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HomeMy WebLinkAbout04/16/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM April 16, 2004 TO: Honorable Mayor and City Council Tandy, City Manager ~7"~/ FROM: Alan SUBJECT: General Information 1. The local government initiative that would prohibit the State from making further cuts to cities and counties may not make it to the November ballot. The enclosed article from the April 15th Los Angeles Times reports that the Governor is interested in promoting his key measures in the election and does not want to "clutter" the ballot with other issues. According to the attached article, an alternative deal is being negotiated that would keep the local government initiative off the ballot. It would still include the Governor's proposed $1.3 billion cut from cities and counties, although, supposedly, those monies would be restored over several years. There would still be a complicated swapping of payments to local governments by the State, which, as the article states "the Legislature can cut at any time". This scenario is just another indication of the creative strategies the State will continue to invent to make us share the burden of their financial difficulties. 2. As a follow up to last week's item on the requirement to pay volunteers for their work on public projects, things such as facilities development at PAL, Liberty Park, and work at Centennial Plaza could be impacted, among others. We are sending the appropriate requests for legislative changes. '3. The Legislature voted to adopt the Workers' Compensation reform bill today, with the Governor set to sign the bill into law on Monday of next week. An overview of the approved package, from an article in the Los Angeles Times, is enclosed. 4. Assistant City Clerk Roberta Gafford, has received the designation of Certified Municipal Clerk. To receive the CMC, she had to complete specific educational and work requirements. Congratulations to Roberta for her achievement! 5. A memo with information about National Victims' Rights Week is enclosed from Chief Matlock. A special recognition ceremony is planned on Monday, April 19th at 12:00 p.m. at the Liberty Bell, outside the County offices. AT:rs CC: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst Los Angeles Times: Gov. Uses Muscle on Ballot Measures Page 1 of 5 http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4219607.story?coil=la-home-local CALIFORNIA Gov. Uses Muscle on Ballot Measures Tax increase supporters back off. Local officials' item is next target.' By Evan Halper and Robert Salladay. Times Staff Writers April 15, 2004 SACRAMENTO -- Gov. Amold Schwarzenegger, concerned about a November ballot filled with initiatives that could undermine his agenda, is seeking to use his political muscle to scare off some of the measures. After successfully appealing to the California Teachers Assn. to drop their proposed property tax increase, the administration is working to torpedo a measure advocated by city and county officials. "If there is bad policy that we would oppose and ... we are able to discourage an initiative from ever going to the ballot, that is something we will do," said Schwarzenegger spokesman Rob Stutzman. Schwarzenegger, whose negotiating style often includes threats to go to the ballot himself, is finding other groups using the same tactic. Some of them hope he will make deals to keep them off the ballot. Even before the governor takes a position on some measures, his top political advisors are out working to pull apart the coalitions that support them. Their goal is to keep the govemor from getting dragged into a lengthy campaign, as well as to clear the ballot of clutter that might distract voters' attention from measures that Schwarzenegger may want to put there. "Gov. Schwarzenegger has figured out that even his bully pulpit is only big enough for one thing at a time," said Republican political consultant Dan Schnur. And at the moment, local government representatives are doing everything they can to take advantage of the governor's desire to keep things off the ballot. Their initiative would prohibit the state from making any further cuts to cities and counties. It is being circulated in response to the governor's plan to reduce their funding by $1.3 billion as California faces a projected $14-billion budget gap. The governor has yet to take an official position on the initiative, but if it passes, Sacramento would have to give back any money it takes from cities and counties in the coming budget year. Organizers must submit signatures by Friday for it to qualify for the November ballot. Kathy Fairbanks, spokeswoman for a coalition of local government leaders, says her group is "moving full steam ahead with our measure." But other local government representatives close to the talks and legislative officials say privately that cities and counties http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4191097,print.story?coll=la-home-local 4/15/2004 Los Angeles Times: Gov. Uses Muscle on Ballot Measures Page 2 of 5 are hoping to strike an alternative deal with the governor to avoid a costly and combative campaign. Schwarzenegger spokesman Stutzman would not discuss details, but confirmed that talks are driven by Friday's deadline. "The fact we're at the deadline for signatures for ballot measures is creating the incentive for discussions," he said. "Local government is included in that." The negotiations, according to those involved, are centered on an