HomeMy WebLinkAbout01-Council Office
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1 el1(:- OF SAN BERNARDry -
REQUMT FOR COUNCIL A('CjION
~.-../ ~.~~"I
Dept: Council Office
Subject: Enterprise Zone Ordimmce -
Clarification of Council Meeting
Minutes
-From: Councilman Steve Marks
Date: January 2, 1986
Synopsis of Previous Council ection:
NONE
Recommended motion:
That the Mayor and Common Council clarify the Minutes of November
1, 1985, to show that on that date the Council's intent was to have
Section 3.18.050 "Fee exemptions - commercial area", read as set forth
in Ordinance No. MC 485.
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~ignature
Contact person:
John T. Cole
Phone:
383-5188
N/A
N/A
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
Council Notes:
75-0262
DI
Agenda Item No. New Business
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CITY OF SAN BEIOIARDINCX)- MEMORANDL'J1 '\
To
Council Member Steve Marks
r . 6" -......'L ~....,~:
till \,0. :'" , ~ ~.." .~\~.::J
From City Clerk Shauna Clark
Subject
Enterprise Zone Ordinances
)"0' ['0"" f'! ~ t I
w.~J 'I...l. ",,_' Ii ~
Date
December 28, 1985
Approved
Date
In an effort to clarify the Council actions concerning the Enterprise Zone,
the Council record was researched by the City Clerk's Office. This is what
we have found.
There have been three ordinances adopted which
Zone. The ordinance numbers are HC 480 and 481,
and HC 485, adopted December 2, 1985. Copies
attached.
pertain to the Enterprise
adopted November 1, 1985,
of these ord inances are
The section in question, Section 3.18.050 Fee exemptions -Commercial area,
has been amended three times. The final version reads as follows:
"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 exempt on a one-time basis from certain
fees to qualifying new or expanding businesses
located within the Commercial Area of the Enterprise
Zone, upon application, the following: all engineer-
ing fees, planning fees, building permit fees, and
mechanical fees imposed by the City. Storm drain and
sewer capaci ty fee charge& are expressly not
exempt."
since this section was adopted by HC 485, the last ordinance adopted, it
would prevail over other versions.
At the last Council meeting, the minutes of November 1, 1985, were to be
clarified to more clearly show the Council's intent on the fee section of
the ordinance. In reference to this section, you gave me a note with the
following information: "City Council rescinded said action on December 2,
1985, with the adoption of Ordinance No. HC 485, which authorized a one-
time waiver of City imposed engineering fees, planning fees, building
permit fees and mechanical fees, for qualifying businesses located in the
commercial designated area of the Enterprise Zone within the first four
years of the life of the Enterprise Zone. Storm drain and sewer capacity
fee charges are expressly not exempt."
It appears that the final action of the Council, on December 5, 1985,
clearly reflects with the adoption of He 485 what the Council originally
intended on November 1, 1985.
If you concur, please make a motion to clarify the minutes of November 1,
1985, to show that on that date the Council's intent was to have Section
3.18.050 Fee exemptions - Commercial area, read as set forth in Ordinance
No. HC 485. (The City Clerk's Office will insert the full section into the
minutes.)
CIT" Oil TH.=-~
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ORDINANCE NO. Mr-4Rn
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
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.18 is hereby added to the San
Bernardino Municipal Code to read:
.
.CHAPTER 3.18
ENTERPRISE ZONE INCENTIVES
3.18.010 Incentives.
Each new business and each expanding business within the
Enterprise Zone established by resolution of the City of San
Bernardino pursuant to Assembly Bill 40, Chapter 45 of the
Statutes of 1984, shall qualify for the tax rebates and fee
exemptions provided for herein, to the extent and for the period ,
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
California, being Government Code Sections 7070 through 7077,
inclusive.
3.18.030 Definitions.
A. 'Commercial area' as used in this chapter is the
commercial area established within the Enterprise Zone as
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
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which has been sold, resulting in a change of ownership, will not '
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been relocated to San Bernardino from another area.
A business
.
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
1 or 2 above must be residents of the City of San Bernardino and
have been on the job for at least nine months.
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involving actual structural repairs and rehabilitation or through I
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E.
