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ECONOMIC DEVELOPMENT AGENCY , 4
FROM: Maggie Pacheco SUBJECT: Resolution approving a modification to the
Executive Director boundaries of the conditionally designated San
Bernardino Valley Enterprise Zone
DATE: January 14,2008
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Synopsis of Previous Commission/Council/Committee Action(s):
On August 21, 2006, the Mayor and Common Council of the City of San Bernardino authorized the submittal of a multi-
jurisdiction application to the State Department of Housing and Community Development(HCD)for the designation of the San
Bernardino Valley Enterprise Zone (SBVEZ), along with approving a Memorandum of Understanding among the Cities of
Colton and San Bernardino, the County of San Bernardino, and the Inland Valley Development Agency QVDA) as parties to
the SBVEZ application.
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Recommended Motion(s):
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino approving a modification to the
boundaries of the conditionally designated San Bernardino Valley Enterprise Zone
Contact Person(s): Maggie Pacheco Phone: (909)663-1044
Project Area(s): N/A Ward(s): 1,2,3 and 6
Supporting Data Attached: 0 Staff Report 0 Resolution(s) ❑Agreement(s)/Contract(s)0 Map(s)❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
l
Signature: Fiscal Review: �
Maggie Pacheco,Ex cutive Director Bar ara Lindseth,Administrative Services Director
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Commission/Council Notes: -
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PAAgendas\Comm Dev Commission\CDC 2008\01-22-08 Modification of SBVEZ Boundaries SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
RESOLUTION APPROVING A MODIFICATION TO THE BOUNDARIES OF THE
CONDITIONALLY DESIGNATED SAN BERNARDINO VALLEY ENTERPRISE ZONE
BACKGROUND:
On August 21, 2006, the Mayor and Common Council of the City of San Bernardino ("City")
authorized the submittal of a multi jurisdiction application to the State Department of Housing and
Community Development ("HCD") for the designation of the San Bernardino Valley Enterprise Zone
("SBVEZ"), along with approving a Memorandum of Understanding ("MOU") among the Cities of
Colton and San Bernardino, the County of San Bernardino ("County"), and the Inland Valley
Development Agency ("IVDA") as parties to the SBVEZ application setting forth the duties and
responsibilities for each jurisdiction. Additionally, the MOU addressed the proposed budget for the
first five (5) years of the SBVEZ.
On January 10, 2007, the HCD issued the SBVEZ conditional designation status retroactive to October
15, 2006, the expiration date of the Agua Mansa Enterprise Zone being October 14, 2006. The
SBVEZ currently contains 25,776 acres.
During the application process, specific industrial and commercial areas were not included in the
application area in order to meet the requirement that 51% of the proposed zone must be
industrial/commercial zoned acreage. California Code of Regulations Title 25, Division 1, Chapter 7,
Subchapter 21, Article 7, offers the participating jurisdictions the opportunity to modify the application
area to include previously omitted areas while under a conditional designation status. Certain
restrictions and requirements apply in order to modify the application area:
1. Added commercial acreage must be contiguous to the established application area boundaries;
2. Added industrial acreages need not be contiguous to the established application area boundaries
and cannot be used to establish application area boundary contiguity for the purposes of adding
commercial acreage;
3. The application area modification can be no greater than 5% of the application area; and
4. A Resolution by the governing body approving the application area modification is to be
submitted to the HCD along with required maps, legal description, and other demographic
information pertaining to the proposed added acreages.
CURRENT ISSUE:
The City and County have determined additional acreages within their respective territorial
jurisdictions for the application area modification. Since the City of Colton is presently conducting an
environmental review for the final designation of the SBVEZ, they have chosen not to participate in a
modification to their application area. The County completed its environmental review requirements
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P:Wgendas\Comm Dev Commission\CDC 2008\01-22-08 Modification of SBVEZ Boundaries SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number:
Economic Development Agency Staff Report
Modification of SBVEZ Boundaries
Page 2
on December 4, 2007, with the filing of a Notice of Determination ("NOD"), California State Clearing
House No. 2005101038. The City of San Bernardino completed its environmental review
requirements on December 17, 2007, with the filing of the NOD, California State Clearing House No.
2004111132.
The County is proposing to add an additional 1,050.50 acres of industrial and commercial land and the
City is proposing to add an additional 237.50 acres of industrial and commercial land to the application
area to take advantage of tax credit benefits for businesses afforded by the Enterprise Zone in these
corridor areas considered for a "Property Business Improvement District ("PBID")." The City's
portion consists of five (5) commercial areas and two (2) industrial areas as follows: industrial areas
along the east side of the 1-215 Freeway between West 16th Street south to West Orange Street and the
area lying north of 6th Street south to 3rd Street between Sterling Avenue and Lankershim Avenue;
commercial areas lying northeast of the 1-215 Freeway in the areas of Little League Drive and
University Parkway, the area along Base Line Street west of Tippecanoe Avenue, the area east of
Waterman Avenue between 3rd Street and 6th Street, and the area along West Base Line Street between
Perris Street and "L" Street.
