CHAPTER 2.
FUNDS

Sections:

Article 1.    Gas Tax Street Improvement Fund

3-2.101    Created

3-2.102    Deposits

3-2.103    Expenditures

Article 2.    Bay-Shellmound Contingent Assessment Special Fund

3-2.201    Special Fund Created

3-2.202    Administration of Special Fund

3-2.203    Termination of Special Fund

Article 3.    Repealed

Article 4.    Contribution for Art in Public Places Program

3-2.401    Purpose

3-2.402    Definitions

3-2.403    Contribution Requirements

3-2.404    Emeryville Public Art Fund

3-2.405    Guidelines for Implementation of this Article

3-2.406    Compliance

3-2.407    Waiver of Conditions

3-2.408    Violations of this Article

Article 5.    General Plan Maintenance Fee Fund

3-2.501    Created

3-2.502    Determination of Valuation

3-2.503    General Plan Maintenance Fee

3-2.504    Use of Fee

3-2.505    Annual Review

Article 1.    Gas Tax Street Improvement Fund

3-2.101 Created.

To comply with the provisions of Section 2113 of Chapter 3 of Division 3 of the Streets and Highways Code of the State, with particular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is hereby created in the City Treasury a special fund to be known as the “Special Gas Tax Street Improvement Fund.”

(Sec. 1, Ord. 255, thereafter codified in Sec. 2.35, E.T.C.)

3-2.102 Deposits.

All moneys received by the City from the State pursuant to the provisions of the Streets and Highways Code of the State for the acquisition of real property, or interests therein, or for the construction, maintenance, or improvement of streets or highways, other than State highways, shall be paid into the Special Gas Tax Street Improvement Fund.

(Sec. 2, Ord. 255, thereafter codified in Sec. 2.36, E.T.C.)

3-2.103 Expenditures.

All moneys in the Special Gas Tax Street Improvement Fund shall be expended exclusively for the purposes authorized by, and subject to, the provisions of Sections 2107 through 2116 of Chapter 3 of Division 3 of the Streets and Highways Code of the State.

(Sec. 3, Ord. 255, thereafter codified in Sec. 2.37, E.T.C.)

Article 2.    Bay-Shellmound Contingent Assessment Special Fund

3-2.201 Special Fund Created.

There is hereby created in the City Treasury a special fund to be known as the “Bay-Shellmound Contingent Assessment Special Fund,” which fund shall be maintained and administered in accordance with the provisions of this Article 2.

(Sec. 1, Ord. 93-002, eff. Mar. 18, 1993)

3-2.202 Administration of Special Fund.

Upon receipt by the City, all proceeds of the contingent assessments which have been levied upon the respective parcels within the integrated financing district which has been formed and the boundary of which is coterminous with the boundary of the Bay Street-Shellmound Street Extension Assessment District (the “Assessment District”) shall be deposited in said special fund. Both the proceeds and the investment earnings thereon shall be disbursed annually, pursuant to Section 10205 of the California Streets and Highways Code, for the purpose of providing a credit upon the special assessments levied within said Assessment District, as more fully provided by Section 10427.1 of the California Streets and Highways Code.

Annually, and not later than July 1 of each year, for as long as any of the improvement bonds of said Assessment District (or refunding bonds issued in relation thereto) remain outstanding, the City, acting through the Director of Finance of the City, shall determine the amount of the credit to be applied from funds on deposit in said special fund to the next succeeding assessment installment for each of the parcels in said Assessment District (or for rebate on account of special assessments previously paid off, as the case may be), utilizing the proportionality of credit (or rebate) as prescribed by said Section 10427.1.

(Sec. 2, Ord. 93-002, eff. Mar. 18, 1993)

3-2.203 Termination of Special Fund.

At such time as the balance on deposit in said special fund, when combined with the balances on deposit in the reserve fund and bond redemption fund for the improvement bonds of said Assessment District (or refunding bonds issued in relation thereto) shall total the amount necessary to call and redeem all of said bonds still outstanding, then at such time the remaining balance then on deposit in said special fund shall be transferred to said bond redemption fund to be utilized for the purpose of redeeming said bonds, and said special fund thereupon be terminated and shall cease to exist.

(Sec. 3, Ord. 93-002, eff. Mar. 18, 1993)

Article 3.    Repealed by Ord. 14-008, Eff. Aug. 14, 2014

Article 4.    Contribution for Art in Public Places Program*

*    Editor’s Note: The provisions set out in this article were originally added to the Code as Secs. 9-4.91.5 through 9-4.91.12 by Sec. 2 of Ord. 90-20, eff. Jan. 17, 1991. Sec. 6 of Ord. 92-06 renumbered the provisions set out in Ord. 90-20 Sec. 2 to their current location in the Code.

3-2.401 Purpose.

The City Council hereby declares that the City has a policy of promoting the visual arts in Emeryville by requiring the inclusion of a public artwork component in new development projects in Emeryville. Therefore, as of the effective date of the ordinance codified in this article, the City shall require that certain City-sponsored developments and certain private developments use a portion of building development funds for the acquisition of publicly accessible works of art for placement on the development site or elsewhere in the City as a condition of project approval.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

3-2.402 Definitions.

For purposes of this article, the following definitions shall apply:

(a)    “Building development costs” shall mean those construction costs as declared on all building permit applications, and as accepted by the Building Official. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.

