All Forum Posts by: John A Murray

Dear Councilman Austin and Councilwoman Saro,
My name is John Murray and I am a life-long resident of Long Beach. 
I am writing to you as a result of an issue I've had with both the city and Long Beach Unified when I applied for a building permit in 2020 to convert my 360 square foot garage into an ADU to provide housing for my 92 year-old mother-in-law. Your help as members of the Long Beach City Council ADU taskforce is needed.
I applied for the building permit with Long Beach Development Services and was informed that I was required to pay a school impact fee to Long Beach Unified. No school fee paid=no city building permit. I was aware of the recent bill signed by the governor-SB 13-that eliminated this fee for small ADU's effective January 1, 2020, and verified that with the Department of Housing and Community Development (HCD). They provided me with an advisory letter (attached) they had produced regarding the Azusa Unified School District.
Both Long Beach Unified (LBUSD) and Long Beach Development Services (LBDS) would have none of that, and I was forced to pay a $1,440 school impact fee, which I did-under protest.
To make a long story short, I went through the LBUSD grievance process (grievance denied). The HCD, in conjunction with the Office of the Attorney General, then provided an advisory letter to the LBUSD (attached) stating the fee they charged me was illegal. I appealed in writing, providing the letter and the HCD ADU handbook (attached), to the LBUSD Superintendant, LBUSD School Board, the City Manager, the Director of Development Services, the LBDS "Ombudsman" and the City Attorneys office-all to no avail and minimal response.
The director of the LBDS also month even provided a memo (attached) to the City Manager-at your request-which showed neighboring large cities to do not charge this fee for small ADU's like mine (under 500 square feet). I contacted these cities to inquire why they do not charge these fees and they said state law does not allow them to.
This illegal fee I was forced to pay is especially grievous to me as I was an eager proponent of the two recent Measures (E and K) that provided 2.4 BILLION dollars in bond funds to the LBUSD. I even attended Measure K meetings and distributed literature at school sites. My wife and I, not only donating thousands of dollars and hundreds of hours, received PTA "Parents of the Year" awards, my small business was a partner (funding "regular" lunches for students without funds) with the LB Education Foundation, and I was a volunteer athletic assistant coach at Poly High School.
My recent records request shows that in the 18 months subsequent to implementation of SB 13 (Jan 1 2020 to June 30 2021) the LBUSD received 300 less-than 500 square foot ADU applications and received $461,000 in illegal school impact fees. These applicants are not real estate/developer entities but regular people trying to do right by their families. Why this greedy school district AND the city of Long Beach knowingly refuse to comply with state law is beyond me, but it must be stopped and corrected-retroactively and going forward. Peolple deserve a refund of their now probably $800,000 in these illegal fees paid from January 1, 2020 to date. Forcing this illegal fee not only restricts development of ADU's it penalizes those who move forward with these plans, which is the opposite of what needs to happen with regard to providing new housing.
Thank you for your anticipated co-operation.

$200-$275 sf all in hands off good-not custom-quality garage conversion.

Boy that's a real cheap BS letter. LBUSD wrote a multi-page BS letter. I would send CUSD everything HCD letters and handbook and just maybe they'll do the right thing. I would also go through their protest procedure.

Not worth holding up project for a couple grand IMO. I paid under protest, and not going away.

One more-the HCD ADU handbook which specifically addresses the illegality of school impact fees for less-than 500 sf ADU's on page 14...

https://www.hcd.ca.gov/policy-...

Mark first step is to follow the Capo District dispute process so there is no procedural claim by the district. Also contact Greg Nickless and Shannan.West at the HCD (won't let me post their email addresses but is on letters linked below) and request assistance. I have contacted my State Assemblyman, State Senator, CA Attorney Generals office (David Pai), State Senator Bob Wieckowski (he wrote SB13)and especially the Building Department Manager, the City Manager/Mayor, the City Attorney and the School Board members. Send them the links to the Azusa and Long Beach School Districts HCD advisory letters here:

HCD Azusa letter.pdf

HCD LBUSD ltr.pdf

along with the link to the survey (below). You can do that all in one letter cc everyone etc.

I spoke to the head of Long Beach Development Services yesterday. He had ignored my emails for months but returned yesterdays phone message. He tried to disclaim responsibility for forcing applicants to be fleeced by the school district ("we didn't get the money they did") but I told him "I applied for a building permit with your office, not the school district, you told me I had to pay them to get a building permit, that specific school impact fee charge is in all your permit literature, and you provided me with their application. I have all this in an email from one of your people". Dead silence. He just gave me the bums rush, and implied that the city and the school district are not interested in capitulating unless forced to by legal action.

He had even peformed a survey last month-doing us a favor unknowingly-as a result of a request by a LB City Council housing task force, which shows that Long Beach is the only local school district surveyed that charges this fee for less-than 500 sf ADU's...see attachment at end of memo here:https://www.longbeach.gov/glob... What a dummy.

So, waiting on the upcoming letter from the HCD, responding to the whining of the LBUSD, to move on to the next step and hopeful state enforcement. 

I'll update when new information comes up.

Long Beach Unified sent a letter to the HCD after they received the letter you noted that was written on my behalf. In the letter they disagree with the HCD and continue to arrogantly refuse to follow the law. The HCD has a response letter in review that they will send out soon, and it looks like the LBUSD will not get their way. They don't want to capitulate since the letter the HCD sent them (in coordination with the Attorney Generals office) states that this fee has been illegal for twenty years. That's a lot of money to pay back. The LBUSD has even charged for small projects of well under 500sf. The intent of this fee is to mitigate costs to a School District as a result of the construction. To the LBUSD and some other Districts it's just a money-maker. That is unless someone can tell me how my small studio unit (for my ninety year-old mother in law) or a 150 sf alteration would financially impact the LBUSD. 

I learned in a phone survey that unlike Long Beach, many School Districts do not charge this fee for any construction under 500sf.

The city of Long Beach is on board with them. They too are well aware of the twenty years they have forced residents to pay this fee and their own subsequent liability.

So far I have just gotten the bums rush from the city manager, city attorney, Development Services and individual school board members.

Steve I would recommend you follow the LBUSD protest process like I did. First step is a letter then second and final step is a zoom "hearing". They will deny your claim but you will be on the record.

I'll update here when the HCD sends their response letter to the LBUSD.

Billy Chan BHR Construction decades in Long Beach completed my ADU last year great price great job great guy. 562-661-0125.

In Long Beach I ran everything from the house to the ADU, but through sub-meters (EKM).

EKM Metering - Next Level Metering Solutionshttps://www.ekmmetering.com/shop

I just installed this sub-meter system (gas-water-elec) for my detached garage conversion ADU; pretty slick.

EKM Metering - Next Level Metering Solutions

https://www.ekmmetering.com/shop