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Home My WebLink About1989 September 6, 1989 The Honorable Trice Harvey State Assembly State Capitol Building, Room 4015 Sacramento, CA 95814 Dear Assemblyman Harvey: As requested by the City Council of the City of Bakersfield, I am notifying you of the City's support for AB 1242 (Lempert) as amended May 31, 1989. The City Council has reviewed the bill and finds it is in keeping with other City Council legislation regarding the display of. harmful matter to minors. Thank you for your attention in this matter. Sincerely, Dale Hawley ~ City Manager JDH:jp cc: Honorable Mayor and City Councilmembers Honorable Don Rogers, State Senate Honorable Phil Wyman, State Assembly 1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 326-3751 MEMORANDiU-M .- / August 9, 1989 TO: LEGISLATIVE COMMITTEE PATRICIA DEMOND,_ CHAIR -KEVIN MCDERMOTT -- , MARK SALVAGGIO FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST k~~,~ SUBJECT: PROPOSED AGENDA ITEMS FOR AUGUST 30 COUNCIL MEETING I have attached draft copies of committee reports/resolutions to be placed on the _agenda for the August 30 Council meeting. Please review them carefully to see if they fulfill the directions 91ven in the Legislative Committee meeting on August 7. " ' t would appreciate having your responses by August 14 so changes can be made before placing them in the agenda packets. If there are any questions, I be glad to answer them and resolve concerns which may be felt. I have attached a copy of the Board of Supervisors resolution supporting the Constitutional amendment which is being proposed on the flag burning issue. Please let me know if I can be of any help. Attachments cc: J. Dale Hawley, City Manager A.-Saaifield, City Attorney m0809893 L DRAFT LEGISLATIVE COMMITTEE REPORT NO. __-89 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: FLAG BURNING At the July 12, 1989 meeting of the City Council, a request was made for the City of Bakersfield to adopt regulations which would prevent flag burning. This issue was referred to the Legislative Committee for review and comment. The Legislative Committee has met on this highly emotional issue. Political leaders at both the state and national levels are attempting to protect the symbol that epitomizes that for which America stands while guaranteeing First Amendment rights of American citizens. A Constitutional amendment as well as a federal statute have been proposed and are being reviewed to se? what ramifications they might have on the United States Constitution. The Legislative Committee commends the efforts of state and national leaders to effectively prohibit flag burning while protecting American political expression. Therefore, the Legislative Committee recommends that the City Council accept this report and adopt the resolution supporting efforts to 3rotect the American flag from desecration. Respectfully, Patricia DeMond, Chair 7_ _- - Kevin McDermott . Mark C. Salvaggio DRAFT RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SUPPORTING EFFORTS OF STATE AND NATIONAL LEADERS TO EFFECTIVELY PROHIBIT OESECRATION OF THE ANERICAN FLAG WHEREAS, American principles, values, and freedoms are symbolized by the Flag of the United States, and WHEREAS, the American flag has been respected, saluted, honored, and fought under for more than 200 years, and WHEREAS, the June 1989 Supreme Court decision in Texas v. Johnson strikes down state and national flag burning prohibitions, and WHEREAS, the President of the United States and legislators on both the state and national levels are pursuing avenues to protect the Flag of the United States and rights of all Americans guaranteed in the Constitution. NOW, THEREFORE, BE ZT RESOLVEB by the Council of the City of Bakersfield that the City Council wholeheartedly supports legislative efforts to protect, our Flag from acts of desecrat.ion. ...... 000 ..... m0808892 DRAFT LEGISLATIVE COMMITTEE REPORT NO. -89, TO' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: SENATE BILL 1424 A request from the Mayor of the City of Salinas for support for SB 1424 (the Parking and Business Improvement Area Law of 1989) was referred to the Legislative Committee by the City Council for review and comment. The Legislative Committee has reviewed the bill and possible effects it may have on the City of Bakersfield. One of the provisions of SB 1424 would allow the levying of assessments for property related improvements and activities upon businesses located and operating in a business district of a city. The passage of SB 1424 would not affect the City of Bakersfield Downtown Improvement District which is funded through business licenses. The Legislative Committee recommends that no action be taken on the request from the City of Salinas to support SB 1424 as the bill does not directly affect the City of Bakersfield. It further recommends that the City Council accept this report and implement its recommendation. Respectfully submitted, Patricia DeMond, Chair Kevin McDermott . _Mark C.. -Salvag9io ~n0809891 .... _-_ --- -- DRAFT LEGISLATIVE COMMITTEE REPORT NO. -89- TO: HONORABLE MAYOR AND MEMBERS OF THE CItY COUNCIL SUBdECT: ASSEMBLY BILL 1242, MINORS: HARMFUL MATTER: VIDEOS Existing law makes it a misdemeanor, or a felony, to provide or exhibit defined harmful matter of a sexual nature to any minor, as specified, and with certain exceptions. AB 1242 makes provisions on harmful matter applicable to video recordings. It further requires any person who sells or rents video recordings of harmful matter to create an area for the placement of these recordings in a location labeled "adults only." At the request of the City Council, the Legislative Committee has reviewed the bill and finds that it is in keeping with other City Council legislation regarding the display of harmful matter to minors. The Legislative Committee therefore recommends the City Council accept this report, support AB 1242, and direct the City Manager to notify our state legislators of this position. Respectfully submitted, Patricia DeMond, Chair Kevin McDermott _ m0809892 - FILE COPY Before the Boa 'cl of Supervisors County of Kern, Stat o[ California 89-566 ~the matter of: Reso/utionNo ................................. RESOLUTION SUPPORTING AMENDMENT ~eference No 895888. OF THE U.S. CONSTITUTION TO PROHIBIT DESECRATION OF THE AMERICAN FLAG I, SUE LASITEtL Clerk of the Board of Superv/som of the County of Kern, State of California, cio hereby ceffdfy that the following resolution, proposed by Supetwisor Ashburn , seconded by Supervisor Shell , was duly passed and adopted by said Board of Supervho~ at an official meeting hereof tbls 11 th day of July 19 89 , by the followiml vote, to wit: AYES: Ashburn, Austin, Larwood, Hettinger, Shell SUE LASITER Clerk of the Board o! Supermor~, County of Kern, NOES: None~ ~ i · Sta~ el Cal~ornil ABSENT:None .- WHEREAS, on June 14, 1777, our Founding Fathers tn the Continental Congress, celebrating our freedom and unity as a new nation, adopted the S~ars and Stripes as the Flag of the United States of America, and from that day to this, for more than 200 years, Americans have saluted, honored, and fought wars under the banner of "Old Glory"; WHEREAS, in 1892 the deep veneration Americans feel for their ' Flag was aptly expressed in the "Pledge of Allegiance to the Flag" "by James B. Upham and Francis M. Bellamy, and children in our schools and 'adults throughout the nation, with pride and respect, pledge their "allegiance to the Flag of the United States of America and to the republic for which it stands"; WHEREAS, into the very fabric of our Flag ar~'.woven the principles and values of this nation, our freedoms and the Const'itutton that guarantees those freedoms: all Americans and many peoples Of this planet look to the ·Stars and Stripes as the embodiment of our unique American freedoms and the American dream: Flag burning does not advance these freedoms or that dream; WHEREAS, also woven into the very fabric of our Flag are the lives of men and women who paid the ultimate price; our war memorials list those who fought under the Stars and Stripes and gave their lives to keep this republic free. whether at Anzio. Guadalcanal. Iwo Jtma, Normandy, Korea, or Vietnam; when we salute the Flag, we honor them; when we desecrate the Flag, we dishonor them and their memory: WHEREAS, Americans' love of their Flag and their country is celebrated in the national anthem and national march; in 1931 Congress designated Francis Scott Keyes' "Star Spangled Banner" our national anthem and in 1987 John Philip $ousa's "The Stars and Stripes Forever" the national march; WHEREAS, the Congress in 1942 enacted into law the American Legion's Flag Code and in 1967 the Federal Flag Desecration Statute, and forty-eight states have enacted laws that make it a crime to desecrate our Flag by burning; WHEREAS, on June 21, 1969, the United States Supreme Court by a slim majority of 5 to 4 struck down the Texas law that prohibited Flag burning and legalized in all states the desecration of our most precious national symbol; in his dissenting opinion, Chief Justice Rhenqutst noted that "for more than 200 years,, the American Flag has occupied a unique position as the symbol of our Nation, a uniqueness that Justifies a governmental prohibition against Flag burning" and that "no other American symbol has been as universally honored as the Flag"; Chief Justice Warren dissenting in 1969 in another Flag case stated that he believed "the States and Federal Government do have the power to protect the Flag from acts of desecration and disgrace"; WHEREAS, many Americans in an outpouring of dismay and outrage have Joined with President Bush in calling for an amendment of the United St.ates Constitution to empower the Congress and states to make laws-to Prohibit desecration of the Stars and Stripes; WHEREAS, a proposed constitutional amendment was introduced .in the House of Representatives on June 29. 1989, that provides "the Congress and the States shall have the power to prohibit the physical desecration of the Flag of the United States"~ to become part of our Constitution, two-thirds of both Houses of Congress must approve the amendment, and the Legislatures of three-fourths of the states must ratify tt~ and WHEREAS, the time has come for Americans everywhere who cherish their freedoms, their country, and their Flag to Join their voices 'in support of the amendment of our Constitution as the only way to protect our Flag from dishonor and disrespect after the Supreme Court's decision. Section 2. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Kern, State of California, as follows: 1. That the Board of Supervisors of the County of Kern strongly decries the decision of the United States Supreme Court in Texas v. Johnson that legalizes the burning of the American flag. 2. That the Board of Supervisors of the County of Kern supports and urges enactment of the ~roposed constitutional amendment to prohibit Flag burning and any other physical desecration of our nation's Flag, 3. That the Board of Supervisors calls on all residents of the County of Kern to Join with them in support of the proposed 'amendment of the Constitution of the United States and to make their support known to their elected representatives tn Washington and Sacramento. 4. That a copy of this Resolution be sent by the Clerk of the Board of Supervisors to the following: Senator Pete Wilson Senator Alan Cranston Representative William M. Thomas Representative Charles Pashayan Senator Don Rogers Assemblyman Trice Harvey Assemblyman Phil Wyman /drb Flag 89. MEMORANDUM July 20, 1989 TO: LEGISLATIVE COMMITTEE PATRICIA DeMOND, CHAIR KEVIN McDERMOTT MARK SALVAGGIO FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST~%~.~ SUBJECT: TOPICS FOR MEETING OF AUGUST 7, 1989 The issue of flag burning was referred to the Legislative Committee at the July 13 Council meeting per a July 12 letter from Mr. Dan Crisp. A synopsis of the issue is attached for your review along with the Council referral. Other referrals pending in the Legislative Committee include requests for support of SB 1424 and AB 1242. SB 1424, last amended on June 14, passed the Senate on May 25, 36-0. It passed the Assembly Committee on Local Government on July 18, 9-0. A third reading on the Assembly floor is scheduled for today (July 20). Si'nce the bill was amended after passage by the Senate, it will need to go back to the Senate for approval as amended after it pass'es the Assembly. AB 1242 passed the Assembly on June 26, 73-0. It is now in the Senate Judiciary Committee. At this point in time, it is not scheduled for hearing. Hopefully, responses to the Committee's referrals can be placed on the agenda for the August 30 Council meeting. If you need additional information before the Legislative Committee on August 7, please let me know. Due to the City Manager's conference room being booked at noon on the 7th, the Legislative Committee will be meeting in the City Attorney's conference room. TT:jp Attachments cc: J. Dale Hawley, City Manager A. D. Daniel, Acting City Attorney Flag Burning Issue On June 21, 1989, the U. S. Supreme Court ruled in a sPlit (5-4) decision that burning of the American flag as a form of political protest is protected by the First Amendment of the Constitution. The ruling broadly limits the power of the state and federal governments to restrict offensive dissent. The U. S. Supreme Court's ruling negates any state law against flag burning as a form of political expression. California Military & Veterans Code ss614 prohibits certain acts which would bring contempt upon the national or state flag and basically says that a person who publicly desecrates the flag is guilty of a misdemeanor. This was ruled unconstitutional by the California Appellate Court in 1972 when the Court interpreted this to be a violation of the federal Constitution and therefore not enforceable. As a general rule, if an issue is of statewide concern and the State has legislated to pre-empt the field, local jurisdictions may not legislate on the issue. The City cannot prohibit flag'burning as a form of political expression because of the U.S. Supreme Court's decision in Texas vs. Johnson. This would be considered abridgement of an individual's rights under the First Amendment. A proposed constitutional amendment (Senator Bob Dole - Rep.), backed by President Bush, states: "The Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States." Senate Judiciary Committee chairman Joseph Biden (Democrat - Del.) has inStead proposed a Congressional statute which imposes a fine up to $1,000 or a year in jail on anyone who "knowingly mutilates, defaces, burns, maintains on the floor or ground, or tramples upon any flag of the United States.' It has been suggested that this statute would survive a U.S. Supreme Court review. Arguments against the proposed Constitutional amendment include whether it preempts rights guaranteed in the First Amendment and other sections of the Constitution. The proposed Congressional statute has also been criticized because it does not'distinguish between necessary and ceremonial flag burning (i.e., Boy Scouts honorably burning old flags) and acts desecrating the flag. Mr-. Crisp's letter of July 12, 1989 encouraged the Council to introduce and pass by resolution the necessary legislation preventing flag burning as a right of free speech. A city can pass a resolution condemning flag burning but an ordinance conflicting with the Supreme Court's ruling cannot be legally enforced. m0720892 C'~-~V REFER ' : , COUNCI' MEETING OF' 07/12/89 REFERRED TO:, LEGISLATIVE COMMITTEE T ,THCRNTON ITEM: RECORD~ 3738 ~ Dan Crisp, 4400 La Farge, spoke regardin9 flag burning. ACTION TAKEN BY COUNCIL- MOTION TO REFER TO LEGISLATIVE COMMITTEE. APPROVED. BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: 07/13/89 STATUS: PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER COUNCIL REFERRAL TRACKTNG SYSTEM AS PROGRESS IS HADE. ~.'- ,. ,~,:;':--.. . July 12, 1989 Mayor of Bakersfield Clarence Medders 1501Truxtun Avenue Bakersfield, California 93301 Honorable Mayor, Vice Mayor, and Councilmembers; Nearly twenty years ago today, as I,ve read from my diary, our crew had just taken off from Ton Son Nhut, Air Base, South Vier Nam. Our cargo was headed to Khe Shan just south of the DMZ where heavy fighting was taking place between our forces and the Vier Cong. Our mission this day was to provide the necessary supplies such as ammunition, fuel, food and mail that would be distributed upon our arrival. As we unloaded our cargo from the aircraft I had looked up to see if we would have a return cargo. We did, for as the army green medical vehicles approached our ramp the rear doors swung open. Lying there on the floor of the vehicles were the bodies of our country's fallen servicemen. The trip back to Ton Son Nhut was always quiet. All I could think about were the mothers and fathers, brothers and sisters that would be bearing soon about their loss. I could envision the flag of our country draped over the casket then being folded by the military honor guard and banded to the mother of the fallen son or daughter. Tonight my son carries one of those flags. The recent Supreme Court decision allowing a person to burn the only symbol of freedom in the free world, as an expression of his or her rights, is in error. Sending this message to our childrenis wrong. The American Flag represents to me those who have served and died for their country,.whether its policies may have been right.or wrong. Therefore I encourage you to introduce and pass by resolution the necessary legislation preventing flag-burning as a right of free speech. Thank you, Dan Crisp Father/ Vietnam Veteran MEMORANDUM June 14, 1989 TO: LEGISLATIVE COMMITTEE PATRICIA DEMOND MARK SALVAGGIO KEVIN MCDERMOTT FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST~ SUBJECT: LEGISLATIVE COMMITTEE REFERRALS The Legislative Committee has three referrals pending: 1) Request for support for SB 1424 (Mello) from Russell M. Jeffries, Mayor, City of Salinas (referred May 31, 1989). 2) Councilmember Salvaggio referral: support for AB 1242 (referred April 26, 1989). 3) Communication from Marvin Dean re Ward 1 requesting early special election (referred May 17, 1989). SB 1424, which was last amended on March'10, is now in the Assembly Local Government Committee with a hearing set for July 12. The bill enables the reimplementation of parking and business improvement districts in Salinas. Bakersfield's Downtown Improvement District (funding which comes strictly from business licenses) is not affected by this'bill._ The League supports SB 1424. AB 1242, which was last.amended on May 31, has been re-referred to the Assembly Ways and Means Committee after passing the Public Safety Committee 5 to 1. This bill has gone through several amendments in its journey through the Legislature and its committees (including the Ways and Means, Public Safety and Judiciary). 'The League has no position on this bill. Mr. Dean's letter was reviewed in the Legislative Committee meeting of May 10 when the Committee was discussing issues concerning the special election. The Committee may wish to take no further action. Did you wish to meet ~on any of these issues before the Legislature dismisses for the summer to reconvene in August? I have attached copies of the Council referrals and backups for your information. Attachments CITY COUNCIL REFERRAL MEETING OF: REGULAR MEETING OF MAY 31, 1989 REFERRED TO: LEGISLATIVE COMMITTEE - TRUDY THORNTON ITEM: CONSENT CALENDAR 9.b.2. Communication from Mr. Russell M. Jeffries, Mayor, City 'of Salinas, 200 Lincoln Avenue, dated May 18, 1989, requesting support for SB /~i/.'),:/ 1425.