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REDEVELOPMENT J\G-NCY.REQUEST FOR COIlWISSION/COUNCIL ACTION
- m: GLENDA SAUL
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Dept: Redevelopment Agency
Subject: ANALYSIS OF THE EMPLOYMENT AND
INCENTIVE ACT (A.B. 514 WATERS BILL)
Date: MA Y 28, 1986
Synopsis of Previous Commission/Council action:
NONE
Recommended motion:
(MAYOR AND COMMON COUNCIL)
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That the Mayor and Common Council elect not to pursue the application process
under the Waters Bill and, further that full and complete implementation
of the Enterprise Zone adopted as part of the Nolan Bill process be reaffirmed
by the Mayor and Common Council.
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/ Signature
Contact person: GI ENDA SAIII
Phone: 383-5081
Supporting data attached:
STAFF REPORT
Ward:
1,3,5,6 .
FUNDING REQUIREMENTS:
Amount: $
N/A
Project: NW, UPTOWN,CCN,CCW,SC
No adverse Impact on City:
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'--'ncil Notes:
Date:
June 2, 1986
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CIN OF SAN BERNARDtQ) - REQUM FOR COUNCIL AC-hON
STAFF REPORT
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The Department of Commerce may designate not more than three (3) program areas
by the end of 1986. ()fflcla1s have Indicated that applications under A.B. 514
are due by September 1, 1986.
An area that Is a high density unemployment area Is eligible to apply for
program participation. A high density unemployment area Is a metropolitan
statistical or nonmetropolltan statistical area which contains at least 4,000
people or 2,500 people respectively In a cluster of blocks. Each block must
meet the following criteria according to U.S. census Information:
1) The average unemployment for the block group In the past twelve (12)
months was at least 1 1/2 times the average national rate for that twelve
(12) month period.
2) The average poverty rate for the block group In the past twelve (12)
months was at least 1 1/2 times the average national rate for that twelve
(12) month period.
3) At least seventy percent (70%) of the household earnings for the block
group In the past twelve (12) months was a maximum of eighty percent (80%)
of the average state household earnings for that twelve (12) month period.
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If the area does not meet the definition of a high density unemployment area,
it can petition for program ellgiblity and potentially qualify as a "pocket of
poverty" under the federal UDAG standards.
The program areas themselves consist of Neighborhood Economic Development
areas (NED's) and Targeted Economic Developments (TED's). A NED Is a
commercial area located entirely within a high density unemployment area. A
TED consists of vacant or sparsely developed land, close to, but not
necessarily In, a high density unemployment area, and is zoned for light
Industrial or mixed business use.
The application for a designated commercial use area must contain an
Industrial designation. However, an application for an Industrial area
designation does not require a commercial area.
The Haters Bill Is much more restrictive as compared to the Nolan Bill. A
much smaller area would be eligible as an Enterprise Zone with only a portion
of the Mt. Vernon strip Included. None of the current Industrial area could
be Included In the zone. Areas south to Mill Street are eligible which are
predominantly residential (see map).
Application Content and Selection Process
In designating program areas under the Haters Bill, the Department of Commerce
will select those areas that best address the following major components of
~ the application.
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A comprehensive economic development strategy for the program area.
A community Impact statement which analyzes the Impact of designation of
the community.
A plan which specifies economic development objectives and assigns a
priority to each objective.
The manner and level In which community services and Infrastructure will
be Improved to accommodate new development.
A description of current economic development activity, Including funding
from the federal, state and local governments.
An Identification of funds for economIc development projects from federal,
state, local and private sources.
An assessment of the employment job skills and management training needs
of businesses and residents In the application area.
An estimate of the number of new jobs that will result from the program
based on an employment needs assessment of the locality.
A plan of action to reduce, remove, simplify, or streamline local
requirements and the local permit process within the program areas which
does not endanger the public health, safety and welfare of the community.
Involvement in the program by private entities, organizations, and
neighborhood groups which may make contributions to the project. In other
words, a Project Area or Citizen Advisory Committee.
Requirements 1-4 are basically the same requirements for the Nolan Bill, the
difference being the emphasis Is placed upon employing the unemployed rather
than just the generation of employment.
