HomeMy WebLinkAboutR03-Redevelopment Agency
RE~VELOPMENT AGENCY'.~QUEST FOR c6MMISSION/COUNCIL A~ION
i<om: Glenda Saul, Executive Director
l:Iept: Redevelopment Agency
Subject: ENTERPRISE ZONE
Date: October 28, 1985
SynDpsis of Previous Commission/Council action:
3-19-85
Approval of Application under AB40
3-20-85
Review by Ways and Means Committee
3-21-85
Review by Ways and Means Committee
3-25-85
Council/Commission approval of Enterprise Zone boundaries
4-15-85
Item continued, referred to Ways and Means
5-2-85
Item continued, referred to Ways and Means
(r.nnl"";nl1arl nn nAV" p$lga )
See Attached
Recommended motion:
MAYOR AND COMMON COUNCIL
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a.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING ENTERPRISE ZONE APPLICATION AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO SUBMIT THE
APPLICATION TO THE STATE OF CALIFORNIA.
b. RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALLY RECEIVING DRAFT ENVIRONMENTAL
IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT ON ENTERPRISE ZONE, AND AUTHORIZING
PLANNING DEPARTMENT TO SUBMIT NOTICE OF COMPLETION AND SEEK COMMENTS.
c. SECOND READING - ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO
BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE
ENTERPRISE ZONE.
d. ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED
CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE,
AND DECLARING THE URGENCY THEREOF. ._~ ~~
Signature
Contact person:
GLENDA SAUL
FUNDING REQUIREMENTS:
Amount: $
N/A
Phone: 383-5081
Ward: I, 2, 3, 5, 6
Project: N/A
Date: November 1, 1985
Supporting data attached:
YES
No adverse Impact on City:
C lei I Notes:
Agenda Item No.
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Glenda Saul, Executive Director
CONTINUED FROM PAGE 1 -
ENTERPRISE ZONE
Synopsis of Previous Commission/Council action (continued):
5-6-85
5-10-85
7-22-85
8-19-85
8-26-85
9-23-85
10-7-85
10-14-85
10-21-85
Resolution 4759 Preapplication approved
City Resolution 85-163 - Finding of need and authorizing submittal to State
Executive Director authorized to negotiate EIR/EIS with
URS
Reso 4787 authorized execution of contract with URS
Resolution 4792 authorized contract with Van Osdel, Dukes, Amis for Final
Application
Amendment to URS contract authorized
City Resolutions
85-405 Allocating housing funds to Enterprise Zone
85-406 Allocating beautification and Employment Linkage funds to
Enterprise Zone
85-407 Designating Deputy City Administrator as Zone Coordinator
Commission Resolutions
4804 authorizing staff to develop data base agreement
4805 authorizing staff to develop incubator project
City Resolutions
85-410 Allocating street improvements
85-411 Directing development of new code designation.
Commission Resolutions
4806 Establishing Zone Management Office
4807 Directing development of Marketing Program
4808 Directing development of Export Program
City Ordinance 3.18 "Enterprise Zone Incentives"
Agency Resolution
4814 Operation Second Chance Technical Assistance Program
.' CIC' OF SAN BERNARDCo - REQUO FOR COUNCIL AC'~N
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STAFF REPORT
At the meeting of October 21, 1985, the Council/Commission received for review the
Draft Final Application and Preliminary Draft EIR/EIS. As a result of several
meetings between City staff, Agency staff and the consultants, changes have been made
which bring the application and EIR into conformance.
The attached Resolutions accomplish the following actions:
1. Approve the final application and authorize its submission to the State.
2. Receive the draft EIR/EIS and authorize the submission of a notice of completion.
In addition, the Enterprise Zone Incentives Ordinance is attached for its second
reading and adoption.
At its meeting on Friday, October 25, 1985, the Redevelopment Committee also
recommended that the Council adopt an Urgency Ordinance establishing immediately, the
Enterprise Zone incentives. This would provide the incentives during the thirty day
waiting period prior to the Ordinance becoming law.