-{Mello) regarding Parking and Business ! Improvement Program. RECEIVED AND REFERRED TO LEGISLATIVE COMMITTEE. ACTION TAKEN BY COUNCIL: APPROVED BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: June 5, 1989 PLEASE COMPLETE THE STATUS PORTION AND RETURN THIS FORM TO TRUDY THORNTON IN THE CITY MANAGER'S OFFICE WITHIN 30 DAYS OR AS PROGRESS IS MADE. STATUS: 4:may31.r2 ,~, OFFICE OF TH? M'YOR · 200 Lincoln Avenue · Salinas, California 93901 · ¢4051 758.7201 May 18, 1989 <ity of Bakersfield 1501 Bakersfield, CA 93301 SUBJECT: SB 1424 (MELLO) PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 Honorable Mayor and City Council Members: For many years two merchant associations in Salinas have relied on revenues derived from business improvement districts for day to day operation. In 1987, following challenge by a local prop- erty owner, the City's downtown parking and business improvement disnrict was held invalid by the Monterey County Superior Court. Since 1987, the City has discontinued assessments and our two merchants associations have been without assessment funds. Last year Senator Henry Me!lo introduced legislation which would have enabled the reimplementation of parking and business im- provement districts in Salinas. The legislation was vetoed by the Governor. This year Senator Mello has introduced SB 1424 in a further effort to enable formation of parking and business improvement districts in Salinas' This legislation is supported by the California Downtown Association. Your city has a business or merchant association and the proba- bility is that you utilize the. parking and business improvement district assessment mechanism. If so, you understand the vital importance of this tool in providing a means to strengthen older commercial retail areas. tton~rable Mayor arid Cit' Council Members I,lay 18, 1989 · ?age 2 We would very much appreciate your support of SB 1424 and request that you authorize your Mayor to write your local legislators and the Governor expressing support for passage of this bill. On behalf of the Salinas City Council I want to thank you very much for your assistance. Sincerely, T,~'x3~m---'l,~ M. JEFFR~ES Mayor RMJ: PO: mr Enclosure cc: City Council Members League of California Cities Senator Mello Assemblyman Areias Assemblyman Seastrand Assemblyman Farr Steve Ish, Oldtown Salinas John Sokolich, Southtown Salinas Association Introduced by Senator Mello z March 10, 1989 An act to repeal and add Part/3 (commencing with Section 3/3500) of Division. 18 of the Streets and Highways Code, relating' to highways. I. SC~SL,mVV. COONSt~L'S mcvxr SB 14241 as introduced, Mello. Highways: parking and. .. improvements. " Under the Parking and Business Improvement Area Law of 1979; a parking and business improvement area may be established to impose assessments or charges on the basis of ...... estimated benefit to businesses ;vithin the area. This bill would repeal that law and enact the Parking and Business Improvement Area Law of 1989, and prescribe the "" procedures, powers, and duties of parking and business improvement areas. Vote: majority. Appropriation: no. Fiscal committee: no. .. State-mandated local program: no.. The people of the State o£ California do enact as £ollows: 1 SECTION 1. Part 6 (commencing with Section 2 3/3500) of Division 18 o£ the Streets and Highways Code 3 is repealed. 4 SEC. 2...Part 6 (commencing with Section 36500) is 5 added to Division 18 of the Streets and Highways Code, 6 to read: 7 8 PART 6. PARKING AND BUSINESS 9 IMPROVEMENT AREA LAW OF 1989 11 CHAPTER 1. GENERAL PROVISIONS Si½ 1421 ~2~ 3 SB 1.12 1~ Article 1.. Declarations 1 36503. Any provision of this part which conflicts xvi~'l 2 9. any other provision of ]a~v'shall prevail over the'othe 3 36500. This part shall be known and may be cited as 3 provision of law. 4 -~he "Parking and fk~siliess hnprove~fient ~rea Laxv of 4 36504. This part is intended to be construed liberall'-' 5 1989." 5 and, if any provision is held invalid, the remaininl 6 3650-1. (a) The Legislature finds and declares that .... 6 provisions shall remain in full force and eff'ect."if-th~ 7 businesses located and operating xvithin the business 7 provisions of this-part respecting the levying 8 districts of this state's smaller communities are 8 assessments are held invalid in any area within whie} 9 eeonoinieally disadvantaged, are underutilized, and are 9 assessments have been levied pursuant to Chapter 10 unable to attract customers due to inadequate facilities, 10 (commencing with Section 36530), the assessments shal 11 services, and activities in the doxvntown areas. 11 be reimposed in an identical amount and upon the sam~ 12 ..(b) The Legislature also finds and declares that it is in 19. businesses as a matter of law and no lapse in the levl 13 the public interest to promote the economic 13 any assessment shall be deemed to have occurred 14 revitalization and physical maintenance of the business 14 Assessments levied under this part are not special taxes '15 districts of. its cities in order to create jobs, attract new 15 16 businesses, and prevent erosion of the business district. 16 Article 2. Definitions 17 (e) The Legislature also finds that it is of particular 17 18 local benefit to allow cities to fund property related 18 36505. "Advisory Board"means the advisory board or 19 improvements and activities through the levy of 19 commission appointed by.the city council pursuant 20 assessments upon the businesses which benefit .from ::"'"'" · ~ "7" 9.0 Section 36530. ' · 21 these improvements and activities. " 9.1 36806. "Assessment" means a levy for the purpose of 22 (d) The Legislature also finds and declares that : 22 acquiring, constructing, installing, or maintaining 2.3 assessments levied for the' purpose of providing 9.3 improvements and .promoting activities which xvil! ,'-' ,'". 24 benefit, the businesses located and operating within a 24 i~nprovements and promoting activities which benefit ~: .::. · 25 individual businesses may also benefit the property :-.' 9.5 parking and business improvement area. 26 within the area directly or indirectly and that those 9.6 3~07. "Business" means all types of businesses and 27 assessments are not taxes for the general benefit of a city, 9.7 includes financial institutions and professions. 28 but are assessments for the improvements and activities 9.8 36508. "City" means a city, county, or city and county. 29 which confer special benefits upon the businesses for 9.9 36509. "City council" means the city council of a city 30 which the improvements and activities are provided. 30 or the board of supervisors of a county. 31 36502. The purpose of this part is to reeodify and al 36s10. "Improvement" means the acquisition, 3~ supplant previously enacted provisions of law which 32 construction, installation, or maintenance of any tangible 33 authorize cities to levy assessments on businesses xvithin ,-~ ~"., 33 property with an estimated useful life of five years or 34 a parking and business improvement area and to provide 34 .more inelnding, but not limited to, the following: 35 a uniform procedure to levy assessments for 35 (a) Parking facilities. _ 36 improvements and activities of businesses located and 36 (b) Benches. 37 operating in the busineis district of a city. This part does 37 (e) Trash receptacles. ,38 not affect or limit any other provisions of law authorizing _ 38 (d) Street lighting. :39 or providing for the furnishing of' improvements or ,._, .,-, 39 (e) Decorations. .t0 activities or the raising of revenue for these purposes.- 40 (f) Parks. " 5 SB 1-124 ,il?, 1424 -- 4-- . -. I (g) lrountains. ~,,i · '~ 1 be included in the area and the boundaries of each 2 separate benefit zone to be established within-the area. 2 36511. ~ "Parking and business improvement area," or 3 The boundaries of the area may be described by 3 "area," means an area designated as provided in this part. 4 reference to a map on file in the office of the clerk, 4 36512. "Property" means real property situated 5 showing the proposed area. 5 within an area. 6 (b) State the name of the proposed area. .. 6 36513. "Activities" means, but is not limited to, all of .'":= '~'",~7 (e) State the type or types of improvements and 7 the following: "'' 8 aetMties proposed to be funded by the levy of 8 (a) Promotion of public events which benefit 9 assessments on businesses in the area. The resolution of 9 businesses in the area and xvhieh take place on or in 10 intention shall specify any improvements to be acquired. Il') public places within the area. 11 (dj State that, except where funds are otherwise 11 (b) Furnishing of music in any public place in the area. 12 available, an assessment will be levied annually to pay for '12 (e) Activities which benefit businesses located and 13 all improvements and activities within the area. 13 operating in the area. 14 (e) State the proposed method and basis of levying the 14 15 assessment in sufficient detail to allow each business 15 Article 3. Prior Law 16 oxvner to estimate the amount of the assessment to be 16 17 levied against his or her business. 17 36818. Every improvement area established prior to 18 (f) State whether new businesseswill be exempt from 18 January 1, 1990, pursuant to the Parking and Business 19 the levy of the assessment, pursuant to Section 36831. 19 Improvement Area Law of 1979 (former Part 6 .~.] 20 (g) Fix a time and place for a public hearing on the 20 .(eommen6ing with Section 36500)' of this division) is ?) '.,Z-21 establishment of the parkihg and business improvement 21 hereby declared valid and effective and is unaffected by 22 area and the levy of assessments, which shall be held not 22 the repeal of that law, but is subject to Chapters 3 " 23 less than20 or more than 30 days after the adoption of the 23 (commencing with Section 36530), 4 (commencing with 24 resolution of intention. -24 Section 3~40) and 5 (commencing with SeCtion 36550) .~, ~} 25 (h) State that at the hearing the testimony of all 25 of th,, part rather than any provision of prior law. 26 interested persons for or against the establishment of the 26 27 area, the extent of the area, or the furnishing of specified 2-/ CHAPTER 2. ESTABLISttMENT 28 types of improvements or activities will be heard. The 28 29 notice shall also describe, in summary, the effect of 29 36520. A parking and business improvement area may 30 protests made by business owners against the ~0 be established as provided in this chapter. 31 establishment of the area, the extent of the area, and the 31 3652l. The city council may establish an area on its 32 furnishing of a specified type of improvement or activity, '~,2o~vn initiative. ' 33 as provided in Section 36524. 33 36522. Proceedings to establish a parking and business ~ t improvement area shall be instituted by the adoption by ~ 34 36523. Notice of a public hearing, held under Section . ' ..... 35 36524, 36541, 36542, or 36550, shall be given by both of the 35 the city council ora resolution of intention to establish the 36 follo;ving: "~6 area. The resolution of intention shall do all of the , 37 (a) Publishing the resolution of intention in a ~7 following: ~ 38 newspaper of general circulation in the city once, at least- :iS (a) State that a parking and business improvement ~ 39 'seven days before the public hearing. 19 area is proposed to be established pursuant to this chapter * ,~ 40 (b) Mailing' of a 'complete copy of the resolUtion Of t0 and describe the boundaries of the.territory proposed to 1-12.1 6 " 7 .SB ~142-1 intention by first-class mail to each business o~vner in the ~.t ... ~ 1 activity within the area, those types of improvements or area at least seven days before the public hearing. 2 activities shall be eliminated. 36524. (a) At the publie hearing, the city eouneil shall 3 36526. (a) At the conclusion of the public hearing to- hear and consider all protests against the establishment of 4 establish the area, the city council may adopt, revise, the area, the extent of the area, or the furnishing of 5 change, reduce, or modify the proposed assesslne~t, or specified types of improvements or activities within the .'.~ ,'.~. 6 the type or types of improvements and activities to be area. A protest may be made orally or in writing by any '~? ,....,? 7 funded with the revenues from the assessments. interested person. Any protest pertaining to the 8 (b) At the public hearing, the city council may only regularity or sufficiency of the proceedings shall be in 9 make changes in, to, or from, the boundaries of the writing and shall clearly set forth the irregularity or 10 proposed parking and business improvement area that defect to which the objection is made. 11 will exclude territory which will not benefit from the (b) Every written protest shall be filed by its author 12 proposed improvements or activities. with .the clerk at or before the time fixed for the public 13 (e) The city council shall not change the boundaries of hearing. The city council may waive any irregularity in 14 the area to include any territory that xvill not, in its the form or content of any written protest and at the 15 judgment, benefit by the improvement or activity. Any public hearing may correct minor defects in the 16 addition of territory to the proposed boundaries of the proceedings. A written protest may be withdrawn in 17 area may be made only upon notice to the owners of the writing at any time before the conclusion of the public 18 businesses proposed to be added to the area, as provided hearing. 19 in Section 36523, and upon a pnblic hearing on the (c) Each written protest shall eon'rain a description of ~ 20 addition of territory, as provided in Section 36524. the business in which the person subscribing the protest t~.~ O 21 36527. If the city council, following the public is interested sufficient to identify· the business and, if a 22 hearing, decides to establish the proposed.parking and person subscribing is not sho~vn on the official records of 23 business improvement area, it shall adopt an ordinance to the city as the owner of the business, the protest shall 24 that effect. The ordinance shall Contain'all of the contain or be accompanied by written evidence that the ~ O 25 following: person subscribing is the oxvner of the business. A written 26 (a) The number, date of adoption, and title of the protest which does not comply with this section shall not 27 resolution of intention. be counted in determining a majority protest. , 28 (b) The time and place where the pUblic hearing was 36525. (a) If written protests are received by the 29 held concerning the establishment of the area. owners of businesses in the proposed area which will pay 30 (c) A determination regarding any protests received 50 percent or more of the assessments proposed to be 31 at the public hearingl levied and protests are not withdrawn so as to reduce the' 32 (d) The description of the boundaries of the.area and protests to less than that 50 percent, no further 33 of eachseparatebenefitzoneestablishedwithiuthearea. proceedings to create the specified parking and business ~' O 34 (e) A statement that a parking and business improvement area or to levy the proposed assessment, as 35 improvement area has been established and the name of contained in the resolution of intention, shall be taken for 36 the area. a period of one year from the date of the finding of a 37 (f) A statement that the businesses in the area majority protest by the city council. 38 established by the ordinance shall be subject to any (b) If the ·majority protest is only ·against the 39 amendments to this part. furnishing of a specified type or types of improvement or .~ 9 40 (g) The description of the method and basis of levying ;11 1-12-1 --8-- -" 9 SB 142-'1 I the assessments, with a breakdown by classification of ; ' 1 recently-.established in the area from the levy of the 2 businesses if a classification is used. 2 assessments, tbr a period not to exceed one year from they ~3 (h). A statement that the improvements and activities 3 date the business commenced operating in the area. The 4 {o be provided in the area will be funded 'by the levy of 4 city council shall state its determination to so exempt new ..5 the assessments. The revenue from the levy of 5 businesses in the resolution of intention to establish the .6 assessments within an area shall not be used to provide 6 area and st-mil reaffi,'m its determination annually in.the 7 improvements or activities outside the area. . 5. ' 7 resolution of intention required to be adopted pursuant 8 (i) A finding that the businesses and the property ' .... 8 to Section 36534. 9 within the business and improvement area will be 9 36532. The collection of the assessments levied 10 benefited by the improvements and activities funded by ' 10 'pursuant to this part shall be made at the time and in the I l the assessments proposed to be levied. " 11 manner set forth by the city council in the ordinance 12 (j) The time and manner of collecting the assessments. , 12 establishing the area. 13 36528. The city council may establish one or more : 13 36533. (a) The advisory board shall cause to 1-t separate benefit zones within the area based upon the i 14 prepared a report for each fiscal year for which 15 degree of benefit derived from the imProvements or ~ 15 assessments are to belevied and collected to pay the costs i,; activities to be provided within the benefit zone and may i 16 of the improvements and activities described in the ' 17 impose a different assessment within each benefit zone. ~ 17 report. The report may propose changes, including, but 18 36529. All provisions of 'this part applicable to the ' 18 not limited to, the boundaries of.the parking and business 19 establishment, modification, or disestablishment of a 19 improvement area orany benefit zones within the area, 20 parking and business improvement area apply to the ,,: 20 the basis'and method of levying the assessments, and any 9.1 establishment, modification, or 'disestablishment of .'~.;. ',<..~ 21 'changes in the classification of businesses, if a '!2 benefit zones. The city council shall, to establish, modify, 22 classification is used. 23 or disestablish a benefit zone, follow the procedure to 23 (b) The report shall be filed ~vith the'clerk and shall 24 establish, modify, or disestablish a parking and business ~ 24 refer to the parking and business improvement area by 25 improvement area. k.l O 25 name, specify the fiscal year to which the report applies, 26 26 and, with respect to that fiscal year, shall contain all of the 27 CHAPTER 3. ASSESSMENTS 27 following: 2.'~ 28 (1) Any proposed changes in the boundaries of tt-~ · 2936530. The city council' shall appoint an advisory 29 parking and business improvement area or in any benefit ~l) board which shall make a recommendation to the city 30 zones within the area. tl council on the expenditure of revenues derived frown the .. 31 (2) The improvements and activities to be provided 12 levy of assessments pursuant to this part, on the 32 for that fiscal year. 13 classification of businesses, as applical,le, and on the 33 (3) An estimate of the cost of providing the 14 method and basis of levying the assessments. The city :i? '."~'1 34 improvements and the activities for that fiscal year. ~$ council may designate existing advisory boards or 35 (4) The method and basis of levying the assessment in ~6 commissions to serve as the advisory board for the area 36' sufficient detail to allow each business owner to estimate ~7 or may create a new advisory board for that purpose. The 37 the amount of the assessment to be levied against his or t8 city.council may limit membership of the advisory board 38 her business for that fiscal year. ~9 to persons paying the assessments under this part.' 39 (5) The amount of any surplus or deficit revenues to t0 36531. The city council may exempt a busineSs '3 "'"'"1 40 be carried over from a previous fiscal year. 1' (6) The amount ,of any contributions to be made from 0'" 0 1 protests may be made. The form and manner of protests t 2 sdurces other than assessments levied pursuant to this 2 shall comply with Sections 36524 and 36525. 3 part. 3 (b) The clerk shall give notice of the public hearing by' 4 . (el The city council may approve the report as filed by 4 causing the resolution of intention to be published once 5 'the advisory board or may modify any particular 5 in a nexvspaper of general circulation in the city not less 6 contained in the report and approve it as modified. The 6 than seven days before the public hearing. _ " 7 city council shall not approve a change in the basis and 0'~ Q 7 36535. (al The city council shall hold the public 8 method of levying assessments that would impair an 8 hearing at the time and itt the place specified in the 9 authorized or executed contract to be paid from the 9 resolution of intention. The public hearing shall be Ii) revenues derived from the levy of assessments. 10 conducted as provided in Sections 365'24 and 3652.5. The ll 36534. (al After the approval of the report, the city' 11 city council may continue the public hearing from time 12 council shall adopt a resolution of intention to levy an 12 to time, but the public hearing shall be completed with' 13 annual assessment for that fiscal year. The resolution of 13 30 days. 14 intention shall do all of the following: 14 (b) During the course or upon the conclusion of the 15 (1) Declare the intention of the city council to change 15 public hearing, the eib council may order changes in any 16 'the boundaries of the parking and business improvement .16 of the matters provided in the report, including changes 17 area, or in any benefit zone within the area, if the report 17 in the proposed assessments, the proposed improvements 18 filed pursuant to Section 36533 proposes a change. 