administration proposal that would still cut $1.3 billion from cities and counties -- but not permanently. The cut would gradually be restored over several years. And it would come with an assurance that such a cut would never be made again. The tax system would be changed to back up that pledge. The change would involve cities and counties swapping payments from the state's general fund -- payments the Legislature can cut at any time -- with a larger share of property tax protected by a constitutional amendment. The process of nudging groups offthe ballot is not always so amicable. Sometimes it takes what activists consider a much heavier hand. That's what one of the governor's top political advisors, Jeff Randle, used in his campaign to kill the California Teachers Assn.'s $6-billion property tax increase initiative. Randle and his team began building a broad coalition against the measure in February. In addition to the traditional GOP allies, such as business and anti-tax groups, they reached out to minority groups, public safety organizations and even some of the state's major education groups. Randle said the governor was passionate in his opposition to a property tax increase. "From Day 1, he was opposed to this thing, and he was opposed vociferously." Randle said that was made clear soon after the campaign began: "We weren't even through the March ballot yet. But we wanted to let them know we were going to come at them on all fronts." As they built the coalition, the governor came out strongly against the proposal in public and privately applied pressure on organizers, according to supporters of the measure. While teachers union officials say they pulled the proposal because the ballot was becoming too cluttered with other initiatives that would distract voters, other education officials say the governor clearly played a role. "The minute JeffRandle became engaged in the opposition campaign, it sent an obvious signal that the govemor wasn't going to take this sitting down, and it did have an impact on their ultimate decision," said Kevin Gordon, executive director of the California Assn. of School Business Officials. Gale Kaufman, a political consultant whose firm was running the teachers' campaign, suggests the governor is working under a double standard. "At the same time he is saying out loud, 'I don't like what you're doing, I'm going to the ballot,'" Kaufman said, referring to Schwarzenegger's threats to lawmakers over a state spending cap and workers' compensation reform, "he is saying privately, can you take that offthe ballot?" "If the voters are behind him, then why wouldn't he want them to decide any number of issues, including the ones where millions of signatures are collected? Because he didn't collect them? There is no question there is at least a slight contradiction between what he is doing publicly and what he is saying privately." Stutzman says the governor weighing in is appropriate in an open democracy. "Gale and her client still could have gone to the ballot," he said. "They were just being advised of what they were in for. That sounds democratic to me." "The govemor is all for the initiative process. That doesn't mean they are all good ideas. He will speak out against the ones that are a bad idea and tell groups before they submit signatures. And if they choose not to go forward, it will save http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4191097,print.story?coll=la-home-local 4/15/2004 Los Angeles Times: Gov. Uses Muscle on Ballot Measures Page 3 of 5 them a lot of money," Stutzman said. Sometimes, however, the governor doesn't even have to say anything privately -- or publicly. Schwarzenegger has yet to take a position or get involved with a proposal to add a surcharge of up to 3% on residential phone bills to pay for emergency room services. But one major backer has already bolted. C. Duane Donner, president of the California Healthcare Assn., said Schwarzenegger's opposition to new taxes, even ones that would pay for a specific program, has lessened the appetite for them among the public. "The post-recall era has clearly changed the overall climate throughout Califomia," he said. So far, Schwarzenegger has not gotten involved directly in what could be the most costly initiative fight on the November ballot: a proposition that could end Indian tribes' monopoly on slot machines by opening the way for card rooms and racetracks to get 30,000 of the devices. With good reason. He may be able to use that measure himself as leverage to persuade the tribes to contribute at least $500 million of their gaming money to the state. The threat of the popular governor campaigning for the proposal may be enough to keep tribes at the table. "Our initiative helps him negotiate his deal," said George Gorton, a consultant for the racetracks and card rooms financing the measure who also is among Schwarzenegger's political consultants. The governor has announced his opposition to a competing initiative proposed by the Agua Caliente Band of Cahuilla Indians. The Agua Caliente measure seeks to allow unlimited expansion of gambling on Indian reservations. In exchange, tribes would pay 8.84% of their net profits to the state. And soon the governor will make it clear where he stands on a proposal to tax millionaires to expand mental health services, which recently qualified for the ballot. Assemblyman Darrell Steinberg (D-Sacramento), a lead sponsor of the measure, is eagerly awaiting his next meeting with Schwarzenegger. "He said