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HomeMy WebLinkAbout05/20/1992 B A K E R $ F I E L D Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Tmdy Slater ,. Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Wednesday, May 20, 1992 12:00 Noon City Manager's Conference Room 1. Council Elections 2. Request to Support Legislation on Converting Incentive Areas and/or Enterprise Zones 3. Smoking Citywide Ordinance 4. Third Party Damage Claims 5. Legislative Platform 6. Cheeseman's Towing Permit 7. Legislative Update 8. Set Next Meeting CITY OF BAKERSFIELD LEGISLATIVE AND LITIGATION COMMITTEE REPORT NO. 2-92 MAY 20, 1992 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: COUNCIL ELECTIONS The City Council on November 20, 1991 referred to the Legislative and Litigation Committee correspondence from Mayor Medders regarding "Council Elections on Even Numbered Years." The Committee has reviewed the issues relating to changing the election date from November of odd years to November of even years, including: revenue savings through shared election costs, greater voter turnout with more issues on a combined ballot, possible loss of media coverage and voter recognition of local candidates and election issues, and the possibility of increased party politics. If a change in election date to November of even-numbered years is desired, two major options are available for Council action. One option is to place Charter amendments requiring voter approval on the ballot for the November 1992 statewide General Election. An amendment in Section 67 would be needed for Council elections to be held "on the first Tuesday after the first Monday of November in each even-numbered year." Deletion of Section 19 of the Charter would bdng. the City into compliance with State Elections Code Section 23556, allowing Councilmembers to take office at noon on the first Friday in December following the election. The Council would need to take action by June to get the appropriate paperwork completed for the amendments to be placed on the November ballot for voter approval. Costs incurred in connection with .placing the issue on the ballot would be Legislative and Litigation Committee Report No. 2-92 May 20, 1992 Page 2 approximately $60',000. The second option available would be for the Council to adopt an ordinance changing the election date from November of odd-numbered years to November of even-numbered years. With this action, the City Clerk would be required to send a Notice to all registered voters of the change, handled through the County. Registrar of Voters for a one-time cost of approximately $20,000-25,000. With either option, ali Councilmember terms would be 'extended one time for approximately one year, to comply with State law regarding changes in municipal election dates. The expiration of the current terms of counciimember Edwards, Smith, Brunni, and Salvaggio would be extended from November 1993 to November 1994 and Councilmember DeMond, Peterson and McDermott from November 1995 to November 1996. The Committee feels that the issue of Council election date change is of such importance that a decision should be made by the full Council. Therefore, the Committee recommends the City Council accept this report and make a collective determination as to what it feels is best for the City of BakerSfield. Respectfully submitted, Councilmember Patdcia M. Smith, Chair Councilmember Patdcia J. DeMond Counciimember Lynn Edwards (L&L0292) ........ March 2, 1992 Honorable Mayor and Members of the City Council City of Bakersfield 1501 Truxtun Avenue Bakersfield. California 93301 Dear Mayor and Councilmembers, On February 27, 1992, the Community Advisory Council voted: to urge your support of legislation which will make California more competitive. Such legislation would allow communities with Incentive Areas to convert to Enterprise Zones, and vice versa, at the option of each community. As you know, both Incentive Areas and Enterprise Zones resulted from two pieces of legislation passed in the mid 1980's. Each program has different purposes and guidelines. The California Association of Enterprise Zones. of which the City of Bakersfield is a member, supports legislation giving this choice to local communities. If passed, this provision would allow a community to convert to the other program should it be a better "fit" with its economic development and job creation objectives. Your support of such legislation will provide the flexibility necessary to meet the rapidly changing economic development climate in California. Sincerely, Pete Parra Chairman Community. Advisory Council ... MEMORANDUM May 20, 1992 TO: Jake Wager FROM: David Lyma/l~ SUBJECT: Legislative Update--Incentive Area AB3408 is scheduled for review by the Ways & Means Committee May 20. In its present form, AB3408 does not contain clauses previously recommended by the California Association of Enterprise Zones board of directors. However, several amendments have been proposed to the legislation. The CAEZ board has prioritized these amendments and voted May 1 to recommend jurisdictions support the addition of these amendments, in the following order, to AB 3408: 1. Conversion. Wording in the proposed legislation allows an area to hold both Enterprise Zone and Incentive Area designation. This is not what CAEZ supported. Instead, the board of directors supports an amendment allowing Enterprise Zones to convert to Incentive Areas, and vice versa. 