18 and activities to be funded with the revenues derived 19 (2) Declare the intention of the city council to levy 19 from the levy of the assessments, and the proposed 20 boundaries of the area and any benefit zones Within the. 20 and collect assessments within t~he parking and business ' ~, ~ 21 area. The city council shall not change the boundaries to '91 improvement area for the fiscal year-stated in the · 22 resolution. 22 include any territory that will not, in its judgment, 23 (3) Generally describe the proposed improvements 23 benefit by the improvement or activity. 24 and aetMties authorized by the ordinance enacted 24 (el At the conclusion of the public hearing, the city 25 pursuant to Section 36527 and any substantial changes 0' O 25 council may adopt a resolution confirming the report as 26 proposed to be made to the improvements and activitics. 26 originally filed or as changed by it. The adoption of the 27 (4) Refer to the parking and business improvement 27 resolution'shall constitute the levy of an assessment g 28 area by name and indicate the location of the area. 28 the fiscal year referred to in the report. 29 '(5) Refer to the report on file with the clerk for a full 29 36536. 'The assessments levied on businesses pursuant 30 and detailed description of the improvements and 30 to this part shall be levied on the basis of the estimated 31 activities to be provided for that fiscal year, the 31 benefit tothebusinessesandpropertywithintheparking 32 boundaries of the area and any benefit zones within the 32 and business improvement area. The city council may 3:3 area, and the proposed assessments to be levied upon the 33 classify businesses for purposes of determining the 34 businesses within the area for that fiscal year. '0 O 34 benefit to a business of the improvements and activities 35 (6) Fix a time and place for a public hearing to'be held 35 provided pursuant to this part. 36 by the city council on the levy of the proposed assessment 36 36537. The validity of an assessment levied under this 37 for ~hat fiscal year. The public hearing shall be held not : 37 part shall not be contested in any action or proceeding 38 less than 10 days after the adoption of the resolution of ~' 38 unless the action or proceeding is commenced within 30 39 intention. 39 days after the resolution levying the assessment is 40 (7)' State that at the public hearing ~vritten'and oral .~ C~ 40 adopted pursuant to Section 36535. Any appeal from a ,11 1424 -- 12-- -- 13- S,,I{ 14S 1 final judgment in an action or proceeding shall be ',,,.~ 2 perfected within 3(} days after tile entry of judgment. 1 in Sections 365'04 and 365'05. C. IL~,PTEIi 4. ~IODIFICATION OF BOUNDARIES, 3 'C~ttAPTER 5. DISESTABLISHMENT ,5 A:SSESSMENTS, [MPFtOVEMENTS, OR ACTIVITIES 4 6 5 365.50. (a) Tile' city council ma>, dises~'ablish an are 7 36540. In addition to the changes authorized to be '""'~'~ 6 by adopting an ordinance after holding a public heari~': 8 made in the annual report filed with the city council '""~ (~) 7 on the disestablishment, as provided in this section. 9 pursuant to Section 36533 or at the conclusion of the 8 (b) The city council shall adopt a resolution Ii) public hearing on the annuallevyoftheassessments, the 9 intention to disestablish the area prior to the publi i I advisory board may, at any time, recommend that the 10 hearing required by this section. The resolution sba ' 11 state the reason for the disestablishment, shall state" 12. city council modify the boundaries of the area, any 13 benefit zones ~vithin the. area, the basis' and method of 12 time and place of the public hearing, and shall eonta,._ 13 proposal to dispose of any assets acquired ~vith 'th 14 levying the assessments, and any improvements or 15 aetivlties to be funded ~vith the revennes.derived from 14 revenues of the assessments levied ~vithin the parkin Iff the levy of.tt~e assessments. Any modification shall be 15 and business improvement area. The public hearing sha 17 made pursuant to this chapter. 16 be held hot less than 20 or more than 30 days after th, 18 36541. · (a) The city council shall modify the basis and 17 adoption of the resolution of intention. Notice of th, 19 method of levying the assessment or the boundaries of 18 public hearing shall be published as provided in Seetio 20 the area by adopting an.ordinance'after holding a public .,,~ . 19 36523. 21 hearing on the proposed~modifieation. ' ~:.t~ O 20 36551. (a) Upon-the disestablishment of an area, an "':2 (b) The city council shall adopt a resolution of £1 remaining revenues derived from the levy Z:I intention which states the proposed modification prior to 22 assessments, or any revenues derived frOm the sale :!4 the public hearing required by this section. The public 23 assets acquired with the revenues, shall be' refunded 25 hearing shall be held not less than 20 or more than 30 days O O 24 the o~vners of the businesses then located and operatin 26 after the adoption of the resolution of intention. Notice of 25 within the area in which assessments were levied · _~? the public ,hearing shall be published and shall be mailed 26 applying the same method and basis that was used 2,'tto each owner of a business affected by the proposed 27 calculate the assessments levied in the fiscal yea, 28 which the area is disestablished. '>9 modification, as provided in Section 36523. The public il) hearing shall be conducted as provided in Sections 36524 29 (b) If the disestablishment occurs before i t and 36525. 30 assessment is levied fro: the fiscal year, the method an /2 36542. (a) The city council may modify the 31 basis that was used to calculate the assessments levied ~3 improvements and activities to be funded with the 32 the immediate prior fiscal year shall be used to ealeulat ~4 revenue derived from the levy of the assessments by O~ O 33 the amount of any refund. Notice of the disestablishmen ~5 adopting a resolution determining to make the ' 34 of an area shall be published once in a newspaper ~6 modifications after holding a public hearing on the 35 general eireulationin the city, not later than 15.days afte ~7 proposed modifications. Notice of the public hearing and 36 the ordinance disestablishing the area is adopted. ~8 the proposed modifications shall be published as }9 provided in Section 365~3. Ill (b) The public hearing shall be conducted as provided ~..~ {~) O CITY COUNCIL REFERRAL MEETING OF: REGULAR MEETING OF MAY 17, 1989 REFERRED TO: LEGISLATIVE COMMITTEE - TRUDY THORNTON ITEM: CONSENT CALENDAR 9.b.5 Communication from Marvin Dean, First Ward resident received May 9, 1989, withdrawing his name for con- sideration as an interim appointment to Ward 1 and requesting council schedule a special election at the earliest possible date. RECEIVED AND REFERRED TO LEGISLATIVE COMMITTEE. ACTION TAKEN BY COUNCIL: APPROVED BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: May 19, 1989 PLEASE COMPLETE THE STATUS PORTION AND RETURN THIS FORM TO TRUDY THORNTON IN THE CITY MANAGER'S OFFICE WITHIN 30 DAYS OR AS PROGRESS IS MADE. STATUS: 4:maylT.rl4 PRESS RELEASE Statement of Purpose To: City Council First Ward Residents General Public CIT'( C From: Ma~win Dean, First Wzd Resident On Sunday April 30, 1989 ~hB First Ward h~ld a Mi~i-ConfBrB~cB at which time my name was plat'ed .in nomination as an inte~m appointment for the vacant Fffst Ward City Council seat. My ties to thB First Ward go back to the 1930's when my forefathers . p~tch~d their tB~t at what is now k~ow~ as LakBviBw a~d Virginia Avenues. I am acutely aware of th~ problems .and needs of many of th~ people in this community. I am alSO deeply committed to c~ti~Bn i~volvBmB~t i~ the political process. I find it commB~dabIB that over 1000 residents of thB First Ward , given the problems of c~me , drugs and unemployment would sBBk a change through the political process by requesting a speci~ election. This is the only remedy allowed for in the City Ch~tBr~ for the citizens of the W~d should a vacancy occur. ~ believe that choosing one's representative through th~ electoral process allows the citizens and ~ot "spBcial ~tBrBStS" tO address the concerns of th~ W~d on the City Council. For this reason, to allow the fullest B~BrCiSB of the right to vote and participate in the SB1BCt~O~ of o~r City Co~cil rBpresBntative withdraw my name for consideration as an interim appointment .to the Ciw Council. Instead, I ask that the City Council consider ta~ng the stub stand as when ex-Councilman Vernon Strong resigned from office in 1983, creating' a vacancy in thB'Fffst W~d Council seat.. The decision was made by the City Cou~cilto leave the seat early election, ruling not to t~e sides in First Ward politics. This a~angem~nt worked well until an election was held. My concern is that the people of the Ward have spoken to show that they want to be involved in the process. With the many problBms facing the Ward, we 'need citizen participation, working with our Bl¢cted representatives to m~et the many challenges facing our Ward and thc City as a whole. ~ therefore request that the City Co~nc~l consider' 1. Leaving the First Ward Council seat open until an election can be held to avoid splitting the community apart. 2. Schedule the special eleciton at the earliest date possible and don't underestimate the concerns of the residents to be responsible citizens. At the April 30,1989 meeting I made a proposal, which was accepted by the majority of those attending the meeting, that a First Ward Council be formed. The purpose of the Council would be to: _ Develop a list of priority issues concerning the First Ward for the newly elected Councilperson _ Monitor all City Council meetings (rotate attendance) Recommend Council action on issues concerning the First Ward through the City Manager, Vice-Mayor, or designated representative. The structure would be as follows: Open to all First Ward registered voters, residents and friends An Executive Council would be responsible for implementing recommendations Membership would also include interested organizations Legal status would be that of a political action committee. I would also like to make public a list of issues to be addressed by candidates seeking the office: - Can the candidate be an effective voice at City Hall for all the people of the First Ward - Support a comprehensive economic development program to create jobs in Southeast Bakersfield - Promote public-private partnerships to address the need for job training _ Support Citizen Task Force for addressing citizen concerns with the Police Department on crime and drugs _ Commit to monthly community meetings in the First Ward or open a district office. Our goal is to develop a voting bloc of citizens in the First Ward to support and assist our elected representatives address the concerns of the Ward.Persons interested in the First Ward Council may contact me at 328-6848 or by mail at P.O. 'Box 2506, BKFD, CA 93302. CITY CX)UNCiL REFERRAL MEETING OF: REGULAR MEETING OF APRIL 26, 1989 Rt~FEI(I~,ED TO: LEGISLATIVE COMMITTEE - TRUDY TIIORNTON ITEM: COUNCIL STATEMENTS 13. Council support for Assembly Bill 1242. COUNCILMEMBER SALVAGGIO MADE A MOTION I'O REFER AB 1242 TO TItE LEGISLATIVE COMMITTEE. CITY ATTORNEY TO THOROUGIILY REVIEW PRIOR TO COMMITTEE MEETING, ACTION TAKEN BY COUNCIL: APPROVED BACKUP MATERIAL ATTACItED: NONE DATE FORWARDED BY CITY CL~RK: MAY 2, 1989 PLEASE COMPLETE TIlE STATUS PORTION AND RETURN THIS FORM TO TRUDY TIIORNTON IN THE CITY MANAGER'S OFFICE WITHIN 30 DAYS OR AS PROGRESS IS MADE. STATUS: 4 REFEI~,tiA L 10 ~.~iLL NUMBER: AB 1242 BILL TEXT AMENDED IN ASSEMBLY MAY 31, 1989 AMENDED IN ASSEMBLY MAY 17, 1989 AMENDED IN ASSEMBLY APRIL 20, 1989 AMENDED IN ASSEMBLY APRIL 5, 1989 INTRODUCED BY Assembly Member Lempert MARCH 3, 1989 An act to amend Sections 313, 313.1, and 313.4 of the Penal Code, relating to minors. LEGISLATIVE COUNSEL'S DIGEST AB 1242, as amended, Lempert. Minors: harmful matter: videos. (1) Existing law makes it a misdemeanor, or a felony for certain repeat offenders, to provide or exhibit defined harmful matter of a sexual nature to any minor, as specified, and with certain exceptions. This bill uould specifically include sales and rentals of harmful matter within these and related prohibitions and would make the provisions on harmful matter applicable to video recordings. The bill would also require any person who sells or rents video recordings of harmful matter to create an area for the placement of video recordings of harmful matter in a location labeled 'adults only' and would make a violation of this requirement an infraction, punishable by a fine not to exceed $100. The failure to place a video recording, regardless of its content, into t--~l~is area is not an infraction." By revising the definitlons of crim~-~ ~h~ 'bi--~-T~-~uld impose a state-mandated local program. The bill would also make related changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for malting that reimbursement. This bill ~/ould provide that no reimbursement is required by this act for a specified reason. (3) The bill would also make a statement declarative of legislative intent. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. ILL NUMBER: AB 1242 BILL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and'declares that: (a) Parents should carefully monitor the video recordings that their children rent or purchase. (b) Video retailers should voluntarily adopt systems that assist parents in controlling the types of video recordings their children rent or purchase. (c) These systems should maintain parental control by the use of, but not limited to, the following: (1) Family membership cards that list what restrictions a parent wishes to place on their children's rental or purchase privileges. (2) A computer data base maintained by the retailer to provide this information at the time of rental or purchase. (3) The placement of video recordings .assigned an 'X' rating or which are otherwise 'adult' videos in a location designated 'adults only.' (4) The requirement that identification be shown where the retailer knows or has reason to know that any person seeking to rent or purchase (A) an 'R' rated video is less than 17 years of age or (B) any person seeking to rent or p~rchase an 'X' rated video is less than 18 years of age. Nothing in this section indicates a legislative intent to abrooate the requirements set forth in Section 313.2 of the Penal Code. SEC. 2. Section 313 of the Penal Code is amended to read: 313. As used in this chapter: (a) 'Harmful matter' means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a. whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (1) When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.. (2) In prosecutions under this chapter, where circumstances of production, presentation~ sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value for minors. (b) 'Matter' means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion ~B~LL NUMBER: AB 1242 BILl. TEXT picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. 'Matter' also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a. commercial transaction. (c) 'Person' means any individual, partnership, firm, association, corporation, or other legal entity. (d) 'Distribute' means to transfer possession of, whether with or without consideration. (e) 'Knowingly' means being aware of th.e character of the matter. (f) 'Exhibit' means to show. (g) 'Minor' means any natural person under 18 years of age. SEC. 3. Section 313.1 of the Penal Code is amended to read: 313.1. (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly sells, rents, distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter to the minor shall be punished as specified in Section 313.4. It does not constitute a violation of this section for a telephone corporation, as defined by Section 234 of the Public Utilities Code, to carry or transmit messages described in this chapter or perform related activities in providing telephone services. (b) Every person who misrepresents himself to be the parent or guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful matter shall be punished as specified in Section 313.4. (c) Any person who knowingly displays, sells, or offers to sell in any coin- or slug-operated vending machine or mechanically or electronically controlled vending machine which is located in a public place, other than a public place from which minors are excluded, any harmful matter displaying to the public view photographs or pictorial representations of the commission of any of the following acts shall be punished.as specified in Section 313.4: sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or a photograph of an exposed penis in an erect and turgid state. (d) Nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county which restricts the display of m~terial which is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lo~er two-thirds of the material is not exposed to view. (e) Any person who sells or rents video recordings of harmful matter shall create an area within his or her business establishment for the placement of video recordings of harmful matter. This area shall be labeled 'adults only.' The failure to create and label the area is an infraction, and is punishable by a fine not to exceed one hundred dollars ($100). The failure t__~o place a video recordin~ regardless of its content~ in this area shall ~[~LL NUMBER: AB 1242 BILL TEXT not constitute an. infraction. --(f) It shall--[e' a defense in any prosecution for a violation of subdivision (a) by a person who knowingly distributed any harmful matter by the use of telephones or telephone facilities to any person under the.age of 18 years that the defendant has taken either of the following measures to restrict access to the harmful matter by persons under 18 years of age: (1) Required the person receiving the harmful matter to use an authorized access or identification code, as provided by the'information provider, before transmission of the harmful matter begins, where the defendant has previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of 18 years or that the code is no longer desired. (2) Required payment by credit card before transmission of the matter. (g) Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with paragraph (1) of subdivision (f) is confidential and shall not b~ sold or otherwise disseminated except upon order of the court. SEC. 4. Section 313.4 of the Penal Code is amended to read: 313.4. Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that ~ine and imprisonment. However, if the person has been previously convicted of a violation of Section 313.1, other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment in the state prison.' SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school d~strict will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. MEMORANDUM May 12, 1989 TO: TRUDY THORNTON, ADMINISTRATIVE ANALYST SUBJECT: REQUIREMENTS OF COUNCILMEMBERS AFTER APPOINTMENT The following is a list of items which must be completed by a newly appointed Councilmember: 1. Oath of Office - This oath must be administered prior to attending his/her first Council meeting. 2. Statement of Economic Interests (Form 721) - This form must be returned to the City Clerk for filing with the F.P.P.C. within 10 days of assuming office. 3. Property Ownership Disclosure Form - This form requires members to report property ownership or financial interests within the Redevelopment Project area, and is due in the Clerk's Office within 10 days of assuming office. If you should need additional information, please call. CW:rg 4:council5 Cover Sheet for Application for Interim Council Appointment Ward 1 - City of Bakersfield To Serve from May 31, 1989 to November 29, 1989 Dear Interim Appointment Applicant: The attached application must be filled out completely in order for the City Council to consider you as an applicant for Interim Councilmember for Ward 1. The following is required: 1. Be a resident of Ward 1. 2. Be a registered voter in Ward 1. 