'Housing rehabilitation' as used in this chapter refers
to construction involving home improvement through remodeling
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 t~is 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 bome 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
tbe commercial area of the Enterprise Zone, upon application, the
following:
A. One bundred 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
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.-
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
regular
Bernardino at a n I'ldjnllrnp.c'll meeting thereof, held on the
1st
day of
November
, 1985, by the following vote, to
wit:
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AYES:
Council Members Estrada, Reilly, Hernandez.
Frazier, Strickler
NAYS:
None
ABSENT:
Council Members Marks, Ouiel
..6.U'/"4Ay"
./ City Clerk
The foregoing ordinance is hereby approved this 5th day
of
November
,1985. ~~'
~ ~'--~/,' ~ --
eOf the City of San Bernardino
Mayor Pro Tempore
Approved as to form:
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City Attorney
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ORDINANCE NO.
MC-48l
ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING
2 INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN
3 RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE, AND
DECLARING THE URGENCY THEREOF.
J.
~ IDO
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIIID
ORDAIN AS FOLLOWS:
6
7 Bernardino Municipal Code to read:
8
SECTION 1.
Chapter 3.18 is hereby added to the San
.CHAPTER 3.18
9
10
ENTERPRISE ZONE INCENTIVES
3.18.010 Incentives.
1]
]2 Enterprise Zone established by resolution of the City of San
13
Each new business and each expanding business within the
Bernardino pursuant to Assembly Bill 40, Chapter 45 of the
14 Statutes of 1984, shallcqualify for the tax rebates and fee
]5 exemptions provided for herein, to the extent and for the period
]6
17
]8
19
20
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
2] 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
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
]
2 industrial area established within the Enterprise Zone as
3 described in a resolution of the City of San Bernardino.
4 C. 'New business' as used in this chapter is any business
5 which is start-up in nature or an existing business which has
6 been relocated to San Bernardino from another area. A business
- which has been sold, resulting in a change of ownership, will not
I
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
]] as the criteria in either paragraph 1 or 2.
, ]2 1. A physical move of an existing business into a new
]3 location within the designated commercial area that results in at
]4 least fifty percent increase of permanent, full-time employees or
]5 an increase of two permanent, full-time employees, whichever is
]6 larger, within three years from the date of the move.
]7 2. A physical expansion of existing facilities which
]8 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
2] 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 E. 'Housing rehabilitation' as used in this chapter refers
26 to construction involving home improvement through remodeling
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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28 unicipal Code, relating to telephone, electricity, natural gas
29 nd cable television use during that period.
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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
2
3 Commissioners from the new business during that period.
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Onl}' 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
6
be based on the stated percentage of the increase of such tax
7
over and above a base amount, which base amount shall be the
8
9 total amount of each such tax paid by that business during the
]0 twelve-month period immediately preceding such expansion.
]]
]2
]3 Or expands in the Enterprise Zone within the first four years of
14 the life of the Enterpris~ Zone, City shall exempt from certain
]5 fees for three years to qualifying new or expanding businesses
located within the Commercial Area of the Enterprise Zone, upon
3.l8.050
Fee exemptions - Commercial area.
For any qualifying new or expanding business which locates
]6
]7 application, the following:
]8 building permit fees, and mechanical fees imposed by the City.
19 Storm drain and sewer capacity fee charges are expressly not
all engineering fees, planning fees,
20 exempt.
3.18.060
Rebates - industrial area.
2]
22
23
During the first year of operation of any new industrial
usiness located within the industrial area of the Enterprise
24 Zone, City shall rebate to qualifying new businesses, upon
pplication, the following:
A.
Twenty-five percent of the utility service users' taxes
by such business under Chapter 3.44 of the San Bernardino
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B. Twenty-five percent of the business license tax paid by
]
such business for the period under the provisions of Chapter 5.04
2
3 of the San Bernardino Municipal Code. The City Clerk may
administratively grant the rebate at the time of initial and
4
I annual application.
S
6 3.18.070 Fee exemptions - in-fill and rehabilitation.
- In-fill housing and housing rehabilitation projects within
I
8 the Enterprise Zone shall be exempt from all engineering fees,
9 planning fees, building permit fees and mechanical fees imposed
]0 by the City. Storm drain and sewer capacity fee charges are
]] expressly not exempt, provided, however, that the City's existing
J2 policy regard~ng exemptions where homes and structures have
]3 previously been connected to the sewer and have been demolished
]4 shall continue in effect."
