HomeMy WebLinkAbout03/18/94B A K E R S F I E L I)
MEMAR
T0: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOHN W. STINSON, ASSISTANT CITY MANAGER
THROUGH: ALAN TANDY, CITY MANAGER
SUBJECT: GENERAL INFORMATION
1. A Hotel-related information update:
March 18, 1994
.�
First of all, please disregard the newspaper story that appeared on Friday.
It had several inaccuracies. The situation is that Hammons will not sign
the agreement with the Trade Council unless all of the members of the Trade
Council are signatories. That is, simply, because there is nothing to gain
if some of them don't sign. It is the same lawsuit, etc., for one as it is
for all. The Operating Engineers Local No. 12, which are not big players
in the project, are the "hold outs." If you have any basis for influencing
them, or contacting them, you should utilize it. It would be better if it
were positively resolved.
2. The new Public Works Director is a certified engineer, not a certified
surveyor. A certified surveyor is not required by the job specification.
This condition, however, will require us to make an amendment to one
ordinance, which I consider to be minor, to allow others, who are
registered as surveyors, to sign tract maps.
3. There is a memo enclosed from the Public Works Department regarding the
emergency repairs due to the sewer main line failure at the intersection of
Brundage Lane and Chester Avenue last Monday afternoon. Staff did a good
job of responding to this emergency and making repairs in a timely manner.
This type of event reminds us of the necessity to continue the maintenance
of our infrastructure, particularly in older areas of the City.
4. Included, for your information, is a list of 1994-95 P.U.C. Nominations for
Separation of Grade projects. The #2 rated project involves closing the
Sonora Street and Tulare Street crossings of the Santa Fe Railroad, and the
project would include elevating the tracks at �aker Street and East Truxtun
and Beale Avenue. This project appears almost certain to be funded, if
agreements are reached between the City and the Railroad. We may receive
some opposition from the Railroad, due to the elevation of the tracks and
concern from the adjacent neighbors about excessive noise. The City does
have the final say on whether the project proceeds, or not.
5. The City received �ood news regarding the County's application for a
Recycling Market Development Zone. The application ranked in a tie for
second place among all submitted throughout the State, and was one of two
applications recommended by the staff of the Integrated Waste Management
HONORABLE MAYOR AND CITY COUNCIL
March 18, 1994
Page -2-
Board for immediate designation, not conditional designation. This
designation will help attract recycling type businesses to Kern County, and
the Bakersfield area.
6. Responses to Council inquiries and referrals are enclosed regarding a
Workers Compensation Seminar by San Joaquin Industrial Medicine, the Kern
River Parkway Foundation Tree Planting Proposal, and the Panama Lane at
South "H" Street traffic signal.
7. The organization meeting of the City Selection Committee has been called
for Monday, March 28, 1994, with the purpose of selecting a Chairperson,
Vice Chair and, most importantly, to select two members and an alternate
member to the Local Agency Formation Commission (LAFCO). Current members
are Mel McLaughlin and Donald Burkett, with Councilmember Salvaggio serving
as the alternate member. This will be an opportunity for providing full
time representation which is more supportive of City annexation policies
and encouragement of development occurring within City boundaries.
8. I have enclosed a status report from the County �egarding formation of a
Metropolitan County Service Area for park and recreation services. It
appears that the County Administrative Office has requested that the Board
of Supervisors designate the Parks and Recreation Department as the lead
department to further implement the proposed CSA for recreation and parks.
The report indicates that a master plan for the Metro Sports Complex must
be completed, as well as a plan for capital improvements and maintenance of
County parks. City staff will continue to meet with their County
counterparts in order to determine what options remain to provide enhanced
park and recreation services.
9. Attached, for your information, is some material regarding Assembly Bill
3505, which proposes a per capita allocation of sales tax. This particular
legislation would have significant impacts on the City of Bakersfield as a
regional sales tax generator.
10. As advanced notice, an item will appear on the April 6, 1994, Council
Agenda regarding the contract with the City's Health Care Consultant.
Included in his contract is the anticipated work program for health care
renewals for 1995. The City Council has indicated in the past a desire to
market our health plans. In addition, we are requesting that the
consultant review the City's current policies regarding retiree medical
insurance. This is becoming an increasingly significant expense item for
the City, and there is a large potential liability associated with retiree
health benefits. Due to the significant amount of work being requested of
the consultant, there are considerable costs associated with the proposed
work plan. They may be offset, however, through the marketing of the
health plans or savings achieved in plan changes or refinements.
HONORABLE MAYOR AND CITY COUNCIL
March 18, 1994
Page -3-
11. CDDA Member Bill Morea has informed us that he must resign from the
Redevelopment Agency due to his transfer to the Palm Springs area. An
official letter of resignation should be received from Mr. Morea on Monday,
and it will be placed on the April 6th Council Meeting Agenda.
12. The Prevailing Wage Task Force met. They made Dale Hawley Chair and
started setting up a work program. It went �ell for a first session.
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Enclosures
cc: Department Heads
City Clerk
B A K E R S F I E I, D
PUBLIC WORKS i�EPARTNfENT
MEMORAIVI�U�i
TO: Alan Tandy, City Manager
FROM: F�ed L. Kloepper, Acting Public Works Director ��
.
DATE: March 15, 1994
SUBJECT: Emergency repairs to sewer main line located at the intersection of Brundage
Lane and Chester Avenue. (Ward 1)
Emergency repair work was necessary due to a collapsed 8-inch vitreous clay
sewer line located at the intersection of Brundage Lane and Chester Avenue.
This incident was reported to the Street Division around 3:00 pm on Monday,
March 14, 1994. After an initial investigation, City staff determined the
location and nature of repairs required an outside agency with the
appropriate e�ertise and equipment. Since this was an emergency situation,
Granite Construction was called to make the repairs. Granite Construction
has had extensive e�erience repairing sewer lines lacated through the City
and are familiar with this specific location.
Funds are budgeted each year in t,he Street Division's operating accounts for
emergencies of this nature; therefore, no additional appropriation is required.
We will process a departmental contract for the work. The cost is expected
to be in the $12,000-$14,000 range.
D13 CITYMGR5.FLIC
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B__A K E R S� I E L
PUBLIC WORKS I�EPAR'fMENT
MEMORANII)iJ1bI
TO: Alan Tandy, City Manager
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FROM: Fred L. Kloepper, Acting Public Works Director. ��� _
DATE: March 11, 1994
SUBJECT: Separation of Grade, 1994-95 P.U.C. Nominations
The staff of the Califomia Public Utiiities Commission has published the
preliminary crossing elimination project rankings for the next two-year cycle.
Hearings will be held in San Francisco on March 23, 1994, at which time
testimony will be presented that may change the rankings. The hearings will
be attended by Bob Barton, the Separation of Grade District's consultant and
Ron Ruettgers, District Engineer.
The number two rated project involves cflosing of the Sonora Street and
Tulare Street crossings of the Santa Fe Railroad. At grade crossings at Baker
Street and East Truxtun/Beale Avenue would be provided by elevating the
tracks with the streets crossing under. Since the project is rated second in
priority, the project is almost certain to be funded if agreements are reached
between the City and the Railroad.
The proposed project has potential for opposition because of the plan to
elevate the tracks. The railroad may not be too keen on the idea and the
possibility of excessive noise propagation f�om the trains climbing the "hill"
may not be well received by nearby residents. Offsetting the increased
general train noise is the fact that warning homs will not be sounding if the
project is constructed. We will have the final say on whether the project
proceeds or not.
The next rated project, P-Q-S Street, is not likely to be funded, cunently
at #28 priority.
FLK/cah
Attachment
M:031094
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EXHIBIT N0.
�� CALIFORNIA PUBLIC UTILITIES COMMISSION
SAFETY DIVISIOI�T
RAILROAD SAFETY BR�NCH
SPECIAL PROJECTS S�CTION
SEPARATION OF RAILROAD/HIGHWAY GId.�,DES PRIORITY S'1'UDY
AS REOUIRED BY SECTION 2452.CALIFORNIA
STREETS AND HIGHWAYS-CODE
FOR FISCAL YEARS 1994-95 & 1995-96
Los Angeles, California
March 15, 1994
San Francisco, California
Ma.rch 22, 1994
I.93-07-032
Raymond D. Yick, P.E.
Senior Transportation Engineer
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Appeadix B, Table 1
1994-1995 Grade Separation Priosity Liat Page 1 of 2
I Mile Proj Priority Priorityl -
Agency � Crosaing Name �RR� Br•� Po�t �Sfx.� Type � Index � Rank
Freano Conaolidation Varioua SP b RTSF Conaol
Sakersfield Beale-Truxtun-Baker 2 B 311.5 Elevate 6 U
Hayvard Harder Road 1 D 21.6 Q
E1 Monte Ramone/Cypreas 1 B 495.1/495 U
Los Angeles County Florence Avenue 1 BBH 488.43 O
Hayvard Tennyson Road 1 D 23.0 U
Freano County Clovis Avenue 1 H 213.3 O
Riveraide Arlington Avenue 2 B 12.4 U
Coachella Ave. 50 6 Sth Street 1 B 614.2 O
Caltrana (San Bernardino) State Route 58 2 780.3 O
Stockton Hammer Lane 4 98.5 ll
�� Fresno Herndon Avenue 1 B 195.8 O
Yorba Linda Imperial Hwy/SR-90 2 B 38.4 O
Freano County Cheetnut Avenue 1 B 210.3 O
Los Angelea County Nogalea Street 3 22.4 U
Richmond Cutting Blvd. 1 A 13.8 O
Bakerafield Q Street 1 B 311.5 U
Caltrans (Alameda) Misaion Blvd. 4 30.�-b exa U
Santa Barbara Co. Hollister Avenue 1 E 365.�-B exs U
Freano Sha�r Avenue 1 B 198.5 O
Los Angeles County Norwalk Blvd. 1 BBJ 497.28 O
Stockton March Lane 4 G 97.1 U
Loa Angeles N. Spring Street 2 139.SA exa O
SDMTDB Taylor Street 2 264.2 O
Caltrans (San Bernardino� State Route 58 2 753.2 O
Ontario Archibald Avenue 3 41.2 U
SDMTDB 32nd Street 36 3.4 O
Bakerafield P-Q-S Street 2 886.7 U
San Bernardino County National Trails Hwy 2 � 30.68 exa U
Rern County Morning Drive 1 B 317.5 O
SDMTDB Severin Drive 36 D 14.7 O
Fremont Washinqton Blvd ET AL Conaolidation O
Los Anqelea County Imperial Highway 1 BBH 491.60 O
E1 Monte Garvey Avenue 1 B 496.2 exs U
Caltrana (Alameda) SR 238 4 G 1.4-� exa U
Caltrana (Ventura Co.) Los Anqeles Avenue 1 E 423.5 O
SDMTDB � Euclid Avenue 36 D 5.7 O
Los Angeles County Slaueon Avenue 1 BBH 487.42 U
SDMTDB H Street 36 7.9 O
San Bue�aventura Johnson Drive 1 BE 403.88 O or U
Ontario Archibald Avenue 1 B 523.9 U
Caltrana (Santa Barbara) State Route 166 1 E 276.8 O
Rern County Olive Drive 1 B 308.9 O
Los Angeles County Bandini Blvd. 3 A 3.4 O
SDMTDH Univeraity Avenue 36 D 12.5 O
SDMTDB 28th Street 36 2.8 O
SDMTDB Allison Avenue 36 D 12.@ O
SDMTDB La Mesa Blvd. 36 D 12.3 O
Los Anqelea County Slauson Avenue 1 BG 487.3 O
SDMTDB E Street 36 7.6 O
Los Anqelea County Florence Avenue 1 BG 488.3 O.
