Municipal Code, Complete - City of Santa Barbara

4.65.040 Municipal Improvement Act of 1913 - Amendments and Deletions.
Certain provisions of the California Streets and Highways Code, as incorporated in this Chapter, are revised or
deleted, as follows:
A. Definitions.
1. Section 10003 of the California Streets and Highways Code is amended to read that "Municipality" and
"City" shall mean the City of Santa Barbara, California.
2. Section 10004 of the California Streets and Highways Code is amended to read that "Legislative body"
shall mean the City Council of the City of Santa Barbara.
3. Section 10010 of the California Streets and Highways Code is amended to read that "Acquisition" (or
any of its variants) shall mean and includes one or more of the following:
a. All or any portion of any privately owned works, improvements, appliances or facilities, necessary
to bring unreinforced masonry buildings in the City into compliance with the Regulations. Said improvements may
be acquisitions hereunder whether or not they are in existence and installed in place on or before the date of adoption
of the resolution of intention for the acquisition thereof;
b. Electric current, gas or other illuminating agent for power or lighting service incidental to the works
described in subsection (a);
c. Any real property, rights-of-way, easements or interests in real property, acquired or to be acquired
by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or
operation of any work or improvement described in subsection (a);
d. The payment in full of all amounts necessary to eliminate any fixed special assessment liens
previously imposed upon any assessment parcel included in the new assessment district. The cost of such payment
shall be included in the new assessment on such parcel. This subdivision shall be applicable only in cases where such
acquisition is incidental to other acquisitions or improvements.
4. Acquire - Acquisition. As used herein with respect to any improvements, the term "acquire" or the term
"acquisition" shall refer to improvements to be financed hereunder to be acquired by the owner of the property to be
improved, and shall not refer to the acquisition by the City of any improvements or property.
B. Substantive Changes.
1. Section 10100 of the California Streets and Highways Code is hereby amended to read as follows:
"Section 10100. Authorized improvements. Whenever the public convenience and necessity require, the
City may pay the cost of all work and improvements, whether acquired, owned, installed, constructed, authorized or
undertaken by any Owner which are necessary or incidental to comply with the Regulations.
2. Section 10112 of the California Streets and Highways Code is amended to read as follows:
"Section 10112. Preliminary steps as improvements. In the case of any proposal for the construction or
acquisition of improvements pursuant to this division, the preliminary steps for the proposal, including, but not
limited to, environmental impact reports, feasibility studies, engineering plans, cost estimates, legal expenses, the cost
of title searching, description writing, salaries of right-of-way agent, appraisal fees, partial reconveyance fees,
surveys, sketches, maps, expenses incident to property acquisition, costs of obtaining necessary governmental permits
and elections may themselves be deemed, in the discretion of the legislative body, to be improvements within the
meaning of this division."
3. Paragraph (b) of Section 10204 of the California Streets and Highways Code is amended to read as
follows:
"(b) A general description of works or appliances already installed or being installed or to be installed
and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or
property are to be acquired as part of the improvement. In the case of the acquisition of improvements being or to be
installed pursuant to contracts executed by any developer or landowner, a schedule showing, as of the date of
adoption of the resolution of intention, the total amount paid on such contracts, the estimated schedule of payments
remaining under the contracts, and the estimated completion date for each phase of the construction of the
improvements to be acquired."
4. Section 10301 of the California Streets and Highways Code is amended to read as follows:
"Section 10301. Hearing of protests; time and place; notice. After preliminarily approving the report,
the legislative body by resolution shall appoint a time and place for hearing protests to the proposed improvements
and acquisitions and shall direct the clerk of the legislative body to give notice of the hearing as provided in this
Chapter, and shall designate a newspaper of general circulation in which the notice shall be published. The hearing
shall be held not less than 30 days after the passage of the resolution."
5. Sections 10009, 10104 and 10700-10706 of the California Streets and Highways Code are not
incorporated in this Chapter and shall not be applicable to the doing of work, the acquisition of improvements, and
the issuance of bonds pursuant to this Chapter. (Ord. 4735, 1991.)
4.65.050 Alternate Assessment Collection Procedures -- Supplement to Improvement Bond Act of 1915.
As a complete and alternative method of collecting the assessment and installments thereof under this Chapter, the
City may by resolution establish a collection procedure not requiring that the assessment or installments thereof be
collected on the tax rolls of the County of Santa Barbara; provided, that such alternative collection procedure shall be
described in the Resolution of Intention adopted hereunder. (Ord. 4735, 1991.)
87-9 rev. 3/31/92