San Bernardino County Municipal Code Ch. 1 General Provisions

The purpose of this Division is to authorize the County to undertake an Economic Development Program consisting of economic development activities that include, but are not limited to, those enumerated in this Division, for the purposes of: (a) promoting the general health and welfare; (b) improving the economic vitality of residents and businesses; (c) enhancing residential, commercial, and industrial cohesion; (d) promoting employment creation, retention, and workforce development activities; (e) expanding housing options for low and moderate income households; (f) improving retail and commercial opportunities for businesses and consumers; (g) promoting commercial and industrial activity; (h) encouraging tourism and visitor spending; (i) encouraging entertainment options, enriching cultural experiences, and improving recreational opportunities; and (j) expanding the County’s tax base to maintain and increase the County’s ability to provide services to residents and businesses. The economic development activities authorized by this Division accomplish these purposes and are among the proper powers and duties of the County.

(Ord. 4316, passed - -2017)

The Board of Supervisors finds, determines and declares that:

(a) The County is a Charter County under Article XI, Section 3 of the California Constitution, and that the Board of Supervisors is vested by the California Constitution, and by Article I, Section 3 of the County Charter, with the power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws that serve to protect the health, safety, and welfare of County residents.

(b) Neither the County Charter nor the provisions of this Division thwart or otherwise supersede the authority and self-determination of any city within the County, duly formed in accordance with Article XI, Section 2 or Section 3, of the California Constitution. The County retains the power to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws to protect the health, safety, and welfare of all persons residing within the County.

(c) Economic growth and the maintenance of the financial well-being of the residents and businesses within the County promotes the general welfare of the County and its residents.

(d) The County previously designated a redevelopment agency, the Redevelopment Agency of the County of San Bernardino, which engaged in economic activities under California’s former Community Redevelopment Law. That agency was dissolved effective February 1, 2012, pursuant to Assembly Bill X1 26 (2011) and Assembly Bill X1 27 (2011) and subsequent litigation, California Redevelopment Association v. Matosantos (2012) 53 Cal.4th 231. The adoption of this Division will allow the County to accomplish the purposes and goals of the County’s Economic Development Program despite the dissolution of the former Redevelopment Agency.

(e) In part to encourage activities previously engaged in by the former Redevelopment Agency, the County desires to engage in economic development activities and to adopt the Economic Development Program outlined in this Division to increase economic opportunity, expand public convenience, and promote the general prosperity of the community.

(f) The County is authorized to engage in economic development activities pursuant to: § 23004 of the Government Code relating to the management of County property; §§ 52200 et seq. of the Government Code relating to economic development; § 53083 of the Government Code relating to economic development; and Article XI, Section 7 of the California Constitution as interpreted by the California Supreme Court to authorize local ordinances and regulations “to promote the economic welfare, public convenience and general prosperity of the community.” (Miller v. Bd. Of Pub. Works (1925) 195 Cal. 477, 485.)

(g) The development of County-owned property and private property by a joint venture agreement with private enterprise for commercial, industrial, and cultural uses, would provide a means to produce additional revenue sources for the benefit of the County, and aid the economic well-being of the state generally.

(h) The Economic Development Program and the related activities of the County are and will be for a public purpose, to benefit the economic welfare, public convenience, and general prosperity of the County and its residents and businesses.

(i) Whenever the creation of economic opportunity and community economic development cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to advance or expend public funds for these purposes, and to provide a means by which economic opportunity and community economic development can be created and accomplished in the County.

(j) The Economic Development Program and the related activities of the County are a proper use of public resources for the public purposes described above and they provide a clear benefit to the community, including but not limited to, promoting the general health and welfare, improving the economic vitality of residents and businesses, enhancing residential, commercial and industrial cohesion, promoting employment creation, retention and workforce development activities, expanding housing options, improving retail and commercial opportunities for businesses and consumers, promoting commercial and industrial activity, encouraging tourism and visitor spending, encouraging entertainment options, enriching cultural experiences, improving recreational opportunities, eliminating blight, and expanding the County’s tax base to maintain and increase the County’s ability to provide services to residents and businesses. Such use of public resources shall therefore not be construed as a gift of public resources or funds as prohibited by Article XVI, Section 6 of the California Constitution.

(k) The creation of economic opportunity and the provision of appropriate continuing land use and construction policies with respect to property acquired, in whole or in part, for economic opportunity constitute public uses and purposes for which public money may be advanced or expended and private property acquired, and are governmental functions of local concern in the interest of the health, safety, and welfare of the people of the County.

(l) The County’s adoption and implementation of the Economic Development Program and other related activities authorized under this Division will not adversely impact property tax distribution to public school districts or adversely impact the State budget.

(m) Community economic development is a municipal affair under the purview of the County, as that term is used in Section 5 of Article XI of the California Constitution.

(n) The necessity of the public interest for the provisions of this Division is declared to be a matter of legislative determination.

(Ord. 4316, passed - -2017)

This Division is adopted pursuant to: Article XI, Section 7 of the California Constitution, which authorizes counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws that serve to protect the health, safety and welfare of its residents; § 23004 of the Government Code, which authorizes counties to manage county property; and § 52200 of the Government Code, which authorizes communities to enact local strategies to promote economic development on a local level to promote employment creation, retention and workforce development activities, create economic opportunity, and generate tax revenue for all levels of government.