2222
207
178
176
112
88
83
83
81
78
71
62
59
57
56
55
48
44
44
43
43
42
42
41
40
40
40
39
39
38
38
37
36
36
32
31
30
30
29
29
29
28
28
28
27
27
26
26
25
24
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
95
46
47
48 .
49
50
51
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�°' MEMORANDUM
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March 15, 1994
TO: Aian 'I'andy, City �Ianager
FROM: Jake VVager, Economic I�evelopment �irector
Si1�JEC'�': Recvclin� 1Vlarket Develo�men� �one ���lica�
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Kern County's application for a Recycling I�arket �evelopment Zone (R�I�Z) ranked in
a tie for second place among all submitted from throughout the state. 'I'he raiings were
made by the staff oi the California lntegrated �Iaste l�anagement �oard on l�arch 3. In
addition, it was only one of two applications recommended by their �taff for immediate
designation, not conditional designation.
This is a significant accomplishment and means the application has successfully passed the
first three tests. According to County staff, final designation is virtuaily assured by the full
�oard on March 30.
This department has represented the City of �akersfield in the development of this county-
wide application to help at�ract recycling-type businesses to Kern County. City �ouncil
approved a letter of suppart for the application, as did all Il�ern Couniy cities, and the �oard
af Supervisors.
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To:
�'rom :
•
B A K E R S F I E L D
MEMORANDlJM
March 15, 1994
John W. Stinson, Assistant City Manager
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Scott Manzer, Risk Manager
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Subject: San Joaquin Industrial Medicine Associates, Inc. Seminar
�ecently, several City employees and officials received an
invitation to attend a seminar ori March 30, 1994 sponsored by San
Joaquin Industrial Medicine Associates, Inc. The subject of the
seminar will be the definition of first aid injuries under the new
Workers' Compensation legislation.
The City af Bakersfield is self-insured and self-administered for
workers' compensation. As a result, we do not have the additional
costs associated with filing of a first injury report with an
insurer. Also, we do not have costs associated with experience
modification rates, as referred to in the invitation letter.
I will be attending the seminar to keep up to date on the industry
happenings and to assess if the paper load can be reduced at the
City under the new definition of "first aid injuries". It is my
opinion, however, that this seminar would not be beneficial for
other City employees or officials.
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MEMORANDUAA
�?�rch 11, 1994
TO: A�AN TANDY, CITY MANAGER
FROM: LELAND J. �1NDERSEN, COMMUPiITY SERVICES MANAGER
SUBJECT: KERN RIVER PARKWAY FOUNDATION JOINT �IENTURE WITH TEXACO
TREE PLANTING PROPOSALs Courac�.l �tefezral No. 12997
At the Council meeting of February 23, 1994, this item was referred
to the Community Services Department. On March 7th staff inet with
the Kern River Fouridation to discuss this issue. Those in
attendance were:
KERN RIVER FOUNDATION
Rich O'Neill
Inez DonCarlos
CITY STAFF
Gene Bogart, Water Resources
Don Hoggatt, Public Works
Neil Tierney, Parks Division
Al1en Abe, Parks Division
Rich O'Neill outlined the tree planting proposal by saying his
group's goal was ta plant trees on 91EARTH DAY°', April 24, 1994,
However, prior to this his group would contract with an irrigation
contractor to install all irrigation lines and bore two (2) lines
under the bike path for irrigation. They would also dig all tree
wells for the planting of the trees on the 24th.
The City Parks Division will mark locations for holes under the
bike path and will also discuss and descr�be irxigation head design
with the contractor. If there are any other questions regarding
the irrigation design, Mr. O'Neill will contact the Parks Division.
Other items discussed at the meeting was the possibility of
replanting some of the slope areas around the Texaco parking area.
However, before this occurs the irrigation system must be inspected
and functional with the terrain of the area. The Parks Division
will make the inspection and then communicate those improvements to
Mr. O'Neill.
Another topic discussed was the installation of the Kern River
Parkway signage. However, no further information was available.
I will keep you posted as the project continues. _____ ___
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To:
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Date:
Subject:
B A K E It S� I E L D
PUBLIC WORI�S DEPE1It'TMENT
11REMOR�I�I3LJM
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Alan Tandy - G�ty Manager `�" ° ° '.�°
Fred Kloepper - Acting Public Works Director ��C ,
March 9, 1994
PANAMA LANE @ SOUTH "H" STREET SIGNAL
COUNCIL REFERRALS 12388 AND 1292'1
0
Equipment required %r signal installation has arrived and work may now begin. A
preconstruction conference was held March 8, 1994.
The contractor is expected to begin work either March 14 mr March 21, 1994. The contract
includes 50 working days. Theoretical completion date would be about May 27, 1994.
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SUPERVISORS
ROY ASHBURN DiNriel No. 1
BEN AUSTIN Dlstrlct No. 2
PAUIIN� LARWOOD DlstHet No. 3
KENNETH W. PETERSON Distrlet No. 4
MARY K. SHELL DlstHet No. 5
Mayor Bob Price
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mayor Price:
BOARD OF SIIPE�ViS�ffiS
March 14, 1994
SUE DAVIS
cla►k o+ 8oaro ot supKro,on
Kem Couety AdmIMSV�Uw Center
1115 Truxtun Av�nw. 5th Floor
B�kenfleld. Calllomis 93301
Tel�pho�e (805)861-Z167
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An Organization Meeting of the City Selection Committee has been
called for Monday, March 28, 1994, at 6:00 p.m., Glerk of the
Board's Conference Room, 1115 Truxtun Avenue, Fifth Floor
(Administrative Center), Bakersfield, California.
The purpose of this meeting is to:
a) select a Chairman, pursuant to Government Code
Sections 50273, 50274 and 50275, term to expire
May, 1998; Current Member: i�el McLaughlin,
City of Arvin
b) select a Vice-c;hairman, pursuant to Government
Code Sections 50273, 50274 and 50275, term to
expire May, 1998; Current Member: Mark Salvaggio
City of Bakersield
c) select two members and Alternate Member to Local
Agency Formation Commission (LAFCO), with terms to
expire May, 1998; Gurrent Member: Mel 1�cLaughlin
Current Member: Donald Burkett
Alt. Member: Mark Salvaggio
If you are unable to attend this meeting, please send a Council.
Member. Confirmation of your attendance to Sylvia Johnson,
Assistant Clerk of the Board of Supervisors at 861-2167 would be
appreciated.
Sincerely,
SUE DAVIS, Clerk of the Board
By: Sylvia Johnson, Assistant Clerk
,�����--«-�
for el McLau lin, C ai man
Cit� Selectio Committee
.- ;
C I'TY SELEC�'g OIV COMMI TTEE
Mayor Jess Ortiz
City of Arvin
P. 0. Box 548
Arvin. CA 93203
854-3134
Mayor Bob Price
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
326-3770
Mayor Richard Moser
City of California City
21000 Hacienda Boulevard
California City, CA 93505
(619) 373-8661
Mayor Art B. Armendariz
City of Delano
P. 0. Box 939
Delano. CA 93216
721-3303
Mayor Carl S. Miller
City of Maricopa
P. 0. Box 548
Maricopa. CA 93252
769-8279
Mayor Ruben Garza
Citv of McFarland
P . 0 . Bo.c 1488
McFarland, CA 93250
792-3091
Mayor Kevin Corlett
City of Ridgecrest
100 West California Avenue
Ridgecrest. CA 93555
(619} 371-3700
Mayor Linda Gragg
City of Shafter
336 Pacific Avenue
Shafter. CA 93263
746-6361
Attention: Wade McKinney ,.
Mayor Kenneth Knost
City of Taft
209 East Kern Street
Taft, CA 93268
763-3144
P9ayor LaVonne Booth
City of Tehachapi
P. 0. Box 668
Tehachapi , CA 93581
822-2200
Attention: Kav Koski.
City Clerk
Mayor Paul Neufeld
City of Wasco
P. 0. Box 159
6Vasco, CA 93280
758-3003
Attention: Mel McLaughlin
Chairman
(805) 758-6213
Rev. 3/14/94
0
CITY SELECTTION COM�ITTEE
'rhe City Selection Committee will meet on Monday, March 28, 1994, for an
Organizatioiial Meeting. Please review r.he attached information regarding the
creation of the City Selection Committee. (Government Code Sections 50270
through 50280.
�t this Organizational �Ieeting, the Committee will select a Chairman and
Vice-Chairman. The term of office of the chairman and vice-chairman shall be not
less than one year and not more than fotir years as determined in the rules and
reguiations adopted by a City Selection Committee pursuant to Section 50275.
1. :'urrent Chairman: �tel McLaughlin, Councilmember. City of Wasco
'=. Current Vice-Chairman: Jess Ortiz, Mayor, City of Arvin
(The term of the current Chairman and Vice-Chairman will expire May, 1994.)
Also, �lease review ttie attached City Selection Committee Roster, so at the time
of the meeting two members could be selected.
§ 50270 ci�aES ��r� cot��r°ri�s �acie �
s.o.
50276. County clerk; 9ecret�ry and secoc°ding officer: duties; public
records.
50277. R.eguiar and speciai metings ; nogace.
50278. Notice to membere.
60279. Compensation.
50�9.2. Cit;� legisiative body as selection committee; prncedare.
b0279.4. ftegionaf coastal zone eonaervation commission ; appointmeats.
ArtiCle 11 was added by Stcits.197,°Z, C. 1232, p. 2574, � 1,
ef f. Dec.18,1972.
Farmer Article 11. Caty Selee�ion Committee, con.4ist-
ing ot §§ 50�70 to 50273, cadded by Stats.1972, c. J�15, p. 736,
§ Ia was re�ealed by Stats.1971�, c. 710, �. 1583, � 1, ejf. Sept.
6,1971�.
Ceoas iteteren�s
Bay area air quality menaqement dietrict, city a�lection committee, see Iiea►th and
Sateq Code � 40210.
Regional eir poitution concrol diecreets, cicq eelecenon commictee, aee ilealtL and Safety
Code � 4Q310.
§ 50��Q. C�eation; pmrpose; ane�nbership
In any county in which two or moa°� cities are incorporated there
is hereby created a city seleetion cosaamittee the purpose of which
shall be to appoint city representative� to boards, commissions, and
agencies as required by law. Ttie mernbership of each such city se-
lection committee shall consist of the mayor of eaeh city within the
county.
