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HomeMy WebLinkAboutAnnexation of Sunset Beach - Local Agency Formation Commissi Recommended Action A) Approve the City of Huntington Beach 2010-2015 Housing and Urban Development (HUD) Consolidated Plan and, B) Approve the 2010/11 HUD Action Plan for the Community Development Block Grant (CDBG)/HOME Investment Partnership Program (HOME) and C) Authorize the City Administrator to sign for federal assistance of$1,481 423 in CDBG and $822,743 in HOME Funds for the 2010/11 grant year and any other necessary documents to receive the funds City Clerk Joan L Flynn announced Late Communications (2) No Speakers Approved 7-0 as amended to reflect that any unspent funds of the 15% - Public Service category would be offered to American Family Housing 18 Approve for introduction Ordinance No 3888 adding Municipal Code Section 8 43 regarding costs of emergency response, and, Adopt Resolution No 2010-57 establishing fees Recommended Action A) After the City Clerk reads by title approve for introduction Ordinance No 3888 "An Ordinance of the City of Huntington Beach Adding Chapter 8 43 of the Municipal Code Relating to Costs of Emergency Response, and B) After conducting a public hearing adopt Resolution No 2010 - 57 `A Resolution of the City Council of the City of Huntington Beach Setting the Cost of Emergency Response for Motor Vehicle Incident and Hazardous Materials, Including Pipeline and Power Line Incidents, Rates to be Charged by the Fire Department of the City of Huntington Beach City Clerk Joan L Flynn announced Late Communications (1) No Speakers Approved 6-1 (Dwyer no) ADMINISTRATIVE ITEMS 19 Authorize the preparation of all documents required for application to the Orange County Local Agency Formation Commission (LAFCO) for )annexation of the unincorporated County of Orange community of Sunset Beach Recommended Action Direct staff to prepare all the necessary documents required for application to the Orange County Local Agency Formation Commission for annexation of the unincorporated County of Orange community of Sunset Beach Approved 5-2 (Hardy, Green— No), as amended to give staff authorization to provide proactive outreach to educate facts of the study, create a subcommittee with 3 Council liaisons to begin a dialogue with Sunset Beach leadership to address their concerns 8 Council/Agency Meeting Held _ a d Deferred/Continued to ` A prav nditiona ly ro 0 Deni C le r Signa r Council Meeting Date August 2 2010 Departmen ID Number AD 10-023 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Paul Emery Deputy City Administrator SUBJECT Authorize the preparation of all documents required for application to the Orange County Local Agency Formation Commission (LAFCO)for annexation of the unincorporated County of Orange community of Sunset Beach Statement of Issue The Orange County Local Agency Formation Commission has placed the unincorporated community of Sunset Beach into the City of Huntington Beach s sphere of influence Council direction is required to proceed with annexation under the small islands program Financial Impact Funds are available within individual Departments budgets to prepare all of the necessary documents for the annexation application Recommended Action Motion to Direct staff to prepare all the necessary documents required for application to the Orange County Local Agency Formation Commission for annexation of the unincorporated County of Orange community of Sunset Beach Alternative Action(s) Do not authorize the preparation of documents and direct staff accordingly -447- Item 19 - Page 1 1 REQUEST FOR COUNCIL ACTION MEETING DATE 8/02/2010 DEPARTMENT ID NUMBER AD 10-023 Analyses At the June 7 2010 City Council study session the Council was presented the results of the Sunset Beach Annexation Study (attachment 2) that was completed by the consulting firm Ralph Andersen & Associates The annexation study evaluated the fiscal and operational issues relative to annexation and outlined the procedural steps necessary for annexation to occur The results of the study concluded that the annexation was fiscally feasible and would result in a surplus of revenues estimated at $624 259 The study further addressed thirteen points that were raised by the Sunset Beach Community Association Issues raised by public speakers and the City Council were further addressed via communication with the Association and the City Council The City Council directed staff to return to the Council upon completion of peer reviews to be administered by Orange County LAFCO of the Annexation Study as well as the Sunset Beach Incorporation Preliminary Feasibility Analysis (attachment 3) commissioned by the Sunset Beach Community Association Orange County LAFCO retained the services of the consulting firm Economic & Planning Systems Inc to perform a peer review (attachment 4) of the Sunset Beach Annexation Study The peer review of the Annexation Study identified specific areas of underestimating and overestimating revenues and expenditures The specific findings are clearly outlined on the peer review attached to this report Based on the peer review the surplus of revenues estimate would be revised to just over $440 000 The peer review validates the findings of the Annexation Study and confirms the fiscal viability of annexation The City has also been in discussions with the office of County Supervisor John Moorlach regarding funding for marine safety services They have tentatively agreed that the County would continue to fund these services for a two year period The County s continued funding of these services would result in an additional $360 000 to $380 000 in surplus revenue coming to the city for the two year period The consulting firm Economic & Planning Systems Inc also performed a peer review (attachment 5) of the Sunset Beach Incorporation Preliminary Feasibility Analysis This peer review of the preliminary feasibility analysis resulted in findings that questioned the feasibility of incorporation Specifically the peer review states Scenarios 1 and 2 do not meet the minimum criteria for feasibility within the first three years as required by Government Code Section 56720 The peer review further states Scenario 3 which includes a 10 percent Utility Users Tax shows that revenues exceed costs by more than 10 percent in year three and reserves exceed costs by more than 30 percent However by the end of year five when the additional Motor Vehicle License Fee revenues provided by the State end the city experiences annual shortfalls The shortfalls continue to be negative by year 10 the shortfall is a negative 3 percent of costs which should not be deemed feasible Item 19 - Page 2 -448- REQUEST FOR COUNCIL. ACTION MEETING DATE 8/02/2010 DEPARTMENT ID NUMBER AD 10-023 Ralph Andersen and Associates also reviewed the impacts of the peer review findings on the Sunset Beach incorporation Study (attachment 1) The application of findings from the peer review result in the proposed Sunset Beach city budget being further out of balance by an additional $348 700 in Scenarios 1 and 2, and eventually $398 700 for Scenario 3 Mr Goss concludes based on all of these factors it appears that there will be a major if not insurmountable challenge in demonstrating fiscal feasibility for this proposed city Should the City Council direct staff to proceed with the application for annexation a number of procedural steps will be required The preparation of CEQA environmental documentation zoning a Local Coastal Plan Amendment and an Annexation Agreement and Tax Sharing Agreement with the County of Orange would need to be processed Milestone dates include a Planning Commission Hearing on September 28, 2010 a City Council Hearing on October 18 2010 and submission of final application materials to LAFCO on December 3 2010 Orange County LAFCO would then hold a public hearing on December 8 2010 and a Certificate of Completion would be recorded with the County in January 2011 Environmental Status n/a Strategic Plan Goal Maintain financial viability and our reserves Attachment(s) 1 Final Peer Review Findings on the Sunset Beach Incorporation Study 2 Sunset Beach Annexation Study 3 Sunset Beach Incorporation Preliminary Feasibility Analysis 4 Peer Review of Sunset Beach Annexation Study 5 Peer Review of Sunset Beach Incorporation Preliminary Feasibility Analysis -449- Item 19 - Page 3 ATTACHMENT # 1 �o p 0 0 0 0 O prTo#(gd Sbvv. MWD GM o o 11aNs Of OOM(SMS Page Revenues 2 Expenditures 2 Further Financial Analyses a Table 1 3 Summary 4 Financial Unknowns 4 Conclusions 4 Proposed McorporaUoon of Sunset Beach h Appfooatoon of [Peer Rewoaw Report to the pre omonary Faasoa000ty AnaOyso3 A Preliminary Feasibility Analysis (PFA) was prepared by Willdan Financial Services for the po- tential incorporation of Sunset Beach an unincorporated island mostly surrounded by the City of Huntington Beach and the Pacific Ocean That June 3 2010 report was subject to a peer re- view by Economic & Planning Systems Inc (EPS) The peer review was issued on June 24 2010 The purpose of this brief report is to apply the EPS analysis to the PFA and point out the poten- tial financial challenges of incorporating Sunset Beach Not all of the complexities of the peer analysis and the PFA are analyzed The focus is only on the major financial challenges of incor- poration suggested by the peer review The PFA contains three different service delivery scenarios for the proposed city All three sce- narios include adoption of a utility users tax ranging from 5 to 10% and the extension of the transient occupancy tax to vacation rentals Scenario 3 adds metered parking as a revenue source and assumes costs for beach maintenance and lifeguard services in the sixth year This assumes that the County will pay for these services during the first five years of incorporation Even with these additional revenues the key findings of the EPS review is that Scenario 1 (li- mited services) and Scenario 2 (preferred services) do not meet the minimum criteria for feasi- bility within the first three years as required by Government Code Section 56720 For Scenario 3 (maximum services) which requires a 10% Utility Users Tax the peer review concludes that revenues will exceed costs by more than 10% in year three but that by the end of year five the city experiences annual short falls The review concludes The shortfalls continue to be negative by year 10 the shortfall is a negative 3% of costs which should not be deemed feasible The peer review at the PFA stage casts considerable doubt on the economic feasibility of Sun- set Beach incorporation whether Scenarios 1 2 or 3 are pursued This could mean that a more detailed financial analysis via the LAFCO incorporation review process would further verify the financial infeasibility of the proposed incorporation of Sunset Beach In addition to the peer reviews conclusions about the fiscal inadequacy of incorporation based solely on the numbers of the PFA its review of the more detailed revenue and expenditure ac- counts reveals that the financial feasibility of Sunset Beach incorporation becomes significantly less viable Basically the review concludes that the levels of expenditures are understated and the projected revenues are overstated Page 9 o o L_J.:CJ.'oilU Revenues The peer review concludes that the projected property tax revenue is overstated by $100 000 The review concludes This loss has a significant adverse impact on city feasibility The re view however also concludes that the PFA was conservative in projecting future property tax growth and may have understated that growth The bottom line in the PFA financing plan is that it will require new revenues including (1) A util- ity users tax ranging from 5 to 10% (2) An extension of the County Transit Occupancy Tax to vacation rentals and (3) Negotiations of a 5 percent franchise fee for gas electric and cable The first two revenue sources would require a vote of the people and probably would be folded into an incorporation election if incorporation were deemed financially feasible by LAFCO EECpenCAIotures Regarding expenditures EPS review concluded that the projected part-time City Manager and part-time Treasurer are insufficient to support the proposed city It expects that the City Attor- ney costs will be higher in the initial years as contracts are negotiated and city codes and or- dinances are adopted The review expects additional engineering expense in addition to the traffic engineering cost projected The PFA was also chided for not including expense for human resources and information technology support Also it was felt that Animal Control costs were understated For non-departmental expense EPS concluded that the amount for needed office space and the purchase of initial equipment was understated The review concluded that a 5% contingency was inadequate for a very small city and it should be increased to 10% Finally there is no pro- vision for future capital improvements While three scenarios were presented in the PFA the peer review indicated that there should be a base budget which would spell out basic revenues and expenditures for the proposed city and then modify that budget with the additional revenues deferred expenditures and the other elements which comprise the three scenarios In addition EPS commented that the PFA does not calculate the impact or potential additional mitigation payments to the County that may be required EPS raises the question of whether the proposed city would need to provide fiscal mi- tigation ( revenue neutrality ) to the County upon incorporation This is another fiscal unknown in the PFA analysis In any event in applying the peer review comments to the PFA budget it appears that without greenbelt beach maintenance and lifeguard expense (Scenario 1) or without beach mainten- ance and lifeguard expense (Scenario 2) the incorporation budget is understated by $248 700 By adding costs for beach maintenance and lifeguards (Scenario 3) that understated expense grows to $298 700 in year 6 The peer review offers specific cost increases to certain expenditure categories When these specific increases are presented as a range of costs the lowest number of that range was uti- lized to keep the projections as conservative as possible Also not all of the suggestions for cost increases were included in this analysis as noted in Table I Page 2 oHungo o 9.54 Other cost increases were developed in this report based on EPS suggestions such as the in- crease of converting the city manager and treasurer positions from half-time to full-time It should be noted that the authors of the PFA believe that this additional staffing is unnecessary However applying the peer review language to the PFA would suggest the following results in Table I Table I Function Cost Peer Comment Projected Projected Additional Cost Reduced Revenue Scenarios#1 and#2 City Manager(P/T) $81 900 Part time city manager insufficient $81 900 need full time city manager City Attorney 45 000 Expect higher costs in initial years 25 000 City Treasurer(P/T) 44100 Part time treasurer insufficient need 44100 full time treasurer Development Services 183 800 No estimate for planning/engineer 0 ing c Animal Control 800 Costs should be$2 500 $5 500 1 700 Non Departmental 102 400 lNo funding for HR IT audit rent too 35 000 Contingency(5%) 61 000 Contingency should be 10%for a 61 000 small city Additional expense for Scenarios 1 &2 $248 700 Scenario#3 Beach Maintenance(in Future sand replenishment should year 6)(3) $55 600 increase by$16 000(2) $0 Lifeguards(3) 310 000 Current contract at$360 00 50 000 $380 000 Additional expense for Scenario 3 $50 000 TOTAL ADDITIONAL EXPENSE—SCENARIO#3 $298,700 PROPERTY TAX REVENUE UNDERSTATED $100 000 TOTAL ADJUSTMENT TO DETERMINE INCORPORATION FEASIBILITY Scenarios 1 and 2 $348 700 Scenario 3 $398 700 Notes (1)The peer review suggests that the PFA contains no cost estimate for planning/engineering staff An additional cost was not added to this line item however since the PFA detail indicates costs are included for planning and engineering (2)The peer review indicated that sand replenishment should increase by$16 000 While specifics are not included in the PFA it is mentioned that sand replenishment was considered in developing the beach maintenance cost estimate (3)The PFA assumes that the expense for beach maintenance and lifeguards will be assumed by the County for the first five years of incorporation and that the new city would not assume these expenditures until year 6 Page 3 @9NNOINOR 2 CA Summary Based on the EPS peer review comments it would appear that the expense for Scenarios 1 and 2 should be increased by $248 700 It would also appear that $50 000 should be added to Sce- nario 3 once the proposed city assumes the costs for beach maintenance and the lifeguards in year six In that case the additional expense for running the new city would be $298 700 That expenditure increase would be immediate however if the County is unwilling to maintain these services for the first five years of incorporation The EPS peer review of the PFA suggests that the incorporation of Sunset Beach is financially infeasible By reducing a suggested $100 000 in property tax revenue added to the increased expenditures just described the Sunset Beach city budget would be further out-of-balance by an additional $348 700 for Scenarios 1 and 2 and eventually $398 700 for Scenario 3 This would mean that the net revenue for Scenarios 1 and 2 from years 2 — 10 would be a nega tive rather than a positive Scenario 3 would also be in negative numbers during this same time period particularly so in year 6 when the city assumes responsibility for beach maintenance and lifeguards FonancW Unknowns As fiscally infeasible as the incorporation of Sunset Beach appears based on the peer review there are three major unknowns that in the first two cases could further increase the proposed city s expenditures and a third that will increase these expenditures These unknowns are 1 The PFA assumes that the lowest cost provider for services such as contracting for law enforcement from Seal Beach will be available to the new city Whether or not these services will materialize at these prices is unknown 2 Potential additional mitigation payments from the potential city to Orange County might be required to achieve the required revenue neutrality The EPS review points out County impacts and potential mitigation payments should be calculated in order to disclose all potential costs that may face the new city The amounts of these po- tential additional costs are unknown 3 The PFA acknowledges that there is no provision for funding capital improvement costs in its study As an example the PFA assumes that the new city would buy the existing fire station and annually pay the cost of financing the purchase plus utilities However no funding is provided for bringing the building up to seismic or ADA stan- dards This and other potential capital improvement costs are unknown and would add to the proposed city s expenses Condusoons Based only on the PFA Scenarios 1 and 2 do not meet the minimum criteria for feasibility per the peer review The review also concludes that the proposed city would experience annual shortfalls beginning in year five under Scenario 3 Also there are additional expenditure and revenue adjustments which make the financial feasibility of Sunset Beach incorporation even more dubious with projected shortfalls in years 2 — 10 On top of all this there is the potential Page 4 @9 Nffid -am L @ AA that there will be further additional expenses either through mitigation payments to Orange County and/or capital improvement expense on the part of the new city Based on all of these factors it appears that there will be a major if not insurmountable challenge in demonstrating fis- cal feasibility for this proposed city Page 5 ATTACHMENT #2 -45J Itettt 19 - Page 13 Table of Contents Page Executive Summary 1 Fiscal Analysis 1 Revenues 1 Expenditures 1 Operation Impacts 2 Public Service-Impacts 2 Infrastructure Impacts 3 Other Issues 3 Annexation Process 4 Sunset Beach Annexation Study— Fiscal/Operational Analysis 5 Purpose 5 Background 5 Why Change the Status Quo? 6 Methodology 7 Fiscal Analysis 7 Revenues 8 General Fund Revenues 8 Property Taxes 8 Property Transfer Tax 9 Sales Tax 9 Property Tax In Lieu of Sales Tax 9 Motor Vehicle License Fees (MVLF) 9 Property Tax In Lieu of Motor Vehicle License Fees 9 Transient Occupancy Tax 9 Transient Occupancy Tax (Business Improvement District) 10 Franchise Fees 10 Utility Users Tax 10 Business License Tax 10 Animal License/Shelter Fees 11 Permit and Regulatory Fees 11 Item 19 - Page 14 -460- i Planning and Zoning Fees 11 Building Permit Fees 11 Code Enforcement Fees 11 Fines/Forfeitures 12 Total General Fund Revenues 12 Table I —Project Annual General Fund Revenue Sunset Beach Annexation 2009— 10 12 Other Municipal Revenues 13 Structural Fire Fund Property Tax 13 FireMed 13 Special Assessments 13 Water/Wastewater Fees __ 13 Library Property Tax 13 Recreation Programs 14 Parking Fees 14 Total Other Municipal Revenues 14 Table II — Projected Annual Other-Municipal Revenues Sunset Beach Annexation 2009 — 10 14 Restricted Road Revenues 15 Gas Tax Funds 15 Measure M 15 Total Restricted Road Revenues 15 Table III — Projected Restricted Road Revenues 15 Revenue Summary 15 Table IV—Projected General Fund Other Municipal and Restricted Road Revenues Sunset Beach 2009— 10 16 Expenditures 16 Per Capita Projection of General Fund Expenditures 16 Table V— Per Capita General Fund Expenditures with Sunset Beach Population 16 General Fund Expenditure Projections (Actual) 18 Fire 18 Police 18 Table VI —Sunset Beach Part I Crime Statistics—2007 & 2008 19 Animal Control 19 City Clerk 19 Community Services 19 Beach Maintenance 19 -461- Item 19 - Page 15 o • • • a Marine Safety 20 FireMed 20 Public Works 21 Park Maintenance 21 Projected Actual Operating Expense Summary 21 Table VI I —Annual Actual Operating Expense Project Summary Sunset Beach 2009— 10 21 One Time Capital/Other Expenses 21 Table VIII — Potential One-Time Planning Costs 23 Restricted Road Fund Expenditures 23 Summary of Fiscal Impact 23 Table-IX— Summary of Annual Revenues/Expenditures Sunset Beach Annexation 2009— 10 24 Future Financial Impacts 24 Public Service and Infrastructure Impacts 25 Public Service Impacts 25 Administration City Attorney City Treasurer City Clerk Economic Development Finance Human Resources Information Services 25 Building & Safety and Planning 25 Community Services 26 Library 26 Public Safety 26 Public Works 27 Water/Wastewater 27 Summary 27 Infrastructure Impacts 28 Broadway Bridge 28 Drainage 28 Fire Station 28 Park Facilities 28 Streets and Roads 28 Underground Utilities 29 Water 29 Wastewater 29 Summary 29 Other Issues 29 EMISM Item 19 e Page 16 -462- i i i i k Annexation Process 32 Steps Toward Annexation 32 -463- Item 19 - Page 17 Executive Summary The focus of this report is to present fiscal operational and procedural information to the City of Huntington Beach to assist its City Council in deciding whether or not to initiate the annexation of the unincorporated community of Sunset Beach Physically this is a linear community con- sisting of 84 acres and an estimated 1 227 residents It is an unincorporated island mostly sur- rounded by Huntington Beach and the Pacific Ocean It was recently placed into the Huntington Beach Sphere of Influence by the Orange County Local Agency Formation Commission (LAF- CO) This means that this area can only be annexed into Huntington Beach if annexation oc- curs at all This report addresses the fiscal and operational impacts of this potential annexation in accordance with Objective LU 3 1 of the City s General Plan Fiscal sl Revenues The study projected the identifiable General Fund revenues associated with this annexation including income from the property tax property transfer tax sales tax property tax in lieu of sales tax motor vehicle license fees property tax in lieu of motor vehicle license fees transient occupancy tax franchise fees business license fees animal license/shelter fees and fines and forfeitures Since this annexation would occur without a vote of the Sunset Beach electorate the City s Utility Users Tax would not be levied in this community Also other municipal revenues were identified related to the structural fire fund property tax FireMed special assessments water and wastewater fees library property tax and recreation program income There are also restricted road revenues related to gas tax and Measure M income General Fund estimated revenue is $795 510 By adding projected other municipal revenue of $439 855 there will be $1 235 365 available for various City operating expenses By adding restricted road revenues of $176 555 total revenue from this potential annexation is estimated at $1 411 920 Expenditures Two approaches were taken to project the estimated additional expenditures that would occur if Huntington Beach annexed Sunset Beach One methodology is to project the City s General Fund expenditures on a per capita basis A per capita expense is determined by dividing each department s budget by the City s estimated population and projecting the increase in that de- partment s budget by the increase in the population (1 227) that would be served Using this methodology the City s added expense is projected to be $1 092 871 The other approach is to project the actual expected additional expense for each department This recognizes that many city operations will not require additional staffing or budget increases including for example police fire library and administrative and staff support offices In fact this result emphasizes the efficiency of changing the way public services could be provided to the Sunset Beach community because of the economy of scale provided by the City Page 1 Item 19 - Page 18 -464- b D i t 8 The functions which will require additional funding in order to provide service to Sunset Beach include Animal Control City Clerk Community Services FireMed and Park Maintenance Using this methodology the City s added expense is projected to be $664 140 Estimated street and road maintenance and improvement expense needed to maintain 3 98 centerline miles of streets in this community including street sweeping and 102 street lights is $123 521 It is assumed that the five traffic signals along Pacific Coast Highway will be main- tained in a cost sharing arrangement between Caltrans and the City There are also one-time likely discretionary capital and equipment expenses which may be re- quired in Sunset Beach One is a projected $800 000 in repairs to the Broadway Bridge with a $96 000 local match which can come from gas tax funds There is also an estimated $1 500 000 worth of drainage improvements being initiated by County Parks a portion of which would be the responsibility of the City It is unknown what the additional cost would be to Hun- tington Beach with or without the annexation but there would be an additional expense to the City in either case Finally to address beach maintenance the City will need to purchase a trac- tor ($148 000) and a rake ($32 000) Other possible unknown one-time expenses associated with this potential annexation include providing engineering support to a property owner initiated underground utility project along with a Rule 20A undergrounding project being pursued by Southern California Edison Also planning studies related to this potential annexation such as a General Plan Amendment Zoning Text Amendment Local Coastal Plan review and environmental review that are not performed by City staff could entail a one-time consultant cost estimated at $96 894 Based on the projected all-fund revenues and expenditures presented in more detail on Table IX on page 23 it shows that the estimated fiscal impact of the Sunset Beach annexation on the City of Huntington Beach could range from an annual surplus of$195 528 to $624 259 It should be noted that these figures are only estimates based on the methodologies described in this study and do not guarantee the exact future numbers in case the annexation occurs It should also be noted that the comparison of actual projected revenues and expenditures underscores the efficiency and cost effectiveness of the City serving this unincorporated area since the City would be able to extend many of its services to this area without increasing the operating budg- ets for these services Regarding restricted road revenue there would be an estimated surplus of gas tax and Measure M income accruing to the City for day-to day street maintenance expense This may be neces- sary however since there may be one-time capital expenses that would be required from this source Operation Impacts This portion of the report evaluates the public service and infrastructure impacts of this potential annexation on the City of Huntington Beach Public ervicc Impacts In terms of public service impacts there would only be slight workload increases for administra- tive and support services such as Administration City Attorney City Clerk Economic Develop- ment Finance Human Services and Information Services Also there would be some but not significant workload increases in regulatory services such as Building and Safety and Plan- Page 2 -465- Item 19 - Page 19 6 6 6 6 8 ning While there will be some minor increase in the Police Department workload there should be none in Fire since they are already serving this area through automatic aid and through a pa- ramedic contract with the Orange County Fire Authority Also additional workload is not ex- pected in the Library Department The City s Water and Wastewater operations are not expected to be impacted Water is already provided by the City to this area and the Sunset Beach Sanitary District will retain its indepen- dence and continue to provide wastewater service to this community There will be workload increases in the Community Services Department to provide lifeguard and beach maintenance services to this area plus administering a Junior Lifeguard Program which County Parks plans to extend for two-years It is assumed that the Sheriff s Harbor Patrol would remain in place in Huntington Harbour and that County Parks would retain oversight of the Sunset Aquatic Park Parks Maintenance would pick up increased workload by assuming maintenance responsibilities for a 13 acre linear park which includes a tot lot and five recently renovated restrooms Infrastructure Impacts There does not appear to be any major infrastructure problems or issues with this potential an- nexation The only potential projects with one-time cost impacts are the repairing the Broadway Bridge ($96 000 local match) and assisting in funding a County-initiated drainage project (City share unknown) There will be a need to discuss with the OCFA the future of Fire Station #3 since it is rarely used now and this community will be easily served by the Huntington Beach Fire Department (In fact it already serves this area ) The linear park would be added to the City s parks inventory and appears to be in satisfactory condition The same could be said of the streets that the City would be inheriting The City s Water and Wastewater infrastructure would not be impacted by this potential annexation tither Issues The Sunset Beach Community Association has developed a 13-point list of issues to discuss with Huntington Beach in the event the annexation materializes This does not mean that the Association supports the annexation since they would prefer to remain independent Some of the Associations issues have been addressed such as maintaining Sunset Beach Sa- nitary as an independent District (LAFCO has already approved this) and obtaining assurance that the Rule 20A underground project will be continued The City taking over maintenance of the beach and linear park is a given Other issues evolve around the community s desire to keep its identity recognition of the Asso- ciation as liaison with the City Council land use issues discuss the future of Fire Station No 3 impose a business license fee to limit undesirable commercial uses and obtain contract details of the County s Junior Lifeguard Program It would appear that most of these issues can be dis- cussed with the Association s representatives and are capable of being resolved Page 3 Item 19 - Page 20 -466- lid Annexation Process After review with LAFCO staff this report outlines in detail the steps to be taken if the City Council decides to proceed with this annexation State law Orange County and LAFCO en- courage the elimination of unincorporated islands like Sunset Beach with the result that this area was recently placed into Huntington Beach s Sphere of Influence by LAFCO Now with this community in Huntington Beach s Sphere it can now be annexed by the City This means that if the area is annexed it can only be annexed by the City Since Sunset Beach has less than 150 acres it is an unincorporated island This means that under the provisions of Government Code Section 56375 3 LAFCO must approve the annexa- tion if initiated by the City without resident protest The only discretionary action that can be tak- en by LAFCO is to apply terms and conditions or to make modifications with terms and condi- tions to the annexation Part of the application process requires the City to prezone the area prior to consideration of the annexation This would mean that the City would need to initiate and complete a Zoning Map Amendment to include Sunset Beach in its General Plan At some point the City would need to also process a General Plan Amendment and a Local Coastal Program Amendment thru the Coastal Commission Other related planning documents would need to be prepared in- cluding a Zoning Text Amendment and an environmental review There are certain application fees normally associated with an annexation application However LAFCO may waive these fees Minor fees related to certification and recordation fees will need to be paid before an annexation is finalized Page 4 -467- Item 19 - Page 21 Annexation Sunset Beach m Purpose The purpose of this report is to present fiscal operational and procedural issues related to the possible annexation to the City of Huntington Beach of the unincorporated-community of Sunset Beach This is in concert with the City s General Plan and Objective LU 3 1 which states Ensure that any proposed annexation Is consistent with the overall objectives and does not adversely impact fiscal or environmental resources and public services and infra- structure of the City of Huntington Beach This report then will assess the fiscal impact of the possible annexation of Sunset Beach as well as operational issues regarding public services and infrastructure of the City The goal of this study is to provide the necessary data information and analysis to assist the Huntington Beach City Council in determining if the Council desires to take action to annex Sunset Beach The procedural steps to be followed if the City Council decides to pursue annexation will also be presented Background Sunset Beach is a small unincorporated beachfront community adjacent to and northwest of the City of Huntington Beach Fronting 48-acres of white sand beach Sunset Beach has an es- timated 1 227 residents and 685 dwelling units Containing 85 acres it is surrounded by Hunting- ton Beach on the south and east the City of Seal Beach on the north and the Pacific Ocean on the west The community is long (a little over one mile) and narrow with a combination of residential commercial and public land uses Besides the beautiful white sand beach a predominant fea- ture of this community is a long greenbelt or linear park which once served as the Pacific Elec- tric Red Car right-of-way This 13-acre park appears to front most of the homes in this communi- ty provides free parking for beach users contains five remodeled restrooms and a tot lot This older beachfront community has maintained its old time charm with a quaint post office a volunteer fire station (Orange County Fire Authority Station No 3) and a women s club They have a number of community events including a Mile Long Garage Sale sponsored by the Sunset Beach Community Association This Association is active meeting monthly and main- taining its own website at sunsetbeachca org Sunset Beach is also served by the Sunset Beach Sanitary District which