It would also allow the infill housing incentives to be available for the Neighborhood
Housing Services, Inc., Owner-built Housing Program in the infill target area.
Staff recommends adoption of the Resolutions and Ordinances herein.
0036G/OJ
11-01-85
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
ENTERPRISE ZONE APPLICATION AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY TO SUBMIT THE 'APPLICATION TO
THE STATE OF CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recital.
The City of San Bernardino has undergone a thorough review
process and has satisfied itself that the Enterprise Zone
contemplated for the City of San Bernardino will be of major
public benefit, and has reviewed the final application as
prepared by the consultants hired for that purpose, and have made
appropriate changes thereto.
SECTION 2. I~lementation.
The City of San Bernardino does hereby approve the final
application as submitted with such changes as are made by
direction of the Mayor and Common Council and does hereby
authorize the Executive Director of the Redevelopment Agency of
the City of San Bernardino to submit such final application, with
all supporting documents, to the State of California for
designation of an Enterprise Zone within the City of San
Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting thereof, held on the
, 1985, by the following vote, to
wit:
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AYES:
Council Members
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ABSENT:
City Clerk
The foregoing resolution is hereby approved this
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13 Approved as to form:
, 1985.
Mayor of the City of San Bernardino
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City Attorney
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO FORMALLY RECEIVING
DRAFT ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT
ON ENTERPRISE ZONE, AND AUTHORIZING PLANNING DEPARTMENT TO SUBMIT
NOTICE OF COMPLETION AND SEEK COMMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The draft Environmental Impact Report/
Environmental Impact Statement prepared for the Enterprise Zone
by URS, Inc., is hereby formally received by the City of San
Bernardino, and the Planning Department of the City of San
Bernardino is hereby authorized and directed to send appropriate
notice of completion of such Environmental Impact Report/
Environmental Impact Statement and to seek formal comments on
said document.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1985, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
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Approved as to form:
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING
INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN
RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
5 SECTION 1. Chapter 3.18 is hereby added to the San
.6 Bernardino Municipal Code to read:
7 .CHAPTER 3.18
8 ENTERPRISE ZONE INCENTIVES
9 3.18.010 Incentives.
10 Each new business and each expanding business within the
11 Enterprise Zone established by resolution of the City of San
12 Bernardino pursuant to Assembly Bill 40, Chapter 45 of the
13 Statutes of 1984, shall qualify for the tax rebates and fee
c: 14 exemptions provided for herein, to the extent and for the period
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specified herein.
3.18.020 Purpose.
The incentives set forth in this chapter are granted
pursuant to Chapter 45 of the Statutes of 1984, and are
established for the purposes authorized by Chapter 45 of the
Statutes of 1984, and are established for the purposes authorized
by Chapter 12.8 of the Government Code of the State of
22 California, being Government Code Sections 7070 through 7077,
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inclusive.
3.18.030 Definitions.
A. 'Commercial area' as used in this chapter is the
26 commercial area established within the Enterprise Zone as
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~ 27 described in a resolution of the City of San Bernardino.
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B. 'Industrial area' as used in this chapter is the
industrial area established within the Enterprise Zone as
described in a resolution of the City of San Bernardino.
C. 'New business' as used in this chapter is any business
which is start-up in nature or an existing business which has
been relocated to San Bernardino from another area.
A business
which has been sold, resulting in a change of ownership, will not
be considered a new business.
D. 'Expanding business' as used in this chapter is any
business which meets the criterion of paragraph 3 below, as well
as the criteria in either paragraph 1 or 2.
1. A physical move of an existing business into a new
location within the designated commercial area that results in at
least fifty percent increase of permanent, full-time employees or
an increase of two permanent, full-time employees, whichever is
larger, within three years from the date of the move.
2. A physical expansion of existing facilities which
results in at least a fifty percent increase of permanent, full-
time employees or an increase of two permanent, full-time
employees, whichever is larger, within three years from date of
completion of expansion.