( Added by Stats.1972, c.1232, p. 2374, § l, efY. Dec. 13, 1972.)
H�latodcal 1�l�te
Foemer � 60270, added by Stat�.1972 c, re�a�led by Stats.1874, c. ;10, p. 1583. ;
416. p. 738. � 1, providing for eho np- 1.
po�otmenc of locai repcesentatrvee by city Da�ivatloa: Former � G�082. added by
eelection committee to re�tionai ageaciee, ��g�,1983, c. 1811. p. 38T1. $ 2. amended
ead providing that local agenc� iew wouid liy �eate.lUT2, c. 415, p. i38, 4 2-8•
�ovarn over incoueiatent ��rovisione, wae
II.ibraij► REiC3�enC!!
Countiea �40. G.ai.S. Countiea + 74.
tiiuuicipal Corporatione �128. C.T.S. Municipal Corporatione $g 485 to
�67.
§ �OZ70.5. �;1er� c�e���
As used in this article, "clesk" tneans the clerk of a county os
the legislative body thereof. Where the office of county clerk is sep-
�06
Div. 1 POWERS AND DiJTIES�—GENERAIL § SOZTZ
arate fro� the offi�e of clerk of the board of su�rvisors, "clerk"
means the clerk of the board of supervisors.
(Added by Stats.1973, c. 43, p. 70. § 3, eff. May 16. 1973.)
§ 50271. Absence of mayor; designat,�d r�pre�ntative
When the mayor is unable to attend a meeting of a city selection
committee. he shall designate another menaber of th� city's legislative
body to attend and vote at the rr�eeting in his plac� �nd as his repre-
senta.tive.
(Added by Stats.1972, c.1232. p. 2374, § 1, eff. Dec.13, i972.)
Hl�tortcal Note
Foro�er � 60271, edded by State.197_'. c. See, now. � 50270.
�13, p, 738. 3 1, defininR c��y eelecnon
commitcee, wee repealed I�y Stete.1974, c.
� 10. p. 1583. ¢ 1.
Ubrary Iteterence9
Counciee �41. C.J.S. Counciee � i5.
�(unicipni Corporatione C�Ri. C.J.S. BQunicinel �orPoratione � 388.
§ 50272. Qnorum; majority; nec�essity
Representatives of a majority of the number of cities within a
county entitled to representation on the city selection committee shall
constitute a quorum of the committee; pr�vided, however, that a ma-
jority vote of the representatives of the number of cities within a
county entitled to representatian on the committe� is necessary to ap-
point representatives to boards. commissions, or a�encies. Whenever
a quorum is not present at a meeting of any city s�lection committee,
the meeting shall be postponed or adjourned to a subsequent time and
place. as determined by the chairman.
( Added by Stats.1972. c. 1232. p. 2374, § 1, eff. Dec. 13, 1972. Amended by
Stats.1973, c. 43, p. 70, � 3.5, eff. May 15, 1973.)
��tatorlcal Note
Tl�e 19T3 ameadmenc added the provieo
to the firac eeatence: and ilcleted the aec-
ond eentence, requirinR a quorum of inem•
hero presenc to eonduet committee busi-
neu.
Former � 60272, added by Stnte.19T2, c.
�13, p, 738. ¢ l, defininR re�onei eRency
a� an7 pnblic ageacy, auti�ority, diatrict or
other loca! agency t�aving a aeparate gov-
Coundei @�47.
)luaicipsl Corporauone �90.
erning troied end having juriadicdon over
two oe more cieiee or counties, wae re-
�ealed by Scace.lgT-�, c. 71U, p. 1583. ; 1.
Darlva4lon: Foemer g 8.'f0832, added by
State.18S7, c. 175� p. 3150, ¢ 5.
Foemee � 86082.�, added by 3tate.1963. e.
1811, p• 36T1, � a.
�lbeary Retereneea
307
C.i.S. Conntiee ¢ �1.
C.3.S. fi�iunicip�l Coeponrione � 8fl9.
�
§ 50273 CIT'I�S Ai�TD C��JNTIES Title S f
i
§ 50273. Organizational mneetin�a iemporary chairmaa
In order to provide for initial organization of a city selection
committee pursuant to this article, an �rganizational meeting of each
committee shall be held withiaa 60 days after the effective date of this ;
article. The clerk of each county shall act as temporary chairman of '
the city selection committee. �
As tempor�ry chairmasi of the city selection committee, the clerk �
shall fix a time and place for the org�izational me�ting of the com- `
mittee and shall give notice of such aiate and time to the mayor o! ►,
each city incorporated within ihe county. '
Each selection committee shall rraeet on the date and at the time �
designated by the clerk. After the organizational aneeting, a selec-
tion committee shall meet on such dates and at such times as it may �
determine or as are required by law.
( Added by Stats.1972, c. 1232. �. 2374, § 1. eff. Dec. 13, 1972. Amended by
Stats.1973, c. 43. p. 70, § 4, efi. %4iay 16, g973.)
FHlstortcal t�ote
'Clie 1073 nmendment deleted "couaty" S�e, now, g 50278.
preceding "clerk" in three placee. perlvatlon: Former § G50822, ndded b' �
Foemer � 50273, added by State.1D72. c. Seaatx.1963, c. 1811, p. 36T3. ¢ 2.
�115, p. ?38. � 1, providinq for recordetion Former �&i083.3, added by Stats.l9�T, �'
of votes eppoiating represenuuve to re- c. b758, y. 3131. $ 8. '
gionnl agency wne repe�led by Stat�.1974,
c. 710, p. 1683. ; 1.
%8�tary Rete�aces
Conncies P.�51. CJ.S. Counnee ; 80.
D2unicipal Corporadone �83. CJ.S. Dduaicipal Corporacione f 389.
§ 50274. c��; ��e ���; ��
At the first organizational meetirag of a city selection committee
held pursuant to Section 50273� it shall select from among its mem-
bers a permanent chairman and vice chairman. and such other offi-
cers as it deems necessary. The term of office of the chairman and
vice chairman shall be not less thar� one year nor more than four
years as determined in the rules and r�gulations adopted by a city se-
lection committee pursuant to Section 50275. At least 60 dsys pria�
to the expiration of the term of offic� of the chairman and vice chair-
man. or as otherwise provided in the a°ules and regulations adopted by
a city selection committee pursuant to Section 502'75, the city seleo-
tion committee shall meet��rad $elect � succeasor to the chairman arid
io thevioe chairmatb
(Added by Stats.1972, c. 1232, p. 2374, § 1, eff. Dec. 13. 19?2. Amended by
Stats.1973, c. 43. p. 70, § 6, efi. �day 15, b9?3 ; Stats.1974, c. 1137. p. 2421.
§ l.)
308
Div. 1 POWERS AND DUTIES—GENERAI� § 5��%G
Hlsconcal Not�
The 1373 amendment eobetituted "not The 1U74 amandment ineerted "or ae
leae tlian oae yeae nor more clian four otl�eta�ee �ieovided in ei�e ruiee end regu-
yenr� ae determiued in the ruie� and regu- lations adopted by e cicy eelection commit-
lacions adonted b� a city eelection comm�c- tee purauaat to �ee¢eou b0275" tn the laat
tee pursusnc to Seecion 5U275" tor "two aeutenee.
yearn" ee tlie term of oftice for ri�e ci�eir-
man and vice ci�airman.
Library Retere�ees
Counciee (�:�1. C.J.S. Counciee $ �0.
ltunicina� l'or�►orntione @�&4. C.J.S. Municipal Coeporaciona � 388.
§ 50275. gtnles ana regnlations
In order to carry out the provisions and purposes of this article.
a city selection cornmittee shall formulate and adopt avles and t�gula-
tions to gavern the conduct of their meetings and th� selection of city
representatives. Such rules and regulations shall flnclude, but not be
limited to. the term of office of the chairman and vice chairman of
the city selection committee, such term to �e not l�ss than one year
nor more than four years, the time and place of th� committee's reg-
ular meetings, a procedure for nominating and selecting city repre-
sentatives, and the manner in which voting by the city selection com-
mittee shall be conducted.
(Added by Stats.1972, c. 1232. p. 2374, § 1, efi. Dec. 13. g972. Amended by
Stats.l9?3, c. 43. p. ?1, § 6, eff. May 15, 1973.)
Hlstorlcal Note
The ]973 amendmenc inserted the prov�- latiag to the eerm� of office of the chair•
nion autl�or�zing ruiee and reRuiutione re• man �nd vice ci�eir�sen.
Libfary Itlilitelse9
Conn�ies <:�49. C.J.S. Couacies � @T.
Jiunicipnl Corporatione �RS. C.J.S. Atunicipal Corporatione g¢ 158,
�11 et eeq.
§ S�Z76. �nnty clerk; secretary �d a�a�u g officer; dnties;
public reoords
The clerk of each county shall act as the p�rrananent secretary
and recording officer of the city selection committ� organized within
such county. All meetings of a city selection coanYtaattee si�all be con-
ducted in the presence of the clerk of the county in which the com-
mittee is organized or his deputy. All votes and action taken by a
city selection committee shall be record�d in writi�� by the secr�tary
of the committee. TPie written record of any vot� or action talcen by
the selection committee shall include the name o� �ach member vot-
309
�
§ 50276 crr��s ��n c��xTa�s
—,
�
I
�
�
�
I
�
�
Tttle 5
ing and how he voted. Written recoa°ds and minutes of a selection
committee's secretary are public records.
(Added by Stata.1972. c. 1232. p. 237d, § 1, eff. Dec. 13. 1972. Ameaded by
Stata.1973. c. 43. p. 71. � 7, eff. May 15. 1973.)
�Ylatoncal Rd�se
Tlie l073 ameodmenc �ieleted "couaty"
p�ecediag "clerk" in two pl�cet.
Couaties �89.
H.lbeary ttetee�nea
C.J.S. Councies f 141.
§ 50277. Regular and special meetings; notice
A city selection committee shall conduct regular meetings at the
times specified by it in its avies and a�gulations. and shall also meet
upon the call of its chairman. The ctaairman of a selection commit-
tee may call a special meeting of the cammittee at any time, and the
chairman shall call a special ineeting of the selectian committee upon
the written request of 50 p�sc�t of th� members of the city selection
committee. When a chairman is requir�d to call a special meeting of
a city selection committee pursuant to this section, such a meeting
shall be called and held within 60 day� after receipt oP such written -
requ�t. Within thi�e weeks prior to the date fixed for a special
meeting of the committee, the chairm� of the committee shall notify
the committee secr+etary of 4he date, time, and place of the special
meeting.
(Added by Stats.l972, c. 1232, p. 2376, § 1, efff. Dec. 13, 1972.)
%1lbrary Retecances
Countiee �52.
Riunicipal Corporacione �87.
§ 5�2��. 2�iotice to members
C..T.S. Counciee 8 88.
C.d.S. hluu�c�pal Corporatione g 383.