he wants to get together to talk about it," Steinberg said. Times staff writers Joe Mathews and Dan Morain contributed to this report. (BEGIN TEXT OF INFOBOX) The road to getting on the ballot Here are some proposed measures for the Nov. 2 general election ballot. They can be put on the ballot by the Legislature or by initiative. To qualify for the ballot, an initiative proposing a constitutional amendment requires valid signatures of 598,105 voters; an initiative proposing a new law needs 373,816. The deadline for submitting voters' petitions to the secretary of state is Friday to give county elections officials adequate time to verify signatures. At least 70 initiatives have been submitted to the attorney general for a title and summary, the first step in the process of getting the plan before the voters. So far, 19 have failed to get enough signatures or have been withdrawn voluntarily. Approximately 40 remain in circulation. Approved for the ballot: http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4191097,print.story?coll=la-home-local 4/15/2004 Los Angeles Times: Gov. Uses Muscle on Ballot Measures Page 4 of 5 Railroad m A $9.95-billion bond issue to start construction of a bullet train line between Southern and Northern California. (Put on the ballot by the Legislature) Health -- A referendum to overturn a law requiring employers to provide healthcare insurance for uninsured workers. Access -- A proposed constitutional amendment to guarantee the right of access to state and local government information. (Put on the ballot by the Legislature.) Signatures being verified: Hospitals -- Proposes a $750-million bond issue for construction, expansion and equipping of children's hospitals. Mental health -- Levies a 1% tax on the income of millionaires to finance expanded mental health services. Vote -- Establishes an open primary system for elections. Signatures submitted for verification: Emergency m Adds a 3% surcharge on telephone use to provide additional money for hospital emergency services and training. Crime ~ Amends the state's "three strikes" law to require that a crime be a violent or serious felony in order to qualify as a strike and imposes more severe penalties for sexual crimes against children. Business -- Limits a citizen's right to sue under unfair business competition laws to situations in which the individual has suffered an actual injury or suffered a financial loss due to an unfair practice. Failed to qualify or withdrawn: Education -- Would have increased property taxes on commercial property to finance teacher salaries, reduced class sizes and established a voluntary universal preschool program. Automobiles -- Would have given automobile buyers expanded ability to cancel their purchases and required fuller financing disclosures by dealers. Parmers -- Would have prohibited implementation of state's domestic partners laws. Vote ~ Would have imposed fines for failing to register to vote. Still in circulation as potential candidates for Nov. 2 or the 2006 ballot: Research -- Establishes a constitutional right to perform stem-cell research and authorizes a bond issue of up to $3 billion to finance research activities. Revenue -- Prohibits governors and Legislatures from making further budget cuts to local government. DNA -- Requires all felons to provide a sample of their DNA for storage in a law enforcement database and authorizes local authorities to take such specimens from individuals arrested for rape or murder. Workers -- Supported by Gov. Arnold Schwarzenegger, it overhauls the costly workers' compensation insurance system. ,~ http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4191097,print.storyTcoll=la-home-local 4/15/2004 16os Angeles Times: Gov. Uses Muscle on Ballot Measures Page 5 0£5 Gambling -- Requires Indian tribes that own casinos to contribute 25% of their slot machine revenue to state and local governments. If they refuse, 11 card rooms and five horse racetracks would gain the fight to 30,000 slots, and would pay 33% or roughly $1 billion a year primarily to local government. Gambling II -- Pushed by a Palm Springs Indian tribe, it allows tribes to have unlimited casino expansion rights on their land. In return, tribes would pay the state 8.84% of their net profits. Source: California secretary of state Los Angeles Times If you want other stories on this topic, search the Archives at latimes,com/archives. l SReprints Article licensing and reprint options Copyright 2004 Los Angeles Times http://www.latimes.com/news/local/la-me-ballot 15aprl 5,1,4191097,print.story?coll=la-home-local 4/15/2004 ,L,os .A~,~.geles Times: Lawmakers OK Workers' Comp Bill Page 1 of 2 http://www.latimes.com/news/local/la-041604workers_lat, 1,433524.story?coil=la-home-headlines Lawmakers OK Workers' Comp Bill By Jesus Sanchez Times Staff Writer 12:10 PM PDT, April 16, 2004 The California legislature today overwhelmingly approved a sweeping workers compensation reform bill championed by Gov. Arnold Schwarzenegger that promises to save employers billions of dollars but also reduces insurance benefits and treatment options for injured workers The Assembly voted 77-3 to adopt the measure and Senate followed suit with a 33-3 vote in favor. Schwarzenegger has indicated he would sign the bill into law on Monday if approved today. Passage of the compromise measure was a victory for the governor who had pledged to create a more business-friendly environment during last year's gubernatorial recall election. In expectation of