3. Employees filling the positions added in paragraphs
23 1 or 2 above must be residents of the City of San Bernardino and
24 have been on the job for at least nine months.
25 E. 'Housing rehabilitation' as used in this chapter refers
26 to construction involving home improvement through remodeling
c:: 27 involving actual structural repairs and rehabilitation or through
28 physical addition of rooms onto structures presently in existence
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within the Enterprise Zone of the City, when such structures are
used for single-family or mUlti-family residential purposes, such
construction shall fall within the scope of this definition only
if the portion of the structure actually being rehabilitated or
expanded is brought substantially into compliance with all
applicable codes and ordinances.
F. 'In-fill housing' as used in this chapter is single-
family home construction built on vacant lots in neighborhoods
existing at the time of adoption of this chapter, or built on
lots where existing structures are demolished or removed for the
construction of single-family homes.
3.18.040 Rebates - Commercial area.
For any qualifying new or expanding business which locates
or expands in the Enterprise Zone within the first four years of
the life of the Enterprise Zone, City shall rebate for three
years to qualifying new or expanding businesses located within
the commercial area of the Enterprise Zone, upon application, the
following:
A. One hundred percent rebate of utility service users
taxes collected by City from the business enterprise during that
period for service used during that period under the provisions
of Chapter 3.44 of the San Bernardino Municipal Code as applied
to users of telephone, electricity, natural gas and cable
television service.
B. One hundred percent rebate of the business license tax
imposed during that period upon the business enterprise under
Chapter 5.04 of the San Bernardino Municipal Code. The City
Clerk may administratively grant the rebate at the time of
initial and annual application.
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C. For new businesses only, twenty-five percent of the
total water bill collected by the San Bernardino Board of Water
Commissioners from the new business during that period. Only the
water portion of such bill shall be considered for such rebate.
D. Notwithstanding the provisions of Subsections A and B
above, the rebate to be granted to any expanding business shall
be based on the stated percentage of the increase of such tax
over and above a base amount, which base amount shall be the
total amount of each such tax paid by that business during the
twelve-month period immediately preceding such expansion.
3.18.050 Fee exemptions - Commercial area.
During the first three years of the life of the Enterprise
Zone, new businesses and expanding business in the designated
Commercial Area shall be exempt from all engineering fees,
planning fees, building permit fees and mechanical fees imposed
by the City.
Storm drain and sewer capacity fee charges are
expressly not exempted.
3.18.060 Rebates - industrial area.
During the first year of operation of any new industrial
business located within the industrial area of the Enterprise
Zone, City shall rebate to qualifying new businesses, upon
application, the following:
A. Twenty-five percent of the utility service users' taxes
paid by such business under Chapter 3.44 of the San Bernardino
Municipal Code, relating to telephone, electricity, natural gas
and cable television use during that period.
B. Twenty-five percent of the business license tax paid by
28 such business for the period under the provisions of Chapter 5.04
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of the San Bernardino Municipal Code. The City Clerk may
administratively grant the rebate at the time of initial and
annual application.
3.18.070 Fee exemptions - in-fill and rehabilitation.
In-fill housing and housing rehabilitation projects within
the Enterprise Zone shall be exempt from all engineering fees,
planning fees, building permit fees and mechanical fees imposed
by the City.
Storm drain and sewer capacity fee charges are
expressly not exempt, provided, however, that the city's existing
policy regarding exemptions where homes and structures have
previously been connected to the sewer and have been demolished
shall continue in effect.R
SECTION 2. It is the intent of the Mayor and Common Council
to analyze the impact of the tax rebates on development in the
designated commercial area of the Enterprise Zone.
The review
and analysis period shall occur no later than the end of the
first four years of the life of the Enterprise Zone, at which
time the Mayor and Common Council will take steps to enhance the
needed overall development strategy in the designated commercial
area.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1985, by the following vote, to
wit:
/ / / /
/ / / /
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1985.
