 6-7-04 Time 10:45 a.m. To: City Council, City of Hermosa Beach Fax: (310) 372-6186 Voice: (310) 318-0216 From: James Lissner, Hermosa Beach, CA 90254 Fax: (310) 376-2287 Voice: (310) 376-4626 Venue: COUNCIL "SECOND BUDGET" MEETING, JUNE 7 Subject: CITIZEN'S BUDGET MESSAGE Councilmembers: PAGE 01 There is at least $1,400,000 in expenditure adjustments and new revenue available to the City, with at least $1,300,000 of that being repeatable every year. These adjustments will allow you to forego raising the sewer fees, to roll back the lighting district assessment increase, and to maintain nearly all staff positions at city hall. Expenditure Adiustments. Past Spending Mistakes. In the past the City has wasted money on such things as lap -top computers for the council members ($20,000), prison -style stainless steel benches on the Plaza ($24,000), improper inspection/planning of the repairs to the pier ($780,000 overrun), and "musical chairs" involving tennis courts and the skateboard park, which made the project cost $550,000 more than leaving the courts where they were and building the park elsewhere. We spent $300,000+, $165,000 of which was wasted, when we prematurely sidelined a perfectly good fire engine. We wasted $230,000 replacing the traffic signals on Hermosa Avenue at 13th and 14th Streets, locations where the old signals worked just fine. (Had those old signals become unserviceable, they should have been replaced by stop signs, or simple blinking red lights - as is working very well at Hermosa and 2nd.) We wasted $50,000 on an airplane tracking system. The City Hall remodel of Winter 2001-2 began life with a (approx.) $700,000 budget; the final price swelled to over $2 million. Continuing Spending Mistakes. The council needs to take control of a downtown club scene that brings city hall little revenue but continues to cost the city huge sums of money for legal bills, judgments, police time spent investigating and attending trial, as well as for disabling injuries to police officers. I estimate that the subsidy flowing from the rest of the town's pockets into the downtown is $2.6 million or more. I calculated it as follows: The city's budgeted expenses' for the fiscal year include $7.5 million for the police (a 12.6% increase from the previous year), $4.1 million for the fire department (a 10% increase) and $3.2 million to be spent on street repair (part of a $16 million 5 -year plan). Those three expenses total $14.8 million. The city has never disclosed what portion of the police, fire and road repair spending is necessary because of the downtown scene, but a conservative estimate would put it at 30% (54.4 million), or more. In addition, Downtown Enhancement Fund spending is projected to exceed, by $0.2 million, the Fund's sole source of revenue, fees from parking Lots on city -owned land in the downtown. SUPPLEMENTAL INFORMATION 06/07/2004 15:52 310376287 LISSNER*TBDTo PAGE 02 On the revenue'' side, sales tax income to city hall from the entire town is projected at $2.1 million. Hotel tax is projected to be $1.2 million. Business license tax is projected to be $0.7 million. Utility User's tax is projected to be $2.4 million. Property tax is projected to be $5.9 million. Parking meters (and parking tickets) are projected to bring in a net profit (after operating expenses) of $1.2 million. These citywide revenues total $13.5 million. My estimate of the downtown's contribution to these revenues? About $2 million. ('The figures come from the Preliminary Budget book for FY 2004-2005, pages 34 and 35.) You can make your own estimates of the subsidy, of course, and I hope you will. The WIFI. It's neat in concept, but I have to agree with Councilmember Tucker, that it is a business that the city should stay out of. It's not too late to cancel it. The money ($110,000+) would be better invested in something that would bring increased revenues to the city - such as the PCH sales tax stimulation discussed below. Car Allowance. Hermosa is only 1.3 square miles. The automatic $350 per month car allowance given cottncilmembers and department heads should be reduced, or changed to reimbursement for actual miles driven, saving $25,000. Assistant Fire Chief. The position of assistant fire chief should be eliminated, saving $200,000. The current salary is claimed to be confidential, but the personnel department has indicated that the salary would be as high as $105,024 ($8752 per month), plus 40% PERS retirement). Our previous fire chief had sufficient spare time to be made coordinator of the City Hall remodel. Our current full-time chief no longer carries that responsibility. In addition to him, fire department management includes three fire captains, who last year made as much as $152,524. The duties of the assistant chief should be spread among the chief and the fire captains. If for some reason the money must be spent, it should be used to add entry level firefighters (or policemen), not to add another layer to management. Only 27 of 88 cities in the county have their own fire departments. We may also want to again consider our options. Eliminating Departments. Only 34 of 88 cities in the county have their own jail. Only 12 have their own animal control. (Figures from the Redondo Beach city manager's May 4 Budget Message, page 4.) New Revenue Sources. Bed Tax. Hermosa's Transient Occupancy Tax (TOT) rate is presently 10%. Many cities charge 14%, such as Inglewood, Los Angeles, and San Francisco. The City keeps 100% of the bed tax. Increasing Hermosa's rate to 14% would bring in $480,000 every year. Sales Tax. The City can, through inexpensive measures such as thorough street and sidewalk cleaning, the abatement of weeds and excess signage, the siting of small-scale special events there, as well as simply talking about those areas, stimulate business in areas of town that have been neglected and whose sales tax receipts have not increased in step with the economy. A 10% increase in business on PCH, Aviation, and upper Pier Avenue (Valley to Monterey) would bring in another $140,000 of sales tax annually. The "inexpensive measures" I mention above could be funded with the money saved by not installing the WIFI. 06/07/2004 15:52 3103762287 •• LISSNER*TBDTP PAGE 03 Event Security. The City's hourly charge to provide City police to special events ranges from only 1/3 to 213 of the actual hourly cost to the City. Adjusting the rates charged to big event promoters up to actual cost level would bring in $50,000. Grants for Police. The City has missed this year's deadline to apply to the ABC for a GAP (formerly GALE) grant program for under -age liquor enforcement. In the past, our neighboring 3 cities have shared a $100,000 grant. If Hermosa participated in the GAP program it could get $40,000 or more. There is a $20,000 ABC grant for which application period is still open. Other grants for alcohol-related enforcement are available from the Office of Traffic Safety. Sidewalk Dining Rent. The City presently charges $1 per square foot. In many locations the space is worth $4 per square foot. Get $210,000. Permit Fee for High Risk Businesses. The City continues to provide an extraordinary level of police presence in the downtown, in effect pumping residential taxpayers' money into the pockets of nightclub owners who have doggedly refused to pay for legitimate security upgrades. Yet our business license tax revenue as a percentage of the General Fund is one of the lowest in the South Bay. Business License Tax Revenue - Percentage of General Fund El Segundo 19.0 Hawthorne 9.9 Gardena 6.2 Torrance 5.3 Manhattan 5.3 Hermosa 4.2 Lawndale 4.2 Redondo 2.5 (Figures from the Redondo Beach city manager's May 4 Budget Message, page 22.) Five years ago the businesses downtown said they were going to form a Business Improvement District and assess themselves in order to pick up some of the costs. They haven't. We should now enact a new sales permit fee on liquor and other high-risk businesses, as the City of Santa Cruz has done. Get $400,000 or more. Totals. The total of