the bill's passage, Schwarzenegger Thursday withdrew his workers compensation ballot measure that he had threatened to put before the voters in case the legislature had failed to act. The Democratic leadership praised the workers' comp bill, which was crafted after weeks of intense, closed-door meetings, as one that was more palatable than what was proposed in the Schwarzenegger's ballot measure. However, Democrats and union officials warned that the legislation failed to place caps on insurance company premiums and lacked guarantees to make sure that insurance companies pass along any savings to employers. The reform legislation would also result in reductions in some disability payments and also cut benefits for workers who are able to return to work, even for light duty. Employers would also be allowed to create a network of doctors to treat injured workers and insurance companies would face less penalties for late payments. Sources involved in crafting the bill have spoken about a "ballpark" estimate that the proposed reforms could cut $4 billion to $7 billion in costs out of the state's $22-billion system for aiding injured workers. California businesses, nonprofit organizations and local governments have been hammered by workers' comp insurance bills that have doubled and tripled over the last few years. Business groups have hailed the bill as one that would deliver substantial savings to employers, though specific results won't be known for months when insurers adjust rates. Those savings, especially from putting limits on temporary disability benefits and getting injured workers back on the job, could quickly boost businesses' bottom lines. Despite their misgivings, Democrats and their union supporters said that the legislation would provide far more benefits and protections to injured workers than the ballot measure would have. The bill, if approved by at least two-thirds of the members of both houses of the Legislature, could go into effect immediately once signed by the governor. Times Staff Writers Robert Salladay and Marc Lifsher contributed to this story. http://www.latimes.com/news/local/la-041604workers_lat, 1,2619435,print.story?coll=la-home-headlines 4/16/2004 ~Los A~,~geles Times: Outline of Workers' Comp Deal Page 1 of 4 http://www.latimes.com/news/local/la-workerscompdeal, 1,7692091 .htmlstory?coll=la-home-headlines Outline of Workers' Comp Deal Breakdown on workers' compensation reform packaged worked out between Gov. Schwarzenegger and Democrats. Source: Legislative Contacts April 13, 2004 MEDICAL ISSUES · Entitles employees to receive immediate medical treatment with a cap of $10,000. · Repeals provisions allowing employers 90 days to begin treatment. · Allows employers to contract with networks of doctors as they do now for group health. · Allows employees to change doctors within the network. · Set standards for networks to ensure adequate and appropriate care: o sufficient geographic coverage o adequate number of specialists o specifies the percentage of physicians who are primarily non-occupational o sets timelines for seeing network doctors o requires continuity of care · Allows workers to see up to three different doctors within the network. At that point, workers become eligible for an in-person independent medical review (IMR). · Employer pays for IMR. · Employer loses medical control if IMR sides with injured worker. · Standard of Care · Maintains current "cure and relieve" standard of care but defines it as treatment in accordance with American College of Occupational and Environmental Medicine (ACOEM) guidelines we put in place last year. · 24-Hour Care Pilots · Allows conStruction and other industries to establish pilot programs creating a seamless health and disability health care system. http://www.latimes.com/news/local/la-workerscompdeal, 1,544284,print.htmlstory?coll=la-home-headlines 4/16/2004 ~,Los. A~.~, geles Times: Outline of Workers' Comp Deal , Page 2 of 4 ·These programs would provide benefits without regard to the cause of the sickness or disability, provided they maintain the statutory minimums for PD benefits. · Repeals the treating physician presumption for pre-designated physicians. PERMANENT DISABILITY · Modifies schedule to incorporate the most recent AMA guidelines. · Replaces "decreased ability to compete on the open labor market" standard with "an employee's diminished future earning capacity." · Increases payments o 15 percent for people who don't get a return to work offer o for people with over 70 percent disabilities · Reduces payments o 15 percent for those who get return to work offers o to those with less than 15 percent disability · Report Writing and Diagnosis · Requires medical evaluations to be in accordance with descriptions and measurements used in current AMA guides. · Requires procedures for determining diagnosis and treatment to be in accordance with ACOEM guidelines. · Restricts the admissibility of evidence of disability or reasonableness of medical treatment to reports that comply with the procedures above. 