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Mayor of the City of San Bernardino
Approved as to form:
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13 r,. ~JIhO~
]4 City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING
INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN
RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE, AND
DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.18 is hereby added to the San
7 Bernardino Municipal Code to read:
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.CHAPTER 3.18
ENTERPRISE ZONE INCENTIVES
3.18.010 Incentives.
Each new business and each expanding business within the
12 Enterprise Zone established by resolution of the City of San
13 Bernardino pursuant to Assembly Bill 40, Chapter 45 of the
14 Statutes of 1984, shall qualify for the tax rebates and fee
15 exemptions provided for herein, to the extent and for the period
16 specified herein.
17 3.18.020 Purpose.
18 The incentives set forth in this chapter are granted
19 pursuant to Chapter 45 of the Statutes of 1984, and are
20 established for the purposes authorized by Chapter 45 of the
21 Statutes of 1984, and are established for the purposes authorized
22 by Chapter 12.8 of the Government Code of the State of
23 California, being Government Code Sections 7070 through 7077,
24 inclusive.
25 3.18.030 Definitions.
26 A. 'Commercial area' as used in this chapter is the
~ 27 commercial area established within the Enterprise Zone as
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28 described in a resolution of the City of San Bernardino.
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B. 'Industrial area' as used in this chapter is the
industrial area established within the Enterprise Zone as
2
3 described in a resolution of the City of San Bernardino.
4
C. 'New business' as used in this chapter is any business
which is start-up in nature or an existing business which has
5
6 been relocated to San Bernardino from another area. A business
7 which has been sold, resulting in a change of ownership, will not
8 be considered a new business.
9
D. 'Expanding business' as used in this chapter is any
10 business which meets the criterion of paragraph 3 below, as well
11 as the criteria in either paragraph 1 or 2.
12
1. A physical move of an existing business into a new
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13 location within the designated commercial area that results in at
14 least fifty percent increase of permanent, full-time employees or
15 an increase of two permanent, full-time employees, whichever is
16 larger, within three years from the date of the move.
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2. A physical expansion of existing facilities which
18 results in at least a fifty percent increase of permanent, full-
19 time employees or an increase of two permanent, full-time
20 employees, whichever is larger, within three years from date of
21 completion of expansion.
22
3. Employees filling the positions added in paragraphs
23 1 or 2 above must be residents of the City of San Bernardino and
24 have been on the job for at least nine months.
25
26 to construction involving home improvement through remodeling
E.
'Housing rehabilitation' as used in this chapter refers
~ 27 involving actual structural repairs and rehabilitation or through
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28 physical addition of rooms onto structures presently in existence
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within the Enterprise Zone of the City, when such structures are
used for single-family or multi-family residential purposes; such
construction shall fall within the scope of this definition only
if the portion of the structure actually being rehabilitated or
5 expanded is brought substantially into compliance with all
6 applicable codes and ordinances.
7 F. 'In-fill housing' as used in this chapter is single-
S family home construction built on vacant lots in neighborhoods
9 existing at the time of adoption of this chapter, or built on
10 lots where existing structures are demolished or removed for the
11 construction of single-family homes.
12 3.18.040 Rebates - Commercial area.
13 For any qualifying new or expanding business which locates
14 or expands in the Enterprise Zone within the first four years of
15 the life of the Enterprise Zone, City shall rebate for three
16 years to qualifying new or expanding businesses located within
17 the commercial area of the Enterprise Zone, upon application, the
18 following:
19 A. One hundred percent rebate of utility service users
20 taxes collected by City from the business enterprise during that
21 period for service used during that period under the provisions
22 of Chapter 3.44 of the San Bernardino Municipal Code as applied
23 to users of telephone, electricity, natural gas and cable
24 television service.
25 B. One hundred percent rebate of the business license tax
26 imposed during that period upon the business enterprise under
27 Chapter 5.04 of the San Bernardino Municipal Code. The City
28 Clerk may administratively grant the rebate at the time of
initial and annual application.