Adoption of this Resolution will enable the conditionally designated SBVEZ to apply for an
application area modification by a total of 1,288 additional acres which represents no more than 5% of
the original 25,777 acres and process the SBVEZ to obtain its final designation status within the next
thirty(30) days.
ENVIRONMENTAL IMPACT:
The SBVEZ land use designations and project description conform to the City's General Plan Program
Environmental Impact Report, certified November 1, 2005. With the filing of the NOD, no further
environmental analysis is required.
FISCAL IMPACT:
Approval of this recommendation will have no additional impact on the City General Fund.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution.
Maggie Pacheco, Executive Director
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PAAgendas\Comm Dev Commission\CDC 2008\01-22-08 Modification of SBVEZ Boundaries SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number:
O D
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING A MODIFICATION TO THE
BOUNDARIES OF THE CONDITIONALLY DESIGNATED SAN
4 BERNARDINO VALLEY ENTERPRISE ZONE
5 WHEREAS, on August 21, 2006, the Mayor and Common Council of the City of San
6 Bernardino ("Council") authorized the submittal of a multi-juri sdiction application to the State
7 Department of Housing and Community Development ("HCD") for the designation of the San
8 Bernardino Valley Enterprise Zone ("SBVEZ") as illustrated on Exhibit "A," along with approving
9 a Memorandum of Understanding among the Cities of Colton and San Bernardino ("City"), the
10 County of San Bernardino ("County'), and the Inland Valley Development Agency ("IVDA"), as
11 parties to the SBVEZ application setting forth the duties and responsibilities for each jurisdiction,
12 and
13 WHEREAS, the purpose of the SBVEZ program is to stimulate business and industrial
14 growth in depressed areas of the State by providing monetary incentives to businesses that create
15 economic activity within the SBVEZ and relaxing regulatory controls that impede private
16 investment; and
17 WHEREAS, on January 10, 2007, the HCD issued the SBVEZ conditional designation
18 status to take effect on October 15, 2006, the expiration date of the Agua Mansa Enterprise Zone
19 being October 14, 2006; and
20 WHEREAS, during the application process, specific industrial and commercial areas were
21 not included in the application area in order to meet the requirement that 51% of the application
22 area must be industrial commercial zoned acreage; and
23 WHEREAS, the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter
24 21, Article 7, offers the participating jurisdictions the opportunity to modify the application area to
25 include previously omitted areas; and
26 WHEREAS, certain requirements must be met in order to modify the application area: 1)
027 additional commercial acreage must be contiguous to the established application area boundaries;
g �' PP
28 2) additional industrial acreages need not be contiguous to the established application area
1
P:'.Agendas R-1.t,ons;Reso1wionsl2008 01-'_2-0F Medifi-Iion of SBVEZ Boundaries MCC Re o.do,
I boundaries and cannot be used to establish application area boundary contiguity for the purposes of
2 adding commercial acreage; 3) the application area modification can be no greater than 5% of the
3 original application area; and 4) a Resolution by the governing body approving the application area
4 modification is to be submitted to the HCD in addition to required maps, legal description and
5 other demographic information pertaining to the proposed added acreages, and
6 WHEREAS. the City and the County have each determined their additional acreages for the
7 boundary modification; and
8 WHEREAS, the City is proposing to add an additional 237.50 acres of industrial and
9 commercial land and the County is proposing to add an additional 1,050.50 acres of industrial and
10 commercial land as illustrated on Exhibit "B," as attached hereto and for reasons stated in the Staff
11 Report; and
12 WHEREAS, since the City of Colton is presently conducting an environmental review for
13 the final designation of the SBVEZ within its territorial jurisdiction and therefore, has elected not
14 to participate in the boundary modification; and
15 WHEREAS, the City completed its environmental determination on December 17, 2007,
16 and the County completed its environmental review on December 4, 2007, with the adoption of
17 their respective Notice of Determination.
18 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
19 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
20 FOLLOWS:
21 Section 1. The City hereby approves the modification to the boundaries of the conditionally
22 designated San Bernardino Valley Enterprise Zone and authorizes the inclusion of those portions
23 within the City boundaries, as set forth in Exhibit "B" to be in the conditionally designated SBVEZ.
24 Section 2. This Resolution shall take effect upon its adoption and execution in the manner
25 as required by the City Charter.
26
27
28
i
I� P�Aaendas\Resolutions Jtesolutions\2008\01-22-OS Modification of SBVEZ Boundaries MCC Res doc
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING TO A MODIFICATION TO THE
2 BOUNDARIES OF THE CONDITIONALLY DESIGNATED SAN
3 BERNARDINO VALLEY ENTERPRISE ZONE
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof,
6
held on the day of , 2008, by the following vote to wit:
7
Council Members: Ayes Nays Abstain Absent
8
ESTRADA
9
BAXTER -
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
Rachel G. Clark, City Clerk
17
18 The foregoing Resolution is hereby approved this day of 2008.
19
20 Patrick J. Morris, Mayor
21 City of San Bernardino
22 I Approved as to Form-
23 /
Bv:
24 James F. Penman, City Attorney
25
26
027
28
3
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