At least two weeks prior to the d�te of any meeting of a cityJSe-
lection committee. the secretary of th� committee shall give notice of
the meeting to each memb�r of the cognmattee. The secretary shall
also give reasonable notice t� each m�nber of a selection committee
of the time, date, and place to �vhich a� meeting of the committee is
continued.
(Added by Stats.1972, c.1232, p. 23?6. � 1, eff. Dec.13,1972.)
I.l�rary �eteac���s
Counciee �62. C.Y.S. Countiee � 88.
Mnnicipal Corporacioa� �89. C.,T.S. H2unicipal Corpornrion� ;¢ 395 to
398. •
3b0
Div. 1 POWERS AND DUTIE�--GENEi�A� § 50279.�
§ 50279. Com�ensation
Members of a city selection committee shall serve without com-
pensation.
(Added by Stata.1972, c. �1232, p. 23T6, § 1, eff. Dec. 13, g9T2.)
Llbr�ry Reterences
Coande� �69(1). C.�.3. ConnNes � fl09.
dfucicipel Corporadoes �182f11. C.:T.9. B�unicipel Corpo�atiaac ; 523 et
. ��.
§ 50279.2. Clty le�isiative boay �s s�eYe�tioa� committee; pro-
cednre
Notwithstanding any other provisiora af this aa�ticie. in any'coun-
ty in which there is only one incorporated city, tt�e legislative body of
such city is hereby created and shall serve as the city selection com-
mittee in the county for the purpose o! appointin� city representa-
tives to boards, commissions and agencies as r�quired �y law.
A majority of the members of the legislatiar� body of a city
which is created as a city selection committee ptaa�uant to this sec-
tion shall constitute a quonun of the committee. In order far the
city selection committee to make appointments, or fn any other man-
ner conduct business of the committee, a quonura shall be required.
The presiding officer of the legislative body of a city which is
created as a city selection committee purstaant to �his section, shall
setve as chairman of the committee. '%'he clerk of the legislative
body shall act as permanent secretary and recording officer of the
city selection committee and. as permanent secre�ry and recording
officer, shall perform all the duties specified ita Sectiort 50276. •
tFormerly § 60280, added by Stats.1972, c. 1232, p. 2376, § 1, eff. Dec. 13,
1972. Renumbered § 50279.2 and amended by Stata.197�, c. 373� p. 1317� §
167.)
&Iistoelca! Note
T6e 1979 nmeadmmc rennmbered the
eeetion �vit6out chaase.
B.Ibrity Etlfltem�s
Coantie� �40, C..T.S. Countiee Q q�.
alunicipal Corpondon� �128. C.�.3. &funicipal Cosiwrndone �g 485 to
4�'d.
§ 50279.4. �egionai coastal zone �nser�s�on coramissions;
appointments
Nohvithstanding any other provision of t�i� ��;tfcle, in any coun-
� ty in which city representatives are r�qui�d 4a � appointed by a
311
i
§ 5�279.4 C�°TIIES AND COUNTIES Title b
city selection committee to a regioa�l coastal zone conservation com.
mission pursuant to Division 18 (co�mencing with Section 27000) ot
the Public Resources C�e, the ciiy selection committee created in
such county pursuant to this articfl� shall make such appointments.
Each such city selection committee �hall hold an organizational meet•
ing for such purpo� prior to December 31.1972.
( Formerly § 60281. added by Stata.1972. c. 1232. p. 2376, § 1, eff. Dec. 13.
1972. Renumbered § b0279.4 and �me�ded by Stat8.1979, c. 373, p. 1318� �
168.)
1�81ao:lea9 PVote
The 1979 amendmeat rena�bered the
eection wichout chanse.
Elbtary ��terences
Counue� �40. CJ.S. Countie� � 74.
Sec.
b0280.
60281.
b0282.
60283.
60284.
60286.
b0286.
50287.
60288.
60289.
60290.
iLStl 1Z
�iISTORICA3. ��iOP�RTiC CONTRACTS
Aistoric zone; creation by oa°danance: application of owner.
Contract with owner of qu�lified hiatorical property within hia-
toric zone : pr�viaiona.
Renewal; nonrenewal; notice; proteat; recordation; effeck
ftemoval of property from hiatoric zoae; equivalency to notice
to nonrenewal; �ervice of aaotice.
Cancellation; grounda.
Cancellation; noiice; hearin�.
Caacellation ; f ee : p�ymeni�
Action to enforce contract: parties.
Acquisition of property by ��eainent domain ; cancellation of coa-
tract: inapplic�bility to determination of value.
Annexation by city of psoperty under contract to county; rights
and dutiee of city.
Conaultation with �t�te comaaisaion and departmeat.
Articie 12 uaas added by St�s.l97�, c.11�1�, p. 3159, � 1.
§ 5�280. �iistoric �mne; oa by ordinaaoe; appllcation of
o�vner
Upon the applicatiora of an o�er or the agent of an owner of
any qualified historical pro�rty ��cribed in Article 3(commencing
with Section 5031) of Cpaapter 1 0� �ivision 5 of the Public Resources
Cade, the legislative b�y of a ci��, count�, or city and county tnaY�
��
i
�
LOCAL AGENCY FORMATION C01�►iISSION (LAFCO)
The City Selection Committee will meet on blonday, �arch 28, 1994, for an
Organizational Metin¢. Please review the attached information regarding (LAFC01
and the �ittached 1J93 Area Wide Directory, tio at the time of the meeting two
rnembers and one alternate member could be selecred.
'_. Current �lember: �el McLaugnlin, Councilmember. City of Wasco
?. Current �tember: Donaid Burkett, City of Arvin
3. Current �ember (Alt): ?9ark Salvaggio. City of Bakersfield
(The term of the current Members will expire May, 1994.)
��
�OCAL aGL•'NCY rOR:KATION COMMISSION
LEGAL �(3THORITY: Establisheci December 10. 19ta3, oursuant to
grovisions of Chanter 1808 enacted by the 1963
California Legisiature and Sections 54780. et
seQ. of the Government Cocie.
�tEMBERSHIP. Eight members: trwo representing the County and
OUALIFICATIONS: appointed by the 3oara ot Supervisors from their
membership, plus a third Supervisor who shall be
an alternate member ot the Commission: two
representing the cities in tt�e county, each of
whom shall be a city officer, appointed by the
City Selection Committee, plus one alternate
memner. 1'here shall be one reoresenting the
aeneral �ublic. plus one alternate public
member. anpointed by the other four members oT'
the Commission.
TERM:
Four-year staggered term.
DUTIES: To review and aoprove or disaporove with or
without amendment. wholl.y, partiall.y or con-
ditionally proposals for the incorooration of
cities. formation of soecial districts, annexa-
tion of territory to local agencies, exclusion
of territory from a city, ciisincornoration of a
city. consolidation of two or more cities, and
the development of a new community.
:�SEETI:�'G PLACE
T?�IE :
REMUNF.RATiON
Second Floor Hearing Room. 2700 "H" Street. .4ND
Bakersfield, on the second and fourth Tuesciay of
each month at 7:00 P.M.
�25.00 a meeting.
CONTACT: Local Agency Formation Commission
1430 Truxtun Avenue, Suite 802
Bakersfield, CA 93301
(8051 8�1-2343
Oath and 730 Reuuired
-114-
�s , ,
I
LOCAL AGENCY FORMATION COMMISSION
KEMBERS WHEIV APPOINTED/BY 6JHOM
Ken Peterson
1115 Truxtun Avenue
Bakersfield. Ca 93301 B/S O1/19/93
Ben Austin
1115 Truxtun Avenue
Bakersfield. CA 93301 B/S O1/04/83
�tary K. Shell (Alternatel
1115 Truxtun Avenue
Bakersfield. CA 93301 B/S O1/13/87
Donald Burkett
City of Arvin
200 Campus Drive City Sel�ction Com.
Wasco. CA 93203 Oi/28/86
Kel McLaughlin (Chmn-City Selection)
City of Wasco
746 8th Street City Selection Com.
Wasco, CA 9328063 O1/28/86
Kark Salvaggio (Alternate)
City of Bakersfield
2213 Woolard Drive Ciiy Sel�ction Com.
Bakersfield. CA 93304 O1/10/9fl
Jerry Brock Public �t��ber
428 Chester Avenue � LAFCO Comsrs.
Bakersfield. CA 93301 04/11/89
Stephen Kennedy (Alternate) Public A���ber
P. 0. Box 1376 4 LAFCO Comsrs.
Taft, CA 93268
-115-
TERM EXPIRES
Virtue of OfPice
Virtue of Office
Virtue of Office
05/00/94
OS/00/94
05/00/94
05/00/94
05/00/95
(Rev. 04/30/
� � , -, ;
JOSEPH E. DREW
COUNTY ADMINISTRATIVE OFFICER
MARY WEDDELL
Assistant Counry Admimstrahve Officer
KERN COUNT�'
ADMINISTRATIVE O�FICE
Board of Supervisors
Kern County Administrative Center
1115 Truxtun Avenue
Bakersfield, CA 933^�'
\.JU� �n \
SCOTT JONES
Director o( Budyet & Finance
AUEL C. KLEIN
Dvector ol PoLcy Analyss
& Intergovernmentat Relauons
WILLIAM C. DOUGLAS
Employee Relahons O(licer
March 1, 1994
����Q���
,�
��� � � ��� `
C�f�? ��J�9���G�°� O��ICE
STATUS REPORT ON PLAN FOR FORMATION OF A METROPOLITAN BAKERSFIELD
COUNTY SERVICE AREA FOR PARK AND RECREATION SERVICES
FISCAL IMPACT: NONE
On October 26, 1993 the County Administrative Office presented to your Board a plan for the
formation of a metropolitan Bakersfield County Service Area (CSA) for park and recreation
services. An optimistic timeline for implementation was presented, anticipating placing the
concept on the June ballot as an advisory measure. At that time, your Board authorized the
County Administrative Office, in coordination with other involved entities, to pursue implementation
of the plan.
Several meetings have been held with representatives of the City of Bakersfield, North of the
River Recreation and Park District, Bear Mountain Park and Recreation District, and involved
County staff from the County Administrative Office and the Parks, Waste Management and
General Services Departments. Additional meetings have been conducted with the
Superintendent of Schools and the Bakersfield Community College District.
Geoqraphical Scop�
The preliminary geographical scope of the CSA was envisioned to consist of the area within the
2010 General Plan. However, upon review and discussion, it was determined that using the
exterior boundaries of the metropolitan area school districts was more appropriate and cost
effective inasmuch as recreational and before and after school day care programs are envisioned
to be provided at individual school sites and, further, precinct boundaries are already established
for school districts, eliminating the cost that would be necessary to create new election areas.
.. ...-
The original scope of services has not changed. It is still envisioned that the first tier of the
assessment (assessed on a per residential unit) would provide for capital improvement and
maintenance of the Kern River Parkway and the Metro Sports Complex and funding for the
provision of a wide variety of recreational programming at school sites and other public facilities.