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C. For new businesses only, twenty-five percent of the
2 total water bill collected by the San Bernardino Board of Water
3 Commissioners from the new business during that period. Only the
4 water portion of such bill shall be considered for such rebate.
D. Notwithstanding the provisions of Subsections A and B
5
6 above, the rebate to be granted to any expanding business shall
7 be based on the stated percentage of the increase of such tax
8 over and above a base amount, which base amount shall be the
9 total amount of each such tax paid by that business during the
10 twelve-month period immediately preceding such expansion.
11 3.18.050 Fee exemptions - Commercial area.
12 During the first three years of the life of the Enterprise
13 Zone, new businesses and expanding business in the designated
14 Commercial Area shall be exempt from all engineering fees,
15 planning fees, building permit fees and mechanical fees imposed
16 by the City. Storm drain and sewer capacity fee charges are
17 expressly not exempted.
18 3.18.060 Rebates - industrial area.
19 During the first year of operation of any new industrial
20 business located within the industrial area of the Enterprise
21 Zone, City shall rebate to qualifying new businesses, upon
22 application, the following:
23 A. Twenty-five percent of the utility service users' taxes
24 paid by such business under Chapter 3.44 of the San Bernardino
25 Municipal Code, relating to telephone, electricity, natural gas
26 and cable television use during that period.
27 B. Twenty-five percent of the business license tax paid by
28 such business for the period under the provisions of Chapter 5.04
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1 of the San Bernardino Municipal Code. The City Clerk may
2 administratively grant the rebate at the time of initial and
3 annual application.
4 3.18.070 Fee exemptions - in-fill and rehabilitation.
5 In-fill housing and housing rehabilitation projects within
6 the Enterprise Zone shall be exempt from all engineering fees,
7 planning fees, building permit fees and mechanical fees imposed
8 by the City. Storm drain and sewer capacity fee charges are
9 expressly not exempt, provided, however, that the City's existing
10 policy regarding exemptions where homes and structures have
11 previously been connected to the sewer and have been demolished
12 shall continue in effect.-
13 SECTION 2. It is the intent of the Mayor and Common Council
14 to analyze the impact of the tax rebates on development in the
15 designated commercial area of the Enterprise Zone. The review
16 and analysis period shall occur no later than the end of the
17 first four years of the life of the Enterprise Zone, at which
18 time the Mayor and Common Council will take steps to enhance the
19 needed overall development strategy in the designated commercial
20 area.
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SECTION 3. This ordinance is adopted as an urgency
ordinance, effective immediately upon adoption. The facts
constituting urgency are that the City's Enterprise Zone
Application is being submitted to the State of California not
later than November 5, 1985, for state designation of an
Enterprise Zone, and the City is convinced that it is significant
that the incentives established herein should be in place at the
time of submission of the application. Furthermore, the City has
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1 an urgent need for infill housing particularly in the area
2 bounded by the I-2l5 Freeway and Mt. Vernon, and by Fifth Street
3 and Ninth Street, and the San Bernardino Neighborhood Housing
4 Services has a program for a veteran owner-built infill housing
5 project standing by with financing arranged, including Cal-Vet
6 and City-provided assistance,lwhich program is threatened by
7 immediate cash flow problems if not commenced immediately. The
8 ultimate success of the infill housing program depends on early
9 implementation which will receive an immediate boost by the
10 start-up of San Bernardino Neighborhood Housing Services project,
11 which will occur immediately after adoption of this ordinance.
12 I HEREBY CERTIFY that the foregoing ordinance was duly
13 adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1985, by the following vote, to
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16 wit:
day of
AYES:
Counc il Members
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19 NAYS:
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21 ABSENT:
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City Clerk
The foregoing ordinance is hereby approved this
day
, 1985.
of
Mayor of the City of San Bernardino
28 Approved as to form:
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