Chapter 3.38 — JOB CREATION INCENTIVE PROGRAM

§ 3.38.010. Purpose.¶

(a) The purpose of the job creation incentive program is to (i) attract to the city eligible businesses and (ii) encourage significant expansion of eligible businesses already located in the city, in order to promote creation of jobs in the private sector.
(b) The city council finds and declares:
- (1) Private sector jobs, especially those in the manufacturing sector, are an important component of a diverse and vibrant economic base for the city;
- (2) Attracting businesses to the city, and encouraging existing manufacturing and other major businesses in the city to undertake expansion that results in a significant number of new jobs to the city and provides economic and social benefit to the city;
- (3) Development fees charged by the city related to new construction of, or expansion of existing, manufacturing, retail or other commercial facilities are designed to offset the impact that such new facilities have on the city and its residents, but such development fees can act as a disincentive for manufacturing or other businesses to locate in the city or for existing businesses to expand facilities in the city;
- (4) Providing an economic incentive program that seeks to offset or reverse the disincentive caused by application of development fees to the development of new manufacturing or other commercial facilities or the expansion of existing manufacturing or commercial facilities is consistent with the city Charter and the public purposes of engaging in economic development efforts and is in the public interest of the citizens of the city and promotes the general welfare by seeking to secure a diverse economic base for the city.
(Ord. 1568 § 1, 1999)

§ 3.38.020. Job creation incentive program.¶

There is established the job creation incentive program. The city council, by one or more resolutions, may implement the program authorized by this chapter by establishing, from time to time, all of the following by one or more resolutions:

(1) An appropriation of funds, on not less than an annual basis, to be devoted to the program;
(2) The zoning classification(s) within the city in which the business must be located;
(3) The businesses, defined by classifications established by governmental entities or recognized industry associations, that will be eligible for the program;
(4) The minimum number of new jobs created by an eligible company, at a specified minimum compensation level that must be created by a business on the eligible site, in order for that business to be eligible for program assistance;
(5) The maximum amount of program assistance any one business may receive;
(6) The eligible development fees to which the program assistance may be applied;

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City of Palm Springs, CA

REVENUE AND FINANCE

§ 3.38.020

§ 3.38.050

(7) Other criteria that may be used in applying the program to business expansions or new projects;
(8) Program loan terms as referenced in Section 3.38.030.
(Ord. 1568 § 1, 1999)

§ 3.38.030. Form of program assistance.¶

The program assistance authorized by this chapter shall be in the form of a loan to an eligible business. The loan shall be on terms as set by the city council by resolution pursuant to subsection (8) of Section 3.38.020. Such loan terms shall include the right of the city to place a lien against the businesses and/or landlord's property interest in the affected property and may include repayment provisions that do not require monetary repayment upon business performance meeting defined criteria.

(Ord. 1568 § 1, 1999)

§ 3.38.040. Required findings for assistance.¶

The city council, prior to approving assistance to an eligible business, must make the following findings:

(1) That the city and the eligible business have entered a written agreement detailing the responsibilities of both parties, including, but not limited to, a waiver of certain development fees by the city and the maintenance of minimum employment levels by the business; and
(2) That the minimum number of new jobs created by an eligible company is a least one hundred, though the minimum full-time equivalent (FTE) positions created by the business may be less if the council determines there are other economic benefits to the city from the project; and
(3) That the total economic benefit to the community of the new jobs, as calculated by the city, exceeds the fee revenue lost to the city; and
(4) That the broad public benefit created by the program, based on the performance criteria established by resolution, exceeds the private benefit; and
(5) That the business would not have located or expanded in the city without the benefit; and
(6) That the agreement assures that the business will remain in the city for a minimum of five years or repay the funds; and
(7) That the city has determined that there are no alternative measures to finance the improvements or create the benefit.
(Ord. 1568 § 1, 1999)

§ 3.38.050. Program assistance discretionary.¶

Notwithstanding the establishment of the program pursuant to this chapter or the establishment by resolution of all of the program implementation criteria pursuant to Section 3.38.020, the allocation of program assistance to any applicant shall be at the discretion of the city council. Nothing herein shall require the city council to allocate program funds to any applicant. (Ord. 1568 § 1, 1999)

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City of Palm Springs, CA

REVENUE AND FINANCE

§ 3.39.010

§ 3.39.020

CHAPTER 3.39 ACCESS LINE TAX