was formed in 1930 to provide sewage and trash collection to the Sunset Beach/Surfside Colony communities This District has an elected Board of Directors representing the local electorate Page 5 Item 19 - Page 22 -468- • • • i • MEMEMMEM Why Change the Status ? Why change the status quo? Or put another way how did the City of Huntington Beach get to the point of considering the annexation of the Sunset Beach community? The process of cities annexing small unincorporated islands like Sunset Beach started several years ago with a change in state annexation law Recently several local government actions particularly by the Orange County Local Agency Formation Commission (LAFCO) have raised this specific annexation issue These actions are described in this section The Sunset Beach community is considered a small unincorporated island For some time the State of California has recognized the inefficiency of large counties providing municipal services to these small islands State law was changed to permit small unincorporated islands of 150 acres or less to be located in a City s sphere of influence allowing these areas to be annexed without resident protest (Government Code Section 56375 3) Sunset Beach falls into this cate- gory since it is an area of 85 acres and is substantially surrounded by the City of Huntington Beach and the Pacific Ocean with only its short northern boundary bordering the City of Seal Beach In addition to this change in state law according to LAFCO about 15 years ago the County started to focus more on the provision of regional countywide services and pulling back from the provision of municipal type services With the more recent and ongoing fiscal problems faced by governments at all levels it is clear that it is inefficient for counties to provide services to such relatively small islands unconnected to other unincorporated areas An example cited by LAFCO staff of one such inefficiency is in the area of fire and emergency medical service OCFA Engine #3 (volunteer) located at the Sunset Beach fire station and staffed by Reserve Fire Fighters received 51 calls in 2008 but was only able to respond with qualified reserves in two of those cases The bulk of the fire and emergency medical responses to this area come under an automatic aid agreement with OCFA from the City s Warner Avenue Fire Station which is located only 800 feet from the City s boundary with this community Also on July 1 2004 the OCFA began contracting with the City to provide paramedic emergency medical services to this area since according to the contract such emergency services can more promptly and more efficiently be provided to the SERVICE AREA (Sunset Beach) by the CITY Further OCFA almost closed the Sunset Beach fire station but kept it open in response to community support of this station So while Sunset Beach is formally served by the OCFA it is more promptly and efficiently served by the City of Huntington Beach Fire Department A Sphere of Influence (SOI) according to state law (Government Code Section 56425) must be established by LAFCO for all cities and special districts This is a state mandated planning tool designed to identify logical municipal server providers for unincorporated areas throughout the County Huntington Beach s Sphere of Influence was adopted in 1973 and updated in 1989 and 2006 During the 2006 update while LAFCO staff urged that Sunset Beach be included in the City s SOI that recommended action was not taken by the LAFCO Commission However over three years later during a subsequent SOI review on July 8 2009 the Commission placed Sunset Beach in the City s Sphere This does not mean that Sunset Beach would automatically be an- nexed by Huntington Beach but if it were annexed it could only be annexed by the City Page 6 -469- Item 19 - Page 23 maumm A 0 RMEMEMEEMEEMBIM On July 31 2009 the Huntington Beach City Council conducted a special meeting to review and update the strategic goals of the City At this meeting the possible Sunset Beach annexation was discussed by residents of Sunset Beach addressing the Council under public comments No formal action by the City Council however was taken or reported On August 10 2009 the Seal Beach City Council reviewed a staff report and heard from Sunset Beach residents regarding possible annexation by that City of this unincorporated community While those from Sunset Beach speaking at the meeting urged the Council to pursue annexa- tion of their community no action was taken by the City Council to pursue such an annexation It is clear that state law Orange County and LAFCO are encouraging the elimination of unincor- porated islands that the City of Seal Beach is not interested in annexing Sunset Beach and that this community has been placed into Huntington Beach s Sphere of Influence The question now is whether or not the City is interested in annexing Sunset Beach and whether the City should take steps to initiate this annexation If the City does pursue this annexation as an unin- corporated island and assuming proper procedural steps are taken by the City including those related to prezoning and environmental review the LAFCO Commission must approve the an- nexation This approval would be subject to terms and conditions or with modifications subject to terms and conditions which would be determined by the Commission This report will review fiscal operational and procedural issues-to assist the City in answering the question of whether or not the annexation of the Sunset Beach community should be pursued Methodology The methodology of this study included reviewing documents and data supplied by City and LAFCO staff This included financial operational and procedural information Review of docu- ments prepared by the Seal Beach staff as well as material written by the Sunset Beach Com- munity Association was completed Pertinent sections of state law along with an Attorney Gen- eral s Opinion were also read Also interviews and email inquiries were conducted with the staff of the City LAFCO and the Orange County Parks Department The estimated revenues and expenditures in this report are just that estimates They are calcu- lated based on information supplied by either City staff or from the LAFCO Sphere of Influence report prepared last summer These are not precise figures that guarantee actual revenues or expenditures which will be received or expended should the potential annexation occur It should be noted that in very limited portions of this report some general conclusions are of- fered regarding the reading of the City Charter the General Plan and state law These conclu- sions are based solely on the plain reading of these documents and should not be considered a legal interpretation of this material Any legal opinions of these documents are the province of the City Attorney and should be referred to that office for further comment if needed Fiscal Analysis This fiscal analysis presents the projected revenues that would accrue to the City of Huntington Beach if the Sunset Beach community were annexed to the City as well as the estimated City expenditures for serving this area The projected revenues are categorized in three categories Income that would accrue to the City s General Fund Page 7 Item 19 - Page 24 -470- Other municipal revenue and Restricted street and road revenue These revenues not only include the reallocation of property taxes per the Master Property Tax Agreement between the City and Orange County a shift of sales tax revenue to the City but City fees and taxes that would be applied to this area as well It should be noted that there are certain revenues that are not currently collected in Sunset Beach by the County Taxes that are collected in the City but not in the County such as the Utility Users Tax cannot be collected in Sunset Beach without a vote of that community s electo- rate This report provides estimated General Fund revenue projections for the Utility Users Tax for information purposes only This report contains two different approaches in projecting expenditures One is an estimate us- ing a per capita cost projection assuming that there will be an incremental increase in expense as the City population increases both through annexation and normal population growth The other is a projection of the actual expenditures expected to be spent to provide services to this community In terms of methodology the first estimate is based on per capita cost projections and the second is based on current actual estimated expenditures The latter estimate assumes that per capita cost increases projected for certain City functions will not occur as will be ex- plained in more detail in the expenditure section and that actual expenditures will more accu- rately describe the real fiscal impact the proposed annexation will have on the City Revenues This section presents revenues which will be received by the City as a result of the possible an- nexation of Sunset Beach As mentioned previously these revenues are presented in the fol- lowing categories • General Fund Revenues which is income which can be used for any municipal purpose • Other Municipal Revenues which is income that normally can be used for general city operations but limited to a specific city function such as the Structural Fire Fund Proper- ty Tax which can only be used to support fire services and • Restricted Road Revenues which can only be used for road maintenance and street projects General Property Taxes The Master Property Tax Agreement governing the sharing of property tax revenue between the City and Orange County was approved by the City on October 28 1980 While adopted a num- ber of years ago this resolution is current and provides by its terms that the tax split specified in the Agreement shall be used for all annexations without regard to the year they take place The Agreement provides that the general tax levy will be allocated as follows 56 percent (rounded) to the City and 44 percent (rounded) to the County This division is net of the Coun- EMENOM Page -471 a Item 19 a Page 25 ENE= e e HUM= e ty s contribution to the Educational Revenue Augmentation Fund Also this revenue is separate from the Structural Fire Fund Property Tax (OCFA) which is discussed later under the Other Municipal Revenues section The estimated property tax revenue for municipal services and redevelopment is estimated at $145,306 Property Transfer Tax When new property is sold or more likely in Sunset Beach when an existing property is resold a property transfer tax of$1 10 per $1 000 of transferred value is levied on the sale of real proper- ty The resulting revenue is then split between the City and Orange County with each obtaining $ 55 of the transferred value While neither the County nor LAFCO could provide actual last fis- cal year transfer tax revenue for this area and no revenue estimate was provided in the LAFCO Sphere of Influence report prepared last summer it is estimated for the purposes of this report that $4,268 would be produced based on the property transfer tax income realized in Huntington Beach This estimate is calculated using the proportion of dwelling units in Sunset Beach com- pared to the City (685 DUs/77 962 DUs = 88% x $485 000 = $4 268) Sales Tax While Sunset Beach is mostly residential it has commercial development along Pacific Coast Highway Using actual sales tax from the accounts within the unincorporated island sales tax revenue that would accrue to Huntington Beach is estimated at $186,857 (Source HDL compa- nies) Property Tax In Lieu of Sales Tax It is estimated by LAFCO based on the accounts within Sunset Beach that property tax in lieu of sales tax revenue amounts to $19,738 annually Motor Vehicle License Fees (MVLF) If the annexation occurs the City will receive MVLF subvention revenue in accordance with the AB 1602 formula It is estimated that Huntington Beach would receive $61,350 from this reve- nue source (1 227 x $50) Property Tax In Lieu of Motor Vehicle License Fees It is estimated by LAFCO that the property tax in lieu of motor vehicle license fees accruing to Huntington Beach would be $184,521 Transient Occupancy Tax The County charges a 10 percent Transient Occupancy Tax (bed tax) the same as the City of Huntington Beach Last year the County rate produced $151 356 in revenue There may be a potential land use and/or business license issue with weekly rentals occurring in Sunset Beach which are not permitted by Huntington Beach However they apparently are not subject to the Page 9 Item 19 - Page 26 -472- f f f t ! County bed tax Based on the County charging the same rate as the City it is projected that the City would receive $151,356 annually from the Transient Occupancy Tax Transient Occupancy Tax (Business Improvement strict) The City also has a Business Improvement District which is supported by an additional one per- cent Transient Occupancy Tax Since this one percent TOT is 10 percent of the regular tax rate the estimated revenue from this income source is $15,136 ($151 356 x 10%)' Franchise Fees It is estimated based on the amount received countywide in the unincorporated areas applying the amount per capita from the Sunset Beach population that the franchise fees for electricity natural gas and broadband/cable television/telecommunications would produce $10 660 These are franchise-fees applied to each of these services and are separate from the Utility Users Tax This would provide total franchise fee revenue of$10,660 Utility Users Tax The Utility Users Tax is a five (5) percent tax imposed on the users of certain utilities in the City including water telephone gas electric and cable television services Projecting an increase in these revenues based the proportionate increase in dwelling units projected by this potential annexation it is estimated that Utility Users Tax revenue would increase by $191,119 (685/77 962 = 88% x $21 726 000) It should be noted however that in the view of LAFCO legal staff the Utility Users Tax could be imposed only if the annexation were processed as a normal inhabited unincorporated area re- quiring a vote of the Sunset Beach electorate Since it is being pursued as an island annexa- tion not involving a vote of those being annexed Proposition 218 would bar the imposition of this tax to this area according to LAFCO As a result this estimate is provided for information only and is not included in the overall General Fund revenue projection Business License Tax In the City s license and permits revenue category the largest revenue source is the business license fee LAFCO in preparing its revenue estimates as part of the SOI study did not include any income from this source since apparently the County does not have a business license fee Therefore there was no available data from which to produce a revenue estimate There ob- viously are businesses located in Sunset Beach and with a minimum business license fee of $75 per business some revenue should be produced from this source Since there was not an available count of the number of businesses in Sunset Beach a per capita revenue projection for Huntington Beach was developed ($2 200 000/202 480 = $10 87) and applied to this unin- corporated island Using that formula projected business license revenue is $13,337 (1 227 x $10 87) ' Technically this is not a General Fund revenue and normally would be placed in the Other Municipal Revenue category However it is presented here since it is normally associated with the Transient Oc cupancy Tax described above Page 10 -473- Item 19 - Page 27 o e ® o aMMM As a further note feedback has been received that some in Sunset Beach would look forward to implementing a business license tax in their community Some view this as a way to discourage undesirable businesses locating there Whether or not the tax charged for a business license would have this effect is debatable The business license should not be considered by Sunset Beach residents as a regulatory tool ;animal License/Shelter Fees Based on actual fees collected from this unincorporated island the LAFCO study indicated es- timated revenue from this source at $1,745 Permit and Regulatory Fees Planning and Zoning Fees Based on the per capita revenue received in Huntington Beach for planning and zoning fees as applied to Sunset Beach it is estimated that the City will receive revenue in the amount of $8,503 ($1 403 000/202 480 = $6 93 x 1 227) This estimate is provided for information purpos- es and not included in the total General Fund revenue projections since these are fees which basically cover staff expenses required to provide planning and zoning services to the Sunset Beach community Building Permit Fees While Sunset Beach is basically built out remodeling often occurs requiring building plumb- ing electrical mechanical and/or other permits Using a per capita projection it is estimated that the City will receive $13,387 from this revenue source ($2 210 000/202 480 = $10 91 x 1 227) Similar to the planning and zoning fees this estimate is provided for information purposes and is not included in the overall General Fund revenue projections Code Enforcement Fees Again the LAFCO SOI study attributed zero revenue from Code Enforcement fees This is be- cause no such fees were collected by the County However last July when City staff conducted an informal windshield survey of the Sunset Beach area 129 violations were identified While 40% of the violations were related to trash debris and landscaping the remaining were struc- tural such as faulty weather protection signs garage conversions and dilapidated roofs and ga- rages This number of violations as a percentage of total housing units is 18 8 percent com- pared to 13 0 percent in the rest of the City Using a per capita projection along with determining the proportionate increase in violations (18 8% vs 13 0%) compared to the remainder of the City (1 227/202 480 = 61% x $29 100 x 1 45) the revenue from this source is estimated to be $257 Similar to the planning zoning and building permit fees this estimate is provided for in- formation purposes only It should be noted that since code enforcement will assume an additional service area there will be an impact on the City in providing these services to the Sunset Beach area This impact is reflected in whatever time is spent away from existing areas of responsibility by staff In summary it appears that the Permit and Regulatory Fees from Planning and Zoning Building Permit and Code Enforcement will generate $22,147 in revenue which will offset the expenses Page 11 Item 19 - Page 28 -474- ZMEM . . ZZENNEEMMM in processing permits and enforcing the City s codes Because of this offset neither the reve- nues nor expenditures for these functions are included in the revenue and expenditure projec- tions of this report Fines/Forfeitures Fines and forfeitures reflect income generated by Motor Vehicle and Municipal Code fines and other miscellaneous fines and forfeitures Based on the LAFCO SOI study using a projection based on the unincorporated county area per capita revenue as applied to Sunset Beach the estimated fines and forfeiture revenue which would accrue to Huntington Beach is $1,236 Total General Fund Revenues Based on the individual revenues identified in the preceding paragraphs the total General Fund revenue that this potential annexation could produce for the City of Huntington-Beach excluding the Utility Users Tax is $795,510 This General Fund revenue data is summarized in Table I entitled Projected Annual General Fund Revenue Sunset Beach Annexation 2009— 10 ---------------- Table I Protected Annual General Fund Revenue Sunset Beach Annexation, 2009— 10 Property Tax $145 306 ` Property Transfer Tax I 4 268 Sales Tax 186 857 Property Tax in lieu of Sales Tax 19 738 Motor Vehicle License Fee � 61 350� Motor Vehicle in lieu of Vehicle License Fee 184 521 Transient Occupancy Taxi 151 356 Transient Occupancy Tax Bus Improvement Dist _ 15 136 Franchise Fees 10 660 Business License Fee 13 337 Animal License/Shelter Fees R 1 Fines and Forfeitures _ _ 1 236 1 TOTAL GENERAL FUND REVENUE $795,510 (')Planning budding and code enforcement fees estimated at $22 147 are excluded from this estimate ` since these are basically revenues which are offset by expenditures therefore producing a wash in pro 1ecting the budget needed to serve the Sunset Beach community Page 12 -475- Item 19 - Page 29 • • • i i err Municipal Revenues Structural Fire Fund Property Tax Currently fire service is provided to Sunset Beach by the Orange County Fire Authority To support that service OCFA benefits from a Structural Fire Fund Property Tax In the case of this unincorporated island this tax produces $350 731 which would shift to Huntington Beach upon annexation of this area It should be noted however that currently OCFA contracts with the City for Advanced Life Sup- port (Paramedic) service from the City Fire Department to the Sunset Beach community It is presumed upon annexation that the contract in the amount of $8 000 would discontinue The net revenue to the City fire service would be $342,731 ($350 731 - $8 000) FireMed FireMed is a voluntary membership program allowing residents to receive City paramedic and ambulance services for no additional out-of-pocket expenses The cost to join the programs is $60 per year per household With an estimated 33% participation rate per household based on the city-wide membership average there would be an estimated participation of 405 households from Sunset Beach that would join this program The estimated revenue from this membership is $24,300 (405 x $60) Special Assessments According to the LAFCO SOI report there are special assessments totaling $3,946 which would be passed on to Huntington Beach if this annexation occurred ater astewater Fees Based on actual revenues LAFCO estimates that there is $322 364 in water and wastewater fees produced in Sunset Beach However this does not mean that this is additional revenue that would accrue to Huntington Beach if this area were annexed First at the July 8 2009 LAFCO meeting the Commission decided that the Sunset Beach Sanitary District would main- tain its independent status with its own sphere of influence Second the City already receives payment for water service from this community Further there is a 10 percent surcharge on the water bill that would evaporate upon annexation So instead of $322 364 accruing to the Hun- tington Beach there would be a loss to the water fund of$23,151 Library Property Tax Currently there is property tax revenue supporting the County Library System that would shift to Huntington Beach upon annexation The LAFCO estimated revenue for City library service which would shift to the City upon the annexation of Sunset Beach is estimated at $52,029 Page 13 Item 19 - Page 30 -476- f f f i f Recreation Programs There has been a Junior Lifeguard Program conducted in Sunset Beach generating approx- imately $40 000 in revenue to the County The current contract ended with the summer 2009 session However the County Parks Department intends to extend the contract through 2011 It is expected that this contract extension would occur before Sunset Beach could be annexed into Huntington Beach At some time in the future if the annexation occurs the City may want to consider folding this program into their Junior Lifeguard program In the meantime the revenue produced from this program is estimated at$40,000 Parking Fees While Sunset Beach does not have any parking meters they apparently developed some form of parking permit system The consultant was informed that since residents were being ticketed along with visitors for parking in front of garages this system involved permits which allowed residents to park in these spaces Neither the County nor LAFCO had any information on this permitting system-the fee structure or the revenue that was produced The amount of revenue likely would be minimal in any event As a result no additional revenue from parking fees is pro- jected in this report Total then Municipal Revenues It is estimated that if Sunset Beach were annexed into Huntington Beach there would be Other Municipal Revenues available to support City fire library and miscellaneous services in the amount of $439,853 This data is summarized in Table II entitled Projected Annual Other Mu- nicipal Revenues Sunset Beach Annexation 2009— 10 Table If I Protected Annual Other Municipal Revenues Sunset Beach Annexation, 200 — 10 Structural Fire Fund Property Tax $350 731 1 [ Loss of Emergency Medical Contract Revenue (8 000) FireMed 24 300 Total Fire Department Revenue i $367 031 € Special Assessments 3 946 Loss of Water Surcharge —� (23 151) Library Property Tax , 52 029 Recreation Program (Jr Lifeguard contract) T� 40 000 TOTAL OTHER MUNICIPAL REVENUE $439 855 E Page 94 -477- Item 19 - Page 31 0 0 0 0 0 Restricted Road Revenues Gas Tax Funds If Sunset Beach were annexed by the City state gas tax funds now collected by the County for this area would shift to the City According to the LAFCO SOI financial report and in applying the countywide per capita factor for this island an additional $190 480 would be produced for street maintenance and other road projects However this estimate included $127 462 in Sec- tion 2104 gas tax funds which only accrues to the County and did not include an estimate of Section 2107 gas tax funds which would be allocated only to the City By making these adjust- ments it is estimated that the state gas tax funds that would be received by the City (from Sec- tions 2105 2106 2107 and 2107 5 gas tax funds) if this annexation occurred is an estimated $148,381 These revenues as well as those received through Measure M are restricted only to the use of street maintenance and improvements Measure Measure M is an initiative passed by the voters in Orange County to finance transportation im- provements using revenue produced from a countywide sales tax Based on the actual sales tax revenue produced in Sunset Beach it is estimated that Huntington Beach would receive $28,174 from this source if they annexed this island Total Restricted Road Revenues The estimated amount of restricted road revenues which would switch from the County to the City if Sunset Beach were annexed is an estimated $176,555 This data is summarized in Table III entitled Projected Restricted Road Revenues Table III: Projected Restricted Road Revenues R Gas Tax $148 381 Measure M 28 174 Total Restricted Road Revenues $176 555 Revenue Summary The total General Fund other municipal revenues and restricted road revenues are summarized in Table IV entitled Projected General Fund Other Municipal and Restricted Road Revenues Page 15 Item 19 - Page 32 -478- a aINGa a s Table IV Protected General Fund Other Municipal and Restricted Road Revenues Sunset Beach, 2009— 10 111111 General Fund $795 510 Other Municipal 439 855 Total Available for City Operations $1 235 365 Restricted Road Revenue 176 555 Total Revenue Produced from Sunset Beach $1 411 920 Expenditures Per Capita r je tl n of General Fund Expenditures As mentioned earlier there are two expenditure projections provided in this report One is based upon a methodology of projecting the City s General Fund expenditures on a per capita basis A per capita expense for each department is determined by dividing each departments budget by the City s estimated population (202 480) and then projecting a number to reflect the additional population that would be served (1 227) if Sunset Beach were annexed As presented in Table V entitled Per Capita General Fund Expenditures with Sunset Beach Population this projec- tion developed by City staff would mean an increase in City operating expenditures of $1 092 871 Compared to the General Fund revenue projections presented in Table I this would mean a deficit of$291 361 ($795 510 - $1 092 871) However by adding the General Fund and Other Municipal Revenues together there would be a surplus of $142 494 ($795 510 + $439 855 = $1 235 365 - $1 092 871) Table V Per Capita General Fund Expenditures with Sunset Beach Population t ► . City Administrator $1 773 821 202 480 $9 $9 1 227 $10 749 City Treasurer $1 492 949 202 480 $7 $7 1 227 $9 047 City Council $307 910 202480 $2 $2 1 227 $1 866 City Attorney $2 635 911 202 480 ' $13 $13 1 227 $15 973 City Clerk $956 065 202 480 $5 $5 1 227 $5 794 Building & Safety_ $3 696 183 202480 _ $18 $18 _ 1 227 _$22 398 Community Services $13 408 349 202 480 $66 _ $66 1 227 $81 253 Economic Development _ $1 583 820 _ 202 480_ _ $8 _ $8 1 227 $9 598 Human Resources $6 469 696 202 480 _ $32 $32 1 227 $39 205 ` SEEM Page 16 -479- Item 19 - Page 33 o s o s s Table V Per Capita General Fund Expenditures with Sunset Beach Population t . 1 Finance $10 857 094 202 480 j $54 $54 1 227 $65 792 Fire -$32 240 905 202480 $159 $159 1 227 $195 375 l Information Services j $7 028 601 202 480 $35 _ $35 1 227 $42 592 Library Services $4 650 003 202 480 $23 $23 1 227 $28 178 , Planning - $3 334 001 202 480 f T $16 $16 1 227 �- $20 204 Police $60 015 155 202 480 1 $296 $296 1 227 $363 683 Public Works - $19 362 379 - 202 480 $96 $96 1 227 $117 333 I Non Departmental _ $10 533 100 202 480 $52 - _ $52 1 227 $63 829 Total General Fund $180 345 942 $891 $891 _ $1 092 871 i Expenditures , [ (1) Does not include capital expenses (2) Population based on 2009 estimate provided by Economic Development The problem with this analysis is that for many departments there likely would be no additional budget costs For example there might be additional but likely minimal additional work gener- ated by this annexation in City Administration There probably would not be enough additional workload to generate an increase in this Departments budget This extra work would be ab- sorbed and prioritized within Administrations normal workload Even a direct service Department such as Fire will not have nor need a budget increase of $195 375 shown in Table V now or over the next several years This is because Fire already serves this community through an automatic aid agreement and provides paramedic service through an ALS contract with OCFA It not only has the nearest career fire station but Sunset Beach falls within the normal 1 '/2 mile radius of the Warner Avenue Fire Station which is the desired response distance for a suburban fire station It can be argued that with incremental growth such as this annexation increase in average fami- ly size or new development over time there could be an eventual increase in city expense when a certain critical mass of additional population to be served has been obtained Howev- er over time with the possibility of an aging population average family size may actually de- cline The only major additional costs are likely to be in the areas of lifeguard services beach and park maintenance road traffic signal and street light maintenance Even a slight increase in calls for law enforcement service likely will be absorbed within existing police staffing Also City staff indicates that the potential impact on current code enforcement operations is believed to be minor even though as described earlier a July windshield survey indicated approximately 129 code violations A large portion of those code violations however were for property main- tenance issues There probably will be some additional permit and entitlement processing in Building Public Works and Planning but this work should be offset by fees and absorbed by existing staff given the overall decline in building and development activity in Southern California As explained Page 17 Item 19 - Page 34 -480- MaEMMEW1102 a s above additional potential income from planning and building fees from this potential annexa- tion were not included in the projected revenues because of the expenditure offset The next section provides an estimate of the real or expected actual additional expenses ex- pected if Sunset Beach were annexed into Huntington Beach General Fund Expenditure rojections (Actual) This section presents the estimated potential real recurring cost impacts that would occur with the possible annexation of Sunset Beach to Huntington Beach These costs are estimates and have been prepared in conjunction with City staff The cost estimates are for operating ex- penses for those Departments likely to have an increase in their budget in order to serve this unincorporated island Included in this discussion will be some one-time costs and unknown future capital obligations that would be assumed by the City if this annexation occurred Also even though no additional expenses are expected in some major City departments such as Po- lice and Fire they are briefly discussed in this section since they are a major part of the City s budget Fire As indicated earlier no additional Fire Department expense is expected if Sunset Beach is an- nexed since the Department is already serving this area With the Structural Fire Fund Property Tax less the elimination of the ALS contract with the OCFA there will be a net reve- nue/expenditure benefit to the City of $342 731 The Fire service is mentioned in this section since it is a major cost center of the City and there is a significant revenue offset for this service in the annexation scenario Police The LAFCO Sphere study estimated $1 237 023 in total County General Fund expenditures to serve Sunset Beach Of that amount $1 198 524 was allocated for Sheriff services This esti- mate was based on calls for service as a ratio to the total calls in the County s unincorporated territory compared to Sunset Beach The Sheriffs Department reports that there are six depu- ties assigned to this unincorporated area working three shifts providing 24 hours per day cov- erage In the power point presentation to the Seal Beach City Council that City s staff concluded that this level of expenditure is overstated and not an accurate reflection of costs for the currently provided level of services to the Sunset Beach Community The consultant would agree with that conclusion In its analysis of required service the Huntington Beach Police Department looked at the Part I Crime Statistics for Sunset Beach While they found it was difficult to obtain exact numbers for this area crime data was obtained from the Sheriff's Records Management System for 2007 and 2008 As shown in Table VI — Sunset Beach Part I Crime Statistics — 2007 & 2008 there were 39 Part I or major crimes in 2007 and 44 in 2008 In addition there were 59 traffic colli- sions in 2007 and 53 in 2008 Page 98 -481- Ote mrn 19 - Page 35 NIM= D 0 # 0 Table VI Sunset Beach Park I Crime Statistics —2007 &2008 Homicides 0 0 Rape 0 1 Robbery 4 2 Felony Assault 5 5 Burglary 13 15 Larceny 12 15 Motor Vehicle Theft 5 6 Total Part I Crimes 39 44 After reviewing this data police staff concluded it appears the Police Department could provide law enforcement services to Sunset Beach while maintaining current staffing levels As a result no additional expenditures are added to this Departments budget in evaluating the fiscal impact of the potential Sunset Beach annexation Animal Control Using a two year average for 2007 and 2008 there appears to be 309 annual calls for service This average may be inflated since there were a reported 37 calls for service in 2007 but 545 in 2008 Since Orange County Animal Care charges approximately $100 per call using the 309 figure there would be added cost to the City for this annexation in the estimated amount of $31,000 While this figure may be inflated it is used in this analysis due to the lack any other available data City Clerk Sunset Beach has two precincts with 797 registered voters in November 2008 these two pre- cincts were consolidated into one polling place with five election workers It is generously esti- mated that the City Clerk s Office would experience additional election costs in the amount of $2 500 every two years Averaging this expense on an annual basis it is estimated that there would be additional expense in this office of$1,250 Community Services Beach Maintenance To maintain the same level of service in maintaining 48-acres of beach as currently being pro- vided would cost an estimated $61,880 This includes according to the Community Services Department penod1c hand picking of litter contractually provided trash removal daily graffiti re- moval ice plant trimming the raking and sanitizing of the sand four times per month and the construction and removal of street end sand berms as needed seasonally Page 99 Item 