1115 Truxtun Avenue, 5th Floor BAKERSFIELD, CALIFORNIA 93301 805 861-2371
FAX �805; 325-3979
, , , � , � ;
Board of Supervisors
Status Report on Plan for Formation of a Metropolitan Bakersfield
County Service Area for Park and Recreation Services
March 1, 1994
Page 2
A plan for the improvement of the Kern River Parkway, with corresponding cost estimates, have
been prepared by the City of Bakersfield, subject to the establishment of firm revenue stream
estimates. A cost estimate for the ongoing maintenance of the Parkway has also been prepared.
North of the River Recreation and Park District has begun the preliminary work needed to
ascertain the number and scope of recreational programs that could be offered, again subject to
the establishment of firm revenue stream estimates. Yet to be accomplished is the development
of a master plan for the Metro Sports Complex.
The Metro Sports Com,�lex prese�ts a great many opportunii�es for the diverse use of the
available property, with widely varying associated costs. It is important that the prepared master
plan be well-thought out, with all options given grave consideration and all required financing be
as concrete as possible. The preparation of this plan will be a complex endeavor requiring
considerably more time than originally envisioned.
The second tier of the assessment was to finance capital improvement and enhanced
maintenance of neighborhood County parks. This tier was to be implemented in conjunction with
the assessment that the City of Bakersfield is proposing for the maintenance of City parks. The
City has moved forward with placing this measure on the June ballot for voter approval. The
development of a plan for capital improvements and enhanced maintenance for County parks,
as well as cost estimates in support of the developed plan, have not yet been accomplished.
Participants
The Superintendent of Schools has met with a number of school district superintendents and has
received a very favorable reaction to the conceptual recreational programming on school sites.
The North of the River Recreation and Park District Board has endorsed the participation of the
District in the provision of recreational programming. The Bear Mountain Park and Recreation
District has elected not to participate. The Bakersfield Community College District has conducted
initial discussions regarding the inclusion of the College stadium, swimming facilities and ball
fields within the financing plan.
Summarv
The participants of the project have made a great deal of progress in determining the
geographical scope and facility scope of the proposed County Service Area as well as
determining the type and quantity of the recreational programming that may be possible. The City
of Bakersfield City Council continues to be concerned about the formation of a CSA in that
although the CSA would be managed through a Joint Powers Agreement, the Board of
Supervisors cannot relinquish its statutorily provided ultimate authority and control over the CSA.
Discussions have been held concerning the formation of a special district with a separate
governing board. The issue of creating another governing body which, in addition to adding
another layer of bureaucracy, would also serve to equalize control between the entities delivering
� •• 1 ' . r � 1i.
Board of Supervisors
Status Report on Plan for Formation of a Metropolitan Bakersfield
County Service Area for Park and Recreation Services
March 1, 1994
Page 3
the services continues to play a role in the formation of this CSA.
Additional progress in the implementation of the proposed park plan cannot be made until the
master plan for the Metro Sports Complex is completed as well as the development of a plan for
the capital improvement and enhanced maintenance of County parks. The development of these
plans must be accomplished by those who have the necessary technical expertise, and vision
regarding the provision of park services.
P.cc�rdingly, IT IS RECOMl�.9El�DE�D 'hat your Board designate the Parks and Recreation
Department as the lead department for the development and implementation of a comprehensive
plan to deliver park and recreation services to the citizens of the metropolitan Bakersfield area.
Sincerely,
i��� �
Joseph E. Dr
County Administrative Officer
ACK/ce/mbcsabos
cc: City of Bakersfield
Henry Agonia, North of the River Recreation and Parks District
Bear Mountain Park and Recreation District
Kelly Blanton, Superintendent of Schools
Rick Wright, Bakersfield Community College District
Kay Meek, Bakersfield Community College District Foundation
Parks Department
Waste Management Department
Gen�ral Services
County Counsel
\11f,11"'���IIIII i///- .
\`�1\�;r �
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_ „�;N1�1Nww�
� �
``i , "�v � �o�
_� � �� �`°
---,,:,t'..�'-- �,���
1.;,�,,,,�,���„
a
MEM013AIdDUM
G°3[�C�C��NIC�D "
�1J�i1111 I , � ..c, ,,
�
���o� ��������� ���o��f
MARCH 16, 1994
TO: ALAN TANDY, CITY MANAGER ��
FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR
SUBJECT: AB 3505 PER CAPITA ALLOCATION OF SALES TAX
The proposed Assembly Bill could significantly impact the City of
Bakersfield in a NEGATIVE manner. I suggest we take some action to
actively oppose this bill.
Please let me know your thoughts on this matter.
krc
MGJK.14
cc: ,7ohn Stinson, Assistant City Manager
Gail Waiters, Assistant City Manger
� ��v� ' i!. `
� �ypURCF�
� M �2
F R cC �
v���w . Sy�y
Tustin
(714)258-3000
Date:
To:
From:
MUNICIPAL RESOURCE CONSUi.TANTS
A partnership of John T. Austin, Inc. & Allen W. Charkow, Inc.
Viadera
(209)�32-6039
March 14, 1994
San Ramon San Rafael
(510) 838-1115 (415)485-2926
MRC Clients & Other Interested Parties
IVlunicipal Resource Consultants (MRC)
Subject: AB 3505: Per Capita Allocaiion of Local Sales/Use Tax
BACKGROUND
32107 W.Lindero Canyon Road
Suite 233
Wesdake Village, CA 91361
(818) 991-5220
Fax: (818) 991-5365
����i�l��
�iAR 1 � 1994
FINANC� ��P�.
Attached you will find a copy of AB 3505, which was put forth February 25, 1994, by
Assemblywoman Valerie Brown, who is Chair of the Assembly Select Comnlittee on
Restructuring Local Government.
The intent of AB 3505 is for every jurisdiction within a county (including the county
itsel� to receive the same per capita amount of the 1% loca� sales/use tax revenue.
AB 3505 proposes to achieve this objective by allocating half of the countywide gro�vth
in the 1% local sales/use tax to those jurisdictions whose per capita is below the
countywide average.
Specifically, under AB 3505, if there is "positive growth" in the countywide 1%
sales/use tax revenue, the amount allocated to each jurisdiction would be determined
as follows:
1. Each jurisdiction in the county (including the county itsel� would receive the
same base amount of the 1% sales/use tax it received in the corresponding
quarter of the prior calendar year.
2. Fifty percent ("Pot A") of the revenue growth would be allocated through a
countywide pool to each jurisdiction equally on a per capita basis (the county's
per capita allocation would be based on the unincorporated area population.)
3. Fiftv percent ("Pot B") of the revenue growth would also be allocated through a
countywide pool, but only to those jurisdictions whose per capita is belo�v the
countv�vide per capita after factoring in steps 1 and 2 above. Pot B allocations
would be based on the difference between each jurisdictiori s per capita
allocation and the countywide per capita allocation multiplied by each
jurisdiction's population. If the Pot B revenue was insufficient to bring all
jurisdictions up to the countvwide per capita, the Pot B allocation would be
prorated.
�.. 's
c�
Under AB 3505, if there is "negative growth" (a decline) in the countywide 1%
sales/use tax revenue, the negative amount would be allocated countywide on a per
capita basis by deducting each jurisdictiori s share of the negative from the base amount
of the 1% sales/use tax it received in the corresponding quarter of the prior vear.
In either case (couniywide growth or decline), under AB 3505, a jurisdiction's base
amount would no longer be distributed according t� situs.
FISC�L & ECONOMIC IMPACT/COMMENTARY
Under AB 3505, if there is "positive growth" in the countvwide 1% sales/use tax it
would benefit bedroom-based and heavily populated jurisdictions, providing they are
below the countytivide per capita and the businesses accounting for the growth are not
located in their jurisdictions.
Our financial model indicates that, under AB 3505, growth in the countvwide 1%
sales/use tax would create a windfall Eor bedroom-based jurisdictions in which only
the wealthiest Californians can afford to live (such as �therton, Bradbury,
Hillsborough, Los Altos Hills, Portola Valley, Palos Verdes Estates, Rolling Hills
Estates, etc.)
Under AB 3505, if there is "negative growth" (a decline) in the countywide 1%
sales/use tax revenue, those jurisdictions �vhose per capita is below the countv�vide
average would receive reduced revenue even if the sales/use tax revenue generated
within their individual jurisdictions increased or remained level.
In either case (countywide growth or decline), the AB 3505 pool allocations would
compound the State Board of Equalization (SBE) pool allocation inequities by further
shifting the sales/use tax away front "hos�' jurisdictions (who bear the cost of
providing police, fire and infrastructure services to businesses) and distributing it to
"non-host" jurisdictions (who do not provide, or share in the cost of providing, these
services.)
The balancing element which is missing from this proposed legislation is a method or
fornlula to also distriUute countvwide the costs incurred bv host cities and counties
who provide services to sales/use tax generating businesses in their jurisdictions.
While this is seenlingly impractical and highly unlikely to occur, per-capita revenue
sharing which does not factor in host jurisdiction service costs is not a fair approach.
�Vere AB 3505 currently in effect, the base amount (which impacts the per-capita
allocation) would be substantially understated for host cities and counties who provide
services to manufacturing businesses, because oE SBE staff's pool allocation policies.
Stated another wav, AB 3505 would permanently deprive host ciHes and counties who
service manufacturing businesses of the corresponding sales/use tax revenue to which
thev are entitled, but have not been receiving, due to SBE staff's pool allocation policies.
E
; :-... -- - �,
In addition to capping the deprived host jurisdictions by "locking iri' the present pool
allocation inequities, AB 3505 would:
❑ Create an incentive for cities and counties to increase population by emphasizing
residential development; and
❑ Promote an anti-business climate by eliminating any incentive for local
government to retain or attract any type of businesses, jobs, or
commercial/industrial development, because the host jurisdictions would not
receive the additional revenue required to cover the cost of providing services
(particularlv public safety) for the business employees, suppliers and customers.
Considering that AB 3505 would make it fiscally undesirable for local governnlent to
allow commercial/industrial expansion, it is reasonable to expect that there will be a
widespread reduction of sales/use tax, or "negative growth." In this most likely event,
how would AB 3505 be of benefit to any jurisdictions?
CONCLUSION
Bv re�varding bedroonl-based jurisdictions and penalizing business-based jurisdictions,
AB 3505 would cause California's ciHes and counties to regard industrial and
conlmercial uses as LULUs - Locallv Undesirable Land Uses. AB 3505 vvould thus
promote an anti-business bias which would further undernline, if not destroy,
California's conlpetiHveness in retaining and attracting businesses, jobs and tax base.
Upon learning of the inlpact of SBE staff's sales/use tax pool allocation policies and
recently proposed amendments to Regulation 1802, prestigious organizations such as
the California Taxpayers' Association (Cal-Tax), California Manufacturers Association
(CMA), California Association for Local Economic Development (CAL,ED), California
Chamber of Commerce (CCC), Los Angeles Taxpayers' Association (LATAX), and host
jurisdictions throughout California (who service manufacturing businesses) put the SBE
on noHce, in writing, that thev support situs allocations and oppose pool allocations.