2. Employee eligibility. This will apply to Incentive Areas if they become Enterprise Zones. Under the existing Nolan legislation, businesses can receive the hiring credit when hiring workers enrolled in JTPA~ or GAIN:, or certified for TJTC3. This amendment would broaden the eligibility of workers to those who are merely eligible for these programs. The thought is that this amendment would make it easier to hire disadvantaged workers. Workers would no longer have to be "vouchered" by the eligible program and then present the voucher to the business. Instead, the worker would only have to demonstrate eligibility for JTPA, GAIN, or TJTC. 3. Elimination of 50% time requirement. Current legislation restricts benefits to businesses whose workers spend at least 50% of their time within the Incentive Area. This means firms like Freymiller Trucking and construction firms are not eligible for benefits because their workers spend a majority of time outside the Incentive Area. ~Receiving subsidized employment, training, or services under the terms of the federal Job Training Partnership Act. :Registered' in the Greater Avenues for Independence Program. 3Certified by the Employment Development Department as eligible for the federal Targeted Tax Credit Program. Jake Wager May 20, 1992 Page Two 4. Elimination of minimum tax requirement. Existing legislation requires a minimum tax be paid regardless of how many tax credits the business has amassed. This amendment would eliminate this requirement. dl/~gis.~z Comparison of Waters & Nolan Bills (continued) BENEFITS TO EMPLOYEES 1. Income tax credit No Yes BENEFITS TO LENDERS 1. Net interest On loans to any business located On loans to any business deduction in Incentive Area located in Enterprise Zone SIZE OF POTENTIAL LABOR POOL FOR HIRING CREDITS 1,500 3 12,500 4 LENGTH OF ELIGIBILITY Recertified every 3 years, through Through the year 2001 the year 2001 COMMENTS: Program benefits those businesses Program benefits any which are labor-intensive and in business in the zone. the manufacturing or processing There is no certification industries. Small businesses often requirement, making it do not benefit because, easier for businesses to benefit from the program. 1. they are usually fully-staffed and do not plan on hiring more workers 2. the business must meet the certification criteria requiring at least 30% of current employees be HI)UA residents. 3 HDUA residents enrolled in Employers' Training Resource programs from July 1, 1990 - J_un~e_ _3. 0_,_ _! _99 ! ._ .......................... '~ This figure represents persons in metro Bakersfield which would qualify a business to receive the hiring credits under the Nolan Bill (all figures FY 90-91): JTPA-enrolled (4,500 adults + 2,000 youth): 6,500 GAIN-enrolled: 5,000 TJTC-certified (includes adults and youth): 1,000 TOTAL 12,500 Prepared by City of Bakersfield & County of Kern, November 1991 Comparison of Waters & Nolan. Bills PURPOSE I Job creation I Business amaction BENEFITS TO BUSINESSES 1. Hiring credit 1. Must be certified: 1. Must be located in  a. Business located in Enterprise Zone Incentive Area 2. A new employee must b. 30% of employees are be ' I-IDUA residents, or a. JTPA-enrolled, or c. 30% of business ownership b. GAIN-enrolled, or lives in HI)UA c. TJTC-cerdfied 2. A new employee must be HDUA resident 3. A new employee must be unemployed for >3 months 2. Sales/use tax credit 1. Must be certified: 1. Must be located in a. Located in Incentive Area Enterprise Zone ,~ b. 30% of employees are ' ~,,~/(~0~ ~. HDUA residents, or ~ ,~..~'L'~ .... ,!! c. 30% of business ownership lives in HDUA 3. Business expense 1. Must be certified: 1. Must be located in deduction a. Located in Incentive Area Enterprise Zone  b. 30% of employees are HDUA residents, or c. 30% of business ownership lives in HDUA 4. Net op_erating loss 1. Must be certified: 1. Must be located in can'yover2 a. Located in Incentive Area Enterprise Zone b. 30% of employees are ~ HDUA residents, or  c. 30% of business ownership lives in HDUA ' JTPA: Receiving subsidized employment, training, or services under the terms of the Federal Job Training Partnership Act; GAIN: Registered in the Greater Avenues for Independence Program; TJTC: Certified by the Employment Development Department as eligible for the federal Targeted Jobs Tax Credit Program. 