19 - Page 36 -482- e e • e e However there will be an estimated additional expense for supervision and travel time This is because this stretch of beach is not contiguous with other City beaches and because there will be a need to operate a day-time beach cleaning crew since Sunset Beach is adjacent to a resi- dential area Currently the City does not provide day-time crews It is estimated that $80 000 will be needed in the beach maintenance budget to cover the extra expense of supervision and travel time to this beach This will mean an estimated beach maintenance budget of$141 880 Another issue with an undetermined cost is where to store maintenance equipment and the need to obtain an additional tractor and rake Currently the County s equipment is used at sev- eral locations Their equipment is either is stored at the Talbert Nature Preserve or the Upper Newport Beach Nature Preserve The exception is a large sand sifter or sanitizer which is de- voted exclusively to Sunset Beach and is stored at Sunset Marina If Huntington Beach could obtain the sanitizer from-the County it would need to determine if it could continue to be stored at the Marina There could be a rental expense associated with this storage Also there likely would be the cost of purchasing a tractor In addition Sunset Beach through the County participates with other beach cities in a Sand Replenishment Program There are 12 stages of the program each stage four or five years apart with payment based on the linear feet of coast line In 2001 the County s share for this section of the beach was $46 356 and in 2008 it was $5 600 There is no explanation for this difference in amounts Staff speculates that there may be an error in how the data was distri- buted among the agencies In comparing the dollars charged Huntington Beach in 2001 and 2008 and given its much longer shoreline it would appear that the $5 600 is probably the more accurate cost for this work along Sunset Beach Therefore it is estimated the next stage of this Federal Erosion Control program would cost the City about$6,000 possibly as soon as 2013 In order to annualize the cost of this work in order to assess the impact of this potential annexa- tion it is recommended that $1,250 be included in the expenditure estimates ($6 000/5) Marine Sfety Staff indicates that the County currently contracts for Marine Safety Services (Lifeguard) in the amount of $333 000 They recommend that if this annexation occurs this contract be main- tained Also the City would need to negotiate the retention of the lifeguard towers and equip- ment that currently serve beach activities The estimated cost of assuming marine safety for Sunset Beach is $333,000 A question was raised regarding the City being responsible for ultimately replacing the lifeguard towers which serve Sunset Beach However these lifeguard towers are owned by US Ocean Safety which provides marine safety to the beach If the contract for this service is maintained as proposed by staff then lifeguard tower replacement should not be an issue for the City As a result this report does not project any expense for lifeguard tower replacement in the immediate Tuture It should be noted that there are no special events planned for this section of beach Therefore no funds are protected to be added for this purpose Fire e This voluntary program allows members to receive paramedic and ambulance services without +aut-of-pocket expense By applying the City s percentage participation in the program to Sunset Beach it is estimated that people from 405 residences would belong (1 227 x 33%) With a Page 20 -483- Item 19 - Page 37 0 0 0 f 9 yearly expense to the City of $51 26 per household it is estimated that this program would cost $20,760 (405 x $51 26)to administer Public Works Park Maintenance There is a 13-acre linear park or greenbelt maintained by a combination of contractual services and County staff The janitorial contract costs $21 000 the landscape contract totals $76 000 and it is projected that City staff can complete the work performed by County personnel at a cost of $38 000 This would mean an annual additional cost to this Department for park main- tenance service of an estimated $135,000 if this annexation occurred Projected Actual Operating Expense Summary In reviewing the projected actual operating expense that would be incurred by Huntington Beach if they annexed the Sunset Beach community it is estimated that this additional cost would be $664 140 This estimate is summarized in Table VII entitled Annual Actual Operating Expense Projection Summary Sunset Beach 2009 — 10 Table Vll [ Annual Actual Operating Expense Project Summary � Sunset Beach, 2009 — 10 mom Animal Control $31 000 City Clerk 1 250 Community Services Beach Maintenance $141 880 Sand Replenishment 1 250 I Marine Safety 333 000 476 130 FireMed 20 760 I Public Works—Park Maintenance 135 000 Total Estimated Operating Expense ; $664,140 r Based on this analysis comparing the estimated General Fund revenue projections to the esti- mated actual expenditures the City would obtain an annual revenue surplus of $131 370 ($795 510 - $664 140) if Sunset Beach were annexed by Huntington Beach This surplus would grow to $571 225 ($1 235 365 - $664 140) in comparing both General Fund and Other Munici- pal Revenues to the total estimated actual operating expense One Time Capital/Other Expenses These projected revenue surpluses for the potential annexation of the Sunset Beach community may be needed since there are several one-time capital expenses on the horizon for Sunset Page 21 Item 19 - Page 38 -484- 0 # 0 # 0 Beach In terms of bridge maintenance the Broadway Bridge would be part of the annexation Public Works has reviewed a Caltrans bridge report indicating that the cost for bridge repair is an estimated $800 000 If grant funding from the Bridge Preventative Maintenance Program can be obtained and the annexation occurred the City s one-time matching funds would be an es- timated $96,000 The source of these funds would either be from City gas tax funds or Measure M The Orange County Parks Department has allocated $150 000 in 2009-10 to initiate planning for Sunset Harbor dredging Since this annexation would not likely be completed this fiscal year even if initiated by the City the Department will proceed with the initial planning for this project The overall dredging work includes areas outside of Sunset Beach and will be paid for under a cost sharing arrangement with all impacted agencies including the City of Huntington Beach The City by the way would be a participant in this project with or without the annexation Hun- tington Beach would have a larger financial responsibility for their share of the project however if the annexation occurred The total estimated cost of this shared-cost dredging work is $1 500 000 The City s share of this cost with or without the annexation is not known at this time While there is the prospect of the City inheriting the County Parks beach sanitizing machine it is expected that the City would need to purchase two pieces of equipment for beach maintenance One is a tractor ($148 000) and the other is rake ($32 000) This will be a one-time expense with this equipment being folded into the City s equipment replacement program According to the Public Works Department there are two undergrounding projects proposed in the Sunset Beach area One is a Rule 20A project initiated by Southern California Edison for which funding is available and permits are being issued Staff indicates that this project will be- gin and subsequently completed regardless of any annexation issues The other project is homeowner initiated and may or may not proceed depending upon whether the proper percentage of property owner signatures representing property owners is obtained If this project proceeds the County has agreed to provide an assessment engineer and provide support for any coordination issues This commitment would probably become the responsibility of the City should annexation be successful The estimated cost of this commitment could not be determined Other one-time costs would be the preparation of planning and related studies which may be necessary to complete this annexation There will be a need for a Zoning Map Amendment General Plan Amendment and Local Coastal Plan Amendment to include the Sunset Beach area into the City s Zoning Map General Plan and Local Coastal Plan In addition there will eventually be a need for a Zoning Text Amendment to formally adopt the existing 1990 Sunset Beach Specific Plan The Coastal Commission staff may also request an update of this Specific Plan because it is almost twenty years old Finally there will be a need for an environmental as- sessment for this annexation If they are conducted by a consultant rather than in-house staff estimates that there will be a one-time expense of approximately $96 894 The estimated costs of these planning studies are contained in Table VIII entitled Potential One-Time Planning Costs To the extent there is a need for community meetings as part of this process this estimate could be higher IN Page 22 -485- Item 19 - Page 39 Table Vill Potential One-Time Planning Costs General Plan Amendment _ $37 299 J Feasibility Study(RAA) 14 950 ! LCP Amendment 11 212 Zoning Map Amendment 9 733 I Environmental Assessment 8 522 ZZoning Text Amendment 15 178 Total _ $96 894 j Note These estimated costs assume use of a consultant rather than staff [ f Restricted endit res As mentioned earlier between gas tax funds and Measure M revenues the City of Huntington Beach would receive $176 555 which is restricted for street maintenance and other transporta- tion improvements This will be the funding source for maintaining 3 98 centerline road miles and 102 street lights It is expected that the streetlights will likely be funded by the County even the ones on Pacific Coast Highway Regarding the five traffic signals four of the traffic signals would require the City to pay 25% of the annual maintenance cost and the remaining traffic sig- nal would require a 50/50 split with Caltrans Using the countywide per capita projections to Sunset Beach population it is estimated that the County spends $118 501 on general right-of-way and street light maintenance for this communi- ty It is assumed that City street maintenance expense will be similar to that spent by the County with the exception of a small additional expense for street sweeping which is performed twice a month throughout the City With 3 98 centerline miles (7 96 curb miles) the additional cost for this service is estimated at $5 020 (7 96 x $26 28 x 24) This will increase street maintenance expense to $123 521 This means that there would be an approximate surplus restricted road revenue of $53 034 ($176 555 - $123 521) which can be used for other street maintenance functions that might be provided to this area for one time capital road and bridge expenses for this area or for other street maintenance costs throughout the City Summary of Fiscal Impact It would appear that the annexation of the Sunset Beach community into Huntington Beach would have a generally beneficial financial impact on the City in terms of day-to-day operations Except for a projected deficit in comparing only General Fund revenue to the estimated operat- ing expenditures based upon per capita projections all other comparisons demonstrate an es timated surplus of revenues over expenses This may be necessary since there are unknown capital and one-time study expense that may be associated with this potential annexation A summary of this information from the tables presented earlier in this section is summarized in Table IX entitled Summary of Annual Revenues/Expenditures Sunset Beach Annexation 2009— 10 Page 23 Item 19 - Page 40 -486- f ! f ! ! Table I I Summary of Annual Revenues/Expenditures [ Sunset Beach Annexation, 2009— 10 7GenFd d Rev minus Per Capita Exp $795 510 $1 092 871 ($297 361) ther Rev minus Per Capita Exp 1 235 365 1 092 871 142 494 ! General Fund Rev minus Actual Expense 795 510 664 140 131 370 Gen Fd + Other Rev minus Actual Expense 1 235 365 664 140 571 225 I Gen Fd +Other Rev + Road Rev minus Per 1 411 920 1 216 392 195 528 Capita Exp and Street Maint Exp Gen Fd + Other Rev + Road Rev minus Ac fi 411 920 787 661 624 259 tual Expense and Street Main Exp Future Financial Impacts Normally in this type of report revenue and expenditure projections over a five seven or ten year period would be provided This would assist the policy-makers in determining the mid-term fiscal impact of the potential Sunset Beach annexation In the annexation study for the Bolsa Chica Lowlands for example an annual inflation rate for franchise and utility user fees of 3 1 percent was used It was also assumed that the assessed value upon which the property tax is based would increase the minimum of two percent per year Given the current and near term economic climate it would be difficult to apply these standard inflationary factors to this study When reviewing the Property Transfer Tax revenue for instance the projected income from that source declined several hundred thousand dollars from one year to the next As a result this report presents to the City a snapshot of the Sunset Beach fiscal impact not a mid or long-term forecast Page 2 -487- Item 19 a Page 41 t t t i t Public Service and Infrastructure Impacts To further meet the requirements of General Plan objective LU 3 1 this section addresses the potential public service and infrastructure impacts the annexation of Sunset Beach may have on the City of Huntington Beach First will be a discussion of the public service implications of this potential annexation followed by its infrastructure impacts Public Service Impacts As implied in much of the fiscal analysis the impact of this potential annexation on the City s ability to provide public services to Sunset Beach as well as the City as a whole appears very limited In terms of major direct service departments and administrative management and sup- port offices-the proposed annexation should have little impact on the ability of these depart- ments and offices to provide adequate service to this small community while maintaining exist- ing service levels to the remainder of the City These impacts are discussed in the following pa- ragraphs Administration, City Attorney, City Treasurer, City Clerk, Economic rel- ent, Finance, Human Resources, Information Services While there may be a slight increase in workload for each of these offices due to this potential annexation these increases should be able to be absorbed in each office and not cause a need for any staff or budget increases The only minor exception is the City Clerk s office where an additional polling place will be required every other year at an estimated average annual cost of $1 250 annually Building & Safety and Planning The ongoing operating expense for Building & Safety and Planning should be minimal with any increases in workload covered by the fees charged by these departments For example it is ex- pected that building permit applications for building modifications from the 685 dwelling units businesses and other structures in this built-out community would pay for staff time spent re- viewing and inspecting these applications Many of the Code Enforcement violations were prop- erty maintenance issues based on a windshield survey conducted by staff in July Staff felt that the potential impact on current code enforcement operations is believed to be minor Planning and zoning permits also should require a minor amount of staff time with that time covered by processing fees There will be however one-time expenses involved in bringing Sunset Beach into the City in terms of studies required to update the City s General Plan Local Coastal Program amend the City s Zoning Map for the existing County Specific Plan conduct an environmental assessment of the annexation and prepare a Zoning Text Amendment Based on staff input the cost of these one-time studies and projects if prepared by a consultant and not staff is estimated at $96 894 Page 25 Item 19 m Page 42 -488- a a a a s Community Services More of an impact on the provision of services will be on the Community Services Department Among City Departments it will experience the largest cost increase This Department will be responsible for maintaining and providing marine services to 48 acres of beach City staff sug- gests that the $333 000 contract for marine safety service be continued as well as the contract for the junior lifeguard program which County Parks plans to continue for another two years be- fore any annexation process can be completed It is estimated that each maintenance will re- quire daytime operations and will cost an estimated $141 880 Staff assumes that the Orange County Sheriff s Harbor Patrol would remain in place in Hunting- ton Harbour and that County Parks would retain control and oversight of the Sunset Aquatic Park It is pointed out by staff that Sunset Beach participates with Huntington Beach and other beach cities in a sand replenishment program There are 12 stages of the program four or five years apart with the County paying the Sunset Beach share If annexation occurs the City would as- sume this cost which is estimated at $1 250 annually as presented in the fiscal section of this report Library Currently Sunset Beach is served by the County Library System the revenue for which ($52 029) would transfer to the City upon annexation of this community It is doubtful that the li- brary habits of Sunset Beach residents would change upon annexation Their library use pat- terns would probably remain the same such as using the County system the City s libraries or other public libraries in the region Thus the service level impact on the City Library should be minimal Public Safety Neither the Police nor Fire Departments expect that an increase in staffing will be required as a result of this potential annexation It appears that the number of additional Part I Crimes which would be added to the Police Departments workload are minor compared to its overall work- load The Departments patrol beats can be adjusted to patrol this area The Department will however need to conduct traffic accident investigations along Pacific Coast Highway a function currently being performed by the California Highway Patrol There will be some additional animal care and control activity generated by this annexation Since this service is already provided under contract with the County there will not be any addi- tional workload on City staff only an additional expense The Fire Department already serves this area either through automatic aid for fire and non- medical emergency calls or under contract with the Orange County Fire Authority for medical emergency response (paramedics) This service is provided primarily from the Warner Avenue Fire Station which is within 800 feet of the boundary with Sunset Beach All of Sunset Beach is within the desired 1 '/2 mile response radius of that station Page 26 -489- Item 19 a Page 43 • ! t i i Public Works There will be some impacts on services provided by the Public Works Department A 13-acre li- near park will become the responsibility of the Department The maintenance of this park would be addressed by retaining existing contracts for landscape and janitorial maintenance plus ad- ditional staff cost of$38 000 annually Apparently County Parks has just completed the rehabili- tation of five public restrooms in the park As an aside this community will exceed the City s General Plan s parks standard of five acres per 1 000 population Sunset Beach has 10 6 parks acres per 1 000 population (13 acres / 1 227) There is 3 98 centerline road miles for which the Department would assume maintenance re- sponsibility along with 102 street lights The cost of maintaining the five traffic signals along Pa- cific Coast Highway will be shared between Caltrans and the City on either a 75/25% or a 50/50% split The additional annual maintenance expense should be covered by the additional gas tax and Measure M funds which will be received by the City There are other responsibilities which would be absorbed by the Department that will be dis- cussed in the following infrastructure section These responsibilities involve a multi-agency dredging project initiated by the County Parks Department which involves Sunset Beach and surrounding areas including the City of Huntington Beach Other infrastructure projections in- clude repair of the Broadway Bridge a Rule 20A undergrounding of utilities project and a prop- erty owner initiated undergrounding project requiring an assessment engineer This latter project likely will require the City to assume a commitment made by the County to pay for the engi- neer s expense The amount of this one-time cost is unknown WaterlWastewater The City already provides water service to Sunset Beach and currently applies a ten percent surcharge to the users in this community If the area is annexed then the water surcharge would evaporate This would amount to a reduction in revenue to the Water Department of $23 151 At the July LAFCO meeting the Commission decided that the Sunset Beach Sanitary District would continue to have its own Sphere of Influence and would not be included in the City s Sphere As a result direct wastewater service would still be provided by the District and not be- come an obligation of the City Summary Except for one-time studies by Planning additional marine services provided by the Community Services Department and maintenance services provided by that Department and Public Works it would appear that there would be very little impact on services provided by the City s other departments and offices In fact this conclusion points to the efficiency that would be created by this potential annexation Service can be extended to this small community without adding staff to major service components of the City particularly Police and Fire This result is aided by the fact that Sunset Beach is immediately adjacent to Huntington Beach and can easily be served by the City s two public safety departments Page 27 Item 19 - Page 44 -490- ME= e e e ; eEMENNIMEM Infrastructure S This section describes the impacts on infrastructure of the City or infrastructure that the City would assume if Huntington Beach annexed Sunset Beach Generally there do not appear to be any immediate major infrastructure problems or issues However there are certain potential future unknown costs in replacing or repairing these facilities These infrastructure facilities are discussed below Broadway ridge Caltrans prepared a report reviewed by Public Works indicating that it would cost $800 000 to repair the Broadway Bridge in Sunset Beach It is intended that the bulk of this repair cost would be through a grant from the State Bridge Preventative Maintenance Program (BPMP) with a re- quired local government match of $96 000 If the annexation occurred this match would shift from the County to the City The source of funds for the City s match would-either be from Gas Tax or Measure M funds Drainage The Orange County Parks Department has budgeted $150 000 in 2009-10 to plan a dredging project for the Sunset Harbor The dredging work includes not only the Sunset Beach area but adjoining areas as well County Parks is taking the lead in this project that is initially estimated to cost $1 500 000 It will be funded through a cost-sharing arrangement among the affected ju- risdictions There will be an expense on the part of the City either with or without this annexa- tion The amount of the City s share however could not be determined because the project is only approaching the initial planning stages Fire Station Located in Sunset Beach Orange County Fire Station #3 is a volunteer station owned by the Orange County Fire Authority Staffed by Reserve Fire Fighters Engine #3 received 51 calls in 2008 but only responded with qualified reserves twice during that year At one point OCFA al- most closed the station It has been suggested by the Community Association that the Fire Station be used either as a police substation or for lifeguards However since the station is owned by OCFA discussions with that agency as well as an assessment of its potential best use would be necessary to gauge its future potential Park Facilities The 13-acre linear park has one tot-lot and five restrooms The tot-lot appears to be in suitable repair and the restrooms have just been restored by the County Parks Department Streets and Roads There are 3 98 centerline miles of roads in Sunset Beach Most of the traffic is on PCH which is the maintenance responsibility of Caltrans The remainder of the Sunset Beach road system is VEM Page 28 -491- Item 19 - Page 45 0 0 0 0 0 residential and appears to be in satisfactory condition It does not appear that-the City would be inheriting any major street reconstruction projects if this annexation occurred Underground Utilities A Rule 20A underground utility project along PCH is being pursued by Southern California Edi- son This project is funded and permits are being issued City staff expects that this project will begin and will be finished regardless of any annexation issues There is also a property owner initiated undergrounding project along Park Avenue and Bayview which is in the process of collecting signatures so that the preliminary design phase can begin As mentioned previously the County made a commitment to provide an assessment engineer and staff support for the coordination of this project The City would undoubtedly assume this responsibility if the annexation occurs Ater There is no known infrastructure issues related to the continued provision of water to this com- munity or to the surrounding areas of the City if annexation were to occur Wastewater Wastewater service will continue to be provided by Sunset Beach Sanitary District Summary It appears that the annexation of Sunset Beach would have little impact on the City s basic in- frastructure such as water wastewater and streets In many respects the City already provides services to the area (water fire library) OtherIssues With the advent of the LAFCO Sphere of Influence study and LAFCO s subsequent action plac- ing the community into Huntington Beach s Sphere the Sunset Beach Community Association developed a 13 point program initially for discussion with the City of Seal Beach for the possible annexation by that City These 13 points have now become talking points with the City of Hun- tington Beach This does not mean that the Association supports this annexation To the con- trary the Association seems to prefer retaining its unincorporated status or incorporating as a city rather than annexing to Huntington Beach In any event the Association has retained a law firm to make sure they would be treated fairly according to a letter sent to those living in Sun- set Beach dated November 1 2009 The Association also has raised money to study the fiscal impact of incorporation Nonetheless if annexation took place the Association would likely ask the City to support their list of 13 key transfer items which is viewed as a way to help Sunset Beach continue as a semi-independent beach community A summary of these 13 key items include 1 Maintain Sunset Beach s separate identity including signage Page 2 Item 19 - Page 46 -492- t t t t t 2 Recognize the Sunset Beach Community Association as liaison with the City Coun- cil 3 (a) Keep the Sunset Beach LCP with revisions to reflect the change from the County to the City and (b) Submit new pertinent plans and information to the Sunset Beach local advisory board for review and comment 4 Keep parking permits at the same price 5 (a) Continue all encroachment programs for beach and waterways permitted by the LCP and (b) Transfer current files permits and computer records from the County to the City 6 Support use of the Fire Station by local police 7 Maintain the Sunset Beach Sanitary District as an independent district 8 Support the current Sunset Beach postal delivery system 9 Have the City take over ownership and maintenance of the beach and greenbelt from the County 10 Create a business license fee plan that would serve to limit the opening of future un- desirable businesses such as medical marijuana dispensaries tattoo parlors etc 11 Confirm the County contract details for the contract Junior Lifeguard Program (in- cluding class size limits) 12 Gain assurance that the Rule 20A undergrounding project will be continued and completed in a timely manner and 13 Obtain funds from the County to repave the numbered streets between North and South Pacific and to finish the five restrooms in the greenbelt These items were discussed with the Mayor and City Manager at the September Association meeting Obviously there are some of these issues like another public use of the OCFA fire sta- tion that would require additional homework to determine the possible best use of this facility The perspective of the OCFA regarding this property would need to be obtained Whether or not a business license fee would limit undesirable firms desiring to open in Sunset Beach may be more appropriately a land use issue than a business license fee issue Some of the items on the list have already been completed such as the park restroom renova- ioon and what appears to be the funding and permitting of the Rule 20A underground utility project along PCH The Sunset Beach Sanitary District will remain as an independent district based on last summers LAFCO action Nevertheless unofficial discussions with the Association by the Mayor and executive staff have indicated an interest in recognizing the Association as a liaison with the City Council Also there �uas a willingness expressed to create a MOU with the Association to memorialize their 13 points or issues 'here may be a concern by the Association about losing community identity by becoming part of the City However if this identity can be retained through an MOU there are many benefits Page 30 -493- Item 19 - Page 47 MEMEMOMM MMOMUM2M 8 0 0 6 MEM Huntington Beach can bring to the community These include well established municipal servic- es such as police fire public works and community services with the government offices pro- viding service located nearby The City may be able to provide what would be perceived by the community as a more desirable regulatory environment when it comes to controlling undesirable uses There would be some cost savings to the community as well since the ten percent water surcharge would be eliminated if Sunset Beach annexed to the City In any event the Association in their November 1st letter expressed the hope that the City would wait until we complete our citizen-funded incorporation feasibility study before taking an annexation vote Actually if the Association is able to promptly engage a firm to examine the numbers in this report and in the LAFCO SOI financial analysis they should be able to assess the prospects of incorporation in roughly the same time frame as the City s consideration of an- nexing Sunset Beach Page 31 Item 19 - Page 48 -494- e e ® o e Annexation The third feature of this report is to outline the procedures related to the possible annexation of Sunset Beach to Huntington Beach Annexations detachments consolidations and other forms of governmental reorganization are overseen by the Local Agency Formation Commission (LAFCO) of each county Established in 1963 LAFCOs have the authority to approve annexa- tions per Sections 560000 et seq of the California Government Code As mentioned at the beginning of this report state law Orange County and the local LAFCO encourage the elimination of unincorporated islands due to the inefficiency and cost of large counties providing municipal services to these small areas Additionally pursuant to Govern- ment Code Section 56425 LAFCO is required as a planning tool to identify logical municipal service providers for areas throughout the County and to establish Spheres of Influence for all cities and special districts As part of this mandate the LAFCO Commission recently included the Sunset Beach community into Huntington Beach s Sphere of Influence (SOI) Because of the size of the Sunset Beach community (under 150 acres) the area may be annexed into the City of Huntington Beach under the streamlined process provided for small island annexations Further because Sunset Beach is within the Huntington Beach SOI it may only be annexed to the City of Huntington Beach not to any other city Alternative options for the area include in- corporation or remaining incorporated although the feasibility of these options would need to be explored further Since Sunset Beach is an unincorporated island (less than 150 acres) its annexation can oc- cur under the provisions of Government Code Section 56375 3 This means that LAFCO shall approve the annexation if initiated by the City without resident protest Within this context this section outlines the steps required for this annexation to occur along with possible land use planning actions that the City may want to pursue Steps Toward Annexation If the City of Huntington Beach determines that it would be advantageous to annex Sunset Beach the steps summarized in the following paragraphs would need to be followed 1 The City of Huntington Beach would submit an application to the Orange County LAFCO which should contain the following information and related materials • LAFCO processing fees (may be waived for island annexations) • Justification of Proposal Questionnaire • A Plan for Services • CEQA documents (this may involve a Negative Declaration or less) Page 32 -495- Item 19 - Page 49 W 9 W i s ® Resolutions by the affected agencies agreeing to a transfer/split of the ad valorem property tax revenues generated in the subject territory2 Prezoning3 and ® Indemnification agreement signed by the applicant 2 Within 30 days of the application LAFCO sends a status letter notifying the City that the application is either complete or incomplete 3 Approximately 30 days after the submission of the application ® LAFCO notices the County Assessor of the proposal The Assessor determines which Tax Rate Areas (TRA) are involved and calculates the total assessed valuation (AV) of the affected territory The Assessor issues a report of the TRAs and AV to the County Auditor The Auditor determines the total property tax revenues for the area proposed for annexation and issues a report to the City and the County of the total revenues involved and ® The City and County are notified that they have 60 days to reach an agreement on the transfer of property tax revenue from the County to the City although the Master Property Tax Agreement can be used for this purpose 4 Upon determination by the LAFCO Executive Officer that the application is complete the Executive Officer issues a Certificate of Filing and sets a hearing date for the proposal 5 LAFCO notices and holds a public hearing on the proposed annexation and its Commission takes one of the following actions 0 Approves the application subject to terms and conditions or 2 This is already addressed in the Master Property Tax Agreement between the City and the County al though both agencies could negotiate a different property tax exchange for this area if this were their in tent 3 A resolution is required that specifies the planned land use for this area prior to a hearing on this annex ation by the LAFCO Commission While the existing zoning and Specific Plan could be used for this re quirement the City would need to first modify its Zoning Map as part of this Prezonmg requirement 4 These revenues have already been estimated as part of the LAFCO Sphere of Influence report and are used in this fiscal analysis The Auditor Controller however will still complete the precise and official final amount as part of the formal annexation process Page 33 Item 19 - Page 50 -496- e e e s a Approves the application with modifications and subject to terms and conditions' 6 Within 35 days of the hearing LAFCO adopts a resolution making determinations and approving the application and sends a copy of the resolution to the applicant 7 Normally at this point if the application is approved LAFCO sets a protest hearing for the annexation However for small island annexations state law requires that the LAFCO Commission approve the annexation and waive the protest proceedings 8 If the