California's businesses, and the cities/counties who provide services to them, need the
SBE and state legislature to assist them in eliminating misallocations and promoting
econoniic development. This is best accomplished by allocating as much local
sales/use tax as possible directly to the host jurisdictions who bear the cost of
providing services to the businesses. Statewide or countywide pool allocations only
exacerbate existing problems bv distributing the sales/use tax revenue to non-host
jurisdictions who do not provide, or share in the cost of providing, these services.
If vour jurisdiction decides to comnlunicate its position on AB 3505 in writing, �ve
��ould appreciate receiving a copy.
If vou have any questions or need additional information on AB 3505, please contact
vour NIRC representative or John AusHn at (818) 991-5220.
3
GiiIFO&tiL� I.::t�;SiiiZiE—i59�-�4 .��.�,�:.Zi.� SUjIG�i
�SS�1�13LY BI3...I. � ti o. 3�05
Introducsd by :�sszmnly l�iemDer �ialere Brown
F� �r�arv ?5. I9��
?�.: 3c_ �o amend Se�+�cn ?n�30 of. to ame�:ci �e hear�inQ of
Cha�z�r �(camm.enc:.n.� �vi� ��c+�or_ jji00) of P� 2 of
Di��w on 2 of Tit�e � ci, to ane�^G the headin; of �-r+c?e 1
(cor--�e�cinQ w-izh Se��cn ��'CQ) of CiZ3Dt2i � CS t�'3Ti � Of
Di�� r�on ? of Ti�e � oi, �^ d to acic a--�c? e 2! coz�r�encing wit�i
Sec��� »72fl) and ��cie 3�;comr�enc:n� w�tZ Se��on
jj / JG.} LO C.13Dt�: J dI �a2'� � Oi .i Zv 1Si0I1 � OI 1 ZLZ �� Of, �le
Go�-e��ent Coae. anc �o amenc Sec+�on 'r 244 o'r'. a.nd to add
Sec�crs 72Q4.0�, 720�.0�, and � 2�-_.06 �o, the Reve�ue anc�
Ta.�a�cn Code, reia�:� �o Ioc�I s�ies auci use taYes.
L.C:Si�:'iVE CCL1�c�. S DIGS
:� 3�05, as in�oduc�3, V. Br::��z-r. L�c� sa?es and use
taYes: revenue allocstica.
( I; E.i stin� law authorizQs a ccuuty ooar3 af ��e�v-isors,
ii the �oard so asre�s bv c�ntrwc � wit� the Statz Board o£
Equzizatron, to estabLish a loc�i �a�s�ortation fr�d in the
couri�% treasury. It provides that �e cotinty saaIl deposit in
t�at :.:nd all rzoneys �ansmirtec to t�e county by �he board
that are deriveG from �hat portion of couz�tv ta.�ces puxsuant to
i�e �r�dlev-Burns L:r.�i.�''orm Loc.:i Sales and L;se Ta.Y Law at
a rate in esc�ss of 1�'o .
T� �ill would ins�4aC proviGe `+�at ye county s�za.�,l deposit
in a lcc� trans�ortatca fund a.L �onee�s ��zsmi�za bv the
bo�r� �at are at-�ibu�ble to cot:nty ta.Yes purs�:ant to the
Braclev-Burns Unifor� Lccal Sz?es a�� T;se Ta.Y Lativ that
revr�sznt the revenues �ene: ated bv a 0.?3 �'o rare.
(?` ��stn� Iativ w-i� respec= to loc3l �o�%e�mental
; ,,,
a�e�c:�s pro�zces for `Le 3DLOi�.G?^� e^'t �]e'tZVB°II =.w'� 3L*IOII�
94 '30
i
I
:3B 3��5 — = —
those a�e�cies oz �r�venues der�ed �om �.��s inposed
pursua.n't to the Brarley-B � 1 T;r�rorm Locai Sa.ies and Lse
Ta.Y Law, wher� a�poruonmenr �s necessar� fer ecuitable
dis�-:cuiion oi r�venLe� in liQat of the establis�.ert or ne��
retail estacLsh�e^ ` wi'r�ir_ the 3u�-T.sdictonal �ct:-:c.�ies of a
o ve� lccal a�e^c�T.
T�is b'uI wouic acci�:onally r�quire t4at ir_ t�_� ca..�� of a
newly incer�cra_=^ ci�y, the ini�al pe: c�pita �?ec��en oi
reve�ue derive� from taxes irnposed pur��:a:.� to the �
Brac:Iev-3ur�s L�or� Loca.I Saies and L;se Ta.� La�.v sha�i be
e�aual to t�he �er ca�iLa allocaton of thosz r�venues to
t�nincoraor�tec ar�a.s oi the cou�ty in w'ruc� �e c;Ly is
Iocat�d.
Tizis 'oill wou?c, u�c� a cha.n�e oi oro�izatcr_ ��sLar�t to
spec��ied prov�:sic�, r��uire that any city anr.� �= �e:�-:ton-
receive a�er ca�i�2 a.11eca�on oi r�ve�ue deT�-e� �or� ca.Yes
irn�ose� pu:s�z� �o �e Brad?e�--Burzs Lniior-� Lcc�t Saies
and Lsz Ta.� L2�Y, w-iL; respec: to ��.at annes�r :e�torv,
ecual to the per c��ica allec� �on or re��e^ `z �cr the
jursc.ic+�on ��x-� .��.ica the tz��oi-y was ar�e>e�.
T'tus bill w oulc autaor.ze anv � countv, cicy aac cou�tv, and
ci�{; ine?udi�; a cZa.* �er czry; pur�ua�t to a con��c_ s�:bJec: �e
t�.e reuuis�me�:-s oi s�ecir�ed ��a�utes to a��or`e� Le�ve��
or amon� tne�z�vzs �e revenue de:zv ed �orn 3 sales and
use tati c�lle��ed:or t: em'�v the state. Itwould aiio authorize
a couniy, citv a�C coun�, or ci�; inc?udin� a c�TMzr city, to
appor�on t�at revenue betwe�n itself an.d a re�eve?opment
age^cy locatec wzi�iu t.�at Iocal jurisdicuon. It wculd further
provide that ne impe�i�on o£ a�y local sales or use ta.Y, or
substantially �T--�� -T ta.Y, and no �ethod of apporo�ment of
revenLes der�ve� �� om those ta.�es betwe�n or ar�onP Ioca1
"juriscictions, sLa1 ce pe.�nirtzd esce�t as autaor:z.e� bv
stat��te.
(3i Tne �r:s�� Braclev-Bu��*� Uniiorn Loc�.i �aies and
L se Ta.Y Law au�:cr..z�s a countL- to impose loc� _aies and use
taYes, as provice� , at a rate of 11 {`�o. It fur+�er r�auires that
a countv coa�ac: �ti-i� �he Scate Board of Eaualiz.s�on for the
armtnTStra�ic� ar_d collec+son ei Iocsl sales an� �sz taYes so
im�esed, ane : �ct:i: �s tae l�oarc co tr��it c�ile���� ta.Yes to
Ioc�� anci�es �e�ocicsiiv as �r:rr�tiv as �e:�icle. �o Ie�s than
�s ico
— 3 — _iB 3505
twic� i� esch calen'cya�- auaxter.
This :;'Ll woul� adcti�onally recui: � i.n the case of coun�ies
e.r�e:-ie�c:n� posi�ve or nega�ve �°owth, as provi�e�, with
res�e�= to local sales and use ta; revenues, that t�e total
2S.oun::, of those re��enues coIle���d wi'rhhui a cou�L •, with
eez-`� esceptiorw, be allocat� : �o ta�n� jurT�cic�ans, as
de=.nec, within a count;� in acccrGance w-ith s�ecifie3
for�t:las.
(1) Tjis bill wouici pro�zde yat i� may be cite� as �e Saies
Ta.� Scac �uization �d Eaualiza�on �ct of 199�.
Votz: �ajority. ��oropratio�: no. Fisc�I cornnit�e�: yes.
Stat�-�a :dated local pro�±-am: no.
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Z'�e �e�ale or `�e S'rate or CaliferzTa do enac: as follows:
��CTIO�+ :. Tr.is act mavi ce cited as �e Saies Ta.�
Sc����aticr �:_c Eaua.liza�oa 3ct oi 199�. �
SLC. 2. Secuan 2�330 oi `�e Government Code is
a.�e_^_ded eo -�ac: -
?�3�0. If `�e board of s��e*��isors so as-=es bv
cor�ac+: �vit�! `�e Scate Boar� of Eaualiza�on, t'�e board
of s��e.rvisors shall establ.isn a Iocal �ans�orta�on �d in
the county � easury and shai? deposit in the �•�d all
re�� enues tra�mirted to the coL.ntv bv the State Board of
EcL:alization under Sec�oa �?Q4 of the Rever �e and
Ta.�a�on Code,. �vhica are e�? :�� re=�r a�
� �rtributable to ta.Yes impose� by tk�e county r= s�
��g e�F :� pursuant to Part 1.3 (com�encing
wi� Se��on i200) of Di�ision 2 of that coce that
repr�se:�t t'�e reve�ues �enerared by a 0.� perc��t rate,
Iess an allocs�on of the cost of �e sez�vvic�s of t�e Sta�e
Bc� 3 of Equaiization in a�m�nTGterin� the sales and use
ta.� ordinanc� related to `he rate ia escess of 1 �erc�nt
a�c of the Di.r�ctor of Trars�or}ation a�ad the Controller
i� a�'mtnT�ter:�Q the respoasibilities assi�ned to �im or
her :n Cha��zr �(commenc=: ��vith Sec�on 9�?00�) of
P�-= II of Diy;sion 10 0� t�e P�Dlic litilities Coce.
�v inter�st or other income �araed bv inves�ent or
r , -
ot�er-.vise or :.:�e 1ecsl �ans�or�a�on fund shall ac�rue to
a:_c �e a pa.r= of u�ie �-unc.
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36
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SEC. 3. The heac�� of Cnapter �(comrsencin� wzth
Se��on �� � C�0) oi P:r 2 of Division � of Tite � of the
Gover.�ment Coae is amende3 to read:
C���� �. T�.� S��c, �,z,oc�rro�; :�:vD
a uT'rOi3IZ�TIO_V
SEC. a. Tae hea 'ci.ng of �►--�c?e I(con�encinQ wzth
Se��on �3700) of C: ��ter 3 of Par 2 of Divisio� 2 oi Title
3 or `he Gove:�e�.� Ccee is aznended to reae:
?�-ticle 1. ��aor�onsnent ��djus�e�t for
Bracley-Burns Revenues
Sr.C. �. �c?e ?� commeac•:n� with Se��on ��72fl) is
ad�e� to Chante: � ci Par� 2 of Division ? oi Tit'_e 3 of the
Gover�ent Code, to read:
��cle 2. Bradle��-3ur•�s Reve�ue �11oca�on Lpon
Or_^: izatonai Chan�es
jj i 20. In the casz of a ne��Iy incorporatet� ciiy, the
uuua.i per capifia allocaaan or reve�ue to tha* cit;r shall be
euuai to the per capita allocation of revenue to
unincornorated arers of the count�r.