15 SECTION 2. It is the intent of the Mayor and Common Council
16 to analyze the impact of the tax rebates on development in the
]7 designated commercial area of the Enterprise Zone. The review
]8 and analysis period shall occur no later than the end of the
]9 first four years of the life of the Enterprise Zone, at which
20 time the Mayor and Common Council will take steps to enhance the
2] needed overall development strategy in the designated commercial
22 area.
23 SECTION 3. This ordinance is adopted as an urgency
24 ordinance, effective immediately upon adoption. The facts
25 constituting urgency are that the City's Enterprise Zone
pplication is being submitted to the State of California not
November 5, 1985, for state designation of an
nterprise Zone, and the City is convinced that it is significant
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that the incentives established herein should be in place at the
1
2 time of submission of the application.
Furthermore, the City has
3 an urgent need for infill housing particularly in the area
4 bounded by the 1-215 Freeway and Mt. Vernon, and by Fifth Street
r and Ninth Street, and the San Bernardino Neighborhood Housing
...
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6 Services has a program for a veteran owner-built infill housing
7 project standing by with financing arranged, including Cal-Vet
8 and City-provided assistance which program is threatened by
9 immediate cash flow problems if not commenced immediately. The
]0 ultimate success of the infill housing program depends on early
]] implementation which will receive an immediate boost by the
]2 start-up of San Bernardino Neighborhood Housing Services project,
]3 which will occur immediately after adoption of this ordinance.
14 I HEREBY CERTIFY tpat the foregoing ordinance was duly
]5 adopted by the Mayor and Common Council of the City of San
regular
]6 Bernardino at aD nr'ljnllrnp<'l! meeting thereof, held on the
17
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day of NmTPmhpr
, 1985, by the following vote, to
]8 wit:
]9 AYES:
20
2] NAYS:
22
23 ABSENT:
24
25
26 / / / /
27
28
Council Members FQ~r"n". Rp;"y.
nQ.,....n;:tnno'7'
.
Frazier, Strickler
None
Council Members Marks, Quiel
A'?///;t?/~~
/ City Clerk
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2 of
The foregoing ordinance is hereby approved this l~~
day
November
,1985. ~
- . -~~~-&~/
'Mayo~ of the City of San Bernardino
Pro Tempore
3
4 Approved as to form:
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~;'/'~.~~~
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7 City Attorney
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ORDINANCE
o
NO. I!C-485
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
3.18.050 OF THE SAN BERNARDINO MUNICIPAL CODE '1'0 PROVIDE FOR
ADDITIONAL TIME FOR THE FEE EXEMPTION PROVISION TO APPLY IN THE
ENTERPRISE ZONE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.18.050 of the San Bernardino Municipal
Code is hereby amended to read:
7
8
a3.l8.050 Fee exemptions - Commercial area.
9
]0 or expands in the Enterprise Zone within the first four years of
For any qualifying new or expanding business which locates
J] the life of the Enterprise Zone, City shall exempt on a one-time
]2 basis from certain fees to qualifying new Or expanding businesses
]3 located within the Commercial Area of the Enterprise Zone, upon
]4 application, the following: all engineering fees, planning fees,
]5 building permit fees, and mechanical fees imposed by the City.
16 Storm drain and sewer capacity fee charges are expressly not
]7 exempt..
]8 I HEREBY CERTIFY that the foregoing ordinance was duly
]9 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
reaular
meeting thereof, held on the
2J
2nd
day of
December , 1985, by the following vote, to
22 wit:
23 AYES:
Counci~ Members Estrada, Reilly, Fernandez. Marks.
Quiel, Frazier, Strickler
24
25 NAYS:
26
27 ABSENT:
28
None
None
/
,'~;?/';'...7/.(J;;~
City Clerk
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December
The foregoing ordinance is hereby approved this 4th day
, 1985.
4 Approved as to form:
5
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Ilit.. J t1 /.)-;'{f'?>
City Attorney y,"
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-?.....LLLt.r~'t l- ~.( _c' / .(.1.-"- ,/
May6r of the City of San Bernardino
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