expenditure adjustments and revenue sources above is at least $1.4 million, $1.3 million of which is repeatable annually. There are numerous other possible expenditure/revenue adjustments available to the City. Please do not increase sewer, lighting and other fees on the residential sector. Sincerely • • Steve Page 1 of 2 From: Jaduclos@aol.com Sent: Sunday, June 06, 2004 4:44 PM To: Steve Subject: For Monday's Budget Meeting TO: Steve Burrell FROM: Jeff Duclos SUBJECT: ADDITIONAL BUDGETARY EXPENDITURE TO MAKE PARKS & OPEN SPACE PESTICIDE FREE I urge City Staff and City Council members to support the recommendation of the Parks, Recreation and Community Resources Commission to allocate additional funds to its landscaping contract to ensure that all parks, trails and open space in the City of Hermosa Beach are pesticide free. In 1999, I had the privilege of working with a group of concerned citizens, City staff and City Council members, in the establishment of the current "Pesticide Free Zone" along the City's Greenbelt. At the time this was implemented by the City Council, the area was designed as a test zone that would be used for evaluation in establishing a citywide Integrated Pest Management program. In a June 2, 1999 memorandum from Mike Flaherty to then -Director of Public Works Harold Williams on the "Use of Herbicides," it was stated that the City and its contractor "...will continue to explore alternative methods..." and that `natural products' are being looked at as alternatives to pesticides." While only slight progress has been registered in meeting that goal during the last five years, by any measure, the City's "Pesticide Free Zone" has been a resounding success and has been embraced by the community. Without solicitation or encouragement, several residents pull weeds and trim bushes along the Greenbelt on a regular basis. It is important to reflect on what this non -solicited citizen support represents. The adoption of a citywide program of an organic, Integrated Pest Management program will foster enhanced community support and participation in maintaining our parks and open space. It has consistently happened in other cities. Horticultural programs at local colleges might begin to provide student volunteers to work on such a model program, one that practices what their programs teach. This too, is a dynamic that has already occurred in other communities. In addition, by making this expenditure, the City not only will be enhancing public service, it will be acting consistent with environmental stewardship objectives already expressed by the City in its storm drain education, household toxic cleanup, and other City sponsored and endorsed environmental programs. You will also provide a powerful marketing platform for the City that, as well as having the best beach in the world, will offer residents and visitors natural and open space areas that are chemical free at all times. Santa Barbara's Isla Vista Recreation and Parks District, comprising 75 acres of land and 22 parks 6/7/2004 SUPPLEMENTAL tatrnDIAlinm • • Page 2 of 2 spread across the entire Isla Vista community, has been managed organically since 1972. Since 1989, the City of Davis has implemented its Integrated Pest Management Program in more than 250 acres of open space area. From Santa Monica to Santa Clara to San Francisco, cities around the state have begun to adhere to a guiding principle in the use of toxic chemical controls: They should never be sprayed where human or animal contact is likely. This is especially true for children. Children are extremely vulnerable to pesticide related health risks because they have immature immune systems that are not capable of processing toxins effectively. On the subject of pesticide exposure, the EPA recently stated, "Medical problems caused by pesticide exposure are often overlooked or misdiagnosed by health care providers." It is the stumbling block that continues to make it difficult to regulate the use of these chemicals in our public areas. Another issue