�3�?i. L"pon a cYan?e of or�aniza�on pursuaut to
Divisioa 3(commeacing with Sec+�on 36000) , any city
aaae.�da� ter.ztory shall recsi� e a per capita. allocation or
rzve�ue wi� respec� to the a�exed. territor;r eQUal to
the per capita allocaton of revenue for the jurisdiction
from wbic� the ter.:tor;r was a.nn.esed.
�7j ['�2. For purposzs of t�.us artrcle, "a-eveaue" �as the
same xne3nin� as that te:m is de�neci in Sec�on 3� � 02.
SEC. 6. �cle 3 i comr�enc•:ng with Se��OII jj t JO� 1S
adc�e� to Chaater � oi Part 2 oiDitizsion 2 of TiL?e 3 of the
G.�ve�ment Code, to read:
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7
8
9
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34
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ej_.
�B 35�5
�.rc:e 3. Loca.i. Ta.Y Im�osi�on and Reve^�e
���oror.�e�t
�.:, � 30. (aj P•srsL.ant to a contract subje�� to the
r°.^. 'L'T°�@IltS Of Ce�`OIIS jJ i Oj; jj i �6, aIl� 7� � U l, 3II,V
COLZ�L;v, C:LV 3IIQ C�L'L't;T, 3IIQ CZ�;�, LIIC�11dlIl;' 3 C�3T�°� CZt'V,
ma�� 3D�OLtrOA ben�e�n or a.�on� them t�e revenue
cer'�: e� from a saies and usz c�:, irnpose3 by `�..^ em and
coLe�ted or'-�e� bv =�e state. � count�i, city anc county,
ar c:�r, i,nclucin�- a c�arer cit;Y, rnay also appor�:an that
reve�ue be±-cve�� iTSZ:� and a re�evelopment a�ency
loc�t�� wz�in that lcc?I jur�scic�on.
('c) �io impositon or a�y lccs.l saies or use ta�, or
sL�stan�ally su--^�i?ar tax, and no me�:oG or
a��cr�on�ent of t�e _-zvenues de�ved from t�osz taYes
be�z een and a*non� local jur�: dic�ons, s��all be
pe_T-^�:iite� esc��t as aui�or'zea by s�atute.
Sr.C. 7. Sec�or_ ��_0� of t�'�e Re��enue a.�c la.Yation
CCG° IS 3Ii7.@�G°C LO : �3G{:
:'�_0�. (z� <�1I saies and �e ta.i�s collect�� bv the
CL3�° B02rQ 02 �_LIa.!1Z3�OR FLIISLT2IIL �0 COIILrwC� �'vZ � 3IIV
ci�;:, ci'ry ane county; rzdeve?eprne�t a,�ency, or couniy
sh� be t=an_�mTt�� b� the boarc to �► t�a'r ci�r, cit;r
ar_c count;Y, redeve!opmen� a�enc¢�, cr county
percdically as prornptly as feasibie. 'ihe �a.ns�irtaLs
rect:ired unde: `�is szc�on sn�?I be made at le•ast �vice
in each calenr'_ar al:arter.
(�1 i1) �-c�pt as provide� zn para�-apn ("_), all
reve�ue co1le�:ed wirlun a couar-✓ pursuaat to t�is part
sh� be allocste� ia ac�ordaac� wit1� 5ectioa �204.04 if
t�:a'r couaty e�e:ieacsd posi�ve ��-ow�h in reveaues as
dere.�ined pursuaIIt to subdiYisior� (c), a�d in
ac��rc?a�ce wi "r� Sec�oa ??Oa.05 if t�at c�univ
e.r.;ere�ced LePa�ve �-owta in revenues as aece�ined
pcz�-s-�aat to subrivision (c). -
!?) T.ais se�^cn a�c Sec�oa.s ?204.04 aad i=0s.0� sha11
ncr aDply witjz res�er: to iBCr=�e�ta1 reve�ues to be
allccate� r.n accor:a�c� wi'rh a Wriite� a�-e��e�t to a
re�eYe?opme�t aQe�cy, or to reveaues to be Ce�osi'red in
a�cc::1 �-ans�or-a�on �-z:�d as descrced in Sec�erz 29530
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of t^e Gover:�ent Code. Reve�ues collect�d pursuant
to `�is part, tharma;raot be allocstz� with re.s_:,e�_* to any
i�zcr�ridual cor�nr�� sra11 be allecate� by the board ia the
sa�e maaner as ot�er fuacs allocate�' by the boa_rd frorzi
2a ��UI23.IIOC3fz'� StcL'BTn�Z�E.' DGOI. '�
r c� For przroses of ;�cai��sioz� (b), a county
e.::,ere�csd posiave � ow� i� reveaues wne� the
cor�rytivide sales �d use fa� reve�ue colle�:°�+ for the
relevarzt euar�er oi t�e c•.�T-��x'r caleadar year e�uals or
eYCS�ds �e cocu��r�rvide re��e �ue collecte� :L�'r� respect
to �e corz.s�oadi�� cuar�r i� �e prior c�ie�dar year.
For curposes of suddivisior (bj, a count�� e.�er.'enced
�e?��ve �-owca in rzvenues w�ea tfie cou�*�rwide sales
aad �zse ta�re�:e�ue colleccz� ior the relevar_t euarter of
t�e c�.:rz�'r cale�car yeaz- is le�s thaa the countywide
sa�es a�d use taY revenues co1le��-ed with rzs�e�r to the
cor.-� �aor_cias cuar�er i� �:e aror calencar yea.r.
Sr.C. 8. Se�ron i?0-.0� :s aCCe� to the Revenue anc
Ta,wCon Coce. �o reac:
r 204.Oa. (a) For e�c� coizr.�� e.�cperie�c�� pesiave
� ow�'1z in revenues, as de'te:mined pur��t to
sub�tizs-�on (c) of Sec�on � 2fl^_, the sales anc use tax
reve�ues coLecie� w:thi� `�e c�untv and avasable for
ailccs�on shall be allccat�d as foIlcws:
(1) For `�e �Tst c�ienca..T ve3r ror which �-us �z�+�on is
operative, each ta�er_; ju�:...�c.'ic�on shall �ec�ive each
calendar quarter an anount eaual to the actual amoun�
of saies and use ta�es coilecte� wit� that jur:sdiction
dur�� the c�rres�ondin� quarter in the pror calendar
ye�.r. For eac� calendar vear the: eafter, each ta�nQ
jur�cic�on shall rec�ive eac�. calendar quartzr an
a.mount equal te the allocs�on rzc°ived pursua.at to this
se��on or Se�uon iZQ�.03 for t?�e correspondinQ auarter
in :^ e prior eslendar � ear.
(�) L;nless otie^L;�z re�uirz� bv para;-a�h (4j, 30
per:.sat of t'�e re*n t-�Tn, bal�ce shall be dis�--ibuted
purssant to subeivision (b).
(�i Lnless othe:�z:se reauirec ov para�-:-a�h (?), �0
perc�nt of the rem�iu; baia�c� shall �e uis�.�DUted
DL:iSi�2�TIt t0 SLl�.`QlVISiCII �Ci .
49 °pU
I
2
3
g
j
6
7
8
9
i0
11
I2
IJ
I�
Ij
I6
1�
18
19
20
2I
22
23
�a
�
26
2?
28
29
30
3I
32
33
34
Jc7
J6
J!
38
39
40
— i — � 3JflJ
��-; Wher� the amouat ci the remainin; balanc�
w-cu� be exc�s�ed by t�ie rzrsoaa.ble ana aecessary casts
cf .^'�.isuibu�� tnai amount, �at amount shall be cariea
fcrLard for pur�oszs oi dete-��nTng for the
c�r-�sponain� caleadar aua°:�r in the follow-�:n� year
pcsi�ve or nega�ve o owr� :� reve�ues as deined by
su:=.civision (c j of Se�tion 7�_Qa.
(.':) The pe-C°*aL3?? oi `�e remainin: balance
aesc=ice3 in para�aph l? � oi subdivisiori (ai snall be
ai'_ccaLed on a.n ecuivalent per capita basis. For pu_�oses
o� �is subditi-ision, "equivale_t pe: capita basis" means
t�±=� the allocaie� per capita �.�ount for each jur:sdicton
i � �uivalent.
�c; For each county subjec� to this sec�on, t.he State
Bcard of ECU3Il23IIOR s�a � make the iollowin�
c� _°�nina�ons and caicslatc�s: . �
�:='� Dete�iae for each t:..:�Q jurlsciic�on ��-ithin the
c��.c;�, the tctal ancunt aLcc���� p�rsuant to para� aph
(? ; cf subditiL�-�orl (a'� and sti�civision (b j.
,. ?; Divi�' e:he aznou�� calc�.zlateti purs�:ant to
p� �m-apn ( I) by the pc�ula�on for �e ta.�en�
jt:� -�.sc.iction. �
i 3; Divide the total ar�c�t of sales a.ne use ta.Y
re�: enues collecte� in �e i�corporat�� and
��:corporate� area of the cct:n.� bv the total pcoula�on
er �e ta�� jurisdic�ons in che county.
;1� Subtract for each ta�; jurisdicaon, thz amount
ca.�c•.:lated pursuant to para� aph (�?) from the anzount
c�c•.ilated. iu paragra�h (3} .
t; c) The percenta�e or t�ae remainin� balance
cesc:ibed in. para�raph (31 oi subdivision (a) shall be
ai?ccate� as follows:
i 1 i��s to aay ta:dug jul-*�cic�on that has a positive
, . ,...
r.—�rence for the cslc�:..�a�on made purs�aut to
p� a�*aph �1) oi sucaivision � c;; , the allocation shall be in
aY �ount zcuai to the procL:c� of t7e amount cslcuiated
p�-R:ant to para�aDh (1) o'r sub�.ivision (c) aud the
t��a j12I'ISCIC�OII's populatcn_ �
t'; If the araount idea�e� in parsm-ap:c (3) of
s`�c:�zsion (ai is insuft=�cie =� to ma.ke t�:e allocstions
�e �=o
:� JJ�S
1
2
3
�
�
6
?
$
9
1�0
I1
12
LJ
.?�
i,.,
15
1�i.
. 18
1�
?q
�1
�
�:
��
��
25
2'�
�
29
30
JI
32
33
�
J�
„_
Jv
36
,,..
Jl
JFS
39
s0
— � —
c_'c�,�at�d �ursuant to para�a�h (I) , t�e allcca�ons shall
Le re�LC�� on a prcraL�d basis to all ta.�� jur��ictroas
��:� ao�itive cuie:e^ces ior the calcnla�oa made
�urssant to para�ra�n f�) of subc:vision (c j. The
proratons shall be mace as s�e��ed i.n subci�zsion (e) .