(Ord. 4316, passed - -2017)

The procedures prescribed in this Division may be used by the County notwithstanding any other provisions of law and without compliance with any other provisions in conflict therewith. These procedures shall be an alternative to any other procedures provided by law, shall be applicable to public real property owned by the County regardless of the manner in which the real property was acquired, the purposes for which the real property was acquired, or other uses, if any, previously made of the real property. Real property being disposed of under this Division is hereby declared and deemed to be land held by the County for: (a) the purpose of exchange; and (b) to be transferred for the public purpose of furthering the County’s Economic Development Program. Furthermore, the property shall be deemed not to constitute “surplus land,” that is, land no longer necessary for the County’s use.

(Ord. 4316, passed - -2017)

As used in this Division, the following terms shall have the following meanings:

BOARD OF SUPERVISORS. The Board of Supervisors of the County of San Bernardino.

BONDS. The bonds, notes, certificates, debentures, and other obligations authorized to be issued by the County pursuant to this Division and payable as provided in this Division, which shall be payable solely from specified revenues, moneys, or assets pledged or assigned to secure payment of the bonds.

CHIEF EXECUTIVE OFFICER. The person designated as the Chief Executive Officer of the County.

COUNTY. The County of San Bernardino, any of its agencies, departments, and subdivisions, any associated districts, and any entity for which the Board of Supervisors serves as the legislative body, and any officer or employee thereof.

COUNTY COUNSEL. The attorney appointed by the Board of Supervisors to serve as the County Counsel pursuant to Section 6 of Article II of the County Charter.

DEBT. Any binding obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals.

ECONOMIC DEVELOPMENT. Any activity that enhances the factors of productive capacity, such as land, labor, capital, and technology, of a national, state, or local economy. ECONOMIC DEVELOPMENT includes policies and programs expressly directed at improving the business climate in business finance, marketing, neighborhood development, small business development, business retention and expansion, technology transfer, and real estate redevelopment. ECONOMIC DEVELOPMENT is an investment program designed to leverage private sector capital in such a way as to induce actions that have a positive effect on the level of business activity, employment, income distribution, and fiscal solvency of the community.

ECONOMIC DEVELOPMENT SUBSIDY. Any expenditure of public funds or loss of revenue to the County in the amount of $100,000.00 or more, for the purpose of stimulating economic development within the County, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits. Nothing in this Division shall be read to prohibit the expenditures or forbearance of public funds by the County for the purpose of providing housing affordable to persons and families of low or moderate income, as defined in § 50093 of the Health and Safety Code, and such expenditures shall not constitute an economic development subsidy for the purpose of complying with the procedural requirements applicable to economic development subsidies under this Division.

ECONOMIC DEVELOPMENT PROGRAM. The program established pursuant to this Division.

ECONOMIC OPPORTUNITY. Any of the following: (a) development agreements or other agreements that create, retain, or expand new jobs, in which the Board of Supervisors finds that the agreement will create or retain at least one full-time equivalent, permanent job for every $35,000.00 of County investment in the project after full capacity and implementation; (b) development agreements that increase property tax revenues to all property tax collecting entities, in which the Board of Supervisors finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity; (c) creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment; (d) projects that meet the goals set forth in the Sustainable Communities and Climate Protection Act of 2008 (Senate Bill 375, Chapter 728 of the Statutes of 2008) and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans; (e) transit priority projects, as defined in § 21155 of the Public Resources Code, located within transit priority project area; (f) such other meaning as adopted under any amendment to § 52200.2 of the Government Code.

FACILITY. Any of the facilities, places, buildings, or structures within the territorial jurisdiction of the County which are, or will be, maintained and operated for industrial, commercial, or business purposes, conform to the general plan of the County or the city in which the facility is located, and which are, or will be approved by the County for the financing authorized by this Division, with such approval being given only when the County finds and determines that such financing will substantially promote one or more of the public purposes listed in § 110.0101.

FAIR MARKET VALUE. The fair market value of property at the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. The FAIR MARKET VALUE of property for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

FAIR REUSE VALUE. The value of property that would be expected to be generated from the sale or lease of such property, in a competitive market, for a specific purpose under reuse conditions established by the County, with the assumption that the conveyance of the property will result in near-term development, avoid land speculation and include strict restrictions on the use of the property imposed pursuant to a written agreement with the County.

PERSON. Any individual, partnership, corporation, joint venture, firm, company, association, group, body politic, or other entity, and any officer, employee, agent, volunteer, trustee, assignee, contractor, or other representative thereof.

REAL PROPERTY. Means (a) land, including land under water and waterfront property; (b) buildings, structures, fixtures and improvements on the land; (c) any property appurtenant to or used in connection with the land; and (d) every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.

REDEVELOPMENT. Planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, and the provision of those residential, commercial, industrial, public, or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including recreational and other facilities incidental or appurtenant to them.

REVENUES. Amounts received by the County as payments of principal, interest, and all other charges with respect to a loan or assistance authorized by this Division, as payments under a lease, sublease or sale agreement with respect to a facility, as proceeds received by the County from mortgage, hazard or other insurance on or with respect to such a loan (or any property securing such loan), lease, sublease or sale agreement, all other rents, charges, fees, income and receipts derived by the County from the financing authorized by this Division, any amounts received by the County as investment earnings or moneys deposited in any fund securing the bonds, and such other legally available moneys as the Board of Supervisors may, in its discretion, lawfully designate as revenues.

SMALL BUSINESS. The meaning set forth in § 11342.610 of the Government Code.

SUBSIDIES. Includes, but is not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, tax credits, but specifically excludes subsidies for the purpose of providing low and moderate income housing.

TERRITORIAL JURISDICTION. The geographic territory of the County described in § 23136 of the Government Code.

(Ord. 4316, passed - -2017)

To the extent that the provisions of this Division are inconsistent with the provisions of any general statute or special act or parts thereof, the provisions of this Division shall be deemed controlling.

(Ord. 4316, passed - -2017)