that is only now being addressed is the drift of spray caused by commercial pesticide applications. The drift of this spray can expose people, wildlife, and the environment to pesticide residues that can cause health and environmental effects and property damage and potential liability for the City. Like a lot of our citizens, I would be happy to see our City pay a little more to eliminate chemical spraying in our recreational areas. If residents were polled on their opinion regarding such expenditure, the answer would be a resounding "yes." You cannot look to your Public Works staff for direction regarding this issue. Their focus is the killing of weeds. They are not trained to see the bigger picture. Your decisions must be based on a different standard. What is in the long term interest of the community? What is the right thing to do? Thank you for your time and consideration. Few will have the greatness to bend history itself; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation. — Robert F. Kennedy (June 6, 1966) Jeff Duclos vonjessenduclos inc. (310) 374-0465 - 0 (310) 374-0495 - F 6/7/2004 City Single Family Monthly Rate .Other Services Street Sweeping Carson $12.00 $14.75 Billed w/property taxes. Senior Citizens pay $72.00 per year. Green Waste and Recycling are separate bins and are Included in fees. (3 Cart System) no charge to residents Billed on Tax Bill - left message for steve Hawthorne Hermosa Beach $10.03 (includes 0.25 for AB939) Includes residential recycling but not residential green waste Manual Pick Up. No Green Waste or Recycling Services Not Automated, Offered regular trash, recycling, and green waste bins by Cal Met. not charged no charge to residents (uses AQMD funding + Gas Tax money) Lakewood $27.96 Lomita 13.00 per month/possible rate Increase 6/1/04 to 13.50 Manhattan Beach $12.44 Palos Verdes Estates $24.00 Directly to Norcal on a quarterly basis includes green and recycling containters...Norcal picks up from back yard. Cart system for green and recycling. Resident provides trash container has to have an enclosure. No charge for street sweeping from gas tax money Rancho Palos Verdes as of 7/1/2004 $19.77 per month recycling, green waste, regular trash 2X for trash, 1X for recycling, manual for trash no charge to residents Redondo Beach $11.05 Semi Automated Recycling $0.48 per month. Rolled into Administrative fee. (Billed on Tax Bill.) Also moved revenue from street sweeping parking tickets from general fund to Solid Waste fund to pay for Street Sweeping. Santa Monica 24.50 ($49.00 every two months for 65 Gal Bin. $61.00 every two months for 95 Gal Bin.) No Charge for Recycling and Green Waste. Second Container provided Included in Trash Service for Residents (Commercial is Charged) Torrance $18.20 No Green Waste but has Recycling Part of Trash Bill • • •• • ••- CAPITAL IMPROVEMENT PROJECTS 2004-05 • STREET AND SAFETY IMPROVEMENTS — 2nd Street Resurfacing - Slurry/Crack Sealing at Various Locations - Concrete Road Reconstruction at Various Locations - Speed Humps - 20th Street, Valley Drive to Power Street - Pier Avenue, Hermosa Avenue to PCH - lith Place On -Street Parking CAPITAL IMPROVEMENT PROJECTS 2004-05 cont'd • STORM DRAIN IMPROVEMENTS - Sewer Improvements, Upgrade of Pump Stations • PARK IMPROVEMENTS = Park Improvements • Re -sodding lawn, Lawn Bowling Club • Resurface hard court, Edith Rodaway Park • Replace play equipment, Fort Lots of Fun CAPITAL IMPROVEMENT PROJECTS 2004-05 cont'd • PUBLIC BUILDINGS & GROUNDS IMPROVEMENTS - Fire Station Upgrade - Public Works Yard Renovation - Community Center Theatre - Municipal Pier, Phase III, Architectural Upgrades - Exterior Painting/ City Buildings SOF CAPITAL MENT FUND (Transfer of Unused Funds from General Fund) 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 00,252 597,469 383,715 378,732 4,939 327,811 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 est est Total $3,359,825 OF CAPITAL IMPROVEMENT FUND EXPENDITURES 2,500,000 2,000,000 1,500,000 1,000,000 500,0(#13 2, 1, '4,0 0 ,225,308 788,724 098 • 202+ 1,998'-99 104:562 19.99`00 2000 0l ,377 2O0.