HomeMy WebLinkAbout2011-247
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RESOLUTION NO. 2011-247
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE 2006 SAN BERNARDINO
VALLEY ENTERPRISE ZONE ("SBVEZ") MEMORANDUM OF
UNDERSTANDING BY AND AMONG THE CITY OF COLTON, THE CITY
OF SAN BERNARDINO ("CITY"), THE COUNTY OF SAN BERNARDINO
("COUNTY") AND THE INLAND VALLEY DEVELOPMENT AGENCY
("IVDA") (ALL REDEVELOPMENT PROJECT AREAS)
8 WHEREAS, on August 21, 2006, the Mayor and Common Council of the City of San
9 Bernardino ("Council") adopted Resolution No. 2006-299, authorizing the preparation and submittal
10 of a formal application to the State of California Department of Housing and Community
11 Development ("HCD"), for the designation of the San Bernardino Valley Enterprise Zone
12 ("SBVEZ"), in participation with the City of Colton, the City of San Bernardino ("City"), the
13 County of San Bernardino ("County") and the Inland Valley Development Agency ("IVDA")
14 collectively ("Parties"); and
15 WHEREAS, on March 5, 2009, the SBVEZ was awarded a final designation by the HCD
16 retroactive to October 15,2006; and
17 WHEREAS, the City of Colton, the City, the County and the IVDA entered into that certain
18 Memorandum ofVnderstanding ("MOV") dated August 22, 2006, setting forth each Party's duties
19 and responsibilities in managing the SBVEZ; and
20 WHEREAS, it has been determined that the duties and responsibilities of the Parties should
21 be modified in order to efficiently manage the SBVEZ in furtherance of the common goals of the
22 Parties as set forth in Amendment No. I to the MOV attached hereto as Exhibit "A".
23 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
25 FOLLOWS:
26 Section 1. The Council hereby finds and determines that the facts and circumstances set
27 forth in the Recitals hereof are true and correct in all respects.
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2011-247
1 Section 2. The City of San Bernardino hereby requests that the staff of the Redevelopment
2 Agency of the City of San Bernardino ("Agency") act as, and provide an individual to serve as, the
3 Zone Manager, Zone Coordinator and Vouchering Agent.
4 Section 3. The City Manager is hereby authorized to execute Amendment No. 1 to the
5 MOD on behalf of the City in substantially the form attached hereto as Exhibit "A", together with
6 such changes therein as may be approved by the City Manager and the City Attorney. The City
7 Manager or such other designated representative of the City is further authorized to do any and all
8 things and take any and all actions as may be deemed necessary or advisable to effectuate the
9 purposes of Amendment No.1 to the MOD, including making non-substantive modifications to the
10 Agreement.
11 Section 4. This Resolution shall take effect upon its adoption and execution in the manner
12 as required by the City Charter.
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2011-247
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE 2006 SAN BERNARDINO
VALLEY ENTERPRISE ZONE ("SBVEZ") MEMORANDUM OF
UNDERSTANDING BY AND AMONG THE CITY OF COLTON, THE CITY
OF SAN BERNARDINO ("CITY"), THE COUNTY OF SAN BERNARDINO
("COUNTY") AND THE INLAND VALLEY DEVELOPMENT AGENCY
("IVDA") (ALL REDEVELOPMENT PROJECT AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting
8 15th
thereof, held on the day of August , 2011, by the following vote, to wit:
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Council Members: Aves Navs Abstain Absent
10 MARQUEZ
x
11 JENKINS x
12 BRINKER x
13 SHORETT x
14 KELLEY x
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15 JOHNSON -1L
16 MC CAMMACK x
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20 The foregoing Resolution is hereby approved this It nI day of August , 2011.
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24 Approved as to Form:
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By:
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/A
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2011-247
EXHIBIT "A"
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Amendment No.1 to the 2006 San Bernardino Valley Enterprise Zone
Memorandum of Understanding
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P:\Agendas'Jlesolutions\Resolutions\201 1\08-15-1 I SBVEZ. Amendment No. I to MOU MCC Rcso.docx
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO VALLEY ENTERPRISE ZONE
1bis Amendment No. 1 (this "Amendment No.1") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Rousing and Community Development
("RCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the RCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
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f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (I): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
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IN WIlNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. 1. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND VALLEY DEVELOPMENT AGENCY
By:
Patrick J. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATTEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
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COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
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