annexation is ordered LAFCO sends a Certificate of Completion to the County Recorders Office following a 30-day reconsideration period and upon satisfaction of all terms and conditions in the resolution ordering the annexation 9 Upon recordation LAFCO sends documents and fees which are paid by the appli- cant to the State Board of Equalization for the purpose of alternating-their TRAs to reflect the change of organization One requirement of the initial LAFCO application is to prezone the area prior to consideration of the annexation application by the LAFCO Commission Probably the most expeditious me- thod to accomplish a prezoning is to use the existing County zoning Possibly useful to this process is an already adopted County Specific Plan for Sunset Beach Still the City Zoning Map would need to be revised to be extended to the Sunset Beach community as part of the prezon- ing process before this possible annexation could be considered by the LAFCO Commission It should be noted that state law requires that zoning designated during the prezoning process remain in place for two years The area also has a Local Coastal Plan (LCP) albeit one that was adopted some years ago While the annexation is proceeding and subsequently after the annexation is accomplished var- ious studies can be completed to accomplish if needed a more conforming zoning pattern for the area From the City s perspective the only requirement for this annexation prior to any action by the City Council is an annexation feasibility study required by the City s General Plan including a fiscal and operational analysis This requirement of the General Plan is met by this study and report Although not required prior to annexation there are other planning entitlements that should be considered These include 1 General Plan Amendment to establish land use 2 A Local Coastal Program Amendment which was adopted in 1990 The City would need to amend its LCP to include this new area which will then become the City s zoning for Sunset Beach Also a Zoning Text Amendment to formally adopt the Spe- cific Plan would be required 5 The LAFCO Commission does not have the discretion to deny an application for an island annexation initiated by the City Page 34 -497- Item 19 - Page 51 8 HZE=MMZMMHMMMi i Coastal staff informed the City that other than normal coastal resource issues one recurring issue (in Sunset Beach) has been requests from property owners to convert visitor serving commercial sites to residential according to City staff notes Apparently neither Coastal nor County staff have supported these requests One of the concerns of the Sunset Beach Community Association is what they view as undesir- able land uses such as medical marijuana dispensaries tattoo parlors etc While their concerns have been expressed in the context of desiring regulation through the business license tax such uses can be controlled through land use regulations Addressing these and other land use issues plus the apparent desire of the Association to otherwise maintain their LCP and Specific Plans is an important dialogue that should occur with residents of the Sunset Beach community This would suggest conducting community meetings possibly with a facilitator in reviewing the community s plans and planning for the future of the City if the annexation is pursued Page 3 Item 19 - Page 52 -498- -499- Item 19 - Page 53 SUNSET BEACH INCORPORATION PRELIMINARY FEASIBILITY ANALYSIS (PFA) FINAL ®RAFT MAY 14 ) 2010 W1 LLDAN Financial Services Oakland Office Corporate Office Sacramento Office 1700 Broadway 27368 Via Industna 2150 River Plaza Dr 6t" Floor Suite 110 Suite 300 Oakland CA 94612 Temecula CA 92590 Sacramento CA 95833 Tel (510)832 0899 Tel (800) 755 MUNI (6864) Tel (916) 563 1635 Fax (510)832 0898 Fax (909)587 3510 Fax (916) 924 3644 www willdan com Item 19 - Page 54 -500- TABLE OF CONTENTS EXECUTIVE SUMMARY 4 Purpose of Study 4 Key Assumptions 4 Base Year 4 Boundary 4 Service Levels 4 Organization of the New City Three Service Scenarios 6 Revenue Neutrality 7 Key Findings 7 1 INTRODUCTION 13 Background 13 Assumptions 13 Incorporation Scenarios 13 Cost and Revenue Assumptions 14 Revenue Neutrality 14 2 POPULATION AND EMPLOYMENT 16 Existing Development 16 Development and Projected Service Population 16 3 SERVICE PLAN & METHODOLOGY 17 Municipal Services Analysis and Plan 17 Current Service Providers 17 Projected Future Service Providers 17 Revenue and Cost Estimating Methodologies 20 Per Capita Method 20 Case Study Method 21 4 COST ANALYSIS 22 Service Levels 22 Proposed Staffing Plan 22 Other (Non-Personnel) Costs 26 City Council 26 Police Services 26 Animal Control 26 Non Departmental Costs 26 Greenbelt Restrooms and Parking Lot Costs 27 Beach Maintenance 27 Lifeguards 27 Road Traffic Signal and Streetlight Maintenance Costs 27 Total Costs 28 5 REVENUE ANALYSIS 31 Property Tax 31 Land Use 31 VV WILLDAN F)anc i5rary a,es 1 Z -501- Item 19 - Page 55 Final Draft Sunset Beach Preliminary Feasibility Analysis Assessed Value 31 Property Tax Allocation 34 County General Fund Property Tax Allocation 34 County Library and OCFA 35 Tax Allocation Factor 35 Property Tax Revenue Projections 36 Other Taxes 36 Sales Tax 36 Property Transfer Tax 36 Transient Occupancy Tax 39 Utility Users Tax 41 Gas Tax 43 Vehicle License Fees 43 Prior Law 43 Assembly Bill 1602 44 Senate Bill 301 44 Other Revenues 44 Franchise Fees 44 Fines Forfeitures and Penalties 45 Charges for Services 45 Parking Meters—Warner Lot 45 Junior Lifeguards 45 Use of Money and Property 45 Business License Tax 45 Other Tax and Revenue Projections 46 6 RESULTS 48 Feasibility 48 Conclusion 48 APPENDIX A A-1 ABOUT WILLDAN B-1 WILLDAN Financial Swvtces ZZ Item 19 - Page 56 -502- LIST OF TABLES AND FIGURES FIGURE E 1 PROPOSED SUNSET BEACH BOUNDARY 5 TABLE E 1 INCORPORATION SCENARIO PROFILES 6 TABLE E 2 NET REVENUE SUMMARY-SCENARIOS COMPARED 8 TABLE E 3 NET REVENUE DETAIL-SCENARIO 1 10 TABLE E 4 NET REVENUE DETAIL-SCENARIO 2 11 TABLE E 5 NET REVENUE DETAIL-SCENARIO 3 12 TABLE 2 1 CURRENT SERVICE POPULATION 16 TABLE 3 1 CURRENT&PROJECTED FUTURE SERVICE PROVIDERS 19 TABLE 4 1 PROPOSED STAFFING BY DEPARTMENT 23 TABLE 4 2 ANNUAL SALARY&CONTRACT EMPLOYEE EXPENSE 23 TABLE 4 3 PERSONNEL&CONTRACT EMPLOYEE COSTS 25 TABLE 4 4 NON-PERSONNEL COSTS 29 TABLE 4 5 COST SUMMARY 30 TABLE 5 1 ASSESSED PROPERTY VALUE 33 TABLE 5 2 NET COUNTY COST 35 TABLE 5 3 PROPERTY TAX TRANSFER TAX ALLOCATION FACTOR 36 TABLE 5 4 PROPERTY TAX REVENUE 37 TABLE 5 5 SALES TAX REVENUE 37 TABLE 5 6 PROPERTY TRANSFER TAX REVENUE 37 TABLE 5 7 TRANSIENT OCCUPANCY TAX-VACATION RENTALS 39 TABLE 5 8 TRANSIENT OCCUPANCY TAX REVENUE 40 TABLE 5 9 SUNSET BEACH UTILITY USERS TAX REVENUE 42 TABLE 5 10 ANNUAL UTILITY USERS TAX REVENUE 42 TABLE 5 11 PER CAPITA&OTHER REVENUE 47 TABLE 6 1 NET REVENUE DETAIL-SCENARIO 1 49 TABLE 6 2 NET REVENUE DETAIL-SCENARIO 2 50 TABLE 6 3 NET REVENUE DETAIL-SCENARIO 3 51 TABLE A 1 GENERAL GOVERNMENT NET COUNTY COST A-1 TABLE A 2 SHERIFF SERVICES NET COUNTY COST A-1 TABLE A 3 PER CAITA REVENUE A-2 TABLE A 4 AUDITOR S RATIO A-3 TABLE A 5 SUNSET BEACH GREENBELT MAINTENANCE COSTS A 3 TABLE A 6 UTILIITES USERS TAX COMPARISON A-4 .,CA/W I LLDAN F nane al Servrces 111 -503- Item 19 - Page 57 Executive Summary Purpose of Study This report presents a Preliminary Feasibility Analysis (PFA) of the incorporation of the community of Sunset Beach in Orange County California The purpose of this initial fiscal review is to determine if incorporation of the community of Sunset Beach is feasible in terms of the proposed new city s service costs and revenues The analysis presented here is not intended to be a comprehensive fiscal analysis (CFA) as required by the Orange County (County) Local Agency Formation Commission (LAFCo) when cityhood proponents make a formal application for incorporation The intent of the PFA is to provide a preliminary fiscal analysis that assists the proponents of cityhood in determining whether to proceed with an application for incorporation As would be the case for a CFA LAFCo guidelines were referenced in the design of the PFA s assumptions methods and scope of analysis Key Assumptions This analysis evaluates the feasibility of a new city government and shows forecasted revenues and expenditures of the proposed new city for the first ten years of operation The period analyzed begins in fiscal year (FY) 2011 12 (transition year) and ends in FY 2020 21 The analysis assumes the effective date of incorporation will be July 1 2011 Base Year This PFA is based on County revenue and cost data from the most recent fiscal year for which data is available, FY 2008 09 or the Base Year Boundary This PFA analyzed fiscal feasibility for a single boundary scenario The boundaries of the proposed incorporation are shown in Figure E 1 Service Levels Service levels for the newly incorporated city are assumed to remain constant at the levels funded by current service providers in FY 2008 09 WILLDAN I 4 Franc I Services Item 19 - Page 58 -504- Jra Sur et Brach Prelim nary �easzbt analysts Figure E 1 Sunset Beach m NO IWO t �UN, a &� 4 mft ti k in n Beach e WI tl WILLDAN S M nanc at Senv ces �71 Final Draft Sunset Beach Preliminary Feasibility Analysis Organization of the New City Three Service Scenarios This analysis examines three different service delivery options for feasibility of the proposed city Scenario 1 or the `Limited Services scenario Scenario 2 or the Preferred Services' scenario and Scenario 3 or the "Maximum Services scenario The three scenarios are evaluated in order to test a range of incorporation alternatives for cityhood proponents In all three scenarios, the new city is assumed to accept direct responsibility for general government services including creation of a city council and other legislative and administrative functions, and accept contract responsibility for police public works (including road maintenance) animal control and development services Contracts for these services may occur between the new city and the County, a neighboring city or a private firm This arrangement is consistent with other recent incorporations in the County of Orange and elsewhere in Southern California It is also assumed that the County will retain some services This analysis looks at two funds that the new city will establish the general fund and the road fund Costs and revenues are examined for each fund Table E 1 summarizes three scenarios analyzed in this study It shows which services are funded by each scenario, which revenue sources are utilized and highlights the different utility user tax rates needed to fund the services provided Each higher number scenario adds service responsibilities to the new city Table E 1 Incorporation Scenario Profiles Scenario 1 Scenario 2 Scenario 3 Limited Services Preferred Services Maximum Services New City Hires Full and Part Time Yes Yes Yes Staff Police Protection Seal Beach' Seal Beach' Seal Beach' Fire Protection OCFA2(No Change) OCFA2(No Change) OCFA2(No Change) Ownership and Maintenance of County(No Change)3 City City Pacific Avenue Greenbelt and Restrooms Ownership and Maintenance of County(No Change) County(No Change) City Starting in Year Six Beachfront and Lifeguard Program Metered(Visitor)and Permit No No Yes (Resident)Parking Utility User Tax Rate 5 00% 7 50% 10 00°/ Notes 'Contract service with Seal Beach would require approval of the Seal Beach City Council 2OCFA is Orange County Fire Authority 'The Sunset Beach Sanitary District is an alternate provider of the maintenance Source Willdan Financial Services WILLDAN I 6 F n�c I Sery ces Item 19 - Page 60 -506- Final Draft Sunset Beach Preliminary Feasibility Analysis Common to all scenarios expanded utility user taxes (UUT) are enacted to fund City expenditures on services to residents and businesses The major difference between Scenario 1 and Scenario 2 is that in Scenario 2 the new city takes responsibility for the maintenance of the greenbelt and restrooms along North and South Pacific Avenue The UUT rate is higher in Scenario 2 compared to Scenario 1 In the "Maximum Services scenario responsibility for the beach is added to the services provided by the new city The major difference between Scenario 3 and the first two scenarios is the new city's assumption of costs in Scenario 3 for beach maintenance and the lifeguard program starting in the sixth year of cityhood Prior to the sixth year of cityhood the County provides these sexy ices Metered parking is installed so that visitors pay a share of added City costs and residents are issued parking permits at minimal cost for on-street parking Scenario 3 also has higher utility user taxes than Scenarios 1 and 2 to pay for these services but the tax rates are lower than those in the City of Seal Beach In each scenario where the new city funds services which are now a County responsibility the City would define the service level and manage the service delivery Full and part time professional staff would carry out these duties and be given direction by the new city council Revenue Neutrality Under the revenue neutrality law enacted in 1992 ILAFCo cannot approve a proposed incorporation unless it finds that the county and affected special districts are not adversely impacted by the transfer of costs and revenues to the new city Statutory requirements determine the revenues transferred to a new city such as property tax If the analysis anticipates negative impacts then negotiation with the County would be required for the new city to mitigate these impacts All revenue sources may be included in the negotiations Estimated revenue neutrality payments are not included in this anah sis Key Findings Feasibility The fiscal feasibility of the proposed city is evaluated based on net revenue (revenues minus costs) as a percent of total costs and trends in the City s fund balances As a guide a new city is considered to be feasible of net revenue is within plus or minus 10 percent of total costs in a given year (or total revenue is more than 110 percent of costs) and the city s fund balances in a given year are greater than 10 percent of the annual revenue The minimum legal requirement for making a finding of fiscal feasibility as stated in Government Code Section 56720 (e) requires the proposed city to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following incorporation This studv includes analysis over a ten year period to have a more complete picture of the fiscal balance of the city given that certain state subventions are reduced after five years pursuant to statute The analysis also includes a five percent contingency which is assumed to be expended each year The summary results of the analysis are presented in Table E 2 )VWILLDAN vicI 7 F want W 3a es -507- Steen 19 = Page 61 Final Draft Sunset Beach Preliminary Feasibility Analysis Table E 2 Net Revenue Summary -- Scenarios Compared General Fund In FY Scenario 1 - Scenario 2 Scenario 3 - 2020 21 (Year 10) Limped ServlceS2 Preferred Servlces3 Maximum Services4 Costs $1 190 900 $1 290 500 $1 534 000 Revenues $1 040 200 $1 182 800 $1 579 700 Net Revenues $150 700 $107 700 ($45 700) Net Revenues % Costs 14% 9% 3% Reserve Fund Balance $1 346 700 $979 600 $1 058 500 Reserves % Revenues 129% 83% 67% Feaslble75 Yes Yes Yes 'Road Fund detail Is shown in Tables E 3 through E 5 2 in the limited services scenario the new city assumes responsibility for general government public works and police services UUT Is charged at 5%for applicable utilities The County or the Sanitary District will assume responsibility for maintaining the greenbelt and beach 3 In the preferred services scenario the new city assumes responsibility for general government public works police services and maintenance of the greenbelt UUT Is changed at 7 5 A for applicable utilities The County keeps responsibility for beach maintenance 4 In the maximum services scenario the new city assumes responsibility for general government public works police services maintenance of the greenbelt and beach maintenance UUT Is charged at 10%for applicable utilities Metered parking Is installed In the Warner parking lot to offset beach maintenance costs 5 Feasibility is determined by fund reserves greater than 10 percent of annual revenues and net revenues within+/ 10 percent of costs(or total revenues more than 110 percent of total costs) Source Wllldan Financial Services Conclusion Each scenario in this analysis shows net revenue that is within plus or minus 10 percent of total costs or total revenue that is more than 110 percent of costs Additionally each scenario maintains a fund balance in excess of 10 percent of operating revenue annually Given both findings the analysis indicates that each scenario meets the criteria for a feasible incorporation It is important to note that while the initial years of the analysis for Scenarios 1 and 2 show negative net revenue and negative fund balances the incorporation is still deemed feasible In actual practice the new city would not assume responsibility for providing all services during the transition year (the period of time between the effective date of incorporation and July 1 following the effective date) WILLDAN J F nanc al Services 8 Item 19 - Page 62 -508- Final Draft Sunset,beach Preliminary Feasibility Analysts During the transition period the County is obligated to provide certain services to the new city while the new city establishes itself and accrues the necessary revenues to fund its services The County continues to receive certain revenues including property tax and half of sales tax revenues among others during the transition year The new city as result has ample revenues and significant reduced first year costs This document does not examine transition period cash flow, rather it seeks to deternune overall fiscal viability through the ten-year timeframe Should the Community ultimately decide to seek cityhood the Comprehensive Fiscal Analysis (CFA) required will examine transition period issues in greater depth In Tables E 3, E 4, and E 5 detailed information about all revenues and costs is presented The tables draw from the cost assumptions presented in Chapter 4 and the revenue assumptions presented in Chapter 5 Results are separated for the new city's general fund and road fund and shown for both funds combined =509- Itel's'i 19 - Page 63 Final Draft Sunset Beach Preliminary Feasibility Analysis ° Table E 3 Net Revenue Detail Scenario 1 Limited Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 197 200 197 200 197 200 197 200 197 200 197 200 197 200 197 200 197 200 197 200 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Use of Money&Property 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 Total $ 1 176 700 $ 1 211 400 $ 1 205 100 $ 1 199 900 $ 1 195 600 $ 1 191 400 $ 1 191 300 $ 1 194 100 $ 1 197 000 $ 1 190 900 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 ° Animal Control 800 800 800 800 800 800 800 800 800 800 Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 ® Contingency @ 5 percent 61,000 57,000 58,000 49,000 50,000 50,000 51,000 51,000 51,000 52,000 ° Total $ 1 219 000 $ 1 146 600 $ 1 151 400 $ 987 300 $ 995 500 $ 1 005 500 $ 1 010 500 $ 1 021 800 $ 1 028 900 $ 1 040 200 Net Revenue $ (42 300) $ 64 800 $ 53 700 $ 212 600 $ 200 100 $ 185 900 $ 180 800 $ 172 300 $ 168 100 $ 150 700 Net Revenue/Costs (3/) 6/ 5/ 22/ 20/ 18/ 18/ 17/ 16/ 14/ General Fund Operating Reserve $ (42 300) $ 22 500 $ 76 200 $ 288 800 $ 488 900 $ 674 800 $ 855 600 $ 1 027 900 $ 1 196 000 $ 1 346 700 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ 56,800 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) Net Revenue/Costs (50/) (50/) (50 A) (50/) (50/) (50/o) (50/) (52/) (52/) (52/) Net Revenue All Funds $ (101 000) $ 6 100 $ (5 000) $ 153 900 $ 141 400 $ 127 200 $ 122 100 $ 110 600 $ 106 400 $ 89 000 Net Revenue/Costs (8/) 0/ (0/) 14/ 13/ 11/ 11/ 10/ 9/0 8/0 Operating Reserve All Funds (101 000) (36 200) 17 500 230 100 430 200 616 100 796 900 966 200 1 134 300 1 285 000 Reserve/of Revenues (8/) (3/) 1/ 18/ 34/ 49/ 64/ 77/ 90/ 103/ Sources Wtlidan Financial Services VVI LLDAN 10 F ra is al Services h Draft Sunset Beach Preliminary Feastbtltty Al,alysis Table E 4 Net Revenue Detail Scenario 2 Preferred Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Use of Money&Property 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 Total $ 1 276 300 $ 1 311 000 $ 1 304 700 $ 1 299 500 $ 1 295 200 $ 1 291 000 $ 1 290 900 $ 1 293 700 $ 1 296 600 $ 1 290 500 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 Animal Control 800 800 800 800 800 800 800 800 800 800 e Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 Greenbelt 123 600 124 900 126 200 127 500 128 800 130 100 131 400 132 800 134 200 135 600 Contingency @ 5 percent 67,000 64,000 64,000 56,000 57,000 57,000 57,000 58,000 59,000 59,000 Total $ 1 348 600 $ 1 278 500 $ 1 283 600 $ 1 121 800 $ 1 131 300 $ 1 142 600 $ 1 147 900 $ 1 161 600 $ 1 171 100 $ 1 182 800 Net Revenue $ (72 300) $ 32 500 $ 21 100 $ 177 700 $ 163 900 $ 148 400 $ 143 000 $ 132 100 $ 125 500 $ 107 700 Net Revenue/Costs (5/) 3/ 2/ 16/ 14/ 13/ 12/ 11/ 11/ 9/ General Fund Operating Reserve $ (72 300) $ (39 800) $ (18 700) $ 159 000 $ 322 900 $ 471 300 $ 614 300 $ 746 400 $ 871 900 $ 979 600 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ 56,800 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) ins+ Net Revenue/Costs (50/) (50/) (50/) (50/) (50/) (50/) (50/) (52/) (52/) (52/) Net Revenue All Funds $ (131 000) $ (26 200) $ (37 600) $ 119 000 $ 105 200 $ 89 700 $ 84 300 $ 70 400 $ 63 800 $ 46 000 Net Revenue/Costs (9/) (2/) (3/) 10/ 6/ 7/ 7/ 5/ 5/ 4/ Operating Reserve All Funds (131 000) (98 500) (77 400) 100 300 264 200 412 600 555 600 684 700 810 200 917 900 Reserve/of Revenues (10/) (7/) (6/) 7/ 19/ 311 411 511 60/ 68/ u T Source Willdan Financial Ser ces WILLDAN 11 Final Draft Sunset Beach Prelzmznary Feaszbzlzty Analysis e Table E 5 Net Revenue Detail Scenario 3 Maximum Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Parking Meters 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 Junior Lifeguards 40 000 40 000 40 000 40 000 40 000 Use of Money&Property 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 Total $ 1 479 800 $ 1 514 500 $ 1 508 200 $ 1 503 000 $ 1 498 700 $ 1 534 500 $ 1 534 400 $ 1 537 200 $ 1 540 100 $ 1 534 000 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 Animal Control 800 800 800 800 800 800 800 800 800 800 e Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 Greenbelt 123 600 124 900 126 200 127 500 128 800 130 100 131 400 132 800 134 200 135 600 Beach Maintenance 113 000 55 600 56 200 56 800 57 400 Lifeguards 449 000 310 100 313 200 316 300 319 500 Contingency @ 5 percent 67,000 64,000 64,000 56,000 57,000 87,000 77,000 78,000 78,000 79,000 Total $ 1 348 600 $ 1 278 500 $ 1 283 600 $ 1 121 800 $ 1 131 300 $ 1 734 600 $ 1 533 600 $ 1 551 000 $ 1 563 200 $ 1 579 700 Net Revenue $ 131 200 $ 236 000 $ 224 600 $ 381 200 $ 367 400 $ (200 100) $ 800 $ (13 800) $ (23 100) $ (45 700) Net Revenue/Costs 10/ 18/ 17/ 34/ 32/ (12/) 0/ (1/) (1/) (3/) General Fund Operating Reserve $ 131 200 $ 367 200 $ 591 800 $ 973 000 $ 1 340 400 $ 1 140 300 $ 1 141 100 $ 1 127 300 $ 1 104 200 $ 1 058 500 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ WHO Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) Net Revenue/Costs (50/) (50/) (50/) (50/) (50/) (50/) (50/) (52/) (52/) (52/) Net Revenue All Funds $ 72 500 $ 177 300 $ 165 900 $ 322 500 $ 308 700 $ (258 800) $ (57 900) $ (75 500) $ (84 800) $ (107 400) Net Revenue/Costs 5/ 13/ 12/ 26/ 25/ (14/) (4/) (5/) (5/) (6/) Operating Reserve All Funds $ 72 500 $ 308 500 $ 533 100 $ 914 300 $ 1 281 700 $ 1 081 600 $ 1 082 400 $ 1 065 600 $ 1 042 500 $ 996 800 Reserve/of Revenues 5/ 20/ 34/ 59/ 82/ 68/ 68/ 67/ 65/ 63/ S c Wild F Ise, WI LLDAN 12 Financial Se"ces 1 . Introduction This chapter provides background on the community of Sunset Beach and explains the reasons for and objectives of this study The analysis presented here is not intended to be a comprehensive fiscal analysis (CFA) as would be required by the Local Agency Formation Commission (LAFCo) for an actual incorporation application Rather, the intent of this study is to provide an initial fiscal analysis in order to determine of proceeding with an incorporation application is advisable LAFCo guidelines for an incorporation application were referenced and generally used as the basis for the initial analysis For example per the LAFCo guidelines analysis was based on the latest available Orange County budget actuals (fiscal year 2008-09 at the time the analysis was conducted) Some simphfying assumptions were made regarding County revenues and cost of services Background Sunset Beach is a small beach community in Orange County The community has approximately 1 300 residents and 340 Jobs today It is located just south of the City of Seal Beach and west of the City of Huntington Beach The community is primarily residential though local serving retail land uses can be found along Pacific Coast Highway The community is largely built-out but occasionally older properties are renovated or demolished and replaced with newer structures This report will evaluate whether the incorporation of this community is fiscally feasible The benefits of incorporation include ® Local control of property and local sales taxes • Local control over land use policy • Local control over public facilities and infrastructure ® Local control over services such as public safety and ® Maintenance of community identity without risk of annexation by neighboring cities Assumptions This analysis evaluates the feasibility of a new city government The assumed effective date of incorporation is July 1 2011 The results presented in this report show forecasted revenues and expenditures of the proposed new city for the first ten years of operation FY 2011 12 (transition vear) through FY 2020-21 Incorporation Scenarios This PFA includes three service delivery scenarios The boundaries analyzed remain consistent among each service debvery scenario F""'I LLDAVN I 13 d anc al S-r ices -513- Item 19 - Page 67 Final Draft Sunset Beach Preliminary Feasibility Analysis Cost and Revenue Assumptions This study focuses on ongoing (operating and maintenance) costs to provide service to the community of Sunset Beach Ongoing costs are typically the focus of fiscal analysis because of the need for public agencies to generate a balanced budget on an annual basis A suggested staffing plan is presented based on Willdan's experience with other cities Other service costs are presented based on an analysis of the County budget Real(Constant 2009)Dollars All model results are calculated in real (2009 constant) dollars, because inflation is assumed to equally affect both revenues and costs going forward Revenues for the new city are based on the most current understanding of rates tax bases and yields of each revenue type Because no development is projected to occur in the study area and population remains unchanged during the planning horizon most revenues are static in real dollar terms There are two exceptions to this rule Vehicle license fee revenues are set by statutory formula for newly incorporated cities And property tax is adjusted according to the combined factors of real estate appreciation a steady rate of turnover of property and limits on assessed valuation defined by Proposition 13 Some cost factors including salary rates and contract costs include a one-percent annual real increase or one percent greater than inflation For personnel costs this increase reflects standard public agency compensation policies that provide increases for length of service (often called step increases) These increases can average five percent annually in addition to cost of living increases (inflation) but when a new employee is lured the salary drops back to the first step Assuming a one percent real increase in personnel and contract costs (before inflation) is reasonable based on analysis of these costs from other cities Capital Improvement Costs This analysis evaluates the fiscal feasibility of ongoing operations under the new city s General Fund and Road Fund It does not evaluate the need for or financing of capital improvements The transfer of potential impact fee revenues is subject to negotiations between the new city and the County Revenue Neutrality As indicated in California Government Code section 56845 the incorporation of a new city should not generate a negative fiscal impact on the affected county Fiscal impact is determined by comparing the revenues and service delivery costs transferred from the County to the new city If the revenues transferred by Orange County to the new city are greater than the current cost of services transferred the incorporation would generate a negative fiscal impact on the County In that case the new city may be obligated by LAFCO to make revenue neutrality payments to the County This initial fiscal review does not analyze the fiscal impacts of the incorporation on Orange Countv to determine the effect of this revenue neutrality provision of State law In particular to the extent that the new city would be fiscally positive with estimated revenues greater than estimated costs it is likely that the fiscal impact on the County would be negative This WILLDAN F nenc al Se�rce 14 Item 19 - Page 68 -514- Final Draft Sunset Beach Preliminary Feasibility Analysis case would necessitate fiscal neutrality payments by the new city to the County and reduce the positive fiscal outlook for the new city Thus the findings of this analysis could be significantly affected to the extent that 1 AFCO requires the new city to make revenue neutrality payments to the County ,/WILLDAN I 15 Fnwic al Se rces -515- Item 19 - Page 69 Population and Employment This chapter describes the existing and projected population and employment in Sunset Beach Existing Development Table 2 1 shows the estimates of 2009 resident population employees and service population in four areas countywide for the unincorporated area only and for the two incorporation scenarios The existing-resident population estimate of 1,319 is based on the estimate used by Orange County LAFCo in the most recent Municipal Service Review (MSR) study completed in 2005 The estimates of employees working within the boundaries of the plan were provided by the State of California Employment Development Department (EDD) wage and salary survey data (First Quarter 2009) Service population is comprised of the individuals utilizing a particular county or city service Different services have different service populations Some services serve residents only Others also serve commercial and industrial development and emploN ees are used as a proxy In order to estimate the impact of commercial development on services that are assumed to benefit commercial as well as residential uses employees are weighted at a factor of 0 31 This number is calculated based on the average number of work hours in a week over the total number of non-work hours in a week (40 / 128 = 0 31) Table 2 1 Current Service Population (2009) County New City Unincorp Countywide Residents (A) 119 480 3 139 017 1 319 Employees (B)' 46 900 1 231 046 343 Weighted Employees @ 0 31 (C = B x 0 31) 14,500 381,600 106 Total (D=A+C) 134 000 3 520 600 1 425 Unincorporated employees estimated based on Countywide ratio of residents to employees Sources California Department of Finance E 5 City/County Population and Housing Estimates 2009 California Employment Development Department Willdan Financial Services Development and Projected Service Population This studv does not assume that any new development will occur in Sunset Beach in the ten year timeframe of the analysis As such the service population for Sunset Beach as shown in Table 2 1 is expected to remain constant throughout the ten vear timeframe of the analysis ,O/WILLDAN F nano I semces I 16 (tern 19 - Page 70 -516- 3 Service Plan & Methodology a The purpose of this chapter is to describe key budget assumptions and estimating methods used in the PFA Municipal Services Analysis and Plan Analysis of the new city s revenues and costs requires identifying current municipal service providers within the incorporation area boundaries and likely providers under incorporation Those services that will be transferred to the new city form the basis for the cost of services analysis presented in the following chapter (Chapter 4) and affect calculation of the property tax transferred from the County (see Chapter 5) Three different service delivery plans are examined in this analysis Current Service Providers The County currently provides general government animal control, public safety and public works (including road maintenance) services The City of Huntington Beach provides water services The Sunset Beach Sanitary District (SBSD) provides sewer solid waste and refuse services (via contract with Rainbow Disposal) Various private utility companies provide electric gas and telecommunication services The Orange County Fire Authority (OCFA) provides fire protection services Orange County Harbors Beaches and Parks provides beach maintenance lifeguard and other beach related maintenance services Table 3 1 shows the current and future service providers examined in this analysis Projected Future Service Providers As shown in Table 3 1 many of the current service providers are projected to remain unchanged These include utility service providers (e g, electric gas and telecommunications) and some public agencies (e g OCFA libraries) This study examines three different scenarios for the provision of municipal services Scenario 1 Scenario 2 and Scenario 3 Each successive scenario analyzed adds different services to the responsibility of the new city ® Scenario 1 (Limited Services Scenario) the new city assumes responsibility for general government services including the creation of a city council for governance and other administrative functions, and contracts for police and public works services The Sunset Beach Sanitary District is assumed to administer a contract with the County to maintain the greenbelt parking areas and restroom maintenance ® Scenario 2 (Preferred Services Scenario) the new city adds maintenance of the greenbelt and restrooms along North and South Pacific Avenue to the services it provides Under this scenario the County would realize costs savings as it would no longer be responsible for maintaining the greenbelt and restrooms ® Scenario 3 (Maximum Services Scenario) the new adds responsibility for beach maintenance including lifeguard beginning in year 6 of cityhood The delay in the transfer of this service will allow the new city five years to accrue fund WILI.DAN ( 17 F nanc al Services -517- Item 19 - Paige 71 Final Draft Sunset Beach Preliminary Feasibility Analysis balances to fund the initial costs of the additional services The new city would assume ownership of the beach and greenbelt It is understood that the County would complete the improvements to the Warner parking lot necessary to collect parking fees Additionally, the County would transfer its beach cleaning equipment specific to Sunset Beach to the new city This analysis assumes that the city will contract with the County or a private entity for a number of services including animal control and road maintenance It is common for newly incorporated cities in Orange County to contract for these services with the County to maintain the service levels to which residents and business are accustomed WILLDAN V_. Finzi%al Se ces 18 Item 19 - Page 72 -518- P, , Draj t Sunset Beach Preliminary Feasibility AItalyszs Table 3 1 Current and Projected Future Service Providers Scenario 1 Scenario 2 Scenario 3 Service Current Provider Limited Services Preferred Services Maximum Services Electric and Gas Private utility companies No change No change No change Fire Orange County Fire Authority No change No change No change (Administrator) City of Huntington Beach(Responder) General Government County General Fund City City City Library County Library(in Seal Beach) No change No change No change Beach Ownership/Insurance County Harbors Beaches and No change No change City(beginning in year 6) Parks Beach Maintenance County Harbors Beaches and No change No change City(contract with Seal Beach Parks beginning in year 6)2 Parking Medians and Restroom County Harbors Beaches and No change