% 2002,03 2003,0420 eyt04, est Total $5,989,603 GENERAL FUND REVENUE OVERVIEW • Secured Property Tax 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 v,0' C6 � pt A,y A� Cbrit ryo0 • Conservative increase of 7% • Governor's ERAF Reduction of $287,478 included in budget (Governor Revise $361,042) GENERAL FUND REVENUE OVERVIEW cont'd Sales Tax 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 ^Ci p.' poi N 4. 0„, • Decline of 18% due to loss of Volkswagen in 03-04, BMW in 04-05, includes new Savon GENERAL FUND REVENUE OVERVIEW cont'd • Utility Users Tax 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 9b �c� �b 9^ 9cb 9� pp o1 Oti o� 5�, St • Represents 14% of General Fund revenue, up 11% over 2002-03 GENERAL FUND REVENUE OVERVIEW cont'd • Transient Occupancy Tax 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Qb Ph ppb c AN A� ,e po A\ AN P?) 04" 4fr �gq��p�b��ph qqb'' q^Sep eelsenep'fe rep t • Represents 7% of General Fund revenue, up 14% over 2002-03 • Increased 118% since 1998-99 with 2 new hotels and expansion of a third GENERAL FUND REVENUE OVERVIEW cont'd • Recommended Fee Increases: Community Center Classes, 4% overall increase approved by Park/Rec Commission, $47,930 New Facility Rental Application Fee, $20, $ 6,300 New $10 Transaction Fee, Classes, Leagues, Tourneys, $80,320 Encroachment Fees, Pier Plaza, $1/sq.ft to $2/sq.ft, $69,794 Total $204,344 ®`'t`: ,.E_._ sN U E SOURCES VS. UBLIC SAFETY COSTS PolicelFire Costs Top 4 Revenue Sources Total $11.5m 7,480,320 Total $10.2m 5,238,833 (2,097},501 1;662;947 _+:200; 00 0 2,000,p00 4000,0p0 6,000'0p° p000 000 1000 , 2,000 ,p00 14, 000 P00 0 Secured Prop Tax El Sales Tax El UUT N TOT CONSIDERATION OF OTHER REVENUE INCREASES • Sewer Use Fee • Street Sweeping Charge • Ambulance Transport • Lighting/Landscape Levy • City-wide User Fee Study • Smart Parking Meters • Consider Metering Lot A - *very preliminary estimates $400,000 * 200,000 * 50,000 * 200,000 * 50,000 * upto$1m * 150,000 * GtN I KAL LVNt" ��`�� SOUTHWEST ZONE �111111,•',1� COST ESTIMATES t lot"TOTREX.84Y IOX COSTO $8.493,51Q$8.493,51Q TOTM. µ SL PROGRAM COSTS: Elm1]Y Legend REHABILITATION Grind E Overlay RIR —5'- • NORTHEAST ZONE LEGEND - Grid £ 06919Y — R&R — Skin COST ESTIMATES NORTHEAST ZONE REIMBRTAT1ON COST: $1.956.911 SYSAR RECURRING SLURRY PROGRAM: $49&299 • SOUTHEAST ZONE LEGEND Grind & Overlay - R b R — Slurry COST ESTIMATES SOUTHEAST ZONE RENABEITATION COST: $1.121.666 5 -YEAR RECURRING SLURRY PROGRAM: 3152.166 COST ESTIMATES ■ A de SOUTHWEST ZONE Legend — GSid S Owby - RSR - SWry COST ESTIMATE$ NORTrtAST ZONE REMABM1RAIION COST: 33,325.031 5 -YEAR RECURRING SLURRY PROGRAM: 5715,0.36 NORTHWEST ZONE LEGEND — Grind & OvaRa - R{R — Airy COST ESTIMATES NORTHEAST REHABILITATION COST'. 12,360,076 SYEAR RECURRWG SLURRY PROGRAM SISOt34T ■ GENERAL FUND Balanced Budget" — Revenue. — Transfers In $16,735,258 2,010,343 — Appropriations — Transfers Out — Appropriated.from.prior 18,059,501 700,000 (13,900) fund balance * $13,900 appropriated from prior fund,balance: $10,000 designated for Climbing Wall and $ 3,900 designated for Trash Containers $18,745,601 GENERAL.FUND REVENUE OVERVIEW ■ TheTop4 — Secured. Property Tax, $5.2m +7% — Sales Tax 2.1m -18% — UUT ! . 2.4m same — TOT 1.2m same » Total 10.9m 'Li it ■ Other Revenue ■ TOTAL REVENUE TRANSFI'RS IN LARGEST TRANSFERS Parking Fund, Unused Fund Balance $1.2m State Gas Tax; Street Maint/Tr. Safety .4m Retirement Stabilization. Fund .3m Fire Protection Fund, Equipment Charges .1m Total $2.0m GENERAL FUND APPROPRIATIONS Salaries (minus vacancies) PERS Benefits Contract Service Supp/Materials/Uti Equip Repl//Insurance add vacancies Total Appropriations $9.3m - .4m 2.4m 1.lm 2.lm +3.5% +39% + 9% - 25% no increase -.42% $1 Increase Without Vacancies tt 4.69% 1.39% ■ Transfer to Sewer Fund $700,000 APPR •.PRIATIONS • Salaries and Benefits 72% ■ Contract Services 11% ■ Supplies, Maint. Utilities 6% ■ Equip Repl/Insurance 1` 11% •