(b)    “Art in Public Places Program in-lieu contribution” shall equal the percentage of building development costs required herein.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992: Sec. 2 (part), Ord. 09-002, eff. Mar. 5, 2009)

3-2.403 Contribution Requirements.

(a)    Private Developments. Private nonresidential and non-live-work building developments with building development costs in excess of three hundred thousand dollars ($300,000.00) and subject to design review approval pursuant to Section 9-4.84.2 shall devote an amount not less than one percent (1%) of such costs for acquisition and installation of publicly accessible art on the development site. Private residential and live-work building developments of twenty (20) or more units and subject to design review approval pursuant to Section 9-4.84.2 shall devote an amount not less than one-half of one percent (0.5%) of such costs for acquisition and installation of publicly accessible art on the development site.

(1)    At the discretion of the owner or developer, and in lieu of developing an on-site public artwork, an Art in Public Places in-lieu contribution may be placed into the Emeryville Public Art Fund for acquisition and placement of public art throughout the City.

(2)    Contributions of funds or other involvement with the Redevelopment Agency shall not necessarily change the characterization of the project as a private development.

(b)    Public Developments. For public building developments by the City of Emeryville or Redevelopment Agency, with building development costs in excess of three hundred thousand dollars ($300,000.00) and subject to design review approval pursuant to Section 9-4.84.2, the City or Redevelopment Agency shall expend an amount not less than one and one-half percent (1.5%) of such costs for publicly accessible art on the development site.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992; Sec. 2, Ord. 05-002, eff. Apr. 14, 2005: Sec. 2 (part), Ord. 09-002, eff. Mar. 5, 2009)

3-2.404 Emeryville Public Art Fund.

There is hereby created an Emeryville Public Art Fund, which funds shall be restricted to the implementation of the Art in Public Places Program, as set forth in the Emeryville Capital Improvement Program. Such funds may be used to acquire, place, and maintain public art on public property throughout the City, and to administer the Art in Public Places Program.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

3-2.405 Guidelines for Implementation of this Article.

Guidelines for implementation of the Art in Public Places Program shall be promulgated by the Public Art Committee to be approved by the Emeryville City Council.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

3-2.406 Compliance.

Compliance with the provisions of this article shall be demonstrated by the owner or developer at the time of filing the Building Permit application as follows: (a) payment of the full amount of the in-lieu contribution, or (b) written proof to the Building Department of a contractual agreement to commission or purchase and to install the requested art work on the development site. The owner or developer shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the in-lieu contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this article.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

3-2.407 Waiver of Conditions.

Any or all of the provisions of this article may be waived pursuant to waiver provisions established in the approved Guidelines for Implementation.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

3-2.408 Violations of this Article.

In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any discretionary permit granted to any owner or developer who violates the provisions of this article.

(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992)

Article 5.    General Plan Maintenance Fee Fund

3-2.501 Created.

There is hereby created in the City Treasury a special fund to be known as the “General Plan Maintenance Fee Fund,” which fund shall be maintained and administered in accordance with the provisions of this article.

(Sec. 2 (part), Ord. 04-001, eff. May 20, 2004)

3-2.502 Determination of Valuation.

As used in this article, the determination of “construction valuation” for purposes of calculating the General Plan Maintenance Fee shall be made by the Building Official and shall be the total value of all construction work for which a building permit is issued, as well as all grading, finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

(Sec. 2 (part), Ord. 04-001, eff. May 20, 2004)

3-2.503 General Plan Maintenance Fee.

A general plan maintenance fee (“fee”) is hereby established on issuance of all building, electrical, plumbing, mechanical, grading and fire permits (“building permit”) within the City of Emeryville. The City Council shall establish the fee as a percentage of construction valuation declared on a building permit. The fee shall be adopted as part of the City of Emeryville Master Fee Schedule. As provided in Section 3-2.502 above, the Building Official shall determine the construction valuation covered by the building permit and then calculate the fee as a percentage of construction valuation at the rate as established by the Master Fee Schedule. The fee shall be charged and collected by the Building Official upon issuance of a building permit.

(Sec. 2 (part), Ord. 04-001, eff. May 20, 2004)

3-2.504 Use of Fee.

The revenues raised by payment of this fee shall be placed in the General Plan Maintenance Fee Fund, and such revenues, along with any interest earnings earned on that account, shall be used solely for costs reasonably necessary for the City to prepare, update and revise the City of Emeryville General Plan, the City of Emeryville Zoning Ordinance, and any other such plans or policies that the City is required to adopt before it can make any necessary findings and determinations required by law.

(Sec. 2 (part), Ord. 04-001, eff. May 20, 2004)

3-2.505 Annual Review.

On an annual basis the Planning Department, in conjunction with the Finance Department, shall review the fee rate, the Fund balance, and projected construction valuation in the City of Emeryville in relation to the costs incurred and projected to be incurred by the City to prepare, update and revise its plans and policies. As a result of such review, the City Council shall make such necessary adjustments to the fee so that it does not exceed the estimated reasonable cost of preparing, updating and revising the City of Emeryville General Plan, the City of Emeryville Zoning Ordinance, and any other such plans or policies that the City is required to adopt before it can make any necessary findings and determinations required by law.

(Sec. 2 (part), Ord. 04-001, eff. May 20, 2004)