City City' Ownership Parks Parking Medians and Restroom County Harbors Beaches and No change City City Maintenance Parks Lifeguard Services County Harbors Beaches and No change No change City(contract with Seal Beach Parks contract beginning in year 6)2 g Police County General Fund City(contract with Seal Beach)2 City(contract with Seal Beach)2 City(contract with Seal Beach)2 Public Works County General Fund City(contract with County) City(contract with County) City(contract with County) Sewer and Refuse Sunset Beach Sanitary District No change No change No change Telecommunications Private telecom companies No change No change No change Water City of Huntington Beach No change No change No change County to install parkinq equipment 2 To contract with the City of Seal Beach for these services would require approval by the Seal Beach City Council Sources Sunset Beach Community Association Willdan Financial Services 0 AA/ W ILLDAN 1 19 F nanc al Servxe s W Final Draft Sunset Beach Preliminary Feasibility Analysis Revenue and Cost Estimating Methodologies The two methodologies used to estimate revenues and costs for the new city are the per capita methodologv and the case study methodology More significant base year cost and revenue components were developed based on case study analysis provided by the service provider Per Capita Method The per capita modeling method represents current average countywide (or unincorporated area) cost of service or revenue This approach is used for services and revenues that likely would not vary substantially from current county average costs when transferred to the new city This approach is also used to estimate costs and revenues when data specific to the area being studied is not available Per capita factors are calculated by dividing net cost (or revenue) by the service population receiving the service (or generating the revenue) Per capita factors are based on ® The most recent Orange Countv budget actuals for FY 2008-09 and ® Current countywide service population (for countywide services and revenues) or unincorporated area service population (for services and revenues only pertaining to the unincorporated area) Service population includes current residents and when applicable emplovment Employees are weighted according to the service demand or revenue generation from nonresidential development compared to residential development on a per capita basis Long-range planning studies typically use a common weighting applied to all services and revenues analyzed on a per capita basis that have both a residential and nonresidential component Gathering and analyzing data on service demand and revenue generation is a time-intensive and costly effort Prior analysis of service demand and revenue generation data has not suggested any common factors that seem to apply consistently across multiple jurisdictions Furthermore the weighting factor does not affect results significantly because (1) costs and revenues receive similar weights so net fiscal impacts change little if weighting factors change and (2) costs and revenues that could have a significant impact are analyzed individuallv using a case study anahsis (see below) For the purposes of this study we use a weighting factor of 0 31 employees per resident The weighting factor is applied consistently across all costs and revenues that have both a resident and employment component The factor is based on the number of work hours per week (40) divided by the number of non-work hours in a week (128) to reflect the demand placed by businesses on municipal services relative to residents The factor assumes that businesses primarily demand public services during business hours while demand by residents is more constant throughout a 24 hour period For the purposes of this study the per capita method is used for all revenue estimates except charges for service property tax sales tax property transfer tax utihty users tax and transient occupancv tax Those revenue sources are analyzed with the case studv method (see below) Property tax estimates do relv on the per capita method to estimate current net county costs to the incorporation area a component of the property tax analysis Charges for W I LLDAN F nan al Se ces 20 Item 19 - Page 74 -520- Final Draft Sunset Beach Preliminary Feasibility Analysts services revenues are based on the assumed recovery of 80 percent of development services costs through fees charged for those particular services Case Study Method For service costs and revenues that could vary substantially from current average per capita levels a case study method is used The case study method uses data associated with the specific geographic area being studied rather than current countywide or unincorporated area averages In some cases this analysis relies on estimated contract costs provided by potential future service providers The method used may vary depending on the specific cost or revenue For the purposes of this study the case study method is used for all cost estimates and as mentioned above the property sales transient occupancy and property transfer tax analyses WILLDAN I Financ at Se rce 21 -521- Item 19 - Page 75 Analysis 4 g Cost This chapter describes the methodologies used to estimate the cost of services to the new city It discusses levels of service presents a proposed municipal staffing plan and associated personnel costs identifies non personnel costs pertaining to services and summarizes total estimated costs This study focuses on ongoing (operating and maintenance) costs to provide service to the proposed City of Sunset Beach Ongoing costs are typically the focus of fiscal analysis because of the requirement for public agencies to generate a balanced budget on an annual basis A suggested staffing plan is presented Other service costs are presented based on an analysis of the County budget Onetime costs due to the incorporation where applicable are identified Service Levels For the purposes of this analysis service levels are assumed to remain consistent with current levels provided by the County to the community of Sunset Beach Service levels and costs are based on the County s most recently available actual expenditure data for FY 2008-09 If the municipal services plan anticipates that the new city will contract back with the County for a particular service then the analysis estimates contract costs to maintain the existing level of service If the County currently provides limited services to the unincorporated areas to be consistent this analysis assumes that the cost of these services to the new city will reflect the current limited level of sen,ice To the extent that this analysis indicates that the new city may have an operating surplus, the new city council could designate the surplus towards increasing existing levels of service and/or adding the responsibility of providing other services Proposed Staffing Plan The proposed staffing plan shown below in Table 4 1 was developed by Willdan based on its experience with contract cities including many recently incorporated cities throughout the state I^or all of the following tables the start vear ( Year 1 ) is envisioned to be FY 2011 12 Salaries shown are in constant (2009) dollars Future year salaries assume a real annual inflation rate of one percent FTEs per 1 000 resident population are also shown at the bottom of Table 4 1 ,�WILLDAN F nwc al Ser cea 22 Item 19 - Page 76 -522- F Drart Sunset Beach Prehrninary Feaszbihty h ysts Table 4 1 Proposed Staffing by Full Time Equivalent(FTE) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 City Manager(Half Time) City Manager 05 05 05 05 05 05 05 05 05 05 Assistant City Manger/City Clerk Assistant City Manger//City Clerk 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 City Treasurer(Half Time) City Treasurer 05 05 05 05 05 05 05 05 05 05 Development Services(Contract One day per week) Senior Planner(contract) 02 02 02 02 02 02 02 02 02 02 City Engineer/Traffic Engineer(contract) 02 02 02 02 02 02 02 02 02 02 Building Inspector/Code Enforcement(contract) 02 02 02 02 02 02 02 02 02 02 Subtotal 06 06 06 06 06 06 06 06 06 06 TOTAL 26 26 26 26 26 26 26 26 26 26 FTE per 1 000 resident population 20 20 20 20 20 20 20 20 20 20 Notes All positions are directly employed by City unless noted as contract A staffing level of 0 5 FTE indicates a half time position and a staffing level of 0 2 FTE indicates a contract employee working one day per week Sources Willdan Financial Services Table 4 2 Annual Salary&Contract Employee Expense (Per FTE) Contract Rate/Hr 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 City Manager 6f full time) City Manager $ 120 000 $ 121 000 $ 122 000 $ 123 000 $ 124 000 $ 125 200 $ 126 500 $ 127 800 $ 129 100 $ 130 400 Assistant City Manger/City Clerk 6f full time) Assistant City Manger//City Clerk $ 52 000 $ 53 000 $ 54 000 $ 55 000 $ 56 000 $ 56 600 $ 57 200 $ 57 800 $ 58 400 $ 59 000 City Treasurer(if full time) City Treasurer $ 65 000 $ 66 000 $ 67 000 $ 68 000 $ 69 000 $ 70 000 $ 71 000 $ 72 000 $ 73 000 $ 74 000 Development Services' Senior Planner(contract) $ 130 City Engineer/Traffic Engineer(contract) 180 Building Inspector/Code Enforcement(contract) 110 Annual real salary&contract cost increase 1 00/0 p Hours/year for contract salary 2080 3 It is envisioned that the city will only employ three staff members permanently a half time city manager a full time assistant c ty manager/city clerk and a halftime city treasurer The city s other staff needs will be filled as contract positions S urce C ty of Villa Park Wiildan F nano al Services 1 I� WII LDAN 23 Final Draft Sunset Beach Preliminary Feasibility Analysis Table 4 2 shows the estimated salaries for these positions or the hourly wage for contract employees It is envisioned that the city will only employ three staff members permanently a half time city manager, a full time assistant city manager/city clerk and a half time city treasurer The city s other staff needs will be filled as contract positions It is envisioned that development services positions will only be needed on a limited basis because no major development except for demolition and renovation is expected in the community As such it is assumed that these positions will be filled with contract staff Contract rates are based on Willdan Engineering s 2008 2009 contract rate schedule Note that contract employees will not receive city salaried position benefits and therefore the hourly cost shown is relatively high to compensate for the lack of a benefits package and no salary estimate is needed Real cost increases (cost increases above inflation) are assumed at one percent per year for both salary and contract cost increases The city benefits rate is estimated to add 30 percent to the annual cost of salaried positions based on an analysis of comparable cities Total estimated personnel costs including contract personnel costs and benefits for city employees are shown in Table 4 3 Ak/WILLDAN ( F anc ,Se Vice 24 Item 19 - Page 78 -524- I D, L Sunset Beach Prehmtnary Feasibility, ysts Table 4 3 Estimated Personnel &Contract Employee Costs Benefits Department Rate' 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 C{tv Manager City Manager 30 00/ $ 78 000 $ 79 000 $ 79 000 $ 80 000 $ 81 000 $ 81 000 $ 82 000 $ 83 000 $ 84 000 $ 85 000 Assistant City Manger/City Clerk Assistant City Manger/City Clerk 30 000/ $ 68 000 $ 69 000 $ 70 000 $ 72 000 $ 73 000 $ 74 000 $ 74 000 $ 75 000 $ 76 000 $ 77 000 Clty Treasurer City Treasurer 30 00/o $ 42 000 $ 43 000 $ 44 000 $ 44 000 $ 45 000 $ 46 000 $ 46 000 $ 47 000 $ 47 000 $ 48 000 Development Services City Planner(contract) 0 00/ $ 54 000 $ 55 000 $ 55 000 $ 56 000 $ 56 000 $ 57 000 $ 57 000 $ 58 000 $ 59 000 $ 59 000 City Traffic Engineer(contract) 0 00/ 75 000 76 000 76 000 77 000 78 000 79 000 79 000 80 000 81 000 82 000 Building Inspector(contract) 0 00/0 46 000 46 000 47 000 47 000 48 000 48 000 49 000 49 000 50 000 50 000 Subtotal $ 175 000 $ 177 000 $ 178 000 $ 180 000 $ 182 000 $ 184 000 $ 185 000 $ 187 000 $ 190 000 $ 191 000 TOTAL $ 363 000 $ 368 000 $ 371 000 $ 376 000 $ 381 000 $ 385 000 $ 387 000 $ 392 000 $ 397 000 $ 401 000 i Percent of salary o Sources Tables 4 1 and 4 2 Willdan Financial Services t� WILLDAN 25 F nanciat Starv€cis Final Draft Sunset Beach Preliminary Feasibility Analysts Other (Non-Personnel) Costs Other non personnel cost assumptions are described below and displayed in Table 4 5 City Council The new city will be responsible for electing a City Council The costs associated with the City Council include travel training and other miscellaneous expenses The annual cost for the City Council is estimated to be $17 500 and is comparable to other similar cities in the state Police Services It is common for a newly incorporated city to contract for police services Several neighboring cities and the Orange County Sheriff Department provided estimates of service costs for police services (including patrol and investigation) to maintain the existing level of service in the community of Sunset Beach The Sheriff estimated that six sworn officers would be required to serve Sunset Beach but also provided a cost estimate for providing four officers at a lower level of service It is unclear how much of the six officer's time will be spent specifically in Sunset Beach because those officers will also respond to calls in other unincorporated communities also served by the sheriff The City of Seal Beach provided two planning level cost estimates for providing police services to Sunset Beach one at two officers and the other at three officers and a detective The cost estimates are not intended to be finalized contract cost estimates and the Seal Beach City Council would need to approve any police service contract offered to Sunset Beach The costs included in this analysis are based on the cost for providing two officers to Sunset Beach in the August 10 2009 staff report Council Consideration — Sunset Beach Annexation The level of service provided by three officers and one detective by Seal Beach is higher than the level of service currently provided in Sunset Beach The level of service provided by two officers may be roughly comparable to the existing service level provided by the Sheriff however because of the ambiguity of the sheriff's data with regards to officers assigned to Sunset Beach responding to calls outside of the area the actual existing level of service cannot be estimated ,Animal Control Animal control costs are estimated for Sunset Beach based on the OC Animal Service budget The costs are translated into a cost per capita contract cost The cost per capita is applied to the Sunset Beach service population to determine an annual cost for animal services Non-Departmental Casts Significant non departmental costs include the cost to prepare a General Plan the cost of services that are assumed will be contracted back to Orange County) the cost of leased office space and of special and regular elections It is assumed the new city will purchase the existing fire station from OCFA to use as a city hall and hold council meetings In lieu of leasing office space for city hall the cost of financing the purchase of the fire station and utilities for city hall is included in the analysis There may be some additional costs incurred WI LLDAN I 26 E nanc at Se"ces Item 19 - Page 80 -526- Final Draft Sunset Beach Preliminary Feasibility Analysts to bring the facility up to local seismic and American Disability Act (ADA) standards The determination of such costs is beyond the scope of this study {greenbelt, Restrooms and Parking Lot Celts Scenarios 1 and 3 include cost of maintaining the greenbelt restrooms and parking lots as part of the new city's responsibilities The cost for maintaining the restrooms was estimated based on data provided by OC Parks Greenbelt landscaping and sprinkler costs are estimated based on the existing contract costs between the County and a private service provider Costs include trash pickup The cost of utilities to serve the greenbelt and restrooms was provided by OC Parks Beach Maintenance The cost of maintaining the beach were compiled from several sources The transfer of these costs is only included in Scenario 3 The cost of beach cleaning was provided by Seal Beach The cost of sand replenishment was provided by OC Harbors, Beaches and Parks based on costs incurred in October 2009 Replenishment occurs every five to seven years For the purposes of this analysis it is assumed that beach maintenance services will remain the responsibility of the County through the fifth year of cityhood at which point those services will be transferred to the Citti of Sunset Beach Lifeguards The cost of providing life guard services were provided by the City of Seal Beach The transfer of these costs is only included in Scenario 3 It is assumed that the City of Sunset Beach would contract with the City of Seal Beach for this service For the purposes of this analysis it is assumed that lifeguard service provision will remain with the County through the fifth year of cityhood at which point the responsibility for the provision of lifeguard services will be transferred to the Citv of Sunset Beach Road, Traffic Signal and Streetlight Maintenance Costs The estimated cost of road traffic signal and streetlight maintenance services is based on County s per lane mile and per signal unit costs provided by the County to LAFCo for use in LAFCo s July 8 2009 hearing regarding the Huntington Beach sphere of influence The community of Sunset Beach contains 3 98 lane miles of roadways 5 signals and 102 streetlights The annual combined cost for maintenance is $118 500 Sunset Beach receives much less traffic than most other urbanized parts of the County and lower maintenance costs may appl} in Sunset Beach relative to the average cost countywide Streets in Sunset Beach are smaller than the typical streets found elsewhere in the County In the CFA that will be prepared these road traffic signal and streetlight costs should be reNiewed and adjusted to fit maintenance cycles expected for Sunset Beach By relying on countywide averages this PFA uses a more consern ative method of cost estimation to minimize that chance that the PFA underestimates the true cost Additionally the County allocated fund to repave the streets nn the community North and South Pacific Avenue were repaved but the side streets we note It is understood that the County is still committed to repa`ing the side streets in the near future WILLDAN 27 -527- Item 19 - Page 81 Final Draft Sunset Beach Preliminary Feasibility Analysis Total Costs Total costs including estimated personnel and contract employee costs (Table 4 3) and non- personnel costs (Tables 4 4) are summarized in Table 4 5 These costs along with a five percent contingency for General Fund related costs are also shown in the summary tables in the Executive Summary (Tables E 1 E 2 and E 3) and in Chapter 6 (Tables 6 1 6 2 and 6 3) /WILI_DAN 9 C al Se tc£s I 28 Item 19 e Page 82 -528- h wL Draft �urrset Rer rb Preliminary Feasibility i alysis Table 4 4 Non Personnel Costs Year Year Year Year Yea 5 Year Year Year Year Yea 10 Cost Factor 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 City C uncl - - - - Council Members 5 members Stipend $ 100 per member/month $ 6 000 $ 6 000 $ 6 000 $ 6 000 $ 6 p00 $ 6 000 $ 6 000 $ 6 000 $ 6 000 $ 6 000 Travel $ 1 000 per member 5 000 5 000 5 000 5 000 5 000 5 000 5 000 5 000 5 000 5 000 Training $ 2 500 per year 2 500 2 500 2 500 2 500 2 500 2 500 2 500 2 500 2 500 2 500 All Other $ 4000 peryear 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 Subtotal $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 C ty Menace All Other 5/salaries $ 3 900 $ 4 000 $ 1t 000 $ 4 000 $ 4 100 $ 4 100 $ 4 100 $ 4200 $ 4200 $ 4 300 Cdv AN mey Rate nor Similar cities $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 Ass/sta t City Manager/City C/ k Elections $ 2000 per election $ $ 2000 $ $ 2000 $ $ 2000 $ $ 2000 $ $ 2000 All Other 5/ salaries 3,400 3,500 3.500 3,600 3,700 3,700 3,700 3.800 3,800 3,900 Subtotal $ 3 000 $ 6 000 $ 4 000 $ 6 000 $ 4 000 $ 6 000 $ 4 000 $ 6 000 $ 4 000 $ 6 000 City Treasurer All Other 5/ salaries $ 2 100 $ 2200 $ 2200 $ 2200 $ 2 300 $ 2 300 $ 2 300 $ 2 400 $ 2 400 $ 2 400 Development Services General Plan $ 500 000 over 3 years $ 167 000 $ 167 000 $ 166 000 All Other 5/ salaries 8,800 8,900 8,900 9.000 9,100 9,200 9,300 9,400 9,500 9,600 Subtotal $ 175 800 $ 175 900 $ 174 900 $ 9 000 $ 9 100 $ 9200 $ 9 300 $ 9 400 $ 9 500 $ 9 600 Porte Sheriff(contract) 1 0/ real annual nc ease $ 374 500 $ 378 200 $ 382 000 $ 385 800 $ 389 700 $ 393 600 $ 397 500 $ 401 500 $ 405 500 $ 409 600 Startup Costs $ 70 000 one time cost 70.000 Subl tal $ 444 500 $ 378 200 $ 382 000 $ 385 800 $ 389 700 $ 393 600 $ 397 500 $ 401 500 $ 405 500 $ 409 600 A mal Control(co tract) 1 0/ real annual Increase $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ Boo $ 800 $ 800 Non Departmental Fire Station/City Hall Purchase' 6/ Interest loan $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 $ 15 000 Utllltl s $ 17 000 per year 17 000 17 000 17 000 17 000 17 000 17 000 17 000 17 000 17 000 17 000 Furnishings Equipment & A Computers(start up) $ 4 000 per employee 10 400 N Insurance Similar cities 60,000 60.000 60.000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 Subtotal $ 102 400 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 G eenbe/t.Restrooms.Parking Lot s Janitorial for 5 new Restrooms 1 0/ real annual increase $ 21 000 $ 21 200 $ 21 400 $ 21 600 $ 21 800 $ 22 000 $ 22 200 $ 22 400 $ 22 600 $ 22 800 Landscaping and Sprinklers 1 0/real annual increase 45 000 45 500 46 000 46 500 47 000 47 500 48 000 48 500 49 000 49 500 Trash Disposal 1 0/ real annual increase 15 000 15 200 15 400 15 600 15 800 16 000 16 200 16 400 i6 600 16 800 Utilities 1 0/ real annual me ease 42,600 43,000 43,400 43,800 44,200 44,600 45,000 45,500 46,000 46,500 Subtotal $ 123 600 $ 124 900 $ 126 200 $ 127 500 $ 128 800 $ 130 100 $ 131 400 $ 132 800 $ 134 200 $ 135 600 Beach Maintenance Trash Disposal 1 0/ real annual increase $ $ $ $ $ $ 15 000 $ 15 200 $ 15 400 $ 15 600 $ 15 800 Sand Replentishment 58 000 Beach Cleaning 1 0/ real annual Increase 40,000 40,400 40 800 41,200 41,600 Subtotal $ $ $ $ $ $ 113 000 $ 55 600 $ 56 200 $ 56 800 $ 57 400 Lifecuards Annual Cost 1 0/ real annual increase $ $ $ $ $ $ 307 000 $ 310 100 $ 313 200 $ 316 300 $ 319 500 Start Up Costs $ 142 000 one time cost 142,000 Subtot I $ $ $ $ $ $ 449 000 $ 310 100 $ 313 200 $ 316 300 $ 319 500 Public Works Road Maintenance Cost $ 24 322 per center I ne mile $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 $ 96 800 Bata Traffc Signal Operation 6 000 annually 5 s gnals 6 000 6 000 6 000 6 000 6 000 6 000 6 000 6 000 6 000 6 000 M' St set Light Operation 15 700 n ally 102 lights 15,700 15,700 15,700 15,700 15,700 15,700 15,700 15,700 15,700 15,700 Subtotal $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 600 $ 118 500 $ 118 500 $ 118 500 N I FTE f It tm q I t t ff C 1 I t if co t I d d p lb dg Is All Oth e I I d ppl m l g M y th de t I w is IA A m G IEI t mbs dy C t tm I f ty f pp in l ly 30 000 p p I I Y/ As m ire It will b P h d If rted t C ty H II A m 30 y f ed t W f$20D 000 with 6/ t t B If g m thly hl ty bill f S is h comm 1 11 If B d OC H m a h d P k h f d pl h hm t Oct b 2009 P OC HBP d pl h hod ry 5 t 7 y wso B d FY2009 p I m I Is P d d by O g C ty LAFC W IJAN M F na ctal services 29 W Final Draft Sunset Beach Preliminary Feasibility Analysts e Table 4 5 Cost Summary Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Department 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund City Council Non Personnel $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager Personnel $ 78 000 $ 79 000 $ 79 000 $ 80 000 $ 81 000 $ 81 000 $ 82 000 $ 83 000 $ 84 000 $ 85 000 Non Personnel 3,900 4,000 4,000 4,000 4,100 4,100 4,100 4,200 4,200 4,300 Subtotal $ 81 900 $ 83 000 $ 83 000 $ 84 000 $ 85 100 $ 85 100 $ 86 100 $ 87 200 $ 88 200 $ 89 300 City Attorney Non Personnel $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 $ 45 000 Assistant City Manager/City Clerk Personnel $ 68 000 $ 69 000 $ 70 000 $ 72 000 $ 73 000 $ 74 000 $ 74 000 $ 75 000 $ 76 000 $ 77 000 Non Personnel 3,000 6,000 4,000 6,000 4,000 6,000 4,000 6,000 4,000 6,000 Subtotal $ 71 000 $ 75 000 $ 74 000 $ 78 000 $ 77 000 $ 80 000 $ 78 000 $ 81 000 $ 80 000 $ 83 000 City Treasurer Personnel $ 42 000 $ 43 000 $ 44 000 $ 44 000 $ 45 000 $ 46 000 $ 46 000 $ 47 000 $ 47 000 $ 48 000 Non Personnel 2,100 2,200 2,200 2,200 2,300 2,300 2,300 2,400 2,400 2,400 Subtotal $ 44 100 $ 45 200 $ 46 200 $ 46 200 $ 47 300 $ 48 300 $ 48 300 $ 49 400 $ 49 400 $ 50 400 Development Services Personnel $ 175 000 $ 177 000 $ 178 000 $ 180 000 $ 182 000 $ 184 000 $ 185 000 $ 187 000 $ 190 000 $ 191 000 Non Personnel 175,800 175,900 174,900 9,000 9,100 9,200 9,300 9,400 9,500 9,600 Subtotal $ 350 800 $ 352 900 $ 352 900 $ 189 000 $ 191 100 $ 193 200 $ 194 300 $ 196 400 $ 199 500 $ 200 600 a (� Police ® Non Personnel $ 444 500 $ 378 200 $ 382 000 $ 385 800 $ 389 700 $ 393 600 $ 397 500 $ 401 500 $ 405 500 $ 409 600 ® Animal Control Non Personnel $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 $ 800 Non Departmental Non Personnel $ 102 400 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 $ 92 000 Greenbelt Restrooms Parking Lot Non Personnel $ 123 600 $ 124 900 $ 126 200 $ 127 500 $ 128 800 $ 130 100 $ 131 400 $ 132 800 $ 134 200 $ 135 600 Beach Maintenance Non Personnel $ $ $ $ $ $ 113 000 $ 55 600 $ 56 200 $ 56 800 $ 57 400 Lifeguards Non Personnel $ $ $ $ $ $ 449 000 $ 310 100 $ 313 200 $ 316 300 $ 319 500 Road Fund Public Works Non Personnel $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 Sources Tables 4 3 and 4 4 W Ildan F nanc al Se ces J Y ILLDAN TV F anc k Sirs,cos 30 5. Revenue Analysis This section describes the methodologies used to estimate revenues for the new city and summarizes the results Property Tax Property tax estimates are based on a projection of real property assessed value multiplied by a local public agency's share of the one percent property tax called a tax allocation factor (TAF) 1 The TAF for the new city is calculated per a statutory formula based on the cost of services transferred to the new city Assessed property value within an area generates property tax for all jurisdictions that serve that area For example in an incorporated area the city general fund, county general fund the public school district and possibly separate fire and recreation and parks district funds would each have a TAF that in sum would equal the one percent tax TAFs may vary by tax rate area within a jurisdiction and are calculated by the—County Auditor-Controller The methodology used in this study to estimate property tax is explained below It must be noted that incorporations result in a redistribution of existing property tax revenue Property taxes do not increase as a result of incorporation Land Use The only land use land use assumption used to estimate assessed value for existing development is the holding period assumption Holding period reflects the length of time property is held prior to re sale when the property is re-assessed at market values A holding period of ten years is assumed for all existing development Assessed Value Assessed value is based on the assessed value of the current building stock and the market value of newly constructed buildings Market value captures the current transactional prices for residential and nonresidential property Assessed value is the value carried on the property tax rolls for calculating property taxes Market value is almost always higher than assessed value because Proposition 13 limits annual increases in assessed value to two percent until the property is resold 2 This Proposition 13 constraint on assessed value requires estimating property tax based on nominal property values and then discounting revenues to exclude inflation Discounting revenues to real dollars (excluding inflation) makes the results consistent with all other revenue and cost estimates generated by the fiscal model The fiscal model assumes a nominal annual property appreciation rate of 6 7 percent The 6 7 percent property appreciation rate is based on an analysis of Federal Housing Agency s 1 Proposition 13 limits the propert` tax to one percent of assessed value unless increased by two thirds toter approval to support bonded debt 2 California Constitution Article YIIIA WILLDAN I 31 F nanc al Ser ices -531- Item 19 - Page 85 Final Draft Sunset Beach Preliminary Feasibility Analysts Housing Price Index (HPI) data The data was examined to determine the annual property appreciation rate in the Santa Ana-Anaheim Irvine CA (MSAD) from 1995 to 2009 — the annualized rate from low point to low point the area s real estate cycles Including the current recession and the recession of the rnid 1990s the average annual appreciation rate is 6 7 percent For the purposes of estimating nominal value inflation is estimated at three percent per year Assessed value for a given year is calculated for each land use type and is the sum of the following two values • Existing assessed value is typically the share of total assessed value from the prior year that is not re sold is increased by the Proposition 13 constraint of two percent The share is based on a 10 year holding period assumption for all existing properties • The share of total market value from the prior year that is re-sold based on the holding period assumptions increased by the nominal annual appreciation rate to the current year Total assessed value is based on the sum of assessed values for all parcels in 2009 based on the County assessors data Total property (assessed value) is shown in Table 5 1 WILLDAN F nanc al Se ces I 32 Item 19 - Page 86 -532- k r J- Sunset Beach Preliminary Feasibility z ysts Table 5 1 Assessed Property Value Y 1 Y 2 Year Y ar4 Ye 5 Year Y a 7 Y a 8 Yea 9 Y a 10 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 A d V l e(nom 1) All Pr p t s Increased at 2/ [A] $313 080 735 $319 342 350 $325 729 197 $332 243 781 $338 888 656 $345 666 429 $352 579 758 $359 631 353 $366 823 980 $374 160 460 $381 643 669 $389 276 542 $397 062 073 All P pe t In r d t 6 7/ 1e1 313 080 735 334 057 144 356 438 973 380 320 384 405 801 850 432 990 574 462 000 942 492 955 005 525 982 991 561 223 851 598 825 849 638 947 181 681 756 642 90/ f P p t do t t no er fC A 90/1 $287 408 115 $293 156 277 $299 019 403 $304 999 791 $311 099 786 $317 321 782 $323 668 218 $330 141 582 $336 744 414 $343 479 302 $350 348 888 $357 355 866 10/ f Prop t d t [D s 10i] 33 405 714 35 643 897 38 032 038 40 580 185 43 299 057 46 200 094 49 295 501 52 598,299 56 122 385 59 882 585 63 894 718 68 175 664 Tot IN m IA ss d Val [e] $320 813 829 $328 800 174 $337 051 441 $345 579 976 $3 54 3 88 844 $363 521 876 $372 9 33 718 $382 739 881 $392 866 799 $403 361 887 $414 243 606 $425 531 530 I fl t 3/o C mp d d llv [F] 1 0000 1 0300 1 0609 1 0927 1 1255 1 1593 1 1941 1 2299 1 2668 1 3048 1 3439 1 3842 1 4258 A s d V 1 !eal) fc e F1 $311 469 737 $309 925 699 $308 449 815 $307 043 332 $305 707 556 $304 443 848 $303 253 633 $302 138 397 $301 099 688 $300 139 126 $299 258 395 $298 459 254 N m I d I f I f d I wh I d I th m I I t d f fl t b k t th b (FY 2009 09) P 1 13 d I 1 m m m f2/p A Iy fm k t I th S t A A h m Iry M5AD d t th t m im k t I p 1 t67/ S F d I H g Ag y H g P I d f th S t A A h Im Iry MSAD 1995 2009 O g C ty A W lid F IS ry _ e Un a mP 3 a WILLDAN 1 33 F 1anc A Services Final Draft Sunset Beach Preliminary Feasibility Analysis Property Tax Allocation Assessed value is multiplied by the one percent property tax rate and then by the tax allocation factor (TAF) applicable to the public agency to calculate property tax in nominal dollars Nominal property tax revenue is discounted back to the present to generate revenue estimates in real (constant 2009) dollars This approach ensures consistency with other model fiscal estimates that are expressed in real dollars In most cases the TAF for a new city upon incorporation is based on the services transferred from existing public agencies to the new city If a service is transferred then propertv tax revenue to fund that service is transferred as well For TAFs dedicated to specific services such as for a fire or park district the entire TAF is transferred to the city if the service is transferred For a county s general fund TAF, only a portion is transferred because while the county transfers some services to the city such as law enforcement it retains other services such as the courts County General Ford Property Tax Allocation The property tax transferred to a new incorporated city from the County s general fund share is based on the following statutory formula (Net county cost) x (Auditor s ratio) = New city property tax revenue in base year Where Net county cost = Total cost of services transferred to the new city from the county net of designated revenues (such as charges for services and restricted tax revenue) and Auditor s ratio = Total general fund property taxes divided by total general fund undesignated revenues To calculate property tax after the base year the County Auditor-Controller calculates the new city s TAF applied to future increases in assessed value is calculated as follows New city property tax in base year One percent of assessed value in base year New city tax allocation factor (new city TAF) Net County Cost The first part of this formula is an estimate of the current net county cost of providing services that will be transferred to the new city Net county costs represent service costs funded by discretionary tax revenues such as property and sales taxes net of all fees charges and transfers Estimated net county costs for the new city are based on both case study analysis and on a per capita cost analysis of actual expenditure data for FY 2008-09 and are shown in Table 5 2 Transferred services include general government development services and sheriff services WILLDAN Fn,,c ISe c� 34 Item 19 a Page 88 -534- Final Draft Sunset Beach Preliminary Feasibility Analysts Table 5 2 Net County Cost (FY09) Service Cost Transferred to Source of FY09 Net County Budget Function/Service New City Transferred Cost Cost General Government Yes Appendix Table A 1 $ 31 067 Public Protection Yes Sheriff Patrol/Investigation Yes Appendix Table A 2 184 253 Animal Services Yes County 500 Development Services (Code Enforcement and Planning) Yes County 6 932 Health Services No Public Assistance No Education No Recreation &Cultural Services No Debt Service No Total $ 222 752 Auditor's Ratio The second part of the formula used to calculate the share of the County s general fund property tax to be transferred to the new city is the Auditors ratio The Auditors ratio represents that share of the net cost of services that is funded by property tax revenues For the purposes of this preliminary fiscal analysis Willdan Financial Services calculated the Auditor's ratio using data from the County s fiscal year 2008 09 budget actuals For the CFA the Auditor s ratio should be calculated directly by the County Auditor County Library and O FA The County Library and OCFA each have their own property tax allocation factors and revenue These tax allocation factors and revenues are excluded from the analysis because library and fire protection services are not assumed to transfer to the new city (See also the municipal services plan discussion in Chapter 3) Tax Allocation Factor Table 5 3 shows the calculated property tax transfer and resulting TAF based on the services transferred to the new city using the formula and assumptions presented above The TAF is the same for all three scenarios i4/WILLDAN I Financial35 Ser ices -535- Item 19 Page 89 Final Draft Sunset Beach Preliminary Feasibility Analysis Table 5 3 Property Tax Transfer Tax Allocation Factors (FY 2009) Transfer of County General Fund Tax Base Total Net County Cost $ 222 752 County Auditors Ratio 80 12% Property Tax Base Transferred $ 178,000 Tax Allocation Factor Assessed Value (FY 2008 09) $ 313 080 735 Property Tax (1% of assessed value) 1 00% Total Property Tax Collected (1% of A V ) $ 3 131 000 Property Tax Base Transferred 178,000 Tax Allocation Factor(General Fund)' 5 69% Note A tax allocation factor or TAF refers to a public