3. Give an oral presentation of no more than three minutes on your qualifications and/or reasons for wishing to fill the vacant Council seat. This will be scheduled for the City Council meeting of Wednesday, May 31, which begins at 7:00 p.m., in the City Council Chambers, 1501 Truxtun Avenue. (An oral presentation is required in order for your application to be considered complete. Prior to your presentation, you will be announced by the Mayor and asked if you plan to run for election in November 1989 for Ward 1 Councilmember.) After interim councilmember applicants have given their oral presentations on May 31, the City Council will make its decision. Upon selection, the appointee will be sworn in and will immediately begin serving as Interim Councilmember for Ward 1. If you are selected as Interim Councilmember for Ward 1, after being sworn in you will be required to complete a Statement of Economic Interests (Form 721) and a Property Ownership Disclosure Form, which are due in the City Clerk's Office within 10 days of assuming office. Further information on these requirements can be obtained from the City Clerk's Office. The written portion of the Application for Interim Council Appointment must be received by the City Clerk,s office no later than 5:00 p.m., Thursday, May 25, for applicant to be considered for appointment. Application for Interim Council Appointment Ward I - City of Bakersfield APPLICANTS MUST FILL IN ALL AREAS ON THE A'I-I'ACHED APPLICATION FORM. THIS APPLICATION MUST BE RECEIVED BY THE CITY CLERK'S OFFICE NO LATER THAN 5:00 P.M. ON THURSDAY, MAY 25, 1989, FOR APPLICANT TO BE CONSIDERED FOR APPOINTMENT: I, (please print), hereby formally request my name be entered as an applicant for appointment as Interim Councilmember for Ward 1. I am aware this temporary appointment will be effective from May 31, 1989 to November 29, 1989. As part of this application, I am required to make an oral presentation of no more than three minutes in length before the City Council on May 31 on my qualifications and/or reasons for wishing to fill the vacant seat as an interim appointee. (written signature) Name: Address: Occupation: 1. Are you a resident of Ward 17 Yes No 2. Are you a registered voter in Ward 17 Yes No 3. Do you intend to run for Councilmember for Ward 1 at the November 1989 Ward 1 general election? Yes No 4. Please state why you wish to be appointed as the Interim Councilmember for Ward 1. 5. Please make any additional comments you feel will assist the City Council in making its decision on whom to appoint as Interim Councilmember in the space below and on the back of this form only. Disclosure Statement: Information contained within this application will be considered public information. MEMORANDUM Hay 11, 1989 TO: LEGISLATIVE COMMITTEE: PATRICIA DEMOND, CHAIR KEVIN MCDERMOTT MARK SALVAGGIO FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST SUBJECT: DRAFT LEGISLATIVE COMMITTEE REPORT 4-89 Attached is a draft report for the Council meeting of May 17. Please let me know as soon as possible your concerns so I may make changes which are needed. I can be reached by phone at 326-3751 with your suggestions, Thank you. enclosures CC: Dale Hawley Art Saalfield D R A F T LEGISLATIVE COMMITTEE 5/11/89. EEPOET NO. 4-89 Hay 17, 1989 TO- HONORABLE HAYOR AND HEHBERS OF THE CITY COUNCIL SUBJECT:,' SPEC[AL ELECTION/[NTER[H APPO[NTNENT ISSUES FOE WAED 1 At its meeting of April 26, 1989, the City Council referred to tile Legislative Committee the issues of when to hold the special election for Ward 1 and whether to make an interim appointment, with a report back to Council by May 17. The Legislative Committee has met to discuss the issues and receive input from community representatives. 1) Based on the City Attorney's opinion, the City must hold tile Special Election for Ward 1 at the same time as the General Election on November 7, 1989. This legal interpretation is based on the City Charter, the State Government Code, and the City's Municipal Code. 2) It is the Legislative Committee's unanimous feeling that it is in the best interests of the citizens of Ward 1 and of the City that the City Council make an interim appointment to fill the vacant seat. Leaving the seat vacant for six months until the Special Election would be detrimental to Ward 1, which would be without representation during upcoming budget and 2010 General Plan hearings, The Legislative Committee recommends the appointee must be a resident of Ward 1~, must not hold any other public office incompatible with duties as a councilperson, and must be a registered voter of the Ward, An issue critical to members of the Committee was whether applicants for the interim appointment should or Should not be persons who have committed not to run for the Ward'1 Council seat at the November 7 general election. Committee members differed in viewpoints on this subject. Concerns focussed on whether a temporary appointee would have an unfair Legislative Committee. Report No. 4-89 May 17, 1989 Pag~ 2 advantage over other candidates at the November general electio~l, whether the Council should appoint someone who had expressed an interest in running for the election, and whether a qualified candidate should be excluded from consideration for wishing to run for the election while willing to serve in the interim position. The Legislative Committee emphatically states that it feels that the best interests of the Ward will be served by having the interim appointee serve only as an interim appointee and be willing to commit publicly to not running for the Ward 1 seat at the November ger)eral election. The Legislative Committee further recommends that the City Council announce it proposes to appoint an interim councilperson for Ward 1 from applications accepted from Ward 1 residents. Applicants will be required to fill out a form, Application for Interim Council Appointment, which will " '." be available from the City Clerk's Office beginning May 18 (see attached). ,The form must be filled out and returned to the City Clerk's Office no later than 5:00 p.m., Thursday, May '25, to be considered for the appointment. Applicants will be expected to make an oral presentation of up'to three minutes at the May 31 meeting as part of their application. Prior to applicant presentations, the Mayor will ask each candidate if .he/she plans to run for the Ward 1 Council seat in November. The Committee recommends that the City Council review all applications for interim appointment and make their decision at the May 31 meeting, which is the Charter deadline for making such an appointment. Upon Council appointment, the appointee will be sworn in and take the Ward 1 Council seat, which will remain his/hers until the results of the Special Legislative Committee Report No. 4-89 May. 17, 1989 Page 3 Election/Oeneral Election results are certified on November 29. The Legislative Committee recommends that Council accept this report and implement its recommendations immediately. Respectfully submitted, Councilmember Patricia J .DeMond, Chair Councilmember Kevin McDermott Councilmember Mark C. 8alvaggio m0510891 DRAFT Cover Sheet for 5/11/89 Application for Interim Council Appointment Ward 1 - City of Bakersfield To Serve from May 31, 1989 to November 29, 1989 Dear Interim Appointment Applicant: The attached application must be filled out completely in order for the City Council to consider you as a serious contender as Interim Councilmember for Ward 1. You must meet the following requirements' 1. You must be a resident of Ward 1. 2. You must be a registered voter in Ward 1. 3. You must give an oral presentation of up to three minutes on your qualifications and/or reasons for wishing to fill the vacant Council seat. This will be scheduled for the City Council meeting of Wednesday, May 31, which begins at 7:00 p.m., in the City Council Chambers, 1501Truxtun Avenue. (You must be present for the oral presentation in order for your application to be considered complete. Prior to your presentation, you will be announced by the Mayor and asked if you plan to run for election in November 1989 .for Ward 1 Councilmember.) After interim councilmember applicants have given their oral presentations on May 31, the City Council will make its decision. Upon selection, the appointee will be sworn in and will immediately begin servin9 as Interim Councilperson for Ward 1. If you are selected as Interim Councilmember for Ward 1 you will be required by law to '" (Carol is researching legal requirements.) · Further information on these requirements can be obtained from the City Clerk's Office. DRAFT 5/11/8~ Application for Interim Council Appointment Ward 1 - City of Bakersfield APPLICANTS MUST FILL IN ALL AREAS ON THE ATTACHED APPLICATION FORM TO BE CONSIDERED FOR APPOINTMENT: I, (please print), hereby formally request my name be entered as an applicant for appointment as Interim Councilmember for Ward 1. I am aware this temporary appointment will be effective from May 31, 1989 to November 29, 1989. As part of this application, I am required to make an oral presentation of up to three minutes in length before the City Council on May 31 on my qualifications and/or reasons for wishing to fill the vacant seat as an interim appointee. (written signature) Name: Address: Occupation: 1. Are you a resident of Ward 17 Yes No 2. Are you a registered voter in Ward 17 Yes ~No 3. Do you intend to run for Councilmember for Ward 1 at the November 1989 Ward 1 election? ..Yes ~No 4. Please state why you wish to be appointed as the Interim Councilmember for Ward 1. 5. Please make any additional comments you feel will assist the City Council in making its decision on whom to appoint as Interim Councilmember in the space below and on the back of this form only. Oisclosure Statement: Information contained within this application will be considered public information. MEMORANDUM May 10, 1989 · The attached "Alternative Proposal" was submitted to the attendees at the Ward 1 mini-conference on April 30. It was submitted by Marvin Dean, amended by Bob Spencer, and approved as amended by Ward i citizens at the meeting. (Deletion lines and written words indicate amended portions.) The amended version recommends Council appoint an interim representative. TT:jp Attachment F~ An Interim Appointment Until An Election Can Be Held This proposal is that a FIRST WARD COUNCIL be formed to: - Develop a list of !riority issues concerning the FIRST WARD ~or the newly elected Councilperson - Monitor ALL City Council meetings (rotate attendance) -Recommend.~oun¢il ~ction on issues concerning the FIRST WARD through-~:4~a ~ ................... , .... Open to all FIRST WARD registered voters, ~/g~,-L~... An Executive Council would be responsible for imp~ementing reco~endations Membership ~cU~d consist of interested org- anizations and registered voters Legal statue w3uld be that of a political action committee Chairpersons and officers would be elected from the Executive Council Respectfully Submitted, Fifth Generation Resident Mr. Marvin Dean PRESS RELEASE State~nent of Purpose To: City Council First Ward Residents General Public CITY (2LE?:~ From: Marvin Dean, First Ward Resident On Sunday April 30, .1989 the First Ward held a. Mini-Conference at which time my name was placed in nomination as an interim, appointment for the vacant First Ward City Council seat. My ties to the First Ward go back to the 1930's when my forefathers pitched their tent at what is now known as Lakeview and Virginia Avenues. I am acutely aware of the problems and needs of man3, of the people in this community. I 'am also deeply committed to citizen involvement in the political process. I find it commendable that over 1000 residents of the First Ward , given the problems of crime , drugs and unemployment would seek a change through the political process by requesting a special election. ·This is the only remedy allowed for in the City Charter-for the citizens of the Ward should a vacancy occur. I believe that choosing one's representative through the electoral process allows the citizens and not "special interests" to address the concerns of the Ward on the City Council. For this reason, to allow the fullest exercise of the right to vOte and participate in the selection of our City Council representative ,I withdraw my name for consideration as an interim appointment to the City Council. Instead, I ask that the City Council consider taking the same stand as when ex-Councilman Vernon Strong resigned from office in 1983, creating 'a vacancy in the First Ward Council seat.. The decision was made by the City Councilto leave the seat open and to support an early election, ruling not to take sides in First Ward politics. This arrangement worked well until an election was held. My concern is that the people of the Ward have spoken to show that they want to be involved in the process. With the many problems facing the Ward, we need citizen participation, working with our elected representatives to meet the many challenges facing our Ward and the City as a whole.. I therefore request that the City Council consider: 1. Leaving the First Ward Council seat open until an election can be held to avoid splitting the community apart. 2. Schedule the special eleciton at the earliest date possible and don't underestimate the concerns of the residents to be responsible citizens. At the April 30,1989 meeting I made a proposal, which was accepted by the majority of those attending the meeting, that a First Ward Council be formed. The purpose of the Council would be to: _ Develop a list of priority issues concerning the First Ward for the newly elected' Councilperson _ Monitor all City Council meetings (rotate attendance) _ Recommend Council action on issues concerning the First Ward through the City Manager, Vice-Mayor, or designated representative. The structure would be as follows: Open to all First Ward registered voters, residents and friends An Executive Council would be responsible for implementing recommendations Membership would also include interested organizations Legal status would be that of a political action committee. I would also like to make public a list of issues to be addressed by candidates seeking the office: - Can the'candidate be an effective voice at City Hall for all the people of the First Ward . Support a comprehensive economic development program to create jobs in Southeast Bakersfield Promote public-private partnerships to address the need for job training _ Support Citizen Task Force for addressing citizen concerns with the Police Department on crime and drugs _ Commit to monthly community meetings in the First Ward or open a district office. Our goal is to develop, a voting bloc of citizens in the First Ward to support and assist our elected representatives address the concerns of the Ward. Persons interested in the First Ward Council may contact me at 328-6848 or by mail at P.O. Box 2506, BKFD, CA 93302. MEMORANDUM May 1, 1989 TO: THE LEGISLATIVE COMMITTEE: Patricia DeMond, Chair Kevin McDermott Mark Salvaggio FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST SUBJECT: WARD I COUNCIL REFERRAL Points of information relating to the Council referral of April 26 regarding Ward I are listed below (as of May 1, 1989). - The City Clerk has requested the County Clerk to verify the signatures on the petition. Verification response should be returned before the meeting of May 17, So it can be certified by the City Clerk at the meeting of May 17. - Council may appoint an interim within two weeks after the petition is certified. If Council intends to make an appointment,'it must do so either at the meeting of MaN 17 or May 3-1. Since Councilmember Patricia Smith is unable to attend the May 17 meeting, she has asked that action be deferred until May 31. - Sharon Owens, Voters and Friends of Ward 1, has requested a response from the Legislative Counsel's Office through Phil Wyman's office, on the validity of the City Attorney's ruling that the Special election must be run concurrently with the General Election on November 7, 1989. A response is expected this week. - Based upon the City Attorney's legal opinion, the Special Election must be run concurrently with the General Election on November 7, 1989. Candidates for the special election must meet the qualifications of a candidate for a general election and must comply with the requirements for such. If a person wishes to run for both the Special Election and the General Election, that person must fill out papers for both. - Per the City Clerk based upon the City Attorney's legal opinion, if two different people win the Special and General Elections, they will both be sworn in at the Council meeting of November 29 (after certification of the election results) as first order of business. The Special Election winner will be sworn in, then the General Election winner. LEGISLATIVE COMMITTEE WARD 1 COUNCIL REFERRAL May 1, 1989 ~ Page -2- - The special and general election information could be placed on separate ballots (pieces) on November 7 or on the same .... one depending on what else .is scheduled for the election. - To reply within an appropriate time frame, the committee should respond to Council by May 17. Questions for discussion might include: " Should an interim Council appointment be made? Should members of the c6mmittee meet with community representatives to confirm whether the community wants an. appointment or not? Should the committee accept the names submitted at the community meeting of April 30 as candidates for an interim appointment? TT:jp .. cc: City Manager J. Dale Hawley City Attorney Art Saalfield City Clerk Carol Williams May 1, 19~9 TO: LEGISLATIVE COMMITTEE PATRICIA DEHOND, CHAIR MARK SALVAGGIO KEVIN MCDERMOTT FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST SUBJECT: WARD 1 COUNCIL REFERRAL Points of' information relating to the Council referral of April 26 regarding Ward 1 are listed below (as of May 1, 1989): - City Clerk has requested the County Clerk to v:rif¥ the signatures on the petition. Verification response should be returned before the meeting of May 17, so it can be certified by the City Clerk at the meeting of May 17. - Council may appoint an interim.within two weeks after the petition is certified. If Council intends to make an appointment, it must do so either at the meetin9 o-F Hay ' 17 or May 31. Since Councilmember Patricia Smith is unable to attend the May 17 meeting, she has asked ~hat action be deferred until May 31. - ~haron Owens, Voters a~,d""Frien~s of Ward 1, has reque.'.'-ted a response from the Le'gat-Counsel's Office through Pt:il Wyman's Office, on the validity of the City Attorney"s ruling that the Special Election must be run concurrently with the General Election on. November 7 1989 -<;.i..ty~ .-A-t-tor--ne-y-'-s-C.~.f-f-ice-w-~.' ! ! g~~.esponse t6 .Ms .. Owens~ A response ¢~e-4q, s, O~quemt is expected this week. - Based upon the City Attorney's legal opinion, the Special Election must be run concurrently with the General Election on November' 7, 1989. Candidates for the special election must meet the qualifications of a candidate for a general election and must comply with the requirements for such. If a person wishes to run for both the Spec;ia1 Election and the 6eneral Election, that person must fill out papers for both. - Per the City Clerk based upon the City Attorney's legal opinion, if two different people win the Special and Get,er'al Elections, they will both be sworn in at the Council meeting of November 29 (after certification of the election results) as first order of business. The Special Election winner will be sworn in, then the General Election winner. - The special and general election information coulJ be placed on separate ballots (pieces) on November 7 ,~r ,.:n " the same one depending on what else is scheduled for' the election. To reply within an appropriate timeframe, the committee should respond to Council .,by May 17. Questions for discussion might i nc 1 ude' Should an interim Council appointment be made? Should members of the committee meet with community representatives to confirm whether the ,community wants an appointment or not? Should the committee accept the names submitted at. the community meeting of April ' 30 as candidates for an interim appoi ptment? City Manager Dale Hawley City Attorney Art Saalfield City Clerk Carol Williams MEMORANDUM April 27, 1989 TO: THE LEGISLATIVE COMMITTEE: Patricia DeMond, Chair Kevin McDermott Mark Salvaggio FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST ~~ SUBJECT: DRAFT REPORT FOR CHANGES IN COUNCIL AGENDA ORDER Attached is a draft Legislative Committee Report and Ordinance scheduled to go on the May 17 agenda. Please let me have your input as soon as possible. TT:jp Attachments cc: J. Dale Hawley ADMINISTRATIVE REPORT Meeting Date: May 17, 1989 Agenda Section R e p o r t s A g e n d a I t em: TO: HONORABLE MAYOR AND CITY COUNCI'L Approved FROM: TRUDY THORNTON Department Head ADMI N I STRAT I YE ANALYST DATE: April 27, 1989 City Manager SUBJECT: Report No. 3-89 from the Legislative Committee regarding Request for Changes 'in Council Order of Business 1. An Ordinance of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Code relating to Council Order of Business. Recommendation: First Reading. RECOMMENDATION: BACKGROUND: RPT.13:jp LEGISLATIVE COMMITTEE REPORT NO. 3-89 May 17, 1989 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: REQUEST FOR CHANGES IN COUNCIL ORDER OF BUSINESS On April 19, 1989, the Vice Mayor referred to the Legislative Committee a request from City Clerk Carol Williams to have approval of minutes of Council meetings placed under the consent calendar section of the Council agenda. The City Clerk felt that the consent calendar would be the most appropriate location for the minutes since consent calendar items are noncontroversial and routine in nature. This change would also facilitate streamlining of the Council agenda. The members of the Committee have discussed the issue and feel the request has merit. Members also feel that locating the consent calendar immediately following public statements would have streamlining advantages. It will allow the minutes of the previous meeting to be approved before new business is conducted and, more importantly, it will allow persons attending the Council meet. ing for consent calendar items to have their business speedily concluded. LEGISLATIVE COMMITTEE REPORT NO. 3-89 MAY 17, 1989 PAGE 2 The Legislative Committee recommehds the City Council accept this report, implement its recommendations, and adopt the Ordinance amending Section 2.04.070 of the City's Municipal Code to reflect these changes. Respectfully submitted, Councilmember Patricia J. DeMond, Chair Councilmember Kevin McDermott Councilmember Mark C. Salvaggio RPT.153 and 153A:jp ORDINANCE NO. , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.04.070 TO THE BAKERSFIELD MUNICIPAL-CODE RELATING TO THE ORDER OF BUSINESS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.04.070 is hereby amended to the Bakersfield Municipal Code to read as follows: 2.04.070 Order of business. At the time set for regular meeting of the city council, the members o~ the legislative body and the administrative ~staff shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition in the following order, unless otherwise changed by the council: A. Invocation; B. Pledge of Allegiance; C. Roll call; D. Consent calendar (including actions on bids of less than $25,000, but excluding approval of negotiated, sole-source purchases); E. Public statements; F. Hearings; G.. Correspondence; H. Reports; I. Actions on bids of $25,000 or more; J. Deferred business; K. New business; L. Council statements; M. Adjournment. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. 'o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED 'as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield AJS/meg 00RD 4 ORDER.1 4/28/89 - 2 - MEMORANDUM April 27, 1989 TO: LEGISLATIVE COMMITTEE FROM: ARTHUR J.' SAALFIELD, CITY ATTORNEY~~ SUBJECT: SPECIAL ELECTION - WARD 1. ~. ' A petition was filed yesterday calling for a special election to fill the vacant Council seat for Ward 1. Under the Charter, the· Municipal Code, the State Election Code, and the relevant Govern- ment Code Section, that election must be held on November 7, 1989, with the general election. Charter Section 74, "Procedure For Holding Municipal Elections," states: "Unless otherwise provided for by this Charter or ordinance hereafter enacted,.all elections .shall be held in-accordance With~the.'~rovisions of the Elections Code and the Government Code of the State of California as the same now exists or may hereafter be amended." The relevant portion of Section 16 of the Charter states: "If a vacancy occurs in the Council at a time more than six months prior to the date of the next general election for the vacant Council seat, a petition requesting a special election may be filed with the Council .... [T]he signatures thereto shall be verified and certified .... If the petition is valid, the Council shall call a special election to fill the vacancy, to be held. not less than ninety days nor more than one hundred eighty days following-- certification of the petition to the Council." The vacancy occurred on April 18, 1989, more than six months prior to the next general election for the vacant seat (November 7, 1989). Assuming the petition is valid, it must be certified t6 the City Council by the City Clerk at the May 17th meeting, which is within 180 days of the general election. Section 16 of the Charter requires that the election be held not earlier than August 15, 1989 (90 days after certification of the petition) and not later than November 13, 1989 (180 days after certification). Memo to Legislative Committee Re: Special Election - Ward 1 Apri! 27, 1989 Page 2 The Charter (Section 16) does not address the issue as to when the special election shall be held, only the time limits within which it shall be held. Therefore, pursuant to Section 74 of the Charter,. provisions of the Municipal Code, the Elections Code, and the Government Code must be examined t° determine whether they pre- scribe a time-certain for such election. ~That portion of Section 74 which reads, "Unless otherwise provided for by this Charter or ordinance hereafter enacted .... "has remained unaltered since its adoption in 1964. In 1978, the Council amended Section 4.10.030 of the Municipal Code (later-'re .... · codified as Section 1.16.190) to read: "Whenever a vacancy occurs on the Council more than six months of the next general election for Councilman in the Ward where the _.vacancy...occurs~.and.~it~/~ecomes mandatory for the Council to call a special 'election, such election shall be held on the same date as the general election, and the Council by a majority vote may fill the 'vacancy by ~'appo'intment'during'the-interim period that exists between the time the Council by resolution calls the election and the date on which the election is held." In addition, Government Code Section 36512, consistent with Municipal Code Section 1.16.190, states, in part:' "The City Council shall take the action specified by this section to fill any vacancy occurring in the offices provided for in this chapter .... Such a special election shall be held on the next regularly established election date not less than 90 days from the call of the special election." Therefore, the special election must be held on November 7, 1989, the next regularly established election date. Because the Charter and Municipal Code are silent as to when the Council. must act to "call" the special election,* reference must be made to other applicable law.-- · The ordinance codified in Municipal Code Section 1.16.170, having been adopted prior to Charter Section 74, is inapplicable. Memo to Legislative~ommittee Re: Special Election - Ward 1 April 27, 1989 Page 3 Government Code Section 36512 states, in part: " .... IT]he council shall, within 30 days from the commencement of the vacancy .... call a special election to fill the vacancy..." Since the vacancy occurred on April 18, 1989, the City Council must call the special election at its meeting on May 17, 1989. . .within-two,weeks The Council may, under Charter Section 16, ... after the petition is filed, make an interim appointment to fill the vacancy until the results of the election are certified." The ~.Council~is.not~legally~required.~o~make~s.uch..~an..in~terim~appoint- ment. Though the Charter specifies that such appointment is to be within two weeks "after the petition is filed," it also requires "-that the petition, be valid,--which~.cannot-...~be,..asce~r~ai~ned by .the Council until the petition is certified'by the Clerk. Acco~dingly~ the Council, if it is to make an interim appointment, must do so -.either~on May 17th ~o~ithin..~wo.~eeks~.of_.~that~.meeting,_assuming the petition is certified to-"-the~Council'on'May 17th. AJS/meg M.LEGISl cc: Honorable Mayor & Councilmembers J. Dale Hawley Carol Williams Louise Closs Trudy Thornton Attorney Opinion File CITY COUNCIL REFERRAL MEETING OF:' APl{IL 26, 1989 REFERRED TO: LEGISLATIVE COMMITTEE - TRUDY THORNTON ITEM: COUNCIL STATEMENTS 13. COUNCILMEMBER SMITH REQUESTED ISSUE OF WHEN TO HOLD ELECTIONS AND THE ISSUE OF AN INTERIM APPOINTMENT BE REFERRED TO THE LEGISLATIVE COMMITTEE. ACTION TAKEN BY COUNCIL: APPROVED BACKUP MATERIAL ATTACHED: NONE DATE FORWARDED BY CITY CLERK: MAY 1, 1989 PLEASE COMPLETE THE STATUS PORTION AND RETURN THIS FORM TO TRUDY THORNTON IN THE CITY MANAGER'S OFFICE WITHIN 30 DAYS OR AS PROGRESS IS MADE. STATUS: 4REFERRAL21 Council Statements April 26, 198~ Smith: ~As we've heard tonight a petition calling for a special election to fill the vacancy in Ward One has been filed, and if the petition contains sufficient ballot signatures will be certified by the City Clerk to the Council at~ our meeting, on May 17th. Action calling for such an election and deciding on an interim appointment to that vacancy, if any, may be necessary or appropriate that evening. I ask that the issues of when to hold such special election, if it may be held legally prior to November 7th and whether to make an interim appoint- ment be referred to the Legislative Committee for its report and recommendation at the May 17th meeting. I'll make'that into the form of a motion. Mayor: You heard the motion, all in favor. Council: Aye Mayor: That motion carries. bz 4: APR26. Ti Vernon L. Strong letter of intent to resign dated February 16, 1983. Res'ignation effective June 1, 1983. Special Election held to fill the unexpired term of Vernon Strong held November 3, 1953, at the same time as the General Municipal Election for. Ward Nos. 2, 5, and 6. No interim appointment was made. MEMORANDUM April 20, 1989 TO: LEGISLATIVE COMMITTEE: PATRICIA DEMOND, CHAIR MARK SALVAGGIO KEVIN MCDERMOTT FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST~ SUBJECT: VICE MAYOR REFERRAL On April 19, 1989, the Legislative Committee received a referral from the Vice Mayor regarding a request by the City Clerk to have the approval of the minutes of Council meetings placed under the Consent Calendar on the Council agenda. This can be implemented by changing Section 2.04.070 of the Municipal Code to delete the current paragraph D. The City Charter grants the Council the authority to "determine its own rules and order of business" (Section lg). For your information, I have attached the Vice Mayor referral, the memo from Carol Williams requesting the change, the current ordinance, and the proposed ordinance as prepared by the City Attorney's Office. Pat was wondering whether a consensus of Committee opinion on the issue could be gained (from which a reoort could be created) without the Legislative Committee having to schedule a meeting.= Please let me know your feelings on this as soon as possible. (The next Council'meeting on which this could be placed would be the May 17th meeting.) mO420891 Attachments VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: ~'April 19, 1989- REFERRED TO: Legislative Committee ITEM: (Proposed) An Ordinance of the Council of the City o'f Bakersfield Amending Section 2.04.070 to the Bakersfield Municipa! Code Relating to the Order of Business. BACKUP MATERIA~ ATTACHED: Yes STATUS: To Council Committee on _. Committee Report No. sent to Counci) Ordinance Adopted (date) Proposed Ordinance Canceled, (date) Other , Jp REFER.14 cc: Carol Williams Mary E)len Gonza)es MEMORANDUM TO: DALE HAWLEY, CITY MANAGER ' - SUBJECT: PLACEMENT OF COUNCIL MINUTES ON AGENDA Attached is a copy of M. C. §2.04~070 regarding Order of Business for the City Council Agenda. I have discussed with the City Attorney a proposal for placing the Approval of Minutes under the Consent Calendar. Mr. Saalfield advised that the Municipal Code section would have to be'amended by ordinance. Since the Consent Calendar consists of items that are non-contrpversial and routine in nature, I feel the Consent Calendar would be the most appropriate location for Minutes. This will also facilitat'e streamlining the Council Agenda. I_.wou~.d request that this matter be considered in the ~egislative Committe~ and that an' ordinance be adopted t~implement this change. CW:rg cc: Art Saalfield ' 4:cmins 2.04.060~2.04.110 ~ I. Generally to guide and direct the proceed- 2.04.080 Consent calendar. ~. ings ofthe body, subject to the control and will of A. The consent calendar is comprised of one , the body; or more items of routine nature which may be · J. To carry out any other duties as specified in approved at one time by affirmati ye roll call vote. the city Charter. (Prior code § 2.08.040). B. Any councilman may remove any item or 2-04.060 Sergeant at arms. items from the consent calendar to be voted upon separately from all other items on said A. There shall be a sergeant at arms, who shall consent calendar. (Prior code § 2.08.062). be a uniformed member of the' police depart- ment. . · 2.04.090 Correspondence. B. The sergeant at arms shall be in attendance A. Correspondence received bY the clerk or at all regular sessions, and shall, under the direc- other officer of the city shall not become a public lion of the presiding officer, maintain order on record until received and filed by the council at a the floor of the Council Chambers. (Prior code § regular, special or adjourned session ofthe coun- 2.08.050). ........... ..... B. Correspondence received in the clerk's · 2.04.070 Order of business. ' office or other offices after twelve noon on the At the time set for regular meeting of the city Thursday preceding a regular session shall not be council, the members ofthe legislative body and placed on the agenda unless it is ofsuch nature as the administrative staff shall take their regular refers to action of the council at the next regular stations in the council chambers, and the bust- meeting or ifil is ofsuch necessity as to warrant ness ofthe council shall fie taken up for consider- inclusion in the correspondence to be received. alton and disposition in the following order, C. Correspondence relating to scheduled unless otherwise changed by the council: '" A. Invocation: council action or hearings shall be relierred to the B. Pledge of Allegiance; particular order of business. C. Roll call; D. Correspondence shall not be read at the D. Minutes. approval of; session unless requested by a majority vote of the E. Public statements; council. (Prior code § 2.08.070). E Heatings; G. Correspondence; 2'04-100 Public statements. H. Repons; A. Any person may apply for permission to address the council by giving advance notice of I. Consent calendar (including actions on his appearance to a coun(~ilman, themayororthe bids of less than twenty-five thousand dollars, city manager. but excluding approval of negotiated, sole- B. Such person shall submit his name, source purchases); address, subject matter, and the estimated length J. Actions on bids of twenty-five thousand of time of presentation. (Ord. 3064 § 2, 1986; dollars or more; K. Deferred business; prior code § 2.08.080). L. New business; 2.04.110 Other public statements. M. Council statements; A. Subject Matter and Decorum. N. Adjournment. (Ord. 3130 § 1, 1988: Ord. 1. Persons wishing to address the council who 3127 § 1, 1987: Ord. 3064 § 1, 1986: Ord. 2893 § 1, have not given advance notice of their intention 1984: prior code § 2.08.060). to address the council may do so with permission of the council. (Bakersfield ?-88) 30 · ORDINANCE NO._ , NEW SEI{iES AN ORDINANCE OF TIlE COUNCIL OF Tile CITY OF BAKERSFIELD AMENDING SECTION 2.04.070 TO TIlE ' : BAKERSFIELD MUNICIPAL CODE RELATING TO TIlE , ORDER OF BUSINESS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: . SECTION 1. Section 2.04.070 is hereby amended to the Bakersfield · Municipal Code to read as follows: 2.04.070' Order of business. At the time set for regular meeting of tile cJt'.y council, the members of the legislative body and the administrative stale shall take thC. ir regular stations in tile council chambers, and tile business of the council shall be taken up for consideration and . disposition in the following order, unless otherwise clianged by .... the council: A. Invocation; B. Pledge of Allegiance; C. Roll call; b. Public statements; E. Hearings; F. Correspondence; G. Reports; I Il. Consent calendar (including actions on ~._~ of ~ess ti]an $25,000, but excluding approval of negotiated, sole-source purchases); I. Actions on bids of $25,000 or more; 'J. Defe.~red business; K. New business; L. Council statements; H. ·Adjournment. SECTION' 2. ~ This ordinance shall be Posted in accordance with I:he City Cha[ter provisions and shall become effective thirt'y (30) days f[om and a.fter the date of its passage.. -o0o I HEREBY CERTIFY that the foregoing Or. dinance was passed and adopted by tile Council of the City of Bakers.fieNd at a .regu].ar meeti~g thereof held on , by tile followi~lg vote: CITY CLERK and Ex Officio (;l.~t'k of tile Council of the City of Bakersfield APPROVED ': CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTIIUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield AJS/meg - 00RD ORDER.1 4/5/89 - 2 - TO: LEGISLATIVE COMMITTEE MEMBERS: Kevin McDermott Mark Salvaggio FROM- PATRICIA DEMOND, CHAIR SUBJECT- ISSUES BEFORE COUNCIL LEGISLATIVE COMMITTEE As you know, three issues are before the Legislative Committee which, n order to be timely, need to be addressed quickly. Two of the issues are requests for support of different bills before the Legislature regarding' motorcycle helmet safety (AB 8 and AB 55) and the other issue is support for the Kern Regional Center (SB 50). In an attempt tO facilitate closure on the issues, I have directed Trudy Thornton to draft a Legislative Committee Report for your review. It is enclosed. Background materials on all three issues are also included. I would like these issues placed on the March 15, 1989 agenda. Administrative Reports for that meeting are needed by March 7. Please have your comments to Trudy'before that time so that she can make adjustments. As satisfactory meeting times have not been easily arranged, it is fortunate that these issues can be resolved in this manner. The Committee may not be so lucky in the future. -. Because we have been having difficulty with arranging meetings, I am enclosing a form with your name and blank spaces you can fill in with the times and days that are convenient for you to meet. If at all possible, please fill out the form and return to me by March 8. Regarding my own calendar, I am available Monday through Friday in the early morning (before 8:30), at noon, after 5:00 p.m, and on Saturdays. Hopefully, when the three · schedules are compared, there will be times that are convenient for all to meet. If not, then perhaps an alternating system of meeting times and places will need to be established. Having a collective schedule will expedite meeting arrangements and assist City staff in arranging convenient meeting times. Please let me know if you have any questions. Enclosures DRAFT LEGISLATIVE COMMITTEE REPORT NO. ~-89 MARCH '15, 1989 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT' REQUESTS FOR SUPPORT FOR AB 8, AB 55, AND SB.50 At the City Council meetings of February 1 and February 15, 1989, the City Council referred, to the Legislative Committee requests for support from Assemblywoman Bev Hansen, 8th Assembly District, and Assemblyman Rich Floyd, 53rd Assembly District, for both their bills on motorcycle helmet safety. The Committee reviewed materials on the issues, choosing not to support either bill, as the passage of either would result in the imposition of a state-mandated local program for which there would be no reimbursement from the state to cover costs of implementation. Both bills are currently before the Assembly Transportation Committee. At the City Council meeting of February 15, 1989, the Council also referred to the Legislative Committee a request from the Kern Regional Services for support for SB 50, which would allow it to continue to provide funding services to its clients. The bill was signed by the Governor on March 2, 1989, and now is public law. As a result, a response to this issue is not needed. Committee members feel that the citY Council should remain neutral on both AB 8 and AB 55 and take no action on $B50, which is now California law. The Legislative Committee, therefore, recommends that the City Council accept this report and implement its recommendations. Respectfully submitted, Patricia DeMond, Chair Kevin McDermott Mark Salvaggio · ~, ....: ..,.~, ,:? !,..,, Bakers[leld. CA 93301 18051 327-8531 Main Office KE~ t~GIONAL CENTER ~ 7 FebruarY' 1989 'O ,:'~ I',~ -o I'~1 · ... '.