2 Suspended for two years by Governor Wilson. MEMORANDUM May 1, 1992 TO: LEGISLATIVE AND LITIGATION COMMITTEE OF THE CITY COUN'CIL FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY ~ SUBJECT: PROPERTY DAMAGE CLAIMS TO INNOCENT THIRD PARTIES CAUSED BY THE POLICE DEPARTMENT OR FIRE DEPARTMENT Generally speaking, the police departments and fire departments of public entities are statutorily immune or otherwise protected by California law for liability for damages to innocent third-party bystanders for lawful police and fire activities. Examples of such activities would include windows that are shot out of cars where a police officer has lawfully fired his weapon at a fleeing felon, damage to a structure owned by a third party where a police officer and an arrestee are engaged in a struggle, water damage to a bystander's car while fire fighters are engaged in fighting a fire in a adjacent structure, etc. The City Attorney's office and Office of Risk Management believe that, though these above situations do not normally result in liability to the City of Bakersfield, in the interests of fairness, it seems that innocent third parties whose property is damaged should be entitled to some compensation where the damage Occurs through absolutely no fault of their own. Hence, we are requesting that the Council adopt a policy giving discretion to the City Attorney's Office and Office of Risk Management to compensate innocent third parties for property damage in an amount not to exceed $1,000 per occurrence. Such a policy will allow the City staff to continue to vigorously resist frivolous and exorbitant claims but, at the same time, compensate innocent third parties for property damage they sustain when, in the opinion of City staff, after a thorough investigation, it is discovered that the damage occurred through no fault of the third party. Your consideration of this matter is appreciated. LML:kkr rms\co~3\~-n~\c0~l.mem City of Bakersfield 1991-92 Legislative Platform The City of Bakersfield provides governmental decision making at the level closest to the people. It, therefore, is encumbent upon its electeci .. officials to provide legislative leadership within the City's borders as well as ' when dealing with other legislative entities. The following policy statements reflec~ the legislative platform of the City of Bakersfield for 1991-92. GENERAL-POLICY STATEMENTS Support legislation which enhances the City's ability to finance and economically, efficiently, and effectively provide local discretionary and state or federally mandated programs. Support legislation which provides for governmental decision making at the levet closest to the people whenever it is most likely to produce the most effective and efficient result. Support legislation which enhances local land use decision-making authority. QUALITY OF LIFE Support legislation which promotes safe, efficient,-costeffective, and responsible management of the environmental components of issues such as air quality, transportation, wastewater treatment, and solid waste management. Support legislation which increases city participation in state and federal issues of regional'concern. Support legislation which provides continued funding of recreational and open space programs of support. Support legislation that calls for appropriate municipal representation on policy-making bodies with interjurisdictional powers (i.e., LAFCO, COG, ID,4). Support drug abuse prevention legislation. 1991-92 Legislative Platform Page 2 July 31, 1991 GENERAL GOVERNMENT Support legislation which expands the City's ability to deal on a state '.. level with state-mandated issues affecting the financial condition of the city. Support legislation which enhances local control over program scope, implementation, and funding. Support legislation Which provides for equitable distribution of state funds for local programs. Oppose legislation which intrudes into the local collective bargaining process. FINANCES · Support legislation advocating responsible and reasonable methods for the costs of implementation of state-mandated programs if alternative independent sources of revenue are provided and such legislation is of clear benefit to the city. Oppose the imposition 'of fees at the local level to fund state programs not related to local matters. Support legislation whiCh reduces the negative financial and operational impacts of tax increment financing on affected agencies. Support legislation which improves local government's ability to finance discretionary programs. Support legislation which promotes continued economic 'diversification of the local economy. (m0731911)