�3) L, a.��er alieca�ons ar� made pt:r�uant to
�ara, aph � 1) , funds = zmain fron the amou�"�t i�e�tined
r�Tl �a:�sra�h (�� Oi SL1CGiVLIGII (a), thai bala�c� s�ail be
alecat�� so '-taat all ta��� jur;sr�ic�ors rec�ive au
e�ui�%aie_t peT caniLa ailoc3ttoa. FoP puraoszs oi this
cara�-aph, "equivalenz per capita alloca�on" Sji131I II3V2
�ae sa�e me�inQ as "e�uiv aient �e� ca�ita bas�s" in
SuCCttiiSiOA (b). _ �
(e) For pu�roses oi para�-aph (2) of subc:�z..�on (d),
_ rera�or� shall be made pursuant to the ioLlowin;
Or"�'L2 w��'i...�'.L*I 23C� CCLITI�::
(�j �Or 2.J. �3.�21g JirricCIC�OL'S �'2L r12VZ �CSIIIV@
�=�zr°�c�s for t'�e calc•,z�a�o� made p�Tr�ant to
�ar3�3D� (�'_) Of S1:DC:vZiCII (c), calc�.ilate ��e tetal of
�ose �e��a�ons.
(=; Di�zde '-�e gopuia�or_ ot e�cn ta�; iur:s�ct�en
Lv �@ 3..'r'YOIlIIL C31C`.112L�,^y' DllIS112I1t t0 p8S3�'3DII ( Z� .
��j The aznount aLccat�� �0 Z3Ct2 �3.'flII? jLII'T�C�2C�OI1
s�:al be tae �roduc� oT �e �ount calcuiatec aursuarit to
D2I3�3Dt2 (2) a.nd �e a.mo�.�t calc�.ilate� �ursuant to
�ara�apn (3) of subci�ir�oa (a! .
SEC. 9. Sec�on i Z4�?AS is aaded to �he Rzvenue and
Ta.�aton Code, to res�:
i 244.0�. ( a) For e3ch couaty e.�eriencin� ne�ative
Q ow�� in reve�ues, as determined pursuant to
s�:cc:i�zsion (c) of Sec�on i 20?, the sales a�d usz ta..�es
colle���� wi� the count� shait be allocaiea te each
�a.�^,..n� jur�sdic�on in t'�e same tot3l amount as i.n the prior
verr, ?ess the a.mou�t calcuiate� in subclivision (b) .
�(b) For pur�oses oi _ubcivision (a) , the S�ate Bcard of
�cl:�:za�oa snail do �e �ollo�viag:
(I; Deter�ni.ne t�e di�ereac� betwe�r_ the total
�OL'I=� 3110C3t°Q �O �i`I° t3.'CZ�]LLT'ISCIIC�OIIS III �I@ COl1IIlti"
in `�e co�es�cncin; au�-t�r of �e prior c�Iendar vea�
anc �:�e �otal a.�oi:�: coLe�:z� ia �e c°arr�rt cLa..�er.
:�s ��;�:
I
2
3
4
j
6
i
8�
9
10
11
I2
13
I4
I�
1&
I7
18
i9
20
2I
�
— 9 — �B 3�U5
(2) Divide the amount calc�.ila.te� pursu�t to
para�*aph (I) by the totai popuiation oi the �a�dn�
jurisc�ic�ons in the county.
(3) tifultiply t3z� a=nouut calc�.ilate�i pursLa�t to
para�raah (2) by the poputation of eac� ta.�ag
jLS'•SaIC�30B lII �@ CO11IItV.
SEC. 10. Se�^�on 72Q4.06 is added to the Reve�ue and
Tasaton Code, to read:
7204.Q6. For purposes of Sec�ons 7�Oa, i Zpg,pg, aad
7?Oa.05:
(a) Popuiaton shall be determined accoraia� ta the
most re��nt annual estimate oi the Paptalation Research
T�nii in the Depar�eut of F'inancs. lipon the re :uest of
aay ciiy, county, or ci�;� and county, the resear�a uni.t
sizall re°stimate izs populai�on if the re�uestin^ eaa't;f has
e.cr�ere�ced au an.ae.�aaoa subseQUent to the Iast re�eral
c�asus. Ress�ates shall be pe:-rormed consistea� with
Sec+�on 210 r 2 oi 'rhe S�eas and Highways Coae.
(b j"Taxi.n.� jurisdic�on" me� a.ny cit;r, cit;r and
courty, or county that has con�acted wiuz the State
Boara of Ecualizaaon pursuant to Section 7?02.
�❑
� �40
�
Sa� ES '�X �`'.�It�CZl MEt''•t"'��..DIC�� ��nzn.ar�
a3 3�05 ^��'�25 � rev'se t'� met�^.a: ''..y whi.�
:s zllc�t` «__.�.:.*z e�c: c...�B'tt_�. L�x'.n_ A3 3505, t':e
jr=�ic�.'.:.. �= Y� ccrs.is� o=: Z) a�� amcc...
���� :.-y a ; :�--�s :=�..�cn iT. ��^.� .pr�r_ct:s ��r;
cf anra:a? sZ� ��x :-=v�*�:,e wL�-..�? c�..' :�'��• rP-
V� Z� Z� U T AC �
�II�3it 3� 1C�.3�: ''� P.3�C'�
^-t - t'^.a t_,^t3? a1Zcc3t `cal
� 2) a s��'.are cf t'^.s g�r�
�•..e '•� _w ` " zzve.*� fcr a �s:c� �s ���� =.:c: t.ao ec.zal r.�.r`s, Ftt �
ar� � B. �� s��'�:�. tn aL ci'-..�� wi�.'�:n a�.�c� ar� t�^� �r
c,c�.T-�*.^� �: zT �:al r.� cz�� � Y�.a.s:s . Pcr t'^.� ���zs cf t'zis f�r-*,T �,
t''� Z? ? CCc:t�.r^. �...^, t'^� C�:'S:tT 'S bZSr3d G7 L.�"Z,�.'9�.Zxi�t.�� c rT'� �:lZt:.C�i. �L
3 s z�: �._:.�t`'� cn a p� c�i}a :.ass, �r crL.y t� "�e�iol.e"
j�,�^:s.: :c�`�s . �; gi�; , ; � � is �..��i..-� iy � jt...T--: �_< ..._�cn's p� �i'-� �es
t�x �ve*a� �..,r�.' t� t'�� �ac�wir.e av���.
I= a��^-�_s:�_�..:cn's �r �_r.iy3 sal�s � rwe^.� (at`� �=vi.�r, s�
�r�.^s y� :.�sa amc�z:t a.r� � A s:^are) s' le�s ��.^� i.� ���*a�1e c�..��� -'D
av�� r.� �^'_-.� (t.,-�? sa? � tax ��*s:e �Lee�.=.' :.y all jurs�ic�..�crs
w_ ,.i^. �,e c�__� div�_� by t.:�? �:�_�w:ce �uia`cn) , t'�at j��c=�.�crs
�s+�c�_: ie �c� �n a1? c�ticrs �� Pe�t B. '� ac-..:z? �cL� amccmt di°=Te.*�
ce_-.�*� t'�.:e cz.::..�ce av�*ace ar� t'^.e 7t.�^^�c'`c:'s ��iy.a is t��
��n_�-r� � 'C..._'��_�.3 c�.IDGL'!!C t'`2L jt�''� �:��..�G'I '� �C'�? � ��'..^� i2CL'�VE.
.ai �°= -''`' �.. �: i T f ZJ :S CET.� �' .*'.�+ �`� �OL"t1�;�i "A'°'' ar? �', V 2�CI j L'S°��..�.C�'�iCII
�..''°_ �.."C2? � �' :..'. "emnr�i -:E t�=.o �Sr�-r+t 2I:L'.t.+:C °25E�.�� .°� :.iZ �:t B yv^ �:��"� 3� ?
L•�cw-av��-z ���ic-�crs L:_. a t'^_e c�...���e �v��.�. 'L'i.s t..--��1 zmc�
:�� is tsr c.�z._*-�.°: � t� ac'-...:zi �..,.r ,, �:.� o; � i
av�.....__ � �t B. Typi�Zy,
t':° ��"'a T �.^.��. r. : dII .Y.tIIiC S � �'' � .°�'' `�""' 'a �:� �:L �+: � i2GI E� �C'r.�.E
�t...^--�c..: czz _;T r�=ves a�..-�cr..=cra s::�� c= i� .�e�i....,i cn a�r �ita
rzss. '�. :.s j=-� s ceT»-,� ^_� Ly t'�.,e �T�o oi t..�� :� H ava � � a�ie � t,^c:l
�L B *�'�' _
For ��..�? _, ass.�e ��t �T`,�T � ���..acr: c� -=� �� (pr_cr y��-
z� , c�u,n) r� _'^.e Fcc ?� s.'^.�--_ ci sal� l�x _�wt:, `� foL' �r�
c�...�amx a...:�.s i*� C..�.t�r �: - .
ctai�y���.� ave.*�c�e = SZOO r� �i�
Of 6�t.�' -=' c-.rens in t'�� �.�r, 2�� i:e? cw � ecc��wic?�e av�v�*�c2_
�'ts,_s�:.c=� 1 i�s a��i'-� sa? ��c cf 59C ar� a�? atcn os
1,000.
" �'ts•:s��._� 2 i�zs z c� �ita saL� L� cr $�� � a p�u�7.at'_cn of
2,Q00. -
� ,er,e�..�.� „aa; � �}. ; g 3.II � B 15 $3r� � 00� e
'�":e 1.,-+�" �:�y�.3 �nct..^.t5 tyer'""...._.�a='� t:. .'^.r''_`� ,���^'�:�' cr5 I ar� 2 t� t� t�
c:.z��wi�e av��e �-� SIO ar�c 5:.0 ��i� r�ec.._vely. ��e t,^t3t �ait
r�� in � 3� a,��iev�e t'�:s gca� wct:? d be SL' e, eoc ci? c.slaz�? as f^..Lews:
(J�_s�.-�.=:-._� 1��i=.a ne� x JL..•^�c._c� I�lat'_cn) - .
(uti..=-_s: =c��:�: 2��pi� n� x v��~��c-�ci 2�?at:cr.) = t�
amct�.- :*� r.e�'� _. � 3 t:. �r y�elc,w av�*-�..ce jt.:�'_c._c�^s t� �c�::._�w=c�
av��ce
� ($io x =, �co} - (��o x �, cco)
Jt�'�'_c_=.. 1 r� _ $i0 , OGO
^�'�..'. 'L�2 '�� 2.I.'�i..a":t �cV''�.�j �...^? � L
�L�._c`._�s � =.*�c 2 �^��ve T�,OCO
= SL' Q, CCO .
Jt�:s::,'_;�..m� _ :. '' _ $1CO,OCO
*2 �� 3 S�0� C� `�� flE°� � r
u� :�� , CCO :'�'..�.-:ves.y L-� �`L 3.