agency s share of the one percent property tax For every dollar of property tax revenue collected it is assumed that 5 69 cents will be allocated to Sunset Beach Sources Tables 5 2 and A4 Orange County FY2010 Budget Willdan Financial Services Property Tax Revenue Projections Total estimated General Fund propertv tax revenue is shown in Table 5 4 Other Taxes Several other taxes will pro-,ide revenue to the new city Sales tax is the most important source of revenue from other taxes Property transfer tax and gas tax revenues are also included in the analysis These taxes are discussed below Sales Tax The estimate for annual sales tax reN enue is based on the actual 2008 09 revenue as reported by the County in the City of Seal Beach s August 10 2009 staff report Council Consideration— Sunset Beach Annexation Since no new retail development is projected to occur no increases in sales tax revenue are expected Table 5 5 shows the sales tax revenue estimate of$187 000 per year Property Transfer Tax Propertv transfer tax revenues are estimated using the cumulative estimates of real estate market value and the holding period assumptions discussed in the property tax section above Upon incorporation the new city would evenly split the current County unincorporated area rate of $0 55 per $500 of value on each real estate transaction Tax revenues are calculated as follows ® Land use type to calculate the value of transactions subject to tax in a that year WILLDAN W,4F nanckd Serve 36 Item 19 - Page 90 -536- Final Draft Sunset Beach Prelzinmary Feasibility Analysts o The transaction value is multiplied by the tax rate to calculate tax revenues in current dollars and • Tax revenues are discounted to 2009 dollars to be consistent with the other projections in this study Estimated property transfer tax revenue is shown in Table 5 6 Fina nc al Se a� 37 -537- Item 19 - Page 91 Final Draft Sunset Beach Preliminary Feasibility Analysis 0 Table 5 4 Property Tax Revenue(2009$) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Assessed Value(Table 5 1) ]A] $ 308 449 815 $ 307 043 332 $ 305 707 556 $ 304 443 848 $ 303 253 633 $ 302 138 397 $ 301 099 688 $ 300 139 126 $ 299 258 395 $ 298 459 254 1/ Local Government Share of AV (B A t i] $ 3 084 498 $ 3 070 433 $ 3 057 076 $ 3 044 438 $ 3 032 536 $ 3 021 384 $ 3 010 997 $ 3 001 391 $ 2 992 584 $ 2 984 593 Tax Allocation Factor(Table 5 3) [o] 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ 5 69/ Total Property Tax Revenue [o e c] $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 S T bl 51 d53 Wlid F IS ry Table 5 5 Sales Tax Revenue (2009$) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 E'xistin $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 $ 187,000 Total $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 $ 187 000 e (� Sources County of Orange Wllldan Financial Services cc e Table 5 6 Property Transfer Tax Revenue(2009$) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Nominal Assessed Value Properties Turning Over [Al $ 38 032 038 $40 580 185 $43 299 057 $46 200 094 $49 295 501 $52 598 299 $56 122 385 $59 882 585 $63 894 718 $68 175 664 Inflation' 161 1 0927 1 1255 1 1593 1 1941 1 2299 1 2668 1 3048 1 3439 1 3842 1 4258 Real Assessed Value Properties Turning Over ]c A/e] $ 34 804 703 $36 054 969 $37 350 147 $38 691 852 $40 081 753 $41 521 583 $43 013 135 $44 558 267 $46 158 904 $47 817 039 Property Transfer Tax Rate(Share of Sales Price) [o] 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ 0 0550/ Total Property Transfer Tax Revenue [E c o] $ 19 100 $ 19 800 $ 20 500 $ 21 300 $ 22 000 $ 22 800 $ 23 700 $ 24 500 $ 25 400 $ 26 300 I fl to t mat d t 3/ ally bed n q FY2008 09 S u c s Tabi 51 Wild F c IS ry as uu I L.LIDAN VV r nanc at Services 1 38 Final Draft Sunset Beach Preliminary Feasibility Analysis Transient Occ par y Tax The estimate for annual transient occupancy tax (TOT) revenue is based on the actual 2008 09 revenue as reported in the Seal Beach staff report The revenue is based on a 10% TOT rate the existing rate in the unincorporated County In addition to the existing TOT this analysis assumes that the new city will expand the types of establishments paying TOT to include vacation rentals also at a rate of 10% Based on the vacation rentals in the area this additional TOT re-,enue is conservatively estimated to equal $92 100 per year Table 5 7 details the estimate of TOT revenue for vacation rentals using data compiled by the Sunset Beach Community Association Table 5 7 Transient Occupancy Tax -Vacation Rentals Low Season High Season General Location Weekly Rent Weekly Rent N Pacific Ave $ 3 000 $ 3 500 Ocean Front 1 450 2 500 S Pacific Ave 1 350 2000 Ocean Front 2200 3 400 Ocean Front 1 750 3 450 Numbered Street 1 500 2 700 Numbered Street 2 100 3 150 Ocean Front 2 250 4 500 Ocean Front 5 000 8 000 Ocean Front 3 000 5 000 Harbor 1 300 1 900 Numbered Street 2000 3 000 Ocean Front 4 900 4 900 Ocean Front 3 800 5 000 Ocean Front NA 3 500 $ 35 600 $ 56 500 Average Number of Weeks per Season 10 10 Gross Annual Vacation Rental Revenue $ 356 000 $ 565 000 10%Transient Occupancy Tax Revenue $ 35 600 $ 56 500 Total $ 92100 Source Sunset Beach Community Association www vbro corn In total TOT revenue is estimated at $243 100 per year Annual TOT revenue estimates are shown in Table 5 8 WILLDAN I 39 F nanc at Ser ees -539- Item 19 Page 93 w. Final Draft Sunset Becacb Prelim znary Feasibility Analysis tl� Table 5 8 Transient Occupancy Tax Revenue (2009$) S1 Assumption Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY2009 TOT Revenue Revenue 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Transient Occupancy Tax Vacation Rentals $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 $ 92 100 Existing Transient Occupancy Tax 151 000 151 000 151 000 151 000 151 000 151 000 151 000 151 000 151 000 151 000 151 000 Total Transient Occupancy Tax Revenue $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 $ 243 100 S O g C ty A dt C t II W Ild n F a c IS roc 0 0 WILLC7AN 1- e 40 nancal Sery Final Draft Sunset Beach Preliminary Feaszbzlay Analysts Utility Users Tax The utility users tax (UUT) is a tax imposed on the users of certain utility services UUT is not currently imposed by the County in unincorporated areas However the proposed City of Sunset Beach would like to impose a UUT to supplement existing revenue sources in the event of incorporation To estimate UUT revenue a survey of Sunset Beach resident's and business s utility bills was conducted by the Sunset Beach Community Association Average monthly bills for each-utility and for each land were estimated based on the survey data Table 5 9 contains the survey data The utilities surveyed include electric gas phone (land and cellular), and cable Potential UUT revenue was calculated based on a percentage of the estimated monthly charges for each utility Scenarios 1 and 2 do not require as much revenue to achieve feasibility Consequently UUT revenue for Scenarios 1 was calculated at 5 percent Scenario 2 was calculated at 7 5 percent and UUT revenue for Scenario 3 was calculated at 10 0 percent UUT revenue projections are shown in Table 5 10 WILLDAN 41 F namia3 Se—ces -541- Item 19 - Page 95 tD Final Draft Sunset Beach Preltmtnary Feastbtltty Analysis Table 5 9 Sunset Beach - Utility User Tax Revenue Phone -Total et o r) Land Use Units' Water' Electric Gas Land Phone Cell Cable Total Water4 Average Monthly Bill Single Family $ 31 $ 124 $ 52 $ 99 $ 140 $ 69 $ 515 $ 484 Multi Family 17 109 36 75 65 87 389 372 Commercial 64 420 302 155 334 86 1361 1297 Total Monthly Utility Charges Single Family 225 $ 7 000 $ 27 900 $ 11 700 $ 22 300 $ 31 500 $ 7 800 $ 108 200 $ 101 200 Multi Family 265 4 500 28 900 9 500 19 900 17 200 11 500 91 500 87 000 Commercial 112 7200 47 100 33 800 17 300 37 400 4 800 147 600 140 400 $ 18 700 $ 103 900 $ 55 000 $ 59 500 $ 86 100 $ 24 100 $ 347 300 $ 328 600 Estimated Annual Charges $ 224 400 $1 246 800 $ 660 000 $ 714 000 $1 033 200 $ 289 200 $4 167 600 $3 943 200 Potential Annual UUT Revenue @ 5 0% $ 11 200 $ 62 300 $ 33 000 $ 35 700 $ 51 700 $ 14 500 $ 208 400 $ 197 200 Potential Annual UUT Revenue @ 7 5% 16 800 93 500 49 500 53 600 77 500 21 700 312 600 295 800 Potential Annual UUT Revenue @ 10 0% 22 400 124 700 66 000 71 400 103 300 28 900 416 700 394 300 Note Figures have been rounded 'Estimated based on GIs parcel data e 2 Average water bills shown net of 10/ UUT imposed by the City of Huntington Beach N3 Cable subscribers are assumed to 50/ of households Satellite service is the other 50/ and cannot be taxed by local governments 4 The new city will not charge a UUT on water as Huntington Beach provides that service and already charges a UUT of 10/ Sources Sunset Beach Community Association Wllidan Financial Services Table 5 10 Annual Utilities User s Tax Revenue (FY$2009) Assumption Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY2009 TOT Revenue Revenue 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Utility Users Tax Cc 5Y $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 $ 197 200 Utility Users Tax na 7 5% $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 $ 295 800 Utility Users Tax do 10% $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 $ 394 300 Note See Appendix Table A 6 for a comparison of neighboring citites utilities users tax rates Source Willdan Financial Services ' WILLDAN 1 42 N ran al Sery crag Final Draft Sunset Beach Preliminary Feasibility Analysts Gas Tax Gas tax (highway users tax) revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula Gas tax is a restricted revenue source for road purposes only The gas tax plays an important role in increasing revenues for incorporating or annexing cities without generating a negative fiscal impact on counties The State subvention formula for gas tax does not adjust the share of statewide revenue allocated to counties because of an annexation or incorporation Incorporated or annexed areas receive gas tax revenue from the share of statewide revenue allocated to cities Thus counties are able to transfer costs for road maintenance to new incorporated cities while still retaining this revenue source Different gas tax distributions correlate and are named based on the corresponding California Streets and Highways Code sections For example code sections 2105 2106 2107 and 2107 5 pertain to gas tax distributions made either entirely (2107 2107 5) or partially (2105 2106) to cities 3 Calculations of gas tax distribution are made by the State Controller s office and are fairly complex as described in the code Gas tax distributions are based on population and other factors such as the percentage of registered or exempt vehicles in a city compared to the state and also miles of maintained road Gas tax Section 2107 5 is based on an unadjusted flat rate per year based on city resident population ranges For this analvsis the resulting statewide per capita amounts for FY 2008-09 have been applied for 2105 and 2107 gas tax revenues and the flat rate of$7 500 has been applied for 2107 5 gas tax revenue Revenue from Section 2106 is estimated at $4 800 annually from section (a) Section 2106 (c) revenue is estimated at $3 26 per capita amount estimated based on recent apportionments to the City of Huntington Beach Vehicle License Fees Vehicle License Fee (VLF) revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula Historically VLF played an important role in increasing revenues for incorporating or annexing cities while reducing the potential negative fiscal impacts on counties Prior Law Previously the State subvention formula for VLF did not adjust the share of statewide revenue allocated to counties because of an annexation or incorporation Incorporated or annexed areas received their VLF revenue from the share of statewide revenue allocated to cities Thus counties were able to transfer service costs while still retaining a major revenue source Under the law prior to adoption of the State s FY 2004-05 budget the portion of VLF revenue available for distribution as general revenue to cities and counties was divided in half One half was distributed to cities on a per capita basis and the other half was distributed to counties in a similar manner County distributions were based on countywide 3 Re-,enue from Section 2104 is not included to this anal)sis as it is only allocated to counties not cities WILLDAN , ( 43 F nanc I SA ces -543- Item 19 - Page 97 Final Draft Sunset Beach Preliminary Feasibility Analysis population not lust the population of unincorporated areas Counties and cities received approximately$60 per capita in VLF revenue in FY 2003-04 Importantly for newly incorporated cities prior law allowed the population base for purposes of determining VLF revenue to be calculated based on three times the registered voter population This formula was applied for the first seven years of a new city's existence, following which the formula relies on the same population basis as other cities This approach tended to give new cities additional income than they would have had otherwise because the estimated population using three times registered voters is usually greater than the actual population Starting in FY 2004 05 most of the VLF revenue allocated to cities and all of the revenue allocated to counties is based on assessed value growth instead of population growth in a jurisdiction This revenue is distributed as property tax in lieu of VLF funded by each county s ERAF (educational revenue augmentation fund) account so that existing property tax revenue to local jurisdictions is not affected A significantly smaller portion of the VLF is allocated to cities based on population In total $50 per capita per year in VLF revenue is assumed (before the bonus) is assumed based on data on recent allocations Assembly Bill 1 602 Assembly Bill 1602 (AB 1602) was signed into law in 2006 and restored VLF per capita payments to newly incorporating cities to approximately the same levels as before the VLF— property tax swap As enacted the bill was limited to cities incorporating between the dates of August 5 2004 and July 1 2009 AB 1602 only provides $50 per capita The total would be multiplied by the annual estimated resident population times a factor of 1 5 in the first year of incorporation 1 4 in the second year 1 3 in the third year 12 in the fourth year and 1 1 in the fifth year The base $50 per capita is actually programmed to be adjusted slightly each year as determined by the ratio of the growth of VLF revenue to the increase in State population For the purposes of this analysis it is assumed that the $50 portion of the VLF funding remains at $50 based on the latest data from the State Senate Bill 301 Amendments to the VLF law (Senate Bill 301) were approved in 2008 These amendments extended the date for incorporating cities to qualify for the VLF revenue based on population from July 1 2009 to July 1 2014 Other Revenues The new city will receive revenue from a number of other non tax sources Some revenues are estimated based on per capita calculations consistent with the Orange County budget actuals for FY 2008-09 Some adjustments have been made and are discussed in the following section Franchise Fees This revenue is generated through franchise agreements for services such as cable television Franchise fee revenue was calculated based on an assumption that the new city would enact a 5 0 percent fee of gross receipts for cable gas and electric franchises The same survey data contained in Table 5 9 that was used to calculate UUT revenue was used to estimate franchise fee revenue WILLDAN F an a1 Ser yes ! 44 Item 19 - Page 98 -544- Final Draft Sunset Beach Preliminary Feasibility Analysts Fines, Forfeitures and Penalties Revenue from traffic fines is calculated based on per capita revenue assumptions from other cities in the County It is assumed that $1 66 per resident in revenue is generated per year in fines forfeitures and penalties Charges for Services For the proposed new city, charges for services are calculated based on recovery of costs projected for the development services department Unlike other types of municipal services, planning, development and code enforcement services can often recover up to 100 percent of their costs through fees and charges For the new city revenue from charges for services is based on a cost recovery rate of 80 percent applied to total development services department costs Parking deters - Warner Lot Parking meter revenue is estimated based on 150 metered parking spaces and $685 of revenue per year (parking citation revenue is not included here but it is included in fines forfeitures and penalties above) The figure of revenue per year per parking space is derived from the average revenue and average number of municipally maintained metered spaces in the western region as reported in the National Parking Association's 2009 Parking in America report This figure is well below the parking meter revenue realized by Huntington Beach (approximately $1 600 per space per year) and other beach communities in the region (Manhattan Beach estimated $1 276 per space per year) Despite higher revenue generation per space in the region the $685 per space estimate is a better estimate for Sunset Beach since the community has an absence of a developed beachfront attracting shoppers or people seeking greater dining or entertainment options compared to the other cities surveyed Junior Lifeguards The County currently receives approximately $40,000 per year from its contract with the Junior Lifeguards It is assumed that the new city will also receive this same revenue under Scenario 3 in vear 6 when the new city assumes responsibility for beach maintenance and lifeguard costs Use of Money and Property Revenue from use of money and property is assumed to be equal to one percent of General Fund revenue for a given year Business License Tax Although the County currently does not charge a business license tax the new city may consider imposing such a tax if it wishes to better enforce regulations within the new city s power This analysis assumes that the new city does not adopt a business license tax WILLDAN I 45 Fi.vic al Se we-, -545- Items 19 Page 99 Final Draft Sunset Beach Preliminary Feasibility Analysis Other Tax and Revenue Projections Projections of other taxes and revenues are shown in Table 5 11 It should be noted that not every revenue sources is utilized in every scenario Scenario 1 includes UUT at a rate of 5 percent Scenario 2 at a rate of 7 5 percent and Scenario 3 includes UUT at a rate of 10 0 percent Scenario 3 includes revenue from parking meters WI LLDAN 46 Fina�,c M se��es Item 19 - Page 100 -546- I-i w Draj t Sunset Beach Prelzmznary Feaszbzlzty li nalyszs Table 511 Per Capita and Other Revenue(2009$) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Revenue Assumptions 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Licenses and Permits Resident Base $ 1 66 per resident $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 $ 2200 Franchise Fees Franchise Fees' $ 124 300 per year $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 $ 124 300 Fines&Penalties Traffic Fines&ForfeitureS2 Resident base $ 2 66 per resident $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 $ 3 500 Employee base 0 82 per employee 300 300 300 500 300 300 300 _300 300 300 Total $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 $ 3 800 Charges for Services Development Services 80/ cost recovery rate $ 147 000 $ 149 000 $ 150 000 $ 151 000 $ 153 000 $ 155 000 $ 155 000 $ 157 000 $ 160 000 $ 160 000 Vehicle License Fee WITH AB1602 VLF Per Capita Total $ 5000 AB1602 Population Bonus 1 0 15 14 1 3 1 2 11 1 1 11 11 1 0 Total Per capita rate x residents $ 65 000 $ 98 000 $ 91 000 $ 85 000 $ 78 000 $ 72 000 $ 72 000 $ 72 000 $ 72 000 $ 65 000 Parking Meters Parking spaces3 $ 685 per parking space $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 $ 103 000 Junior Lifeguards $ 40 000 annually $ $ $ $ $ $ 40 000 $ 40 000 $ 40 000 $ 40 000 $ 40 000 Road Fund iQ Road Fund Highway Users Tax 21055 576 per resident $ 11 000 $ 11 000 $ 11 000 $ 11 000 $ 11 000 $ 11 000 $ 11 000 $ 8 000 $ 8 000 $ 8 000 Highway Users Tax 2106(a) 4 800 annually 4 800 4 800 4 800 4 800 4 800 4 800 4 800 4 800 4 800 4 800 Highway Users Tax 2106(c)5 326 per resident 4 000 4 000 4 000 4 000 4 000 4 000 4 000 4 000 4 000 4 000 Highway Users Tax 21075 801 per resident 11 000 11 000 11 000 11 000 11 000 11 000 11 000 11 000 11 000 11 000 Hiqhway Users Tax 2107 56 1 000 flat rate 1 000 1 000 1 000 1 000 1 000 1 000 1 000 1 000 1 000 1 000 Measure M 28 174 Total Existing 28,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 As um d annual re e u b ad on 5/of est mated gr ss r ceipts n cable gas and electric franchises Bas d n pe apita e t mate fr m th Or nge County FY2008 09 budget actuais Approximately 83/of a base traff f go s t the ty where the violation occurred Assumes 150 pa king spaces Assumes$685 n annual avenue per space based on the a erag a ue and a e age umber of mu icipally maintained metered spac s th w t r egion as reported in the Nat onal Park g Associatio s 2009 Parking n Am rca report vailabie at http//npapa k org Based on gross an ual sales of$18 700 000 Sales tax overr de is a voter approved fund ng so rce ® Based on allocations per esident in the City of Huntington Beach �F�AA Flat amount based on Streets and Highways Code Section 2107 5 for cit as with res dent populations of less than 5 000 �Y Source Tables 2 1 and A 3 League of California Cities National Parking Assoc ation Cal forn a State Controllers Office Adopted Budget FY09 11 for the City of Huntington Beach Wlldan Financial Services a T 0) 112 1 ISeAN c t � 47 6. Results Feasibility The fiscal feasibility of the proposed city is evaluated based on net revenue (revenues minus costs) as a percent of total costs and trends in the City s fund balances Generally speaking a proposed city is considered to be potentially feasible if net revenue is within plus or minus 10 percent of total costs in a given vear (or total revenue is more than 110 percent of total cost) and the city s fund balances in a given year are greater than 10 percent of the annual revenue The minimum legal requirement for making a finding of fiscal feasibility as stated in Government Code Section 56720 (e) requires the proposed city to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following incorporation This study includes analysis over a longer period to have a more complete picture of the fiscal balance of the city given that certain state subventions are reduced after five years pursuant to statute The analysis includes a five percent contingency which is assumed to be expended each year Conclusion Each scenario in this analysis shows net revenue that is within plus or minus 10 percent of total costs or total revenue that is more than 110 percent of total costs Additionally each scenario maintains a fund balance in excess of 10 percent of operating revenue annually Given both findings the analysis indicates that each scenario meets the criteria for feasibility The results of the analysis are presented in Tables 6 1, 6 2 and 6 3 Results are separated for the new city s general fund and road fund and shown for both funds combined 'WILLDAN F€a sic at Se ices 48 Item 19 - Page 102 -548- Tzn� Dr,- Sunset Beach Prelim znary Teasibdity A yszs Table 6 1 Net Revenue Detail Scenario 1 Limited Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 197 200 197 200 197 200 197 200 197 200 197 200 197 200 197 260 197 200 197 200 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Use of Money&Property 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 Total $ 1 176 700 $ 1 211 400 $ 1 205 100 $ 1 199 900 $ 1 195 600 $ 1 191 400 $ 1 191 300 $ 1 194 100 $ 1 197 000 $ 1 190 900 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 e Animal Control 800 800 800 800 800 800 800 800 800 800 61 Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 Contingency @ 5 percent 61,000 57,000 58,000 49,000 50,000 50,000 51,000 51,000 51,000 52,000 o� Total $ 1 219 000 $ 1 146 600 $ 1 151 400 $ 987 300 $ 995 500 $ 1 005 500 $ 1 010 500 $ 1 021 800 $ 1 028 900 $ 1 040 200 Net Revenue $ (42 300) $ 64 800 $ 53 700 $ 212 600 $ 200 100 $ 185 900 $ 180 800 $ 172 300 $ 168 100 $ 150 700 Net Revenue/Costs (3%) 6/ 5/ 22/ 20Y 18/ 18/ 17% 16/0 14/ General Fund Operating Reserve $ (42 300) $ 22 500 $ 76 200 $ 288 800 $ 488 900 $ 674 800 $ 855 600 $ 1 027 900 $ 1 196 000 $ 1 346 700 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ 56,800 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 aF Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) (D Net Revenue% Costs (50/o) (50/) (50/o) (50/) (50/o) (50/o) (50/) (52%) (52%) (52/) Net Revenue All Funds $ (101 000) $ 6 100 $ (5 000) $ 153 900 $ 141 400 $ 127 200 $ 122 100 $ 110 600 $ 106 400 $ 89 000 Net Revenue%Costs (8/) 0/ (0/0) 14% 13/ 11/0 11/ 10%o 9% 8/ Operating Reserve All Funds (101 000) (36 200) 17 500 230 100 430 200 616 100 796 900 966 200 1 134 300 1 285 000 a Reserve/of Revenues (8/) (3%) 1/ 18/ 34/ 49/ 64/ 77/ 90Y 103/ Sources WUldan Financial Services W1U.DeAN mmes 49 w Final Draft Sunset Beach Preliminary Feasibilaty Analysis Table 6 2 Net Revenue Detail Scenario 2 Preferred Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 ° FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 ® Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 295 800 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Use of Money&Property 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 13 000 Total $ 1 276 300 $ 1 311 000 $ 1 304 700 $ 1 299 500 $ 1 295 200 $ 1 291 000 $ 1 290 900 $ 1 293 700 $ 1 296 600 $ 1 290 500 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 Animal Control 800 800 800 800 800 800 800 800 800 800 Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 ° Greenbelt 123 600 124 900 126 200 127 500 128 800 130 100 131 400 132 800 134 200 135 600 v9 Contingency @ 5 percent 67,000 64,000 64,000 56,000 57,000 57,000 57,000 58,000 59,000 59,000 ® Total $ 1 348 600 $ 1 278 500 $ 1 283 600 $ 1 121 800 $ 1 131 300 $ 1 142 600 $ 1 147 900 $ 1 161 600 $ 1 171 100 $ 1 182 800 ° Net Revenue $ (72 300) $ 32 500 $ 21 100 $ 177 700 $ 163 900 $ 148 400 $ 143 000 $ 132 100 $ 125 500 $ 107 700 Net Revenue/Costs (5/) 3/ 2/ 16/ 14/ 13/ 12/0 11/ 11/ 9/ General Fund Operating Reserve $ (72 300) $ (39 800) $ (18 700) $ 159 000 $ 322 900 $ 471 300 $ 614 300 $ 746 400 $ 871 900 $ 979 600 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ 56,800 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) Net Revenue/Costs (50/) (500/) (50/) (50/) (50/) (50/) (50/) (52/o) (52/) (52/) Net Revenue All Funds $ (131 000) $ (26 200) $ (37 600) $ 119 000 $ 105 200 $ 89 700 $ 84 300 $ 70 400 $ 63 800 $ 46 000 Net Revenue/ Costs (9/) (2/) (3/) 10/ 8/ 7/ 7/ 5/ 5/ 4/ Operating Reserve All Funds (131 000) (98 500) (77 400) 100 300 264 200 412 600 555 600 684 700 810 200 917 900 Reserve/of Revenues (10/) (7/) (6/) 7/ 19/ 311 411 511 60/ 68/0 ,, �Souu��cep/Willdan Fina�nctial Services '8�1�1 Y Y I LLDA v 8 i� F nanaal Services 50 .rz w Dra; Sunset Beach Preliminary Feasibility A alysts Table 6 3 Net Revenue Detail Scenario 3 Maximum Services Scenario Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 FY Ending 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 General Fund Revenues Property Taxes $ 176 000 $ 175 000 $ 174 000 $ 173 000 $ 173 000 $ 172 000 $ 171 000 $ 171 000 $ 170 000 $ 170 000 Sales Tax 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 187 000 Property Transfer Tax 19 100 19 800 20 500 21 300 22 000 22 800 23 700 24 500 25 400 26 300 Transient Occupancy Tax 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 243 100 Utilities Users Tax 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 394 300 Licenses and Permits 2200 2200 2200 2200 2200 2200 2200 2200 2200 2200 Franchise Fees 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 124 300 Fines and Penalties 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 3 800 Charges for Services 147 000 149 000 150 000 151 000 153 000 155 000 155 000 157 000 160 000 160 000 Vehicle License Fees 65 000 98 000 91 000 85 000 78 000 72 000 72 000 72 000 72 000 65 000 Parking Meters 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 103 000 Junior Lifeguards 40 000 40 000 40 000 40 000 40 000 Use of Money&Property 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 15 000 Total $ 1 479 800 $ 1 514 500 $ 1 508 200 $ 1 503 000 $ 1 498 700 $ 1 534 500 $ 1 534 400 $ 1 537 200 $ 1 540 100 $ 1 534 000 Costs City Council $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 $ 17 500 City Manager 81 900 83 000 83 000 84 000 85 100 85 100 86 100 87 200 88 200 89 300 City Attorney 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 45 000 City Clerk 71 000 75 000 74 000 78 000 77 000 80 000 78 000 81 000 80 000 83 000 City Treasurer 44 100 45 200 46 200 46 200 47 300 48 300 48 300 49 400 49 400 50 400 Development Services 183 800 185 900 186 900 189 000 191 100 193 200 194 300 196 400 199 500 200 600 General Plan 167 000 167 000 166 000 Police 444 500 378 200 382 000 385 800 389 700 393 600 397 500 401 500 405 500 409 600 Animal Control 800 800 800 800 800 800 S00 800 800 800 Non Departmental 102 400 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 92 000 Greenbelt 123 600 124 900 126 200 127 500 128 800 130 100 131 400 132 800 134 200 135 600 Beach Maintenance 113 000 55 600 56 200 56 800 57 400 Lifeguards 449 000 310 100 313 200 316 300 319 500 Contingency @ 5 percent 67,000 64,000 K000 56,000 57,000 87,000 77,000 78,000 78,000 79,000 c Total $ 1 348 600 $ 1 278 500 $ 1 283 600 $ 1 121 800 $ 1 131 300 $ 1 734 600 $ 1 533 600 $ 1 551 000 $ 1 563 200 $ 1 579 700 Net Revenue $ 131 200 $ 236 000 $ 224 600 $ 381 200 $ 367 400 $ (200 100) $ 800 $ (13 800) $ (23 100) $ (45 700) Net Revenue/Costs 10/ 18/ 17/ 34/ 32/ (12/) 0/ (1/) (1/) (3/) General Fund Operating Reserve $ 131 200 $ 367 200 $ 591 800 $ 973 000 $ 1 340 400 $ 1 140 300 $ 1 141 100 $ 1 127 300 $ 1 104 200 $ 1 058 500 Road Maintenance Fund Revenues Gas Tax $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 59,800 $ 56,800 $ 56,800 $ 56,800 Total $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 59 800 $ 56 800 $ 56 800 $ 56 800 Costs Road Maintenance $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 $ 118 500 a Net Revenue $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (58 700) $ (61 700) $ (61 700) $ (61 700) wP Net Revenue/Costs (50/) (50/) (50/) (50/) (50/) (50/) (50/) (52/) (52/) (52/) 3 Net Revenue All Funds $ 72 500 $ 177 300 $ 165 900 $ 322 500 $ 308 700 $ (258 800) $ (57 900) $ (75 500) $ (84 800) $ (107 400) Net Revenue/Costs 5/ 13/ 12/ 26/ 25/ (14/) (4/) (5/) (5/) (6/) Operating Reserve All Funds $ 72 500 $ 308 500 $ 533 100 $ 914 300 $ 1 281 700 $ 1 081 600 $ 1 082 400 $ 1 065 600 $ 1 042 500 $ 996 800 u Reserve/of Revenues 5/ 20/ 34/ 59/ 82/ 68/ 68/ 67/ 65/ 63/ S Wilda F a c I S iv s WILLDAN Sl 0 Appendix A Fable A 1 General Government Net County Cost (FY09) Department Net County Cost Clerk of the Board $ 3 110 Executive Office 6 338 County Counsel 4 374 Internal Audit 1 120 Human Resources 1 541 Office of the Performance Audit Diretor 289 Registrar of Voters 1 481 Clerk Recorder (2 064) Assessors Office 10 606 Treasurer Tax Collectors Office 531 Auditor Controllers Office 3 741 Total General Government Net Count Cost $ 31 067 'As shown in Attachment A of the OC LAFCo July 8 2009 Agenda Packet Net County Cost estimates based on the Countywide cost per capita applied to the population in the unincorporated island Sources Orange County Orange County LAFCo Willdan Financial Services Table A 2 Net County Cost - Sheriff Services Cost per Existing Service Item Cost per FTE Level Direct Costs Salaries and Wages $ 114 762 $ 688 572 Benefits 67 497 404 982 Services and Supplies 19 233 115 398 Total Direct Costs $ 201 492 $ 1 208 952 00 Indirect Costs $ 35 271 $ 211 626 Total County Cost $ 236 763 $ 1 420 578 Proposition 172 Share of Sheriff Costs Countywide' 87 03% Net County Cost $ 184 253 ' Estimate based on$239 049 667 in Proposition 172 revenue relative to$274 675 838 sheriff coroner police protection appropriations in FY2008 09 Source Sheriff Coroner Department County of Orange WILLDAN F n n at Se mes I A I Item 19 - Page 106 -552- h Drafi Sunset Beach Prehmmary Feastbtltty 1 ysts Table A 3 General Fund Per Capita Revenue Allocation By Allocation By Countywide Allocation Unincorporated Allocation FY 2008 09 Service Area Service Population Per Capita Revenue Per Capita Revenue Revenue County Unmcor Allocated Per Per Emp Allocated Per Per Emp Actual wide porated Resident Employee Revenues Resident to ee Revenues Resident to ee Fines&Penalties Vehicle Code Fines $ 2 434 677 100% 0% 1 00 031 $2 434 677 $ 069 $ 021 $ $ $ Other Court Fines 6 920 024 100% 0% 1 00 031 6 920 024 1 97 061 Total Fines $ 266 $ 082 Licenses and Permits Animal Licenses $ 5 204 389 100% 0% 1 00 5 204 389 1 66 $ 1 66 Sources County of Orange FY 2009 10 Budget Wilidan Financial Services e t� W 0 aP e T Wll.LDAN A 2 F nanciat Sery ces 14 Final Draft Sunset Beach Preliminary Feasibility Analysts Table A4 Auditor's Ratio (FY 2008-09 Actual) Revenue Amount (in 1,000s) Total Property Tax Revenues Current Secured $ 204 054 Current Unsecured 7 992 Prior Secured 625 Prior Unecured 467 VLF Swap 232 760 Curret Supplemental 7 581 Prior Supplemental 1 441 Homeowners 1 785 Penalties 19 427 Property Transfer Tax 11 626 Total Property Tax Revenues $ 487 758 Other General Purpose Revenues $ 121,033 Total General Purpose Revenues $ 608 791 Estimated Auditor Ratio (Property Tax as a%of Revenue) 80 11912134% Sources County of Orange Second Available Financing Report FY 2010 11 Schedule A Wdldan Financial Services Appendix Table A 5 Sunset Beach Greenbelt Maintenance Costs Item Greenbelt Beach Total Janitorial for 5 new Restrooms' $ 21 000 $ - $ 21 000 Lifeguards(AnnuaIf 307 000 307 000 Landscaping and Sprinklers3 45 000 45 000 Trash Disposal 15 000 15 000 - Beach Cleaning4 40 000 40 000 Utilities5 42 555 - 42 555 Total $ 123 555 $ 362 000 $ 485 555 OC Parks allocated$21 000 of$23 310 to Sunset Beach for janitorial services 5/27/09 2 Lowest annual lifeguard cost from all provides is from Seal Beach $142 000 in startup costs required in first year of service 3 Estimated based on data from SC Yamamoto Inc 4 Estimated costs from Seal Beach 5 Estimated costs from OC Parks WIl1DAN Fines c al Se �c� A 3 Item 19 - Page 108 -554- Final Draft Sunset Beach Preliminary Feasibility Analysts Appendix Table A 6 Utilities Users Tax Comparisons Sunset Beach Huntington Scenarios 1 Sunset Beach Utility Beach Seal Beach' and 2 Scenario 3 Telephone 5 00% 11 00% 7 50% 10 00% Electrical 5 00% 11 00% 7 50% 10 00% Gas 5 00% 11 00% 7 50% 10 00% WatW 5 00% Not charged 10 00% 10 00% Cable TV 5 00% Not charged 7 50% 10 00% Cell Phone 0 00% 11 00% 7 50% 10 00% People over 65 with incomes of less than$45 000 don t have to pay the utilities users tax 2 Huntington Beach now charges residents of Sunset Beach a 10%utilities users tax on water service Huntington Beach is assumed to continue providing water service to Sunset Beach so the existing rate for that utility will stay in place Sources City of Huntington Beach City of Seal Beach Wdldan Financial Services- WILLDAN Ft -inc a,Se mea A-4 -555- Item 19 - Page 109 About Wilidan Willdan Group Inc is a nationwide firm serving more than 800 public agencies and private sector clients We provide engineering management, sustainabihty and financial consultant services that ensure the quality value and security of our nation's infrastructure systems facilities and environment The firm has been a consistent industry leader in providing all aspects of municipal and infrastructure engineering public works contracting public financing planning building and safety construction management and homeland security services Founded in 1964 and headquartered in Anaheim California Willdan was originally -established as a civil engineering firm specializing in providing solutions for our public agency clients Since that time we have evolved into a professional consulting firm offering a broad array of services that allow us to provide a comprehensive and integrated approach to our clients planning engineering financial economic public facility and public safety challenges Today Willdan