Requirement 5 Is relatively easily assembled. Requirements 6, 7 and 8 would
require a detailed summary and/or study. Requirement 9 Is similar to the
streamlining and Incentives currently In place for the City's designated
Enterprise Zone. Requirement 10 Involves establishing a community advisory
council. It Is further required that there be one (1) representative from
each of the following categories:
a. Private area residents.
b. Business within the zone.
c. Private Industry Council.
d. Small business corporations.
e. Community based organizations.
In the application, strong emphasis Is needed In the following areas:
1) A proposal for program areas close enough for easy access to the high
~ density unemployment areas.
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A plan to encourage the retention and expansion of existing businesses.
A strategy for the recruitment of new businesses Into the program area.
A realistic projection of new job opportunities that are suitable to the
needs of program area residents.
A plan to demonstrate innovative and comprehensive strategies to improve
community services.
A plan to provide, by working with the State, Insurance for qualified
businesses In the program area.
A plan to establish a loan bank or fund to provide capital to qualified
businesses In the program area.
8) A plan to rehabilitate existing abandoned structures.
Economic Incentives
Assembly Bill 514 differs greatly from Assembly Bill 40 In the economic
Incentives and/or economic advantage It offers to businesses located or
locating with the Enterprise Zone.
According to A.B. 514, a qualified business Is a business that meets one of
the following criteria:
<::: 1) Has at least fifty percent (50%) of Its employees who are residents of a
high density unemployment area; or
2) Has at least thirty percent (30%) of Its employees who are residents of a
high density unemployment area and the business has set up a community
service approved by the government body and the community advisory
committee which oversees the program implementation; or
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3) Is a joint venture between an existing business and a business owned by
residents of the Enterprise Zone with the residents owning at least thirty
percent (30%) of the business.
This eligibility criteria limits the number of businesses which would qualify
for benefits. Existing businesses could have an especially difficult time
qua 11 fyi ng.
Qualified Employee
Under A.B. 514, a qualified employee is an individual who has been an
unemployed resident of the zone for at least three (3) months prior to being
employed.
Amount of Tax Credit Offered
1) Unemployed between three (3) and six (6) months.
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a. Five percent (5%) of the qualified wages for the first year of
employment.
b. Seven percent (7%) of the qualified wages for the second year of
employment.
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2) Unemployed at least six (6) months.
a. Twelve percent (12%) of the qualified wages for the first six (6-)
months of employment.
b. Twelve percent (12%) of the qualified wages for the second six (6)
months of employment.
c. Seven percent (7%) of the qualified wages for the second year of
employment.
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In addition, the legislation provides guidelines for the use of employer tax
credit programs and tax planning considerations.
1) Assembly Bill 514 allows for the taxpayer to expend forty percent (40%) of
the cost of the eligible property as a deduction for the taxable year in
which the property is placed in service.
Eligible property tax includes:
a. Machinery and machinery parts used in industry and/or for the
production of renewable energy services, or water pollution control
mechanisms.
b. Property used as an integral part of a qualified business within an
Enterprise Zone area.
2) Sales tax credit for the amount equal to the sales or use tax paid by the
taxpayer in connection with the purchase of qualified property. This is
also available under Nolan (A.B. 40).
3) A net operating loss carryover is allowed for a qualified business engaged
in activity in the program area. (Also included in Nolan A.B. 40.)
4) Government land lease (also included in A.B. 40).
5) Preference points on state contracts for goods in excess of $100,000 to a
bidder who conducts at least fifty percent (50%) of the labor at a work
site located in a program area. (Included in Nolan A.B. 40.)
6) Job training priority.
7) Business employment loans for small businesses. (Included in Nolan A.B.
40. )
.- 8) Energy loan preference. (Included in Nolan A.B. 40. )
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The area eligible under A.B. 514 differs from what was submitted to the state
last year under the Nolan Bill. Because the areas differ substantially, a new
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Environmental Impact Report (EIR) could be requIred. At the very least, an
extensIve revampIng of the exIstIng EIR would be necessary to encompass the
areas elIgIble under A.B. 514 whIch were not Included In the CIty's inItial
EnterprIse Zone applIcatIon.
Because of tIme and expense consIderatIons and the sIgnIfIcant dIfferences in
the focus of the Nolan and Haters BIlls, staff recommends that the City not
pursue the applIcatIon process under the Haters BIll, and, further that full
and complete ImplementatIon of the EnterprIse Zone adopted as a part of the
Nolan BIll applIcation process be reaffirmed by the CouncIl/CommIssIon In the
contInuing effort to improve the qualIty of lIfe of the cItIzens of San
BernardIno.
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