5814 PENALTIES · The existing 5814 penalty structure would be changed to one with the following components: · Late payments would be 25 percent with a $10,000 cap. · Late payments to a medical provider would not constitute a 5814 penalty unless it results in significant harm to the worker (i.e. he or she didn't receive a necessary treatment). · Insurers can "self-correct" errors they discover by making the corrected payment, plus 10 percent, provided they act before a 5814 was filed. · Adds stiff penalties for pattern and practice. · Creates a two-year statute of limitations on 5814 penalties. http://www.latimes.com/news/local/la-workerscompdeal, 1,544284,print.htmlstory?coll=la-home-headlines 4/16/2004 Los Angeles Times: Outline of Workers' Comp Deal Page 3 of 4 CAUSATION · No changes to existing law. APPORTIONMENT · AlloWs employers to apportion injuries to any non-work cause including previous injury or health conditions. · Caps multiple awards so no one can receive more than 100 percent disability for any single region of the body. · In no case shall an injured worker receive cumulative awards that exceed the benefit of a total permanent disability award. · Employees must disclose all previous relevant compensated or uncompensated injuries. · Medical reports: · Must include information necessary to determine apportionment. · Reports without that information are not admissible. TEMPORARY DISABILITY · Temporary disability is capped at 104 weeks from the first payment by an employer. · Disability can be received for longer than 104 weeks if a worker has one of the following conditions: · Acute and Chronic Hepatitis A and C · Amputations · Severe Bums · High Velocity Eye Injuries · Chemical Bums to the Eyes · Pulmonary Fibrosis · Chronic Lung Disease OTHER ISSUES · Restores user funding of the Division of Worker's Compensation. · Includes clean-up provisions from AB 227 and SB 228. · Requires providers to use correct codes when billing an insurer or employer. · Consolidates the fraud penalties into one section of code. http://www.latimes.com/news/local/la-workerscompdeal, 1,544284,print.htmlstory?coll=la-home-headlines 4/16/2004 International Institute of Municipal Clerks Profes,~iomdi.~m in Ix)cai Government through Education Mamh 3~, 2004 Pamela A. McCarthy City Clerk City of Bakersfield 1501 Truxton Avenue Bakersfield, CA 93301-5270 Dear Ms. McCarthy: Roberta Gafford, Assistant City Clerk of City of Bakersfield, CA,'has earned the designation of Certified Municipal Clerk, which is awarded by the International Institute of Municipal Clerks, Inc. IIMC grants the CMC designation only to those municipal clerks who complete demanding education requirements; and who have a record of significant contributions to their local government, their community and state. The International Institute of Municipal Clerks, founded in 1947, has 10,300 members throughout the United States, Canada and 15 other countries, and the mission of this global non-profit corporation is to enhance the education opportunities and professional development of its diverse membership. In light of the speed and drastic nature of change these days, lifelong learning is not only desirable, it is necessary for all in local government to keep pace with growing demands and changing needs of the citizens we serve. Your City can take immense pride in Roberta's educational accomplishments and achievement of this milestone. On behalf of the IIMC Board o~ Directors, I am honored to endorse the conferring of CMC to Roberta Gafford, your,' Assistant City Clerk. We share your pride in this ., achievement and we applaud your. auppart of t~e role Roberta plays in your City. Sincerely, Jean M. President, IIMC B/t J.W. (Joe) Tiernay Executive Director Raymond C. Garubo, Ph.D. 8331 Utica Avenue · Suite 200 ' Rancho Cucamonga, California 91730 Director of Education & Research Phone (909) 944-4162 - Messages (800) 251-1639 · Fax (909) 944-8545 · hq@iimc.com · wwqw.iimc.com Date: April 15, 2004 To: Alan Tandy, City Manager Honorable Mayor and Council Members From: Eric W. Matlock, Chief By: Karen Bennett, Crime Prevention Superviso Subject: Recognition of National Victims' Rights Week National Crime Victims' Rights Week has been designated as April 18 - 24, 2004. This is a time set aside to reflect upon the many contributions crime victims and those who serve them, have made to our community. The ViCtim Witness Auxiliary has asked me to extend an invitation to you to attend a Victims' Rights Week recognition ceremony on Monday, April 19th at 12:00 noon at the Liberty Bell, 1415 Truxtun Avenue. This year's theme, "Victim's Rights America's Values," allows us the opportunity to engage in a national dialogue about what it means to be a victim of crime and what it means to effectively identify and address victim's needs. When a violent crime is committed, it results not only in physical emotional and financial trauma to the victim, but it also affects other family members, friends, co-workers, classmates, the community and you and me. The community is painfully aware that there is more danger today than a few years ago. It is also important that they become aware of the programs in our community to assist them in their time of need. Since 1982 the Victim Witness/Assistance Center in Kern County has been administered by the Kern County Probation Department. In 2003 the center assisted 8,248 new crime victims and their families and has provided 16,852 continuous services. The Kern County Victim Witness Auxiliary, a non-profit organization, this year raised $3,500.00 to maintain an emergency fund for victims. Funds raised are used to assist victims who might need immediate assistance for eye glasses, prescriptions or other items quickly as a result of their victimization. The auxiliary also promotes crime prevention education in the community. Please feel free to join staff in recognizing National Crime Victims' Rights, schedules permitting, on Monday, April 19th.