has hundreds of employees operating from offices located throughout California as well as in Arizona Nevada Utah Colorado Florida Maryland North Carolina and New York V'I WLLDAN I FI aic 3l Se s B I Item 19 - Page 110 -556- -557- Item 19 - Page 111 MEMORANDUM To Joyce Crosthwa►te Executive Officer Orange County LAFCO From Richard Berkson Subject Peer Review of Sunset Beach Annexation Study EPS #20077 The Econornu of Load (sc Date June 24 2010 As you requested Economic and Planning Systems (EPS) has reviewed the Sunset Beach Annexation Study (the"Study ) prepared by Ralph Andersen &Associates for the City of Huntington Beach (April 27 2010) Key findings of our review include 1 Much of the Study s cost and revenue data is derived from the Orange County (OC) LAFCO Island Data Matrix The Matrix was prepared with FY09 data (or earlier) which is inconsistent with the FY10 forecast in the Study Although in most cases the differences will not be significant(except as noted in our review) the discrepancy should be disclosed in the Study The Study should utilize City cost estimates as the Island Data Matrix in many cases was based on County costs and would differ for Huntington Beach 2 The Study erroneously estimates Property Tax in lieu of Motor Vehicle License Fee (MVLF) revenue of$184 521 The City will receive MVLF per AB 1602 which the Study separately estimates but not the $184 521 which does not apply to annexations This is an example as noted in #1 above where the Study relied on the Island Data Matrix estimates which applied to the County not to a city annexation 3 The Study segregates Structural Fire Fund revenues of$350 000 2501 Ninth StreePlannt Suite 200ems Inc from General Fund revenues It is EPS s understanding based on 2501 lVmth Street Suite 200 Berkeley CA 94710 2515 discussions with the Orange County Fire Authority that upon 510841 9190tel annexation the City s property tax base and tax increment factor will 510841 9208fax incorporate the Structural Fire Fund base and increment factor all Berkeley property tax revenues will be available for general purposes The Sacramento resulting increase in general revenues increases the General Fund Denver surplus estimated in the report and more than offsets the correction www epsys coin for the Property Tax MVLF noted in #2 above The Study should clarify this issue item 19. - Page 112 -558- Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 2 4 As noted in the review there are a number of potential corrections and clarifications that are required in the Study s estimates but many of these corrections are not of a magnitude to eliminate a surplus shown in Table IX (page 24 of the Study) for the General Fund minus Actual Expense Generally the Study segregates General Fund from other dedicated revenues and expenditures with the exceptions noted below The summary of results in the text of the Study and in Table IX (page 24 of the Study) should not combine the General Fund with other dedicated revenues and expenditures The Study should also further segregate other revenues"and not add them together as they are restricted to different uses Revenues The Study relies extensively on information generated by OC LAFCO for its County Island Data Matrix As noted below the OC LAFCO data is largely based on FY09 which is one year prior to the Study s assumed year of annexation and City operations In some cases the data is older As noted previously much of the LAFCO Island Data Matrix applies to the County not to city annexations Following is a description of specific revenues and a review of the data and methodology used to estimate the revenues Property Taxes The Study cites estimated property tax revenue to the City of$145 306 The source for this number is not cited however it corresponds to the estimate contained in the County Island Data Matrix The latter source was prepared for OC LAFCO and indicates that the data year is FY 2008 09 However the Study utilizes a budget year of FY 2009-10 The Study should utilize FY 2009-10 estimated property tax to be consistent with the rest of the analysis According to Dennis Sorensen Finance Division of the Orange County Fire Authority property taxes to OCFA are $392 000 for FY10 about 6 5% higher than FY09 It is EPS s understanding that the City s new property taxes would include the property taxes currently generated to the Structural Fire Fund Upon annexation according to Dennis Sorensen the Structural Fire Fund allocation would be added to the City s allocation in the Sunset Beach tax rate area and the Structural Fire Fund would be eliminated from the list of taxing entities receiving a share of the 1% property tax Therefore these revenues would be available to the City for general purposes in addition to fire protection The Study should clarify this issue with the City s legal counsel EPS has not reviewed the master tax agreement between the City and the County Depending on the results of corrected Study results the City and County may negotiate a revenue sharing agreement that differs from the sharing assumed in the Study if necessary to mitigate impacts on either party Property Transfer Tax The transfer tax estimate appears to be low however a revised estimate would not produce a significantly larger amount The Study based its estimates on a Citywide per unit calculation P�20000 i20O775 t8chlAepoM24J &s d�20077EP5 24J 2010 d -559- Item 19 - Page 113 Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 3 which will tend to skew the result because it ignores relative differences in commercial property as well as differences in property values and turnover rates between Sunset Beach and the City An alternative method of calculation would multiply the tax rate by average unit values and turnover rates For example approximately $15 000 would be generated based on values of $lm►11►on/un►t and turnover rates of 5 percent annually Actual sales values and rates will differ in any given year however this example suggests that the Study s estimate is very low by approximately $10 000 Sales Tax The Study cites the firm HdL as the source for the $186 857 sales tax estimate As noted for property tax this apparently is derived from the OC LAFCO Island Data Matrix which provides data for a prior year It is also not clear in the Study whether the Property Tax in lieu of Sales Tax (see next item) has been deducted from the HdL figures this issue should be verified Typically HdL reports actual total sales tax paid by sales tax permit holders the deduction of 25 percent of the sales tax which is swapped by the State for property tax is done after the collection of sales tax Nether the Study nor the OC LAFCO Island Data Matrix indicate whether the sales tax estimate includes a share of the State and County"pool revenues which can add approximately 10 percent to the sales tax estimate Property Tax in lieu of Sales Tax The estimated property tax in lieu of sales tax appears to be low relative to the total sales tax estimate generally the amount should be 25% of the 1% local sales tax The numbers cited in the study are not consistent with this ratio however the source of the difference is not apparent in the Study If the sales tax estimate of$186 857 is the 1% local sales tax after deduction of the Property Tax in lieu of Sales Tax the Property Tax in lieu of Sales Tax should be about $60 000 rather than the $20 000 indicated in the Study Motor Vehicle License Fees (MVLF) The MVLF estimate appears to be correctly based on the AB 1602 formula Cities also receive an allocation of MVLF in addition to the Property Tax in lieu of MVLF described in the next item however it currently is a minimal amount(e g about$4/cap►ta or $4 800 for Sunset Beach) Property Tax in lieu of Motor Vehicle License Fees The AB 1602 MVLF amount attributable to annexations which is described in the item above provides the initial allocation of MVLF This allocation compensated for prior legislation which did not provide for an increase in the Property Tax in lieu of MVLF due to annexations Therefore the Study should not show an increase to the City of$184 521 from this source The revenue is shown in the LAFCO Islands Data Matrix but reflected County revenues and was not intended to apply to annexations P 120000�20077Su s tgoq%R POrt{24J m med%20077EP5 24J 2010 d— Item 19. - Page 114 -560- Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 4 Transient Occupancy Tax (TOT) The estimated amount of$151 356 is based on actual TOT revenues from the area The estimate is derived from the OC LAFCO Data Matrix which indicates that the numbers are for calendar year 2008 The numbers should be updated and based on the most recent 12 months for which data is available Transient Occupancy Tax (Business Improvement Distract, or BID) The TOT(BID) is also based on the OC LAFCO Data Matrix and should be updated The revenue is restricted to BID uses and should be segregated from other General Fund discretionary revenues particularly since no offsetting expenditures are shown in the analysis This revenue may require voter approval from the annexed area Utility Users Tax The Study correctly indicates that the Sunset Beach residents would not be subject to the current Utility Users Tax since the tax requires voter approval The residents would be subject to any future Citywide votes on other tax measures or on the extension or modification of the current Utility Users Tax that may occur Should the City elect to extend the Utility Users Tax to Sunset Beach residents extension of the tax would require voter approval of Sunset Beach residents only Business License Tax The Study calculates business license tax based on a per capita approach This estimate will be reasonably accurate if the mix and type of businesses and employment in the City and businesses relative to population is similar to the mix in Sunset Beach A slightly more accurate approach would base the estimate on a per employee basis which would capture any significant differences in the amount of business activity Business data can also be purchased from various private vendors which estimate number and size of businesses within an area Animal License/Shelter Fees The estimated revenue is equal to the revenues shown in the OC LAFCO Island Data Matrix which is for the year prior to the Study s stated year Permit and Regulatory Fees This category of revenue is estimated in the Study but not included in the calculation of net fiscal impacts The Study indicates that the revenues will fund offsetting costs The Study also indicates that the offsetting costs would not be significant This conclusion partially depends upon existing staff capacity to handle some increase in workload The Study does indicate that there could be some minimal diversion of staff time from existing City services to the Sunset Beach Area but assumes it does not create an actual staff cost that exceeds permit and regulatory fee revenue The Study should indicate the City s historical cost recovery ratio to document the extent to which costs are likely to be covered The Study also implies that Staff capacity exists as a result of a reduced workload due to recessionary conditions which helps support the conclusion that no significant additional staff costs are anticipated P\20000\20077Su tBcMRep rt%243 re—d�20077EPS 24J 2010 n d -561- Item 19 a Page 115 Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 5 Fines and Forfeitures The Study projects a minimal amount of revenue from this source based on current unincorporated Countywide collections per capita from FY08 two years prior to the Study s target year of FY10 The amount should be based on Huntington Beach s per capita average for a more current year Other Municipal Revenues Structural Fire Fund Property Tax The Study indicates that the City would receive property tax revenues currently accruing to the Structural Fire Fund these revenues would continue to accrue to the Fund but would be remitted to the City and would continue to be dedicated to the provision of fire protection The Study also assumes that the City would lose its current revenue of$8 000 for contract services to Sunset Beach once it becomes part of the City As previously noted for property tax the amount is based on the OC LAFCO Island Data Matrix which is for the year prior to the Study s analysis year The Study should utilize FY 2009-10 estimated property tax to be consistent with the rest of the analysis According to Dennis Sorensen Finance Division of the Orange County Fire Authority property taxes to OCFA are $392 000 for FY10 about 6 5% higher than $368 000 in FY09 The Study assumes $350 000 No offsetting costs for fire protection are projected as discussed in the Expenditures section below It is EPS s understanding that the Fire Fund property tax would become part of the City s unrestricted tax factor and revenue base however this issue requires further research and legal confirmation Even if the revenue is dedicated to fire protection it may effectively free up an equivalent amount of City General Fund money currently used for fire protection If this is the case these revenues could be considered to offset other General Fund impacts of Sunset Beach annexation FireMed The Study appears to use a reasonable approach to estimate revenues based on current City fees and participation rates However the Study applies a 33% household participation rate to the total population rather than to the number of Sunset Beach households Applying the rate to 685 households results in about 226 participating households rather than the 405 households assumed in the Study The correction reduces revenues by about$11 000 Special Assessments The Study cites minimal revenues from existing assessments ($3 946) which coincides with the estimates in the OC LAFCO Island Data Matrix The Study does not indicate what the assessments are applied towards and therefore it is not clear whether there are any additional costs that may be attributed to the City responsibility for those services Assuming the assessments are based directly on corresponding costs there would be no net impact on the City If the assessments were for a district that will not be affected by annexation then there would be no assessment revenue accruing to the City P 120000 120077S s tBc 1R portl2 J re ed120077EP5 24) 2010 d Item 19. a Page 116 -562- Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 6 Water/Wastewater Fees The Study correctly assumes that water/wastewater fees from the area are paying for services which would continue as currently provided The exception would be the loss of a water surcharge of 10 percent currently paid by Sunset Beach residents to the City The basis for the estimated loss is not documented Library Property'Pax The property tax to the City of$52 029 is from the OC LAFCO Island Data Matrix The Data Matrix indicates it is based on a pro rata allocation formula it is not apparent how the formula works or whether the tax factor is shifted to the new City tax factor for the area thus benefitting the City It is possible that this revenue would effectively free up revenue to help cover General Fund money otherwise required for library services Therefore the revenue could be viewed as a benefit to the General Fund and not restricted solely to library services Recreation Programs The primary revenue shown is for the Junior Lifeguard program no source for the amount is cited Presumably there would be some effect on other recreation program costs and revenues but the effects are likely to be minimal Parking Pees Revenue from driveway parking permits are not estimated in the Study and assumed to be minimal An exact estimate of revenue from this source is not available but the County s website indicates that parking permits cost$20 for the first permit and $10 for each additional permit Road Fund Revenues The Study estimates additional gas tax revenues that would accrue to the City based on current per capita allocations to cities In addition the City would receive an additional share of Measure M revenues which are allocated relative to sales tax generated in the area The Study indicated that it adjusted for revenues that would accrue to the City which were not reflected in the LAFCO Island Data Matrix however the adjustments were not documented in the Study Expendutures The Study provides estimates for expenditures based on per capita estimates but indicates that actual costs are more appropriate EPS would agree that actual costs are a better basis and per capita estimates should only be utilized in those instances where actual costs are unavailable P-20000�200775u s tBchiR P ltJ241 r 1120077EP5 24J 2010 e d -563- Item 19 - Page 117 Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 7 Fire The Study indicates that Huntington Beach responds to nearly all fire service calls to Sunset Beach therefore there would be no impact on existing services The City would lose $8 000 of revenue from its current contract with OCFA whereby the City provides ALS (paramedic) service to portions of Sunset Beach It is unlikely there would be any change to current mutual aid arrangements between the City and the OCFA particularly since OCFA is an equal (or greater) beneficiary of the arrangement Mutual aid is a common practice in the provision of fire services in California Police The Study states that City staff reviewed crime statistics for Sunset Beach for Part 1 crimes and concluded that the level of service (39 and 44 Part 1 crimes for 2007 and 2008 respectively) in addition to traffic collisions would not require additional staff The 44 Part 1 crimes in 2008 is less than 1 percent of the City s total Part 1 crimes in 2008 of 5 725 according to the City s webs►te Given the City s size relative to Sunset Beach and its proximity it is reasonable that existing capacity could be sufficient to serve the area The City will also be responsible for traffic control and investigation which is currently the responsibility of the California Highway Patrol (CHP) the CHP s role was not mentioned in the Study Recent court decisions which reduce pay requirements for police officers could potentially provide capacity to fund any additional staff time that may be required to serve the area Animal Control The City s Animal Care Services is a division of Orange County Health Care Agency The Study estimates an average number of calls of 309 based on 37 calls in 2007 and 545 in 2008 The average number of calls is multiplied by the cost per call charged by the County The Study should investigate the source of the significant variation in calls to assure that the differences are not due to a reporting issue City Clerk The Study estimates a minor election cost however the basis for the estimate is not clear The costs can be compared to the City s per capita costs the costs should include not only the costs associated with the polling place but also any costs related to City ballot measures candidates election pamphlets etc as well as any special election costs (if applicable) Beach Maintenance The Study estimates costs for beach maintenance including the additional cost for a daytime crew due to the residential nature of the area from estimates by the City s Community Services Department According to information reported by Willdan Financial Services(per correspondence with OC Parks) additional utility costs of $42 555 should be included in the total costs The Study s cost for beach replenishment is based on a periodic cost comparable to Huntington Beach The basis for the estimate is not provided The Study then spreads the cost over P 120000 t200775.site hiRep Ri241 _ --dJ20077EP5 243 2010 d Item 19 - Page 116 -564- Peer Review of Sunset Beach Annexation Study June 24 2010 EPS#20077 Page 8 multiple years to arrive at $1 250 per year According to information from Orange County Parks (email from Ray Leslie, Coastal District Supervisor to Enka Rivera and Mark Denny April 26 2010) the sand replenishment project completed in October 2009 cost$57 509 Spread over 5- 7 years results in an annual cost of about$8 200 to $11 500 compared to the Study s estimate of$1 250 per year Marine Safety The cost for lifeguards is based on a current County contract amount of$333 000 according to the Study Information provided by Lyman Lokken from a meeting with the contract company (email from Lyman Lokken to Eric Nickell March 16 2010) indicated that the estimate excluded 3 months and therefore the cost should be $363 000 FereMed The estimates for the City s voluntary program to effectively purchase insurance to pay for paramedic and ambulance services appear reasonable and are based on Citywide participation rates and costs As noted in the revenue section it appears that Study incorrectly applied a household participation rate to a total population number Public Works/Park Maintenance The cost for maintenance of a 13-acre linear park/greenbelt is based on current County janitorial and landscape maintenance contracts and estimates of City staff costs which would replace current County staff costs The bans for the latter estimates is not provided It is also not apparent whether all costs including utilities are included Road Fund The Study estimated road-related expenditures based on a per capita estimate however the estimated $118 501 corresponds to the estimates in the OC LAFCO Island Data Matrix the latter source which is for FY09 rather than the Study year of FY10 indicates that it is based on a cost per mile per signal and per light based on County costs The road maintenance component is $96 800 or about$24 200 per centerline mile which is generally in line with unincorporated area road maintenance costs for roads that do not receive a high degree of heavy traffic The Study also added estimated street sweeping costs The Study should reference City maintenance costs as well since average Countywide unincorporated costs may differ from Sunset Beach costs P 110000 W0077Su WchlRep rtV4J re sMV10077EP5 24J 2010 d -565- Ite>t>re 19 - Page 119 Item 19 - Page 120 -566- MEMORANDUM To Joyce Crosthwaite Executive Officer Orange County LAFCO From Richard Berkson Subject Peer Review of Sunset Beach Incorporation Preliminary Feasibility Analysis (PFA) EPS #20077 Die Ecotwinus of Lund 1.se Date June 24 2010 As you requested Economic and Planning Systems (EPS) has reviewed the Sunset Beach Incorporation Preliminary Feasibility Analysis (PFA) i prepared by Willdan Financial Services (June 3 2010) Key findings of our review include 1 Scenarios 1 and 2 do not meet the minimum criteria for feasibility within the first three years as required by Government Code Section 56720 Net revenue (all funds) is negative and reserves are negligible or negative by the end of the third year The PFA should show actual costs and revenues for the first year a portion of revenues are likely to be delayed e g property tax and sales tax due to the timing of collections and payments relative to city formation These delayed revenues in the first year as well as potential County transition year services and repayment will significantly alter annual cash flows and fund balances in the first several years 2 Scenario 3 which includes a 10 percent Utility Users Tax shows that revenues exceed costs by more than 10 percent in year three and reserves exceed costs by more than 30 percent However by the end of year five when the additional Motor Vehicle License Fee Economic&Planning Systems Inc revenues provided by the State end the city experiences annual 2501 Ninth Street Suite 200 shortfalls The shortfalls continue to be negative by year 10 the Berkeley CA 94710 2515 shortfall is a negative 3 percent of costs which should not be 510 8419190 tel deemed feasible 510 8419208 fax Berkeley 3 The PFA indicates that there is likely to be a negative impact on the Sacramento County if the city is feasible however the PFA does not calculate the Denver impact or potential additional mitigation payments to the County that may be required County impacts and potential mitigation www epsys com -567- Item 19 - Page 121 Peer Review of Sunset Beach Incorporation PFA June 24 2010 EPS#20077 Page 2 payments should be calculated in order to disclose all potential costs that may face the new city 4 Scenarios 1 and 2 presume that the County continues to provide certain services even though it has shifted revenues to the new city including property tax revenues which currently fund those services Scenario 3 assumes that the County continues to provide beach services through year 5 Feasibility would be more unlikely if additional mitigation payments are required and/or if the County does not continue providing services 5 In addition to the utility users tax that will be required by the new city expansion of the Transient Occupancy Tax will also require a majority voter approval 6 The PFA appears to have miscalculated the amount of property tax to be transferred from the County to the new city The calculation of the Auditors Ratio should not include VLF swap revenues The Auditor Controllers Office has calculated a ratio which excludes those revenues and makes a number of other adjustments the resulting ratio is 34 4 percent rather than the 80 1% shown in the PFA which reduces the transferred property tax revenues by about $100 000 further adversely affecting feasibility 7 The PFA assumes a relatively low contingency of 5 percent This contingency may be appropriate for a much larger city but a city with a small budget has much less ability to absorb potential adverse fiscal events for example litigation reduction in State revenues increases in maintenance costs due to a natural disaster etc The PFA has assumed low staff and other costs as noted below which could also be greater than anticipated 8 The Road Fund shows a shortfall in all scenarios which adversely affects the ability to provide General Fund services The following sections describe these findings in greater detail Costs Service Levels The PFA presents three scenarios ranging from a limited set of services to assuming all the municipal services currently provided by the County after beach services are transferred in the fifth year The limited transfer of services will depend upon concurrence by the County therefore the viability of scenarios 1 and 2 is highly uncertain In addition it is likely that the County will consider the fiscal impacts of the scenarios before deciding about retaining certain services The PFA has not evaluated the fiscal impacts on the County typically a PFA would include such an analysis particularly since fiscal mitigation ( revenue neutrality ) payments could have a significant bearing on city feasibility While it may be appropriate to show scenarios which assume various levels of continued County services depending on the outcome of negotiations the PFA should show a"base case that assumes no continued County services beyond initial transition year services (for which the County may require repayment) The Base Case will be adversely affected if the County does not agree to continued provision of services at no cost P-120000 120077S s Sch%Rep rtA24J ed120077EP5 143 2010 mrp do Item 19. - Page 122 -568- Peer Review of Sunset Beach Incorporation PFA June 24 2010 EPS#20077 Page 3 Proposed Stang Plan The PFA proposes a half-time position for the city manager and a combined assistant city manager/city clerk position Although the size of the new city is very small and it is essentially built-out it would not be likely that part time city manager position would be sufficient to handle the full range of responsibilities that will be required including management of contracts for services compliance with legal and regulatory requirements inter-governmental relations and participation in regional agencies The assistant city manager/city clerk position would provide assistance however based on the proposed $52 000 annual salary that position appears to be more clerical in nature and therefore less likely to provide management services A part-time city treasurer will not be sufficient to provide for the segregation of accounting responsibilities under generally accepted accounting standards for municipal governments The budge does not includes any additional costs for outside contract support or auditing City attorney costs are likely to be higher in initial years as contracts are negotiated city codes and ordinances are adopted and intergovernmental agreements established The PFA includes a contract with a traffic engineer however no other public works engineering costs The new city will require the services of an engineer to assist with road maintenance and other capital projects The PFA adds 30 percent to salaries to account for taxes and benefits based on comparable cities however the rate appears low 35% to 40% or more would be more likely depending on the position and salary level The PFA did not provide comparable information for specific cities to document the salaries or the 30% factor The PFA does not show any staff for human resources or information technology support nor does the PFA include any contract costs for these services in the non departmental cost category City Council The PFA proposes minimal costs for the city council which is appropriate for a city of this size Council members would receive a nominal stipend per month and a small allowance for expenses (e g attendance at conferences etc ) Police The PFA assumes that Seat Beach would contract for services at an annual cost of$375 000 the PFA should note that if Seal Beach did not provide a contract the only option may be a contract with the County The County s estimate of service costs was $1 4 million (see Table A 2 in PFA) although a negotiated contract could differ If the sheriff contract cost were significantly greater than the $375 000 the new city would be infeasible The sheriff contract cost could be less than $1 4 million but the contract would not benefit from Prop 172 funds which remain with the County and would not be applied to contract services Animal Control The animal control costs of$800 appear to be low These costs are typically at least $2-$5 per capita which would be $2 500 to $5 500 The OC tAFCO Data Matrix indicated a current cost of $500 but the basis for this cost was not documented P 120000 V00775u tBchJRepo t%247 _ ed\20077EP5 243.2010—1P doc -569® Item 19 - Page 123 Peer Review of Sunset Beach Incorporation PFA June 24 2010 EPS#20077 Page 4 Non-Departmental Costs Facility costs appear low The PFA assumes that city office space would be accommodated through the purchase of the existing fire station for$200 000 It is not known whether the station would be available for sale at that price It is understood that the station does not meet current seismic or accessibility standards which could add significantly to the facility costs The annual cost budgeted in the PFA for city office space is approximately equal to 500 to 1 000 square feet of rented space depending on prevailing rents(e g at$2 00/sq ft/month the budgeted $15 000 would pay for 625 square feet) This would be inadequate for city offices and council space if the city did not purchase/rehab the fire station The PFA appears to underestimate initial equipment costs The city would have to provide equipment including computers for contract employees while on the premises as well as for permanent employees Equipment would include computers/network equipment printers copier furniture and desks filing and storage The PFA apparently does not allow for other expenses such as computer support (IT) services or human resources (e g payroll tax services benefits accounting etc ) The new city will also require annual audit services from an outside firm which apparently are not shown in the budget The overall budget includes a 5 percent contingency which is the minimum amount that should be evaluated However considering the small size of the city and its budget a 10 percent contingency would be more prudent and conservative The Office of Planning and Research Incorporation guidelines recommend 10 percent Greenbelt, itestrooms and Parking Lot Costs These costs were based on current County costs including private contracts There is no reason to believe they would vary significantly for the new city If the incorporation process moves forward the Comprehensive Fiscal Analysis prepared for LAFCO will update the costs based on the most recent actual cost data Beach Maintenance The costs for beach maintenance are based on estimates from Seal Beach for beach cleaning Whether Seal Beach will commit to a contract at this cost is speculative the PFA should also provide estimates based on current County costs The costs include current County costs for sand replenishment According to information submitted to the City of Huntington Beach (Lymon Lokken June 7 2010) future sand replenishment costs could increase by $16 000 this cost increase is not shown in the analysis Lifeguards The PFA assumes the City of Seat Beach would contract to provide this service although the basis for the cost estimate is not provided The PFA estimate of$310 000 is less than the current County contract cost of$360 000 to $380 000 The PFA should be based on current County costs due to the uncertainty about whether Seal Beach will provide a contract at the lower costs P V0000`200775 n tSchTepod�24J ri m ed�20077EP5 24)w2010 m p d Item 19 - Page 124 -570- Peer Review of Sunset Beach Incorporation PFA June 24 2010 EPS#20077 Page 5 Information submitted to the City of Huntington Beach (Lymon Lokken June 7 2010) indicated that costs could exceed $500 000 per year based on discussions with the current vendor The higher cost could result if the current vendor is not also providing service to other County beaches which is beyond the control of the new city This higher cost would have a significant adverse impact on the city s financial viability Road,Traffic Signal and Streetlight Maintenance Costs The PFA utilizes data from the OC LAFCO Data Matrix based on average countywide costs The resulting amount appears reasonable considering the miles of roadway and relative light use however other costs such as street sweeping could increase the costs above countywide averages Revenues Property Tax The PFA calculates the amount of property tax transferred to the new city by multiplying the cost of County services to the area by the Auditors Ratio The Auditors Ratio is the ratio of total County property taxes to all revenues available for general purposes The revenues are then increased based on property appreciation and sales then adjusted to constant 2009 dollars The PFA incorrectly calculates the Auditors Ratio by including property taxes in lieu of VLF in the same category as property taxes generated from the County s share of the 1 percent property tax The property taxes in lieu of VLF represents a swap"of State property tax revenue from the State to the County to compensate for the County s loss of VLF the swap is independent of the allocation of the 1 percent property tax based on the County s Tax Allocation Factor (described in the PFA) The new city will receive its share of VLF per a statutory formula as noted below the PFA effectively attributes an additional share of VLF allocations by including it as a County property tax that increases the shift of property taxes from the County to the new city Excluding the"swap revenues from the property tax transfer reduces the property tax to the new city by about half The Auditor Controller has provided LAFCO with a calculation of the ratio which excludes"swap revenues and other dedicated revenues (January 20 2010) The resulting Auditors Ratio was calculated by the County to be 34 4 percent thereby reducing the property tax to the new city by about $100 000 This loss has a significant adverse impact on city feasibility The PFA shows property taxes declining slightly in constant 2009 value which is a conservative estimate Given the relatively high property appreciation rate assumed in the PFA of 6 7 percent annually property taxes should grow in constant dollars however the PFA incorrectly calculates the change in assessed value, thereby offsetting the likely assessed value growth The PFA assumes that when property sells its price will only reflect one year of appreciation in fact the total appreciation of all property sold in a year will include many properties assessed at values far below current market values because they were last sold several years earlier Properties that have not sold for many years will jump substantially in value even given recent market value reductions P k20000�200775u-WdB lRep rtX24J re used►20077EP5 243w2010!m'p doc -571- Item 19. m Page 125 Peer Review of Sunset Beach Incorporation PFA June 24 2010 EPS#20077 Page 6 Sales Tax The PFA cites County data as the source for the $186 857 sales tax estimate This data apparently is derived from the OC LAFCO Island Data Matrix It is not clear whether the amount includes Property Tax in lieu of Sales Tax which is 25 percent of the 1 percent local sales tax Further research is recommended to clarify this issue Neither the Study nor the OC LAFCO Island Data Matrix indicate whether the sales tax estimate includes a share of the State and County pool revenues which could add approximately 10 percent to the sales tax estimate Property Transfer Tax The transfer tax calculation considers the value of property that sells multiplied by the tax rate As noted for property tax the actual jump in value upon sale of units is likely to be higher than the annual appreciation rate however the appreciation rate is optimistic and likely to be lower than 6 7 percent annually Consequently the result is within a reasonable range of values Transient Occupancy Tax The estimated amount of$151 356 is based on actual TOT revenues from the area The estimate is derived from the OC LAFCO Data Matrix which indicates that the numbers are for calendar year 2008 The numbers should be updated and based on the most recent 12 months for which data is available The PFA assumes that the new city will expand the current County TOT ordinance to apply to vacation rentals The estimate of vacation rentals includes a range of rents however does not indicate whether all of the rental units are 100 percent occupied for the full 20 weeks If not the revenues would differ from the estimates shown Revisions to the TOT ordinance may require 50 percent voter approval Utility Users Tax The PFA estimates the potential tax revenues from a new tax at different rates depending on the amount required by a city budget The PFA indicates that the average utility bills are based on a survey of residents Overall the amounts appear reasonable Vehicle License Fees The PFA estimates the VLF to the new city based on $50 per capita adjusted by a bonus allocation in the first five years This bonus starts at 150 percent and declines to 100% after 5 years Franchise Fees The PFA estimates franchise fee revenues based on the same survey data used for the utility users tax The revenue assumes that the new city will negotiate franchise fees of 5 percent for gas electric and cable P W000�200775 site h,Rep t�24J re w�20077EP5 24J 2010 -,p d item 19 = Page 126 -572- Peer Review of Sunset Beach Incorporation PFA June 24 2010 a EPS#20077 Page 7 Fines, Forfeitures and Penalties The PFA includes a minimal amount of revenue from these sources The amount appears reasonable Charges for Services The PFA assumes a cost recovery of 80 percent for planning development and code enforcement services This recovery rate is reasonable for services which are largely fee based such as development services however the recovery rate may be too high when considering the full range of city functions For example code enforcement typically generates revenue from penalties which is often much lower than the costs depending on enforcement policies e g compliance with warnings vs issuance of citations and legal action The city s planning costs need to account for costs of long-range planning and updates as well as participation in regional planning activities planning for provision of affordable housing opportunities and environmental and coastal planning which will not generate fee revenues As noted previously the city staffing does not provide sufficient staff to address these needs Parking Meters The PFA estimates revenue based on national averages which result in amounts lower than generated by parking spaces in Huntington Beach and other beach communities according to the PFA The method and estimates appear reasonable l Junior Lifequards The PFA estimate is based on current revenues received by the County Use of Money and Property The PFA assumes 1 percent of revenues which is reasonable The actual amount can vary significantly depending on fund balances and prevailing interest rates Business License Tax The PFA assumes no business license tax revenue Currently the County does not charge a business tax Gas Tax The PFA estimates gas tax revenues that are generally consistent with the per capita revenues received by Huntington Beach in FY09 Gas Tax revenues declined in recent years and may be less than projected in the PFA The PFA did not include Measure M taxes that would be available for transportation purposes P�20000s120077Su et8 tReportA241 re nW20077EP5 243n2010 m p do -573- stem 19. - Page 127 COMMUNICATIONS REGARDING AUGUST 2, 2010 AGENDA ITEM Authorize preparation of all documents required for application to the ®range County Local Agency Formation Commission (LAFC®) for annexation of the unincorporated County of®range area of Sunset Beach Esparta, Ratty From Surf City Pipeline [noreply@user govoutreach com] Sent Thursday July 08 2010 12 05 PM To CITY COUNCIL age ndaalerts@su rfcityhborg Subject Surf City Pipeline Comment on an Agenda Item (notification) Follow Up Flag Follow up Flag Status Flagged Request#5769 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Dave McPearson Description Mr Dave Pearson called to express his opinion to Council He asked Kay to please convey to the Council Members to vote for the annexation of Sunset Beach He also commented that he thinks the full page newspaper ad put out by the Sunset Beach Citizens for Cityhood in the 7/8 publication of The Independent is garbage and misleading Expected Close Date 07/09/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Tuesday July 06 2010 4 00 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5751 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Michael Cunningham Description Mr Cunningham would like the Council to know that he is oposed to the Sunset Beach Annexation He suggests contracting HB city services to Sunset and let them have their own city Expected Close Date 07/07/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored 1 Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Thursday July 01 2010 9 24 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5691 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council Comment on an Agenda Item Citizen name Bill and Alice Selfridge Description From Alice and Bill Selfridge [mailto selfridg@earthhnk net] Sent Wednesday, June 30, 2010 10 37 PM To CITY COUNCIL Subject Sunset Beach Annexation To All City Council Members We would like to express our opinion that Sunset Beach should NOT be annexed to Huntington Beach Huntington Beach, our city of residence, could lose thousands of dollars annually if we have to share our city and emergency services with Sunset Beach, and we do not want our taxes raised We feel that a better idea would be for Sunset Beach to be allowed to become its own city Thank you for your attention Sincerely Bill and Alice Selfridge selfridgkearthlink net Expected Close Date 07/02/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Tuesday June 29 2010 12 57 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5648 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Ray & Betty Millett Description From Betty Millett [mailto bettymillett@sbcglobal net] Sent Tuesday, June 29, 2010 12 19 PM To CITY COUNCIL Subject Sunset Beach Annexation Dear Council, I am concerned about the annexation of Sunset Beach to our city, especially if it will affect our taxes I am unable to attend the July meetings, but would like to voice my objection Information has it, that Sunset Beach would rather become its own city, and that this would be a more favorable situation for Huntington Beach Please vote accordingly Ray & Betty Millett 16231 Wayfarer Ln Huntington Beach bettymillettgsbcglobal net Expected Close Date 06/30/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i no ir�l'z June 28 2010 HEkLMYED JUL 062010 Huntington Beach Huntington Beach City Council CITY COUNCIL OFFICE 2000 Main St Huntington Beach, CA 92648 Re Annexation of Sunset Beach Dear Council Members As a resident of the City of Huntington Beach I would like to express my opposition to any plan to annex Sunset Beach I do not want to see an increase in our taxes I believe that Sunset Beach residents should be allowed to go through with their plans to become their own city Let them determine who to contract with for their municipal services Once they have achieved cityhood they can continue the small town vibe that they currently have which benefits all of us in Huntington Beach who spend time in Sunset Beach Thank you Vivian Valenzuela 3235 Anne Circle Huntington Beach, CA 92649 i I PH 71 4 377 2600 5aLEs Tax F?Esr3URCE CiROLIP - -- FAX 71 4 377 2605 I _ _ 16BB2 eOLSA C,HICA SUITE 206 HLJNTINGTON BEACH CA 92649 June 24 2010 V � I Honorable Mayor and City Council Members JUL2010 City of Huntington Beach Huntington Beach 2000 Main Street(4th Floor) CITY COUNCIL OFFICE Huntington Beach CA 92648 I I i I RE Protest of Proposed Annexation of Sunset Beach Dear Honorable Mayor and City Council Members I am writing to protest the proposed annexation of the unincorporated community of Sunset Beach As a Sunset Beach resident and a Huntington Beach business owner I have serious concerns about the impact of the proposed annexation on both the residents �I of Sunset Beach and the residents and businesses of Huntington Beach My first concern is that the residents of Sunset Beach are overwhelmingly in favor of forming a City of Sunset Beach and are actively pursuing incorporation through the LAFCO process A vote to annex Sunset Beach at the July 19 2010 city council meeting would quash any opportunity to complete the incorporation process and deprive Sunset Beach residents of their preferred form of governance that is self-governance I agree with Ms Renee Ellerbrock s comment at the recent study session when she told the city council Its one thing for Huntington Beach to annex a parcel that s undeveloped its another thing to annex a community that's 100 years old without a vote as to whether they want to be part of Huntington Beach or not Regardless of LAFCO s small island provision allowing a city to annex an unincorporated island of less than 150 acres without a vote the use of this provision would unjustly j deprive the residents of Sunset Beach the opportunity to incorporate The truth is while the provision allows a city to annex without a vote it does not require the city to annex without a vote The city council is not bound to annex without giving the Sunset Beach residents a vote and it is not bound to do what is against the wishes of those residents Other concerns with annexation to Huntington Beach relate to the dilution of our ability to control our governing body As a City of Sunset Beach each resident will be one of 1 300 residents As part of the City of Huntington Beach each resident will be one of 200 000+ residents The argument that we will have more local control as residents of Huntington Beach as opposed to residents of the County of Orange is seriously flawed because the I WWW SALESTAXRESC]IJiZCE CAM Protest of Proposed Annexation of Sunset Beach June 24 2010 Page 2 of 2 possibility of remaining an unincorporated island within the County of Orange is no longer realistic The only options are cityhood and annexation and we will not have more local control under annexation Furthermore many residents in Sunset Beach distrust the Huntington Beach City Council because of the perception that the council does not listen to its own residents and does not act according to their wishes The council has an opportunity before them to show the residents of Sunset Beach and Huntington Beach that it does listen The residents are shouting that they do not want the annexation of Sunset Beach to proceed Please listen As a Huntington Beach business owner I oppose the dilution of public services provided to residents and businesses currently provided by the City of Huntington Beach This dilution would occur because the City has determined that it is not necessary to increase fire and police staffing to protect the community of Sunset Beach It is simply unrealistic that the city can increase services to one part of a city and not reduce services to another without increasing overall staffing levels Annexing Sunset Beach will most certainly put additional financial strain on an already burdened city Therefore it is with great respect that I urge you to vote NO on the issue of annexation of the community of Sunset Beach and allow the incorporation process to proceed to completion If you have any questions, please feel free to call me at(714) 377-2600 Sincerely Graham Hoad Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Thursday June 24 2010 4 35 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5614 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Joseph Vicic Description I simply wish to state that I firmly believe that sunset beach should be part of Huntington Beach I have lived/owned property in Sunset for nearly 40 years and I fear that a stand alone city of Sunset beach will invite bankruptcy and eventual devaluation Our entity is simply too small and with too few resources to adequately handle the responsibility of becoming a city I think that a few well intentioned people are making a big push and spending substantial money to become a city but the majority of people would prefer to come under the umbrella of HB ( and retain the name Sunset Beach) I would be available to discuss this issue thank you Expected Close Date 06/25/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Thursday June 24 2010 11 38 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request# 5601 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Sandy Davis Description As a resident of Sunset Beach, I strongly oppose the Huntington Beach annexation It is my belief, that we can "stand alone" as a city, given the options for outsourcing various services We don't want to lose the small town feel of our community It is one of the many reasons we love living there Expected Close Date 06/25/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Wednesday June 23 2010 11 55 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#5593 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name George Vogel Description I have read the consultant's report and that of the HB council and conclude that it is in the best interest of the home owners of Sunset Beach to be annexed by Huntington Beach While I am a short time resident(approximately ten years) I feel we would benefit from annexation I moved here from Corona del Mar While in CDM we maintained our autonomy as a community while benefitting from being part of the larger municipality of Newport Beach I forsee the same relationship in the annexation process All 1,200 residents are not in favor of crtyhood for this beautiful stretch of beach Please do what is right for the community George B Vogel 17151 S Pacific Ave Sunset Beach 90742 Expected Close Date 06/24/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored i Page 1 of 1 Esparza, Patty From Surf City Pipeline [surfcity@user govoutreach com] Sent Tuesday June 23 2009 11 30 AM To Esparza Patty Subject Surf City Pipeline Message About Request# 1232 [99412099439] ---Enter your reply above this line--- Message from employee Johanna Stephenson sent you this message about Request# 1232 Reply to this email to send any comments or message back to the sender Message Patty I don't see this topic on the next Agenda but I decided to send to you just in case Request Information Request type Comment Request area City Council - Comment on a Non-Agenda Item Requestor name Christine Montana Assigned To Johanna Stephenson Description Letters (2) from Ms Montana sent to all individual Council Members regarding her request to pass a resolution to officially not accept either the community of Sunset Beach or the Sunset Beach Sanitary District as within the City of HB's spehere of influence First letter dated 6/17/09 is to Joyce Crosthwaite @ LAFCO in Santa Ana with Council cc'd Second letter dated 6/22/09 is to the Council Members Please open attachments to view Expected Close Date 07/08/2009 6/23/2009 Honorable Mayor Cathy Green P 0 Box 711 Huntington Beach CA 92648 June 13 2010 Dear Mayor Green In Sunset Beach there is a small,vocal group of residents who favor cityhood but by no means are they in the majority Although many Sunset Beach residents are in favor of annexation to Huntington Beach some signed the petition for cityhood even though they were not in agreement, because they didn't want to hurt the feelings of people asking them to sign and also because we all have to live together when the question of annexation versus cityhood is settled This is a small community We are all neighbors We see each other at the Post Office almost every day We are all members of the Sunset Beach Community Association We all work together on the Sunset Beach Art Festival and other community events Wild rumors circulating that if we become part of Huntington Beach the city will place parking lots on the beach in front of oceanfront homes and will approve large commercial ventures much like the redevelopment plan for the Edinger area where the closed Montgomery Ward and Levitz Furniture now stand When and if a vote takes place on whether to become an incorporated city,we believe it will fail to achieve a majority We are in favor of annexation to Huntington Beach as the best option available to Sunset Beach at this time We believe that Huntington Beach has laws in place to deal with some of the undesirable businesses proliferating in Sunset Beach such as marijuana dispensaries tattoo parlors and massage parlors We would be happy to work with Huntington Beach officials and staff to achieve an orderly transition to becoming part of the city of Huntington Beach Fra Maywhort_ Phyllis Maywhort A' &� P O Box 198 16851 Bayview Drive p Sunset Beach CA 90742 201� 1 (562)592 1606 pwmavwhortPyahoo com N��t�� ��o fFLC� Esparza, Patty From Flynn Joan Sent Monday July 19 2010 4 22 PM To Esparza Patty Subject Fw Vote NO on Sunset Beach Annexation Joan L Flynn CIVIC Huntington Beach City Clerk From McKeeverLP@aol com <McKeeverLP@aol com> To Green, Cathy, Hardy, Jill, Bohr, Keith, Carchio, Joe, Coerper, Gil, ddwyer@surfcity hb org <ddwyer@surfcity hb org>, Hansen, Don Cc Flynn, Joan, Broeren, Mary Beth, fwilson@surfcity hb org <fwilson@surfcity hb org>, Emery, Paul, rhall@surfcity hb org <rhall@surfcity hb org>, Hess, Scott Sent Mon Jul 19 16 08 28 2010 Subject Vote NO on Sunset Beach Annexation Wendelyn McKeever Lack 1630 North Main Street, #258 Walnut Creek, CA 94596-4609 July 19, 2010 City of Huntington Beach Mayor and City Council Members 2000 Main St Huntington Beach, CA 92648 Re Proposed Sunset Beach Annexation Dear Mayor and City Council Members My family and I currently own residential properties in both Huntington Beach and Sunset Beach as part of our rental property business We have owned property on South Pacific Avenue in Sunset Beach since 1925, when my grandparents purchased a lot and built a beach cottage there Four generations of my family—all California natives—have enjoyed the tight-knit, small-town Sunset Beach community with its unique, days-gone-by, quasi-rural tone and tenor I oppose both the annexation of Sunset Beach as well as Sunset Beach independent cityhood Sunset Beach should remain unincorporated Doing so will retain our community's unvarnished look and feel, as well as preserve property owners rare view rights and other idiosyncrasies that Sunset Beach natives and visitors cherish i While I currently use my Sunset Beach and Huntington Beach real estate as rental properties, I maintain my local community contacts and, among my friends and neighbors in both Sunset and Huntington I have heard zero support for annexation In fact, there is no compelling reason for Huntington Beach to annex Sunset Beach If Huntington Beach declines to annex Sunset Beach then the preferred status quo can be maintained and Sunset Beach residents can live in peace As a Huntington Beach property owner, I am also concerned about the additional net costs that Huntington Beach could incur as a result of annexation of Sunset Beach Please know that Sunset Beach residents and property owners will not go along quietly or cooperatively with annexation We strenuously insist that we do not wish to be annexed to your city Please just let us live in peace and maintain the status quo in our unique little slice of heaven Leaving us unincorporated doesn't harm anyone It is wrong for a huge city like Huntington Beach to trample on our freedoms to remain free and live in our tranquil little unincorporated village You're an 800-pound gorilla and we're a little bit of nothing so this ain't a fair fight Please just leave us in peace Please don't swallow up Sunset Beach through annexation and then exploit us with land development and new rules we neither want nor need—which everyone knows would inevitably result from Sunset Beach's annexation to Huntington Beach We don't want development and we don't want to be bled dry by new taxes, regulations and fees to help bail out Huntington Beach's budget Won't you just mind your own business9 Please allow Sunset Beach residents to decide their own fates Please vote against annexation and tell Orange County that the issue is closed for consideration Third and fourth generation Orange County Californians in my family await your decision Please won t you do the right thing and vote against Sunset Beach annexation Sincerely, Wendy McKeever Lack Managing Partner McKeever Rentals LLC 925-708-9637 McKeeverLP2aol com Owner 16871-3 South Pacific Avenue Sunset Beach, CA 90742 15861 Wicklow Lane Huntington Beach, CA 92647 z 8/2/2010 Sunset Beach Annexation fq 4 Why change the Status Quo? . Small, isolated unincorporated island >Pz) 9 1,227 people, 85 acres . Surrounded by Huntington Beach and Pacific Ocean 8/2/2010 * For years State law recognized the ` inefficiency of large counties providing municipal services to isolated unincorporated islands • LAFCO placed Sunset Beach in the City s Sphere of Influence last summer 2 8/2/2010 oThis means that Sunset Beach can only be annexed into Huntington Beach Implications of Annexing Sunset Beach Fiscal Analysis 3 8/2/2010 Annexation Revenue/ Expenditure based on original report Revenues Expenditures Projected Surplus General Fund $795 510 Other $439 855 Revenues Available for Operations $1 235 365 $664 140 $571 225 Road $176 555 $123 521 $53 034 Revenues TOTAL $1 411 920 $787 661 $624 259 Note The City of Huntington Beach is in ongoing discussions with the County of Orange to continue funding Manne Safety Services within Sunset Beach for a two to three year period past annexation Public Service/ Infrastructure Impacts Minimal Impacts on City services, except for • Community Services (beach maintenance, marine safety) • Public Works (Park Maintenance) No additional costs projected for • Police • Fire 4 8/2/2010 Summary • City services can be provided to the annexed area without additional burden on the taxpayers This annexation will provide more efficient service to Sunset Beach compared to other service alternatives Peer Review Assessment of City Annexation Study o Completed by EPS, consultant to Orange County LAFCO o Identified underestimated and overestimated revenues and expenditures o Net surplus assuming all of the findings = $440,000 5 8/2/2010 Sunset Beach Community Association is Concerned with a Number of Issues Including but not limited to Maintain Identity with Signage Liaison with the City Council O Keep LCP, new plans submitted to local advisory board Keep parking permits at same price Y Continue encroachment programs, transfer current records to City Support police use of fire station Maintain independence of the Sanitary District Support current postal delivery system City take over maintenance of beach and greenbelt Limit future undesirable businesses Confirm County Ir Lifeguard contract details Complete undergrounding projects ® Obtain County funds to repave certain streets Annexation Benefits to Sunset Beach . More efficient delivery of local municipal services Funds available for Capital Improvements and Repair No Utility Users Tax Elimination of 10% water surcharge Regulations that could prevent undesirable land uses such as weekly vacation rental and medical marijuana dispensaries Engineering support for underground projects Street sweeping twice a month 6 8/2/2010 Sunset Beach Commissioned Incorporation Report Annual Operations More Expensive Incorporation Requires New Taxes and Fees s UUT of 5 - 10% 910% TOT extended to weekly rentals • 5% franchise fees * Parking Lot Meters (Scenario #3) Key Incorporation Issues (Continued) No Provision for Capital Improvements * Broadway Bridge Repair W *Share of dredging project * Future street resurfacing Automatic Aid Agreements support adjacent jurisdictions and not be the primary service Agency Need to resolve water service including possible acquisition of water system 7 8/2/2010 Peer Review Assessment of Incorporation o Completed by EPS, consultant to Orange County LAFCO o Scenarios 1 and 2 do not meet minimum criteria for feasibility per government code section 56720 o Scenario 3 shortfalls continue to be negative by year 10, should not be deemed feasible Sunset Beach Incorporation — Application of Peer Review to the Preliminary Feasibility Analysis Presented by John Goss ® Ralph Andersen ■"� &Associates 8 8/2/2010 Peer Review Implications -Scenarios 1 and 2 do "not meet the minimum criteria for feasibility " -Scenario 3 which requires a 10% Utility Users Tax and parking meters " shortfalls continue to be negative by year 10, the shortfall is a negative 3% of costs, which should not be deemed feasible." Peer Fiscal Review In addition to the Peer Review Conclusion ■ Scenarios 1 and 2 incorporation budget is understated by $248 700 (expense) and $100 000 (revenue) for a total shortfall of$348 700 ■ Scenario 3 by year 6 understates expense by $298 700 and revenue by $100 000 for a total shortfall in scenario 3 of$398,700 ■ These additional shortfalls create budget deficits for all three scenarios for years 2 - 10 9 8/2/2010 Other Fiscal Impacts It is unknown if Sunset Beach will obtain the lowest cost provider for services It is unknown if Sunset Beach will need to make mitigation payments to the County for revenue neutrality There is no funding when the next round of street resurfacing is required There is no funding for other city capital improvements Conclusions Based on Preliminary Feasibility Analysis Scenarios 1 and 2 do not meet minimum criteria for feasibility The review also concludes that the proposed city would experience shortfalls beginning in year 5 under Scenario 3, which should be deemed infeasible 10 8/2/2010 Annexation Process o Complete fiscal and operational analysis (General Plan Requirement) o Submit Application to LAFCO/CEQA documents o Prezone the area o Certificate of Filing issued by LAFCO Annexation Process (cont'd) o LAFCO holds public hearing o LAFCO Board has no discretion to deny the application under state law o LAFCO Board approves the application as filed, or with conditions 11 8/2/2010 Timeline Upon Council Direction to proceed September 2010 Planning Commission Environmental and Zoning October 2010 City Council Resolution for Application to LAFCO Environmental and Zoning Tax Sharing Agreements December 2010 LAFCO Public Hearing January 2011 Record Annexation Questions 12 Esparza, Paa From Surf City Pipeline [noreply@user govoutreach com] Sent Friday July 30 2010 1 12 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#6001 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Diana Mizera Description I urge your vote AGAINST annexation of Sunset Beach Of great concern is the eventual destruction of Sunset's character However, of primary significance is that Huntington Beach does not need the additional encumbrance of taking over marine safety services in twenty-four months Long term,this annexation would not be a prudent or fiscally beneficial choice for the City of Huntington Beach or her residents PLEASE VOTE NO Expected Close Date 08/02/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored Esparza, Eta From Surf City Pipeline [noreply@user govoutreach com] Sent Monday August 02 2010 11 01 AM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#6022 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Arlene Mayor Description Arlene called to say she would like you to vote no on annexation Expected Close Date 08/03/2010 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored P �/1Q Print Request Page 1 of 1 Request 6023 Entered on 08/02/2010 11 36 Ally By Johanna Stephenson Customer Information Name Jeff Nutts Phone Address Alt Phone Email Request Classification Topic City Council Comment on an Agenda Request type Comment Item Status Closed Priority Normal Assigned to Johanna Stephenson Entered Via Phone City Council 8 All Members of City Council Description Johanna spoke to citizen Reason Closed Thanked citizen for the call Date Expect Closed 08/03/2010 Date Closed 08/02/2010 11 38 AM By Johanna Stephenson Enter Field Notes Below Notes A7VA-2-X - 7CJ,4-) Notes Taken By Date (-,412F C0J1 1f 6,-3-7 v,j _ 7 http //user govoutreach coin/surfcrty/printrequest php?cured=431164&type=0 8/2/2010 Print Request Page 1 of 1 Request 6024 Entered on 08/02/2010 11 41 AM By Johanna Stephenson Customer Information Name Patricia Swancutt Phone Address Alt Phone Email Request Classification Topic City Council Comment on an Agenda Request type Comment Item Status Closed Priority Normal Assigned to Johanna Stephenson Entered Via Phone City Council 8 All Members of City Council Description Johanna spoke to citizen Reason Closed Thanked citizen for the call Date Expect Closed 08/03/2010 Date Closed 08/02/2010 11 41 AM By Johanna Stephenson Enter Field (Votes Below Notes 06'q)sd' ]2) /'-n21,)LM 101 Notes Taken By Date http //user govoutreach com/surfcity/prmtrequest php?cured=431173&type=0 8/2/2010 Esparza, Patty From Surf City Pipeline [noreply@user govoutreach com] Sent Monday August 02 2010 1 44 PM To CITY COUNCIL agendaalerts@surfcity hb org Subject Surf City Pipeline Comment on an Agenda Item (notification) Request#6027 from the Government Outreach System has been assigned to Johanna Stephenson Request type Comment Request area City Council - Comment on an Agenda Item Citizen name Elizabeth Gellatly Description August 2, 2010 Dear Council Members, ALL As a US citizen and current new resident of Huntington Beach, I am deeply troubled by the actions of the City Council Members on the issue of the Sunset Beach Annexation For any government entity to act in contrary to the U S Constitution is appalling Although the law, as currently written, allows you act in contrary to the Constitution, I believe you have a moral obligation not to do so In any case, it would be morally wrong to deny even 1 citizen the right to vote if they chose to do so In the case of Sunset Beach, over 80% of the Sunset Beach residents OPPOSE ANNEXATION and demand the right to vote on this issue I am also a former Sunset Beach resident of ten years and I know personally that most of these residents are against this As elected officials, you have relied on the citizens of Huntington Beach for their vote You would not be in the position you are today without their VOTE If those citizens were denied that opportunity, you would not be in the position you are today Whether or not Huntington Beach wants Sunset Beach or even needs Sunset Beach, the issue before you is simple It's a matter of right and wrong Are you willing to do the right thmg9 One of the definitions found for the term `moral" is founded on the fundamental principles of right conduct rather than on legalities, enactment, or custom moral obligations You DO NOT have to vote on the annexation of Sunset Beach What you DO HAVE is an obligation to act morally and allow the residents of Sunset Beach the opportunity to decide for themselves what they want to do As a parent, and grandparent, I taught about right and wrong, morals and ethics As a 27 year teacher, I do the same What would be the message being sent by the Huntington Beach City Council if you voted in favor of annexation and denied the citizens of Sunset Beach their right to vote or participate in their own destiny? The implications of this are against you What will you tell your own children when they ask you why you voted against 80% of the citizens of Sunset Beach? The answer, "Because I could," is not morally acceptable Please do the right thing Sincerely, Elizabeth Gellatly 19929 Derbyshire Lane /U HB Ca 92646 Expected Close Date 08/03/2010 //^� 1, ��;'/ -7v Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored 2 Wendelyn McKeever lack 1630 North Main Street, #258 Walnut Creek, CA 94596-4609 July 19,2010 City of Huntington Beach Mayor and City Council Members 2000 Main St Huntington Beach, CA 92648 a Re Proposed Sunset Beach Annexation Dear Mayor and City Council Members My family and I currently own residential properties in both Huntington Beach and Sunset Beach as part of our rental property business We have owned property on South Pacific Avenue in Sunset Beach since 1925,when my grandparents purchased a lot and built a beach cottage there Four generations of my family—all California natives—have enjoyed the tight-kmt, small-town Sunset Beach community with its unique, days-gone- by, quasi-rural tone and tenor I oppose both the annexation of Sunset Beach as well as Sunset Beach independent cityhood Sunset Beach should remain unincorporated Doing so will retain our community's unvarnished look and feel, as well as preserve property owners' rare view rights and other idiosyncrasies that Sunset Beach natives and visitors cherish While I currently use my Sunset Beach and Huntington Beach real estate as rental properties, I maintain my local community contacts and,among my friends and neighbors in both Sunset and Huntington I have heard zero support for annexation In fact,there is no compelling reason for Huntington Beach to annex Sunset Beach If Huntington Beach declines to annex Sunset Beach,then the preferred status quo can be maintained and Sunset Beach residents can live in peace As a Huntington Beach property owner, I am also concerned about the additional net costs that Huntington Beach could incur as a result of annexation of Sunset Beach Please know that Sunset Beach residents and property owners will not go along quietly or cooperatively with annexation We strenuously insist that we do not wish to be annexed to your city) Please just let us live in peace and maintain the status quo in our unique little slice of heaven Leaving us unincorporated doesn't harm anyone It is wrong for a huge city like Huntington Beach to trample on our freedoms to remain free and live in our tranquil little unincorporated village You're an 800-pound gorilla and we're a little bit of nothing so this ain't a fair fight Please just leave us in peace Letter to Huntington Beach City Council July 19, 2010 Page 2 of 2 , Please don't swallow up Sunset Beach through annexation and then exploit us with land development and new rules we neither want nor need—which everyone knows would inevitably result from Sunset Beach's annexation to Huntington Beach We don't want development and we don't want to be bled dry by new taxes,regulations and fees to help bail out Huntington Beach's budget Won't you just mind your own busmess9 Please allow Sunset Beach residents to decide their own fates Please vote against annexation and tell Orange County that the issue is closed for consideration Third and fourth generation Orange County Californians in my family await your decision Please won t you do the right thing and vote against Sunset Beach annexation? Sincerely, Wendy Mc eever Lack Managing Partner McKeever Rentals LLC 925-708-9637 Owner 16871-3 South Pacific Avenue Sunset Beach, CA 90742 0 15861 Wicklow Lane Huntington Beach,CA 92647 cc Annie Burns,Orange County Register