Chapter 2 — AUTHORIZED ACTIVITIES

Section

• 110.0201 General Activities.
• 110.0202 Affordable Housing.
• 110.0203 Property Acquisition and Use.
• 110.0204 Public Improvements.
• 110.0205 Commercial Facilities.
• 110.0206 Remediation.
• 110.0207 Business Development.

To accomplish the purpose of this Division, the County is authorized to perform the following activities: (a) In addition to all other powers vested in the County, to undertake and complete any proceedings necessary to carry out the Economic Development Program as enumerated in this Division. (b) Assist in the creation of an economic opportunity, redevelopment, and community economic development pursuant to and in conformance with the requirements of this Division. (c) Assist in the development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable. (d) Provide relocation assistance to persons displaced by governmental action. (e) Finance any project or portion of a project that is located in, or overlaps with, any redevelopment project area or former redevelopment project area or former military base, an enhanced infrastructure financing district adopted pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the Government Code, an infrastructure financing district adopted pursuant to Chapter 2.8 of Part 1 of Division 2 of Title 5 of the Government Code, an infrastructure and revitalization financing district adopted pursuant to Chapter 2.6 of Part 1 of Division 2 of Title 5 of the Government Code, or a community revitalization and investment authority adopted pursuant to Division 4 of Title 6 of the Government Code. (f) Contract with and employ any persons for the furnishing to the County of special services and advice in financial, economic, accounting, engineering, legal, real estate, or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required. (Ord. 4316, passed - -2017)

In addition to all other powers vested in the County, in carrying out the purposes of this Division, the County may exercise any or all of its powers for the construction, rehabilitation, or preservation of affordable housing for extremely low, very low, low and moderate income persons or families, including the following: (a) Acquire real property or building sites. (b) Improve real property or building sites with onsite or offsite improvements, but only if both: (1) the improvements are part of the new construction or rehabilitation of affordable housing units for low or moderate income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units; and (2) the County requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same time period and in the same manner as provided in §§ 62101(c) and 62101(f)(2) of the Health and Safety Code. (c) Donate real property to private or public persons or entities for affordable housing purposes. (d) Accept a conveyance of real property owned by a public entity, declared surplus by a public entity, or owned by a private entity. (e) Finance insurance premiums necessary for the provision of insurance during the construction or rehabilitation of properties that are administered by governmental entities or nonprofit organizations to provide housing for lower income households, as defined in § 50079.5 of the Health and Safety Code, including rental properties, emergency shelters, transitional housing, or special residential care facilities. (f) Construct, acquire, repair, or rehabilitate buildings or structures, including multipurpose facilities and other community service facilities. (g) To the extent the following households cannot obtain housing at affordable costs on the open market, provide subsidies to, or for the benefit of: extremely low income households, as defined by § 50106 of the Health and Safety Code; very low income households, as defined by § 50105 of the Health and Safety Code; lower income households, as defined by § 50079.5 of the Health and Safety Code; or persons and families of low or moderate income, as defined by § 50093 of the Health and Safety Code. Housing units available on the open market are those units developed without direct government subsidies. (h) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. (i) Maintain the community’s supply of mobile homes. (j) Preserve the availability to lower income households of affordable housing units in housing developments that are assisted or subsidized by public entities and that are threatened with imminent conversion to market rates. (k) Make loans to improve, increase, or preserve the supply of low and moderate income housing, emergency shelters for homeless persons or households. (l) Sell, lease, grant, donate or otherwise convey real property owned or acquired by the County to a housing authority, private or nonprofit organization, or to any public body for public housing projects. (m) Require, by recorded covenants or restrictions, that all dwelling units constructed or rehabilitated pursuant to this Division shall remain available at affordable rent or housing cost to, and occupied by, low or moderate income households, for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. (Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real property or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the County. The County shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the County acquires or purchases real property subject to the requirements specified in § 110.0502 of this Code or the requirements specified in § 52201 of the Government Code. (b) Finance the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property. (c) Clear or move buildings, structures, or other improvements from any real property acquired by the County. (d) Construct, improve or rehabilitate buildings, facilities or structures or building sites with onsite or offsite improvements. (e) Rent, maintain, manage, operate, repair, and clear real property. (f) Sell, lease, for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise dispose of any real property or personal property or any interest in property. (g) Develop as a building site any real property owned or acquired by the County. (h) Insure or provide for the insurance of any real property or personal property of the County against risks or hazards. (i) Make loans or grants for or to owners or tenants for the purpose of improving, rehabilitating, or retrofitting facilities, and any such loan shall be in the form of a written loan agreement that includes a payment schedule, the terms for interest calculation, the rights and remedies of the parties in case of default, and any other material terms of the loan. (j) Provide for seismic retrofits of unreinforced masonry buildings, any buildings that qualify as “historical property” under Health and Safety Code § 37602, or any other building to meet the requirements of the most current edition of the Uniform Building Code of the International Conference of Building Officials, as adopted and amended by the County. (k) Take any actions necessary to remove graffiti from public or private property. (l) Provide aid and assistance to property owners in connection with rehabilitation loans and grants. (m) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings or facilities to be used for residential, commercial, or industrial purposes. (n) Finance any transit priority projects, as defined in § 21155 of the Public Resources Code, that are located within a transit priority project area. (o) Finance any projects that implement a sustainable communities strategy, prepared pursuant to § 65080 of the Government Code. (Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers: (a) Cause, provide for, or undertake, or make provision with other agencies, public entities, or a joint powers authority for, the acquisition, installation, rehabilitation, upgrade, or construction of infrastructure, including but not limited to: (1) Highways, interchanges, ramps, bridges, arterial streets, parking facilities, and any type of transit facilities. (2) Water, sewer, and storm drainage facilities. (3) Facilities and watershed lands used for the collection and treatment of water for urban uses. (4) Flood management, including levees, bypasses, dams, retention basins, and drainage channels. (5) Child care facilities. (6) Libraries.

(7) Parks, park related recreational facilities, open space and habitat restoration. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (b) Fund the installation, rehabilitation, upgrade, or construction of infrastructure improvements which an owner or operator of the site would otherwise be obliged to provide, if the County makes a finding that the provision of such improvements is necessary to effectuate the purposes of the Economic Development Program. (c) Pay all or a part of the value of the land for and the cost of the acquisition, installation, and construction of any building, facility, structure, or other improvement that is publicly owned. Provided, however, that the County shall not finance routine maintenance, repair work, or the costs of an ongoing operation or providing services of any kind. (Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers: (a) Loan funds to owners