~ ~-~ . ' ~- :-" Dear Friends and Vendors of Kern Regional Cente~r: Kern Regional Center is urging your support of Senate Bill 50, a Regional Ce~ter urgency bill to fund a $27 million shortfall in order to continue vital services to our cl/ents The Center is in serious danger of being forced to disconth~ue virtually all of its services to you. YOU ~ N~ TO TAKE ACI~ON TO I~ ~/fIS DI.q~C~ IN Y(JJR The problem is that all of the Regional Centers in the State only received .funding to provide services performed by regional center staff for the first 9 months of this fiscal year. This is because the State was counting on receivJ~ $27 million in federal monies to fund case management servio~_s and that plan has failed, at least for this year. Kern Regional Center's fund~ shortfall is almost $700,000. We have been offered repeated assurances from the State Depa~O~ent of Developmental Services that the monies would eventually be made available but this has not occurred. Kern Regional Center has, in fact, done its part to gualify for the federal reimbursement. There is no way to cope with this kind of funding loss without virtually closing the Center for April, May and Ju~e. ~ IMPACt ON YOU: If the Governor does not sign SB 50 shortly, the Center will have no choice but ~.. to furlough virtually all of its staff for the remainder of the fiscal year whidt ends J~m 30, 1989. If this happens, the Center will have __no staff to provide any services to applicants or clients and families sud~ as assessments'and evaluations, ongoing case management including arrang~ for purchased services, monitoring ~lients who live in residential placement,, managing clients' Social Security funds, and paying vendors for services to clients. Many experienced and c~,,~tted staff will be forced economically to take other jobs, which means that even with renewed furding in July of 1989, the regional Center system could experience permanent damage to its ability to deliver ~,~]ity services to you. SB 50 IS SIGNED INTO LAW ~ ~ I~GIONAL C~%'/3~R'S The enclosed "blue sheets" summarize th~ situation and Provide you with a sample F,AX (805) 324-5060 Hand-in-Hand .... TDD (805) 327-1251 " .... ~ Promolino Equality, Independence & Opporlunily letter and space to write your own letter to the Governor. Please get the blue sheets completed and sent to either the Governor or returned to KRC as soon ~ poss~.b]e (by February 15 at the latest). Also, call the Governor's office. You .and your friends can call any (or all 3) of the Governor's offices. When your call is answered just tell them that you support the Governor's signing SB 50 and that you support the Regional CenterS. Governor's telephone numbers: Sacramento (916) 445-2841 San Francisco (415) 557-3326 Los Angeles (213) 736-2373 9hanks for your help and support. If you n~ more blue sheets or have any questions, call Kern Regional Center and ask for me, Jeff Popkin or Jerry Bowman.. Sincerely, Michal C. Clark, Ph.D. Chief Executive Officer MCC:ljm .E~.~,~le. ~o~ ,~ . ¢11z c ~ j ~./E L) ¥,ceC°rr'rr'meeScna,r " ' ' Ag.~ng and Long , "sacr~mentoCA94249-0001 -- J~[,t~ 2 0 :~.Q,~ lermCare Phone: 1916} 445-8102 Aoncullure ' Local Governmenl CJarerrc6 E. Medders. MayorNatural Resources [3 50 Santa Rosa Avenue Suite 301 , '[ranspodalion ProduCtion and Economy : [Wce Chair) g 1700 Second Street SeleCl 03mma~ee on , Su,. 3so -, BEV HANSEN c.,~ Ca,e ' Napa, GA 94559 CiTY C LEt':.F, salecl Commillee on ASSEMBLYWOMAN I~-IGHTH DISTRICT Small Business {707]255.9084 Ad Hoc Leg~slalive ]ounsm Caucus Qanuary 12, 1989 Ru,a~Caucus Dear Mayor: As an elected off£cial, I would like to take this opportun£ty to ask you and your city council to support my legislation dealing with motorcycle safety, AR 55, , -, When AB 36, came before me last year I supported the bill in ~ both the Transportation Committee and on the Assembly Floor. However, it was very apparent to me that a compromise between the various concerned grOups was needed. .! Recently, I introduced Assembly Bill 55, a comprehensive motorcycle safety measure. This bill is a compromise alternative '" to Assemblyman Dick Floyd's bill, AB 8 (AB 36 of 1988). There are many important differences between these two measures. My bill, AB 55, addresses the need for required motorcycle training and the problems of the unlicensed motorcycle driver. Listed below are the major provisions of AB 55: * Requires the use of protective .helmets for motorcycle riders under the age of 21. * Requires completion of the motorcycle safety program for all motorcycle drivers under the age of 21. * Increases the penalties for driving a motorcycle without the proper classification of drivers' license. * Allows a court to impound the vehicle of anyone driving without the required license. * Increases the number of motorcycle licensing categories. * Ensures the continuance of California's motorcycle safety train, ing program by deleting the existing sunset of this program. This legislation is a ~ealistic and positive approach to the need for increased motorcycle safety. I have worked very closely with the Governor's office and other concerned parties in drafting this measure. A strong show of support is vital to the successful passage of this comprehensive motorcycle safety legislation. Your written ....... support of AB 55 is extremely important and would be deeply .appreciated. , I l°ok forward-to h~aring from you. Please feel free to contact me with any questions or concerns you may have regarding this legislation. Your correspondence may be sent to my Capitol Office at State Capitol, Post Office Box 94289 Sacramento California 94249-0001. ' , Sincerely, ..... .... BEV HANSEN 8th Assembly District .... '" 1-27-89 ' ." ~ '::~. ..... cc: Trudy Thornton ' "i.:~!:.ii' (For distribution to Council or Committee) ~?~? -~ ~ ADDRESS ,~ CAPITOL ~.~ COMMI~rEES ~MEN~O, CA 94249.~1 CONSTRUCTION AND OPERATION g16-44~5 ~ LABOR AND EMPLOYMENT DISTRICT OFFI,CE ' CHAIRMAN 16921 S. WESTERN AVENUE [I ~~ GOVERNMENTAL ORGANIZATION SUITE 220 ~ . SUBCOMMI~EE ON SAFETY 213-5164037 ~,-..,~ " January 30, 1989 RICHARD E. FLOYD ASSEMBLYMAN, FlaY.THIRD DlSfRICT Mayor Thomas Payne City of Bakersfield 1501 Truxtun Avenue ..... Bakersfield, CA 93301 D~ar Mayor Payne: I am asking that your city consider a support position for my (AB 8) mandatory motorcycle helmet bill. This same measure (AB 36) passed the legislature last year by an approximate 2-1 majority but, unfortunately for taxpayers, was vetoed by the Governor. I have reintroduced the same . measure, AB 8, with the anticipation of reconsideration by the Governor. The Governor indicated in his veto message of AB 36 that the majority of motorcycle accidents occur to young motorcyclists and that he would sign a ,~¢~.~:~. helmet bill for under 21 year old drivers and passengers. Unfortunately,for the 6overnor vas provided with erroneous information, since the CHP data .1987 shows 77% of motorcycle fatalities Were ove~ age 21, and 69% of the ?.injuries were for persons over 21, with the average age for motorcycle crash ,. victims being age 25. Aside from the medical tax 'dollar saxr&~gs inherent in AB 8, cities and counties are subjected to substantial adverse judgments by unhelmet.ed cyclists who incur brain damage due to auto/motorcycle crashes. Typically, 1. at, yers for the cyclist enjoin the city or county ~ith the auto driver and under the "deep ~ockets" premise place .the Cit)- or county at ris~. ~"' Enactment of AB 8 will save several million medical tax dollars annually, which are currently being expended for the hospitalization, surgery, rehabilitation,. ~d long term care of helmetless motorcycle crash victims. These savings are sorely needed to sustain numerous under-funded medical programs such as trauma centers. I have enclosed a suggested draft ~esolution, which reflects current data relative to the motorcycle accident/helmet issue. Cordially, ~ RIC~A~ ~. 2-]0-89 cc: Trudy Thornton For distribution to Legislative Committee " DRAFT RESOLUTION TO REQUIRE MOTORCYCLISTS TO WEAR HELMETS IN CALIFORNIA We, the members of subscribe: hereby Whereas, In 1987 alone, the California Highway Patrol'statistics ~show that 25,401 motorcyclists were injured and 744 were killed, and 77% of the fatalities were over age 21 and 69% of injured were ~10ver. age 21 with average age of victims being 25; and Whereas, The average hospital bill of an injured motorcyclist is Conservatively estimated at more than $17,000 per individual, and "indirect costs" such as lost wages and physical rehabilitation usually are double the direct costs; and Whereas, California taxpayers are paying more than 80 percent of the costs incurred by injured motorcyclists; and Whereas, Motorcyclist injuries cost the taxpayer more than $64 million a year for hospital bills alone, based on a study of ' motorcycle victim injuries by UC Med Center, Davis; and Whereas, In California, motorcyclists account for only three percent of all passenger-carrying vehicles, but are involved in 12 percent of crashes causing injury; and Whereas, Per mile, a motorcyclist is more than 10 times more ~likely to die in a crash than an automobile occupant; and Whereas, Unhelmeted rider~ have more than 2.5 times as many critical or fatal.head injuries as riders who wear helmets; and Whereas, We are concerned about the enormous financial cost of taxpayers and the unmeasurable, emotional cost to victims in loss of human lives and suffering caused by motorcycle crashes; and Whereas, A mandatory helmet law in California would reduce motorcycle rider deaths'and save the taxpayer millions of dollars annually in medical tax dollar expenditures for care and maintenance of brain damaged helmetless motorcycle crash victims; Now, therefore, be it resolved, that we, the members of the do hereby urge the California Legislature to pass AB 8 to modify the existing state vehicle code to require all California motorcyclists to wear approved safety helmets. BILL ~UM'BER: AB 8 BILL TEXT INTRODUCED BY Assembly Member Floyd DECEMBER 5, 1988 An act to amend Section 27803 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL,S DIGEST AB 8, as introduced, Floyd. Vehicles. (1) Under existing law, it is an infraction for a driver under 15 years and 6 months of age to operate a motorcycle or motorized bicycle on the highway, and for a person under 15 years and 6 months of age to ride as a passenger thereon, unless the operator and all passengers are wearing a safety helmet. This bill would impose a state-mandated local program by making it an infraction for any driver regardless o.f age, to operate a motorcycle or motorized bicycle on the highway, and for any person, regardless of age, to ride as a passenger thereon, unless the operator and all passengers are wearing a safety helmet. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. I BIlL ~UMB~R: AB 8 BILL TEXT THE PEO~PLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 27803 of the Vehicle Code is amended to read: 27803. (a) A driver whe ks u~4er ~§ years a~4 s~'me~ths e~ age and any passenger whe ks unae'r %6 years an4 s~ menths ef age shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle or motorized bicycle. (b)·It is unlawful to operate a motorcycle or motorized bicycle if the driver ·or any passenger is not wearing a safety helmet as required by subdivision (a). (c) It is unlawful to ride as a passenger on a motorcycle or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a). (d) This section applies to persons who are riding on motorcycles or motorized bicycles operated on the highways. (e) For the purposes of this section, wear a safety helmet' or 'wearing a , safety helmet' means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement. (f) ~t ks the ~te~t e~ the ~eg~s~a~ure ~ .In enacting this section, it is the intent of the Legislature to ensure that 6h~%4ren all ~ersons are provided WT~h--~ additional safety 'benefit while operating or riding a motorcycle or motorized bicycle. Ne~h%R§ hR th~s se6~eR spe~'%~%ed he ~h%s see~%en~ MEMORANDUM February 28, 1989 TO: COUNCILMEMBER PAT DeMOND, LEGISLATIVE COMMITTEE CHAIR FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST v SUBJECT: ITEMS BEFORE THE LEGISLATIVE COMMITTEE Per your request, the following list denotes those items currently before the Legislative Committee. (1) Correspondence from Kern Regional Center regarding SB 50, Funds for the Disabled. Referred to Committee February 15, 1989. SB 50 cleared the Senate and Assembly (2/27/89) and is on the the Governor's desk. Needs immediate response. (2) Correspondence from Assemblyman Rich Floyd requesting support of AB 8 (Motorcycle Safety). Referred to Committee February 15, 1989. Response needed by March 27, 1989. (3) Correspondence from Assemblywoman Bev Hansen requesting support for AB 55 (Motorcycle Safety). Referred to Committee February 1, 1989. Response needed by March 27, 1989. (4) Request by City Clerk to revise City Seal Secti'on in the Municipal Code Book. (At the March 23, 1988 Legislative Committee meeting, the Committee decided to delay any City Seal amendment until a later date.) Referred February 23, 1988. Committee decision needed to reactivate this request. Pat, let me know if more is needed. The first three items need to be addressed soon in order to respond in a timely manner. TT:jp cc: J. Dale Hawley Mary Strenn :~: ~ 501-40th Street "' Bakersfield. CA 93301 (805) 327-8531 Main Office KERN REGIONAL CENTER 7 February 1989 'O Dear Friends and Vendors of Kern Regional Center: Kern Regional Center is urging your support of Senate Bill 50, a Regional Center urgency bill to fund a $27 million shortfall in order to continue vital services to our clients .... The Center is in serious danger of .being forced to discontinue vir~a!ly all of its services to you. YOJ ~ NE~D TO TAKE ACTION TO ~ ~ DI.qq~JlYCION IN YOUR SERVIa. The problem is that all of the Regional Centers in the State only received funding to provide services performed by regional center staff for the first 9 months of this fiscal year. This is because the State was counting on receiving $27 million in federal monies to fund case management services and that plan has failed, at least for this year. Kern Regional Center's funding shortfall is almost $700,000. We have 7~en offered repeated assuI-ances fi-om the State Department of Developmental Services that the monies would eventually be made available but this has not occknTred. Kern Regional Center has, in fact, done its part to q~a] ify for the federal iceimbursement. There is no way to cope with this kind of funding loss without vi~.tually closing the Center for April, May and June. ~ IMPACT ON YO3: If the Governor does not sign SB 50 shortly, the Center will have no choice but _. to furlough virtually all of its staff for the remainder of the fiscal year which ends June 30, 1989. If this happens, the Center will have no staff to provide any services to applicants or clients and families such as assessments and evaluations, ongoing case management including arranging for purchased services, monitoring clients who live in residential placement,' managing clients' Social Security funds, and paying vendors for s~rvices to clients. Many experienced and con~,itted staff will be forced economically to take 'other jobs, which means that even with renewed funding in July of 1989, the regional Center system could experience permanent damage to its ability to deliver quality services to you. SB 50 LS SIGNED INTO I2U4 AND ~ RBGIONAL C~qTER'S tI3DG~TS FULLY R~IIM~ED. The enclosed "blue sheets" stmamrize the situation and provide you with a sample FAX (805) 324-5060 Hand-in-Hand.:-.. TDD (805) 327-1251 Promoting Equality, ' l~dependence & O~pportunity letter and space to write your own letter to the Governor. Please get the blue sheets c~leted and sent to either the Governor or returned to KRC as soon as possible (by February 15 at the latest). Also, call the Governor's office. You .and your friends can call any (or all 3) of the Governor's offices. When your call is answered just tell them that yc~ support the Governor's signing SB 50 and that. you support the Regional Centers. Governor's telephone numbers: Sacrmmento (916) 445-2841 San Fr~ncisc~ (415) 557-3326 Los Angeles (213) 736-2373 Thanks for your help and support. If you need more blue sheets or' have any questions, call Kern Regional Center and ask for me, Jeff Popkin or Jerry Bowman.~ Sincerely, Michal C. Clark, Ph.D. Chief Executive Officer MCC: ljm ~-' .~.?-.'.'~!"~:: %'.-.t '.::'.~.TJ','-:~".;-..~ :'.~.';',,: .~;~.,j~'~:£'~,y~ ;":'£'.~7.-:~i~:,~,~:~ r~. ~h %' :/':.~",~'$': ~di~.i~:-:i~ :.:,~%~:: x:~ ¥' ,~.~,:h ,: >:~¢.':'~-'~, ~ .- .,.t,- .: :~. , ,.. ~ i. ~F , .;~' ';' ',. ;", .~:..',:z:r' "¥~. . tr-::: :... ~+..~ . . 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'~.,',;'.;'_"..'~.,'.' :],- ~ :;' ,":':':q:"' U':',',' :' ' ' : . . : .... ..,z ' ,.,.;,...:,?.~,, ...... :...... .:..,-,. .::., .,.:?. ?...,..-.. ?..-?.?ai~ .,:,.:,:. ,...,, . - ...... · . . .. ~ ....,:. .':..'~;:t,~:~,~'~%:~.:i~, ~i., B~i :.:..50;,/:. ~,:,?~~?: ~e::~ $27.'< roll,one, w~d.. fr~a;'- ~o~ ~ :. :..:... · . , ~',' .:.4' :Z::'$~'~t~ .... f='~ ' ' ' ': ~ ' ' - .'..,..,.,~u.~,..,~ ~, ~. y~...,,, ~ md,~r~ ~e, ~zo~ ~~ w~l ~ ~ of m~ ". ......... ~:-:,,.:'...f~.,.;'%'/'n~' ' ': - ,'.:, ' ",:' ',.-' . ..... -z ' · . - , ' · ' . Y . ",:c :" ',' .&;::2;?:'(~'~?~}~[~[go~.: ~tzl ~f~ ~:{.~.~:.~`.~2~.:~;~::):.?~t~`~.;~;~?~;:~:~¢:~:~:~:.~`.~:~ ': ~ :'~:¢t~?';~':~ ~:,~ Help .~ ~ ,. ~. ~:.:..¢~., We:,. ~'~ ~de ~, ~e ~.. ~~r ,~ ~ ,%:;:-:;..;,:,.'z?~:.,~;,~z~c ~. pl~. for '~...y~.,r?. (N~' y~ s ~~r s p~ ~et ":':%t!.7~,;:.~J(R:~;/.,: . '. ' - 'f ' , ' '-"'~ '':~ ~; <' :: .... ., ", .... , ,- :fi',., .... -.J.. · ,:...-,.,~......,.,.:,~ . . · · - ..;: · .. .... -. . · .... '.':".~:~".t.~'~:, ~~r ~ si~ SB-50;,.'?~: A ~le';is p~id~..9:. Rem' ~s ~~ ~ ~io~ ',~:'~;-..:: ';' · ' ...........~.., .:.'..,.": '..-"~'.~.:"' ~/'~ :::: :., ,~... 501': '~ 4~.' S~t;": ~field;~- ~ 93301 '~'~-":~?~:~:~' ~~r'.s offi~ or.'.~'::it ~y ~.~e : ......... , ., ,, ............ :. :.. MEMORANDUM January 24, 1989 TO: LEGISLATIVE COMMITTEE; Patrtcia DeMond, Chair Kevin McDermott · Mark Salvaggio FROM: TRUDY THORNTON, ADMINISTRATIVE ANALYST k~'~ SUBJECT: LEGISLATIVE COMMITTEE MEETING OF FEBRUARY 1 (Property Tax Relief-Proposition 60 and Proposition 90) The attached information is provided for your information in addressing the issue of property tax relief for seniors 55 and older. If you have any questions regarding either proposition, please try to give me a call beforehand at 326-3769 as time available for the meeting is constrained. Thank you. Attachments (LC012394) , PROPERTY TAX RELIEF PROPOSITIONS 60 AND 90 Synopsis At the City Council meeting of January 4, 1989, the City Council referred to the Legislative Committee for review a letter from James Maples, Kern County Assessor, regarding Proposition 90 (passed at the November 8, 1988 election). Proposition 90 requires counties to consult with local affected agencies within their borders before implementation of the special valuation program (property tax relief for seniors across counties) by county ordinance. Proposition 90 was preceded by Proposition 60 (passed in November of 1986). Proposition 60 allowed homeowners over the age of 55 to transfer the assessed value of their present home to a replacement home located in the same county. Special requirements had to be met in order to qualify for this transfer of assessed valuation and included the homeowner buying or building a replacement home within two years of selling the previous home, with the replacement home being of equal or less (market) value than the home being replaced. Proposition 90 authorizes the Legislature to extend the existing special valuation program to homes located in different counties, if the county in which the replacement home is located has agreed to participate in the program. . In order to participate, Kern County must adopt the special valuation program by ordinance which would apply only to replacement homes acquired on or after the date on which the county ordinance is adopted, but no earlier than November 9, 1988. The Board adopted such an ordinance on January 3. The ordinance is now going through a 30-day review and public notice period before becomin~ effective February 2, 1989. Jim Maples, Kern County Assessor, indicates that the negative effects of Proposition 60 (i.e., lower assessed value on home purchased by seniors) have basically been offset by the increased assessed value of homes sold by seniors to new purchasers. He feels that the passage of an ordinance to allow inter-county property tax assessment transfers should have a minimal negative effect on Kern County and cities therein. Mr. Maples recommended that the County pass an ordinance to implement Proposition 90. (See attached letter from Mr. Maples re Proposition 60 effects.) Pros and Cons Pros: Proposition 90 (Elder) allows Kern senior citizens, 55 years of age and older, the opportunity to transfer their base year property tax assessments to replacement homes in other California counties if those counties have agreed by ordinance to accept such transfers. It also 9ives Kern County the option of accepting transfers by seniors from other counties. Seniors would face less of a tax burden that presumably might prevent them from finding affordable housing at recently evaluated tax assessment rates. An argument has been made that it will allow younger families to obtain houses which would fill their space needs while allowing seniors .the flexibility of moving to smaller houses as their families would have decreased in household space needs. Seniors could use to advantage the property tax relief measure when moving, for example, to be closer to their children, grandchildren or other friends or relatives. Cons: According to the State's Legislative Analyst, revenue loss in property tax collections resulting from the implementation of Proposition 90 would depend on the extent of county participation, the number of qualifying homeowners, and the value of dwellings involved. The property tax ~evenue loss would not exceed $20 million in the first year if all counties participated (statewide) and could be substantially less. The revenue loss would increase annually. Sixty percent of the loss would be borne by the cities, counties, and special districts. (The remainder would affect school districts and community college districts. Under existing law, the State General Fund would offset the schools' losses beginning in 1989-90.) Kern has a lower than statewide average for property taxes and would bear 55% (rather than 60%) of the revenue loss. Of that, Mr. Maples "guess-timated" that the City of Bakersfield would absorb that potential loss at about a 10% proportion. Note: California citizens as a whole passed Proposition 90. In addition, both Kern County and Bakersfield citizens passed the proposition by substantial margins: Kern County, 65% for, 35% against; Bakersfield, 66% for, 34% against. Attachments: Council referral, January 4, 1989 Letter from Jim Maples, dated December 22, 1988 Copy of County Ordinance G-4917 1988 Proposition 90 Sample Ballot Information 1986 Proposition 60 Sample Ballot Information (prepared by T. Thornton, 1/24/89) LC012392 CITY COUNCIL REFERRAL MEETING OF: JANUARY 4, 1989 REFERRED TO: LEGISLATIVE COMMITTEE - TRUDY THORNTON ITEM: COUNCIL STATEMENTS 12. COUNCILMEMBER DEMOND REFERRED THE ISSUE OF PROPOSITION 60 AND PROPOSITION 90 - PROPERTY TAX RELIEF~- TO THE LEGISLATIVE COMMITTEE. ACTION TAKEN BY COUNCIL: NONE BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: JANUARY 9, 1989 STATUS: REFERRAL13 .lAMES W. MAPLES Admini~tratio'n and Courts Building Kern Counl~ Assessor ~ ~~ 1415 Truxtun Avenue Telephone (805) 861.2311/ December 22nd, 1988 To Whom It Hay Concern: ........ In November, 1986, California voters passed Proposition 60. Tt~is initiative and implementing legislation provides property tax relief for homeowners who are over 55 years of age and meet certain other qualifications. The major benefit allows the homeowner to transfer the base year value from their original residence to a replacement dwelling. Proposition 60 required this transfer of base year value could only occur within the same county. Proposition 90, which was approved by the voters this past November, extends the provisions of Proposition 60 to allow transfers of base year values from one county to another if the county receiving the transferred base has adopted an ordi- nance making the. provisions of Proposition 90 applicable to that county. The ordi.- nance can only be adopted after consultation with the local affected agencies within the county's boundaries. This information is provided to you for that purpose. As of November 1988, &6 transfers have been processed, receiving Proposition ~60 benefits. The estimated property tax loss as a result of transferring the base year value to a replacement dwelling is approximately $15,549.00. On the other hand, the increase in property tax revenues due to the sale and reappraisal of the original dwelling has been approximately $22,000.00. Another consideration is that people will be moving into Kern County from other counties which have adopted similar ordinances. Sincerely, JWH:kc DEC 3 ~ :~ ORDINANC~ NO. G-4917 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ALLOWING QUALIFIED HOMEOWNERS TO TRANSFER THE CURRENT ASSESSED VALUE OF THEIR PRESENT HOME WHEN THEY PURCHASE A REPLACEMENT HOME OF LESSER OR EQUAL VALUE IN KERN COUNTY WITHIN TWO YEARS OF HAVING SOLD THEIR PRESENT HOME LOCATED IN ANOTHER COUNTY OF GREATER OR EQUAL VALUE The following ordinance, consisting of three (3) sections, was duly and regularly passed and adopted by the Board of Supervisors of the County of Kern, State of California, at a regular meeting of the Board of Supervisors held on the 3rd day of January , 1989, by the following vote, to wit: AYES: Ashburn, Austin, Hettin§er, Shell NOES: Larwood ABSENT: None Chairman of the Board of Supervisors of the County of Kern, State of California ( SEAL ) ATTEST: SUE LASITER Clerk of the Board of Supervisors By~~~ ~. ~____-~)~ , Deputy Clerk THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS FOLLOWS: Section 1. This ordinance shall take effect and be in full force on and after the 2nd day of February , 1989, and shall be .published once in the Bakersfield Californian , a newspaper of general circulation, published and printed in the County of Kern, State of California, together with the names of the members of the Board of Supervisors voting for and against the same. Book No. 8911080 Ord. No. G-4917 $ectton 2. Any person over the age of fifty-five '(55) who resides in property which is eligible for the homeowner's exemption under subdivision (k) of section 3 of article XIII of the California Constitution, and any implementing legislation, may transfer the base year value of the property entitled to exemption with the adjustments authorized by subdivision (b) of section 2 of article XIII A, to any replacement dwelling of equal or lesser value located within Kern County and purchased or newly constructed by that person as his or her principal residence within two (2) years of the sale of the original property located without Kern County pursuant to Section 2 of Article XIII A of the California Constitution (Proposition 90) as amended, and implementing legislation. This section shall apply to any replacement dwelling which was purchased or newly constructed, on or after the effective date of this Ordinance. Section 3. For purposes of Section 2 hereinabove: 1. The term "any person over the age of 55 years" includes a married couple one (1)' member of which is over the age of fifty-five (55) years. 2. The term "replacement dwelling" means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. 3. The term "two-dwelling unit" shall be considered as two (2) separate, single-family dwellings. DSB:drb/02 assess.dsb 88. 190 Assessed Valuation. Replacement Dwellings Official Title and Summary Prepared by'the Attorney General ' ASSESSED VALUATION. REPLACEMENT DWELLINGS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Currently, homeowners over the age of 55 may, under certain conditions, transfer the current assessed value of their home to .a replacement dwelling of equal, or lesser value located in the same county. This authorizes the Legislature to permit the transfer of assessed valuation to replacement dwellings located in different counties if the county of the replacement dwelling adopts an ordinance participating in the program. Applies to replacement dwellings acquired on or after a'county ordinance is adopted, but not before November 9, 1988. Contains provisions concerning the effective date of amendments. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: By itself, this measure would have no direct fiscal effect because it merely authorizes legislative action. If implemented, it would reduce property tax collections in an amount which would depend on the extent of county participation, number :of qualifying homeowners, and value of dwellings involved. The property tax revenue loss would not exceed $20 million in the first year ff all Counties participated and could be substanti .a.lly less. The revenue loss would increaSe annually. Sixty percent of the loss would be bomb by the cities, counties, and special districts. The remainder would affect school districts and community college districts. Under existing law, the State General Fund would offset the schools' losses beginning in 1989-90. Final Vote Cast by the Legislature on ACA 1 (Proposition 90) Assembly:. Ayes 77 Senate: Ayes 36 Noes 1 Noes 0 Analysis ·by the Legislative Analyst ' Background counties must adopt the special valuation program by Current law allows homeowners over the age of 55 to ordinance. The program would apply only to replace- transfer the current assessed value of their present home ment homes acquired on or after the date on which the county ordinance is adopted, but in no event earlier than to a replacement home located in the same county. This November 9, 1988. program provides qualified homeowners with an exemp- .. tion from the increased property taxes they would other- Fiscal Effect wise pay. ~ .... . - This measure would have no direct state or local fiscal To. qualify for this special treatment: effect, because it merely authorizes the Legislature to · The homeowner must buy or build a replacement adopt its provisions. home within two years of selling his or her previous If implemented by the Legislature, the measure would home; reduce property tax collections. The amount of this · The replacement home must be of equal or lesser revenue loss would depend on the number of counties value than the home being replaced; and that choose to participate in the program, the number of · The hOmeowner must move within the same county, qualifying homeowners, and the value of the original and replacement homes owned by these individuals. Proposal This property tax revenue loss would not exceed $20 million in the first year if all counties choose to partici- This constitutional amendment would authorize ~he pate, and could be substantially less than that amount. Legislature to extend the existing special valuation pro- The revenue loss from this program would increase gram to homes located ih different counties. If imple- annually. ' mented by the Legislature, this proposal would allow a Cities, counties and special districts would bear approx- qualified homeowner (age 55 and over) to transfer the imately 60 percent of the revenue loss. The remainder of current assessed value of the original home to a replace- the losses would affect school districts and community ment residence in another county, but only if the county college districts. Under existing law, the State General in which the replacement home is located has agreed to Fund would offset the losses to the schools and colleges participate in the program. In order to participate, beginning in 1989-90. 48 G88 i -- Text of Proposed Law ~ This amendment proposed by Assembly Constitutional constructed prlc. r t~ t~e cffcz~;'e date ~f t~is paragrapF. Amendment 1 (Statutes of 1988, Resolution Chapter 64) on or after November 5, 1986. expressly amends the Constitution by amending sections Second--That a third paragraph is added to subdivision ii thereof; therefore, existing provisions proposed to be (a) of Section 2 of Article XIII A thereof, to read: deleted are printed in s.~'.i'~c.c, ut .~'F.c and new provisions In addition, the Legislature may authorize each county board of supervisors, after consultation with the local ~ proposedthat they tOarebenew.added are printed in italic type to indicate affected agencies within the county's boundaries, to adop.t an ordinance making the provisions of this subdi- ce PROPOSED AMENDMENT TO ARTICLE XIII A, SECTION 2 vision relating to ·transfer of base year value also appli- ~e First--That the second paragraph of subdivision (a) of cable to situations in which the replacement dwellings :d Section 2 of Article XIII A thereof is amended to read: are located in that county and the original properties are al~e However, the Legislature may provide that under located in another county within this state. For purp°ses appropriate circumstances and pursuant to definitions of this paragraph, "local affected agency" means an~t and procedures established by the Legislature, any per- city, special district, school district, or community college son over the age of 55 years who resides in property district which receives an annual property tax revenue · which is eligible for the homeowner's exemption under allocation. This paragraph shall apply to any replace- ' subdivision (k) of Section 3 of Article XIII and any ment dwelling which was purchased or newly con- implementing legislation may transfer the base year· structed on or. after the date the county adopted the value of the property entitled to exemption, with the provisions of this subdivision relating to transfer of base adjustments authorized by subdivision (b), to any re- year value, but shall not apply to any replacement· placement dwelling, of equal or lesser value located dwelling which was purchased or newly constructed .within the same county and purchased or newly con- 'before November 9, 1988. strueted by that person as his or her principal residence 'Third--That subdivision (i) of Section 2 of Article within two years after of the sale of the original property. XIII A thereof is amended to read: .For purposes of this section, "any person over the age of (i) Unless specifically provided otherwise, amend- 55 years" includes a married couple one member of ments to this section adopted prior to November 1, 1988, which is over the' age of 55 years. For purposes of this shall be effective for ehang~ ~f z;vr. cr;,'-.ips changes in section, "replacement dwelling" means a building, strue- ownership which occur, and new construction which is ture, or other shelter constituting a place of abode, Completed, after the effective date of the amendment. whether real property or personal property, and any land Unless specifically provided otherwise, amendments to on which it may be situated. For purposes of this section, this section adopted after November 1, 1988, shall be a two-dwelling unit shall be considered as two separate effective for changes in ownership which occur, and new single-family dwellings. This paragraph shall r.c,t apply to construction which is completed, on or after the effective any replacement dwelling which was purchased or newly date of the amendment. G88 ~ 49 90 Assessed Valuation. Replacement Dwellings Argument in Favor of Proposition 90 This is an important tax relief and housing measure for interest in moving to other counties in California so that California senior citizens. Why should seniors who wish to they can be close to their children, grandchildren or take advantage of Proposition 60, which passed on the other friends and relatives. November 1986 ballot with 77 percent of the vote, be Accordingly, Proposition 90 does two things: prevented from moving to another California county? If · Allows senior citizens, 55 years of age and older, the voters approve Proposition 90 they will ease this restrie- opportunity to take their lower property tax assess- tion by permitting counties, at their option, to accept ments to replacement homes in other California Proposition 60 transfers from other counties, counties ff those counties have agreed to accept such As you may recall, to qualify for Proposition 60, the transfers, and property must be: · Gives counties the option of accepting transfers by · Purchased by either (a) a person over the ag.e of 55 seniors from other counties. Further, Proposition 90 years or (b) a married couple ff one spouse ~s over calls upon county boards of supervisors to consult the age of 55 years. ' ' ,. ' - · Eligible for the homeowners exemption, with other affected local government agencies, such · Purchased within two years of the sale of the original as cities, within the counties' boundaries, before deciding to accept transfers. · Such consultations would no doubt include a determi- property. .... With the passage of Proposition 60, California created new housing opportunities for senior, citizens by easing a nation ff any tax revenues are likely to be lost. But they property tax burden that prevented many of them from should also include an examination of the benefits that finding affordable housing. Older homeowners, are pro- seniors can bring to their eornmunities. For example, teeted from huge property tax increases when they since seniors rarely have school-age children, their arrival choose to sell their larger family homes and move into does not contribute to further school overcrowding that smaller replacement residences. At the same time, it many communities are now facing. By approving Proposition 90, we can help increase our helps many growing families find the larger homes they senior citizens freedom to live where they choose and at need. As a result, more seniors are able to enjoy the 'rewards the same time help more young families have the oppor- tunity to achieve the American dream of homeowner- of years of hard work, and new buyers, many of whom are young families, are able to enjoy the home that served the ship. seniors so well for so many years. DAVE ELDER Unfortunately, because some local governments feared Member of the Assembllh 57th District a loss in revenue they were able to remove the provision CECIL GREEN in Proposition 60 which would have authorized seniors to . State Senator, 33rd Distrie't transfer their lower property tax assessments across JOSEPHINE D. BARBANO county lines, or, in other words, from one county to Chair, California State Legislative Committee another. However, many seniors have since indicated AraericonAssoeiation of Retired Persons . · Rebuttals to Argument in Favor of Proposition 90 The Legislature should offer voters a comprehensive with normal tax rates, based on current values.' amendment to Proposition 13. Here are some possibilities: Ima~ne ff income taxes used that principle. (1) Reduce the assessed value of all property to the You d pay based on your income when you started your 1975 levels established for some owners under Proposition present job. Every April 15th, you'd file yo,ur 1975 tax over again--unless ~tou changed jobs (then you d pay l:ased on 13. Homes built since 1975, for example, would be taxed at current income). a level reflective .of the area's lower property values in That's how Proposition 13 handles property taxes( 1975. Proposition 60 expanded this, letting homeowners over (2) Periodically reassess all property but provide for an 55 move within county without losing "seniority." automatic reduction in the tax rate so that government Proposition 90 goes further, allowing moves to other does not get more money just because overall property counties. ~ values go up. "Affordable housing??" For other ideas, I assign the remainder of the rebuttal No, a seam letting a fortunate few avoid normal taxes. to a group with which I have no affiliation. THE WEALTHIEST BENEFIT MOST; THE POOR NOT GARY B. WESLEY AT ALL. Attorne~t at Law Instead: base all taxes on realistic, current values. OVERALL TAXES COULD THEN BE LOWERED PROPORTIONALLY. If we lower taxes, shouldn't everyone benefit? Proposition 13 gave longtime homeowners lower taxes than new homeowners with equal property. That's discri- Vote NO. mination--unfair and irrational. PEBBLES TRIP?ET But when they move, they become' new homeowners, San Francisco Grassroots 50 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency · (~88 Assessed Valuation. Replacement Dwellings Argument Against Proposition 90 This measure is another proposal by the Legislature to assessments with them when they have purchased a amend Proposition 13, a constitutional limitation on prop- dwelling in one county (on or after November 5, 1986) erty taxes approved by voters in 1978. within 2 years of having sold a dwelling in another county Under Proposition 13 (now Article XIII A of the Cali- of equal or greater value. A 1986 amendment to Proposi- fornia Constitution), assessed property values generally tion 13 only allowed such persons to retain their old are frozen at their 1975 levels; however, property is assessments if the replacement dwellings purchased were reassessed and higher, property taxes are imposed each in the same county. time the property is 'purchased, newlg~ constructed, or a Surely, it is unfair to impose higher taxes on persons (of change in ownership has occurred after the 1975 assess- any age) when all they are doing is moving to more ment." suitable quarters. As a result of this reassessment each time property At least persons who sell one home and buy another of changes hands, new owners are required to pay far more equal or lesser value have the money to buy the new in property taxes than do their neighbors whose property home. Consider the plight of first-time homebuyers. They has the same value but was purchased earlier when must pay the sky-high current price for a home in- California by mortgaging their futures and committing property values were lower. . In addition, this automatic reassessment provision has most of their monthly income to pay the mortgage. It is caused a gradual but massive shift of the overall property the height of unfairness that these persons should suffer tax burden from owners of commercial and industrial · the additional penalty of paying sky-high property taxes property (which is often leased but seldom sold) to based on a brand-new assessment of the property. A "no" vote on Proposition 90 may send a message to owners (and renters) of residential property. Instead of offering voters an amendment to Proposition the Legislature (and Governor) that voters want to be 13 which would correct these inequities, the Legislature offered a comprehensive amendment to Proposition 13 proposes in this measure to retain the basic flaw but which would eliminate the unfairness to all new owners permit ~unties to exempt a relatively small number of and renters created by the automatic reassessment pro- persons ia'om the unfair tax burden the automatic reds- vision. sessment provision places upon new owners ar/d renters Let's stop tinkering with Proposition 13 and get on with of residential property. . correcting the basic flaw. Specifically, this measure would permit counties to GARY B. WESLEY allow persons over the age of 55 to bring their old Attarne~j at Law Rebuttal to Argument Against Proposition 90 The opponent of Proposition 90 is fight on one count, friends. Proposition 90 will not make major changes in the · Republican and Democratic legislative leaders back voter-approved measure known as Proposition 13. Prop- Proposition 90 because it helps correct unfairness in osition 90, like Propositions 13 and 60, helps ease the our current property tax laws while maintaining the property tax burden for senior citizens by permitting tax relief provided by Proposition 13. them to transfer their lower property tax assessments to By voting for Proposition 90 we can help give senior other counties, citizens freedom to live where they choose. ' -~ Republicans and Democrats agree that Proposition 90 . Please remember that Proposition 90 stands for fair. encourages the transfer of underused, larger homes to ness. Proposition 90 helps our seniors and at the same younger, growing families, time it helps young families by increasing the supply of · Not one taxpayer association has opposed Proposition larger homes available for purchase. We urge you to 90 because it, like Proposition 60, will help senior support Proposition 90. On November 8 vote "yes" on 90. citizens to improve their housing without being HENRY J. MELLO penalized by excessive taxation and allow them to state Senator, 17th District take their lower property tax assessments to other Chairman, Senate Subcommittee on Aging counties ff those counties agree to accept transfers. WILLIAM GAMPBELL · Proposition 90 will allow older Californians the free- State Senator, Mst District dom to sell their homes in one county and move to Chairman, Joint Legislative Budget Committee another county, without paying excessive property PHILLIP ISENBERG taxes so they might live near family members or Member oftheAssembly, lOth District G88 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency 51 Official Title and Summary Prepared by the Attorney General TAXATION. REPLACEMENT RESIDENCES. LEGISLATIVE CONSTITUTIONAL AMENDMENT. State Constitu- tion Article XIII A, enacted as Proposition 13 in 1978, with certain exceptions, places a limitation on real property taxes equal to 1 percent of the value of its assessed value listed on the 1975-1976 tax bill. Property may be reassessed on change of ownership. This measureamends Article XIII A topermit the Legislature toallow persons over age 55, Who sell their residence'and buy or build another of equal Or lesser value within two years in the same county, to transfer the old residence's assessed value to the new residence. SUmmary of Legislative Analyst's estimate of net state and local government fiscal impact: This measure has no' direct 'state or local fiscal effect unless the Legislature passes laws implementing lit. If the Legislature passes such laws,· property tax revenues would be reduced. The loss of this revenue · would probably amount to several million dollars per' year beginning in 1987-88. Cities, bounties, and special districts .would bear. 60 percent of this 'loss? The other 40 pbrcent'would affect community college and school· districts:, Higher' state .aid t6 eomnSunity'college.and school.dis~igts Would offset..thesS:losses;:Th~ State General. Fund .would ,bear the-: ~ ............. ':%.' ~'.'.~<s:~;;~ ~..~.:. ~ ........... ~.~,*., ,,.~'-~ .',~'t~,'~* ~ '~i~':'.",~ .... ,.~ .: ........ ~ f.~ ~,<.,.,~.'~,~..t~, ~ t~ "~ .c~ ~'t'L?~,.*'::' ~.~!'P~:',.':',~::~;:~'~v?:'.z',~,e? · ''.'" ' ............ ,.' .' .'.'- , ~ ' "* ......... "'.'" ' .....'. ....' ' ' ...... '. ..... '"~ .:/~'~ "'~'.' T~" ?" ..; ": ...... z.'~;'~Z:-y ...'i, :~..~!,k~:~:~!Z.d?s.?,t!~p:'?~,,:.Fmal.Vote ,Cast by. the Legislature on ACA 5 (Proposition 60/~::~:.~ ~ :.~.:~.~?:,:-,.;~.:t,~,~ :: .'~.~t~..~ +~et-~.4:~, ~ ~; ~,; d,. ~,,~,~,>.~ ~,~¥-~',~v'.~.,~ ~¥.~.~.* .. ~O~s.t.O,m-~,,:~x~,t,-.~,~;~, -~ Noes ~. t.~..~ ~ ,g~,;i ~ ,~ ..... - ..... , ~;-~ .,~ ,~-~", .vgu& This value is either the property's 1D7~76 assessed;~:~::;:~:'. the sale og the present property. ............... v~u~, or i~ market value when "p~rehased, newly eon,~,¢.~tth~ me.ur~ ~ould a I ~ t:¥f "' ':'' ;- ': '::" ":" ~.~:~true~d;.~6/~'a eh~g~' of 6~nbrshiP h~' 0c6u~ed.affe~ th~?.'~::;~ ., . , PP Y .~. ep~cement.property'pur-:~::?~ 1~5 ':md~ss~ent~E:. The".~essed:~alu~'~h~ifi~re~6'~ ~t"~.~.S~9.°~ n.~wwy'eonstrueted oh.or alter;November 5, th~,owne!. Othe~se, the ~essed v~ue may increase tol~?~.., ~,:.. ....... :'"':" '" ;'?:" -. ' :; ........ "-: ~:" : ...... . :_~_c_a ~: . L_ zd ~ - -~-" ~ . ' ~ ': ''"< lfllS measure nas no olrect state or local effect because lgllgC[lllllaaOll~O~[ vy no more man z nercen[ caen -ear,' '"" ''~, ' . . oxy, le~s than i~ current marke~ V~u~5~"?'~j(~?~?:f'.:~:~iT~':~: ~ ..... ~.~?~:~.~/': '";( '?~' ~'(,:!>~'~:(~5.~?~:;i':~:~?.'.'~ .'~'.?. '~'):)~'.',;': ',~:> ......... -',. i'~.~'"';"~'~i':~,.~'~, ', ';'-:> ~'~" '~s~ . ;" "~. l~:-""- ;T;,"*4~c ":' .;~,x,~ the laws tor:'x~ xm lementatlon, the amen ~ ...... . ......... ~ ............... ~..,~< ............ ,,... . P ..... . .... . . . .... ~.. ,.;;...... .:-9 m eons~tufiona.: amendment.-'would authorize' the~.t;.,.reduee proper~ tax revenue': eollee~ons These revenU~:~,."': 'Lc i ...... "''' ' .... "":"' '"'* ' "~'~'~"~ ...... '~' ' ' ' ..... g sla~re to prowae a speei~ method of establishing .'" losses probably would amount to several millions of dollars ~sessed valu~ for replacement residential property se- ~: '. per year, beginning in 1987~ Cities, co~ti~S,' and s · ' *'- · :'z · ..... ,:;:; 2':' ' . -'.' , ' .... · · ' "';.,r.~. ...... ;.. . P., "~'>:' qmred bya homeowner' over' the age o~ 55. 'SpeciHc~lvi';~Z'ezM dzs~xets would be~ apVm~matelv ~ oereent of th~ tMs me'od wOuld'alloW ho~d0'Wnerk over.the 'a~e"of gg"~;::>~':*"' rS{ehd~ lbS~':i¢5;,;.:).,',a::?-~-;>':~',~i~i~')~,..:%:',- ?;~? ',~.~'~;'~.,' v.~ ?~...,...:>~; ' -':. ...... . ...... . . ~ .' ?,-::;, ;:5~ t ....... ,:.., .... l;a.'s)¢ ':';:::,' '4, :.:., :..:~';;~;~ ,;i~ :' ~ '. ,.,.~ ,'~.i.~ ~;, ~.~ ~t ,: :.,; ~}': to ~ansfer ~e. ~se~sed v~l?e ?f mexr present home to d'~.???. ~e rem~nae~ of the losses ~ou]d affec~ sch'~o] di~i6td"~;:'.~'. [epiaeement ~ome located m the s~e.coun~.' To qualify?':'~"':and eo~uniW college districts. Under existing law, high:' for this special ~ea~ent, the replacement homemust be~ ...... er state aid would 'offset'theSe losses. The State General .- Purchased or newly constructed ~ a replacement for.??- Fund would-bear the cost for the higher aid,'begi~ing the person's principal residence; · . . . "...:;;.~... '~.. :'":'"'. 1987~8... ;..~..'... ~ ;' '":~J:" .:-.:.,...::..,:.'. :~.~..;,,. .. . . , -.:,.~.~:,',(.)~ . ~ ' . · . ~' . ... /,., ,.., . . .*" , .:; '. ....,~.' · · ...,.....f.~:..:: .:: '~...', · . . .... ~:. .'~-.; .... ..... ... '~.,~ ..... ,;;..'....:: ~ ;';,;:,., .'...:,.. :.~ ..... -:,.,~, .....-- . .;,.,',.., ,. .... . .... . :.i~,,-.. ..... ,',. ,; ..... . .... :, .,:- .. ?,: . .,-.:. .......... .,.,. -.,. ?,,.' .:. ,?.;:,,.<, .~,...,.:~, ,.:, : .. ,.!... ..,,: .. /( . -. ........ .>: ....... ,,.:; ................ , .... ,..,,~ ....... . ., . . : ,.. ?, . ..~ . .,.:~;~ ......, . ... , . .. · · . ..... . .. ..... .,.,: . .... ..... .;,., .... ,,: .? ::>..:. . .. /. '.' .'..:. ....... . ,.......: . ':.,~ :.;...;'.,:.:' <.::).'~.~. :.:,::. :,:'..:)"~,:/::.'~..: ..... ., . ... <' ... . ..... :... .... :,.., .~.; ......... , ~ .... 32 G86 ,, Text of Proposed Law This amendment proposed by Assembly Constitutional ~, .~ ................. ~ .... ,., ....... Amendment 5 (Statutes of 1986, Resolution Chapter 75) expressly amends the Constitution by amending a section - '. ' ....... :'~ '. ...... . thereof; therefore, existing provisions proposed to be de- ':. ' .... to indicate that they are new. . ...... ~'~';~ ........ ~;~'"~/" "' """ "' ~" ~":'~:~:'~,.':~PROPOSED AMENDME~ TO ARTICLE XIII A, , "; ..... > .... : ': .:.'<.-,,: ... '. .~ ;: 'assessor's Valuation of rem property as shown on the 197~ ;"'"'" ~' ~ ;" ~'::' :'~"';::'~""""::. .... "' :~::'::"'"' 76 tax bill under "full cash value" or} thereafter, 'fhe 'ap- .... - ......... ;~,.~; (.. .............................. .-~ pr~sed value of real ~rovertv when urchas . ~:. .,~ .... , .... ,.:.,.~.. , .... ~..., ...... up to the 197~76 fu~. c~h v~ue ma be ' .. - ' · , propnate c~rcumstances and pursuant to deanitions <d''~ "" .' ,[ ,".' .' ':- '.,." , .or n~wI~ construc~ed Prior to the ef[ective date o[ t~i~ [ 5:~]t ......... ': ,, '~, ,-..'.~.~t. :...:.' ' .. .:,' ':. :.'~ 't. '...~'2'[C.~':~?.. y,:~.'; · ' ' - .... ' ,' ...... ' ..'.',-. · . · ' ,~..,,..22,. G86 33 ·" Argument in Favor of Proposition 60 California can create new housing 6pportunities for sen- Legislature to provide that the base year value of owner- ior citizens by easing a property tax burden that now pre- occupied residential property can be transferred for sen- vents many of them from finding affordable housing. At ,~ iors to newly Purchased or constructed owner-occupied the shine time, we can help many young families find their ' residential property of equal or lesser value. . ' first homes. This proposition will do both by protecting ... .To qualify for ProPosition 60, the property must be:' older homeowners from huge property tax increases when" (1) A replacement for property located Within the they choose to sell their large family homes and move into same County. ' ' ' - . ' new smaller residences. As a result, more seniors will be: .... (2) PurchaSed by either (a) a person over the age of 55 able to enjoy the rewards of years of hard work, and new ' ' years or (b) a m~rried couple ff one spouse is over the age buyers, many'of whOm are.young families, will be able t0~,? of 55 years'~??i.:,!::~i'.:i~:: :'- :", ...'~..;~::,.~..:. .': .... .'... ;' ~::¢~? !: ::. enjoy: the homes, that' served,~,h..~?..~e~o[,s. - so well for.'sR::~.~,:7!;. :i (3). Eligible for the homeoWners' exemtion ?:!;'t::it :¢;: ~ ' Unfortunately, today, our prOperty tax system'leads' t°'"nal p/'operty~: ' :"'..' ' . '. ::":~:. :, ' just the opposite result. State law requires residential..:..,.;. Local ~overnment ~hd scii;°iS' will not' l°se revenue -: .property to be assessed.at its full 'Cash value .upOn change }';'!i' fi'om this-measl]-re. This'is tru. e because when seniors sell ":'. of..ownership or when'R ha~ been'*newiy eonstrueted~?.i':? their larger.homes for Current market prices it will create' ' That's" good for'seniors, who:wan[' to remain 'in theii:(':'?neW PropertY tax revenue'i That new-revenue will .Offset ".d move to a new address because they are likely to find a '!.:'~" By.approvin,g P~0positi0n 60, We can'help in~reas~ our '. - much higher property tax assessn~ent when. they 'get '::::'~enior citizens free'iota to live-where they Choose and here' And. !t,S bad for a lot of would-be first-tinfe .home¥~" help many young families have the opnortuni to achieve ' ':¢!~ b,uy,e, rs,'who cannot afford, n. ew!y' bUilt 'hOmes but Woul~l}:5:5!:-' the'Ttmeriean dream.of hom;~ d'~',,-~;hv-'.'..;'"~<.:~ .,,: '.':~.;': .'.."'~ ' ..... ii!''1:,~ ~ .The solution is to let seniors whb want to' sell their i'"'~'Y} MemOero£ .... o.i~ .......... *vu-~ muar..'.m mexr montmy Income to. puy' a','.'. 'd0~ proper~ t~es for some hbme0wners; land]ord~ andT~':~ h0u~e ih today ~' ~a~ket? Fi~st'-time home b~ ers have: .... ............... * .... . "..' ...... ' ........... '.'"',,' ....... ,:.,,~..- nouse to sen and trade up."Why should they be addition-' . Pro o tion oor,y ."y .rd n d hey ho. d pro,stun h~ created perhaps the most unfMr Property't~ ~*.~'::Tit~ actually'does NOT gUarantee any exem~tio~ for home- **" 'system in the entire United State}:'..::" ...... :/% .*..::,.~.;..,.:i, ?'..;; bwners over ~5.*'Th~ measure states that "the Legislature'''~* "The Legisla~re and Governor should have offered v0~:~:'~.'- 'may*provid4 for Such an exemption..:."-:'*.'::. :- ·/~..~,'. :.~,,:; ,.:*, ~., :. · ers a comprehensive amendment to Proposition 13 long . Furthermore, if a. perso~ over 55 were to purchase a ago~ Instead; they continue to propose exemptions from":*':" mOre expensive h0~'or any hdm& in another county., the reassessment for the privileged few. Maybe the aim is. t0. exemption would not apply! The new home would be re~- divide and conquer California taxpayers..'. . '*' sessed and higher property taxes imposed.. '.. .. Certainly, older persons (and 55 is ancient!) should be*.' Proposition ~ i~ not the answer. Let's stick together and allowed to move without facin~ reassessment and higher ' demand a Compiehensive amendment.. * property taxes. ' ' ' GARY B. WESLEY BUt what about younger persons who must.qualify [or a ' " Attoo]ey at ~ .... 34 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency GS§ Replacement Residences Taxation. ~r~- '" ...... " '~ ".' i' :~i.:~.I~ '." Argument Against Proposition 60 This measure is another proposal by the Legislature to proposes in this measure to retain the basic flaw but give amend Proposition 13, a constitutional limitation on prop-, itself the authority to exempt some persons from the un- erty taxes approved by voters in 1978..', -'. .... ... fair tax burden the automatic reassessment provision · ' Proposition 60 would permit, but not require, the Legis- "places upon ALL new owners and renters of residential lature to allow "anyperson over the age 0£55" to move "to . · property. : . . ... ;. any replacement dwelling of equal or lesser value located :: ~ There would be no need to exempt persons over· the age .witPu'n thesame countyYand transfer to the new home the ?.. of 55 from automatic reassessment if the LegiSlature tax base (i.e., "assessed value") established for the former would allow voters to decide whether to eliminate this :.: home. ,' ??.~ ~.?..:~...'~:.."".", ~: ..... r:~'~, .~'~ .... !, ..'.': ........ ~ ..... '~ :.': .,'w'~:."~,'.~ .~:.'~:~: 2 aspect of Proposition 13 altogether. · ·: :: ~: : '. ..~': '~ ~. :.,..The Legislature is continuing to tinkerWith Proposition "i-~/: I challenge the proponents of this measure to explain to '~(~,'13 instead of offering votersa comprehensiVe amendment ~?:voters why' the Legislature has ,efused to offer voters a i~ Which.~vould eliminate all of the inequities caused by its :i~i~:-ieomprehensive amendment to Proposition 13 such as: ~'.automatm reassessment provision. :~;i~,~::i~.:." ~:~4~!:~!:~ii~./? ,:i~.~%~:~;.;~;.~,:~.?. (1) Equalize the assessed value of all property at' the Under Proposition 13 (now Article XIII Aof the Califor-. ~.;.' 1975 levels established for some owners under Proposition . nia Constitution), assessed property .values generally are ..: 5.:, 13. HOmes built since 1975, for, example, would be taxed at :/'frozen at their 1975 levels; hoWever, property isreasseSsed ~i:i?ia level~,reflective of the area s lower property valu? in !!~.and ..higher.' i~roperty taxes'are imposed.'e~h'itime :the"!'?~1975. ";~!}'~?i!.i."~?~:~:.:;?~i:~i?:~!~51:~i:'~.~i,'~!~il):,:?-5 :..: ~..'::~ ::.::~. ;)~.. :,.:...: : ': property is "pUrchased, newly Constructed, ora cb.~,,ge~ ~n .?..i~:::, i~2~:(2)" Perigdieally refiss~s~ ~11 Ploi~erty gut pr0viae"tg~'~n ~.~: ownership bas occurred after the 1975 assessment, ,'¢~,di?~f~!~;,i;.~:i'fiutomatie reduction in the tax rate so that government " As a result of this reassessment each time property .... does not get more money lust because overall property chEn.ges hands, new owners are required to pay far more '~i~.i~values increase. · '~:!::.r,:; %' '~i;i:~;?,~::: .; -: '; ,. : ....... ,~,. · in.. property taxes than do their neighbors whose property .'., '~.~;: If proponents of this'measure have any other ideas for · ::!. has the same value but was Purehase~ earlier ~hen propz.'~ii~!(~making our property tax system fairer to ALL Californi-: ~ '.'erty values Were lower. ,;:;'i?i, !? ):;i%~':~:i~%:?i)!, ~ ~::.(..';'~'¢¥.~) ~.;i?q~i' !~)~?ii('ans '~hose ideas sh,,,,l,~ ~,;- ~.-~,,,~-~ ~- ,r,^~_ .,~. ..... , ~, ~.: ?' :','to In addition, this automatic 'reassessment provision. ha~':."~i:?:.,'!~'.:In mY opinion, a "no" vote on this measure may send a caused a gradual but massive shift of the overall property .~ message to the Legislature and Governor that voters want :..~ tax .burden from owners of commercial and industrial ~...:.to be offered a comprehensive amendment to Proposition · ':'. proPerty. (which is, often leased but seldom sold) to '.own-: :'~i?}13. ~'..5:iii'.vi' (~. ~ :~':.:: ?,~,: i??:~;_'.:y:ii,;. :~.j ;~,?..i,%r:!? ~.;':-~ ~ ": ~.~: ~ i,:'.~...:;;/.',,'~')', .':i ers (and renters of residential ro er :"~;:;:.?~:"~A'ili~:':?;;:.'[~:*;~:I'''.~',:::7:~ .......... ?'~..:-' '. .... ~.' ':..' .. "..' :.. '.'.::.r.' ...~ · ~, ' ...... ). . . P ~ ty., 72.:...,~??:,~..-,~,.5;:::::.~?.~,Persons of all ages are. hurt by automatic reassessment: . :.' lnstean ot ortenng voters an amendment to Proposition -:::.?~?~:i~?. ¢:..:.. GARy n WESLEY '~.: ?~! t:~!,!:..;; ,")!"~ 4;:b:., :;.:, '.-:.'):'..:;'.i-.? ;. ',~ · : ..13 which would correct. ~hese.inequities, .the Legislature :. (: !~ ...:/ Attorney at La,,, , c": '.?; ';,'i-~;:)'!~.' ' . ':"': ' :'i.:;::~)~ · ' ' ' "-'-",":~'"..:"~'-:. ' : · ..'.:.;. ';'. .':.~ .¥.The opponent of Propositmn 60 Is fight on one Count. ?? current property t~ Iaws'w~le m~nt~ffing the t~'r'e~f :~' Proposition ~ &ill not make_ major ch~ges.~ the V0ter-'?}/provided by Proposition 13 '?">'~;:~:~;: :' :" ....... ' ': .~-:~': 'Y'approved me~ure'known ~ Pr0posifion. la. Propo~ition '-4"/.. 'By ~oting for Prop°sition' ~ '~e can help give sefii°r .~, line ProposiUon la, e~es the properW t~ bm~en f~r.. eifizens?eedom to'~ve where they choose in meir cowry ,:::;,,,'Repubhc~ ~d Democrats agree 'that .Proposition- ~ :':?~.VCPle~e remember that Pr;p0~iu;n ~ Stands for · ';encourages the ff~sfer of ~dermed,..l~ger. homes t° ~.:/~?;Proposition ~ helps our's~0rs and at ~e same ~e it younger, growing hmflies. ' ": ,'.. ,:~:.'.:.. :,' ,:" .' .'~.}' :.~ :.' .' ~,; ~' helps young hmilies. We urge you to ?upport PropositiOn .- .. Not one taxpayer association h~ opposed ProPosition ~. On November 4 vote yes on ~. . .... ,. ".: :.- ~ because it will allow senior citizens to improve their ~. - housing without being penalized by excessive taxation. '" '" vIo~ j. THOMAS "::'~, ~''~ ~' '. '' · .' Chai~e~oni CaliFornia Stato'~gislative Committee, '. · The American Associahon of Retired Persons sup-. '" American A~iation ofBetired Pe~ons ports Proposition 60 because it will allow older C~fomi- , JIM KEYSOR ''~ ' ans the frgedom to sell their homes and move within their Deputy County Assessor, County of Los Angeles .. county without paying excessive property taxes. HENRY J. ME~O · Republican and Democratic legislative leaders back State Senator, 17th District.' Proposition ~ because it corrects ~ unfairness in our Cbai~an, ~nate Subcommittee on. Aging G86 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency 35 MEMORANDUM January 6, 1989 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARY STRENN, ASSISTANT CITY MANAGER~ SUBJECT: CORRESPONDENCE You may remember that Representative Trice Harvey sponsored a bill in the State Legislature for the City of Bakersfield. The purpose of the bill was to extend the time to spend SB 300 road maintenance funds to avoid payback to the State. Senate Bill 1996 has now been signed by the governor. ~ MS:jp Attachment ~'~'~ ~--J'~' GOVERNOR'S OFFICE GEORGE DEUKMEJIAN .~ACRAMENTO 95814 TELEPHONE ~VERNOR (g 16) ~284 0 .: .......... "~' OF?ICE December 29, i988 Ms. Mary Strenn Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Ms. Strenn: Thank you for your correspondence concerning Senate Bill 1996. I am pleased to tell you that I have signed this legislation into law. Your comments were helpful to me in reaching my decision. Thank you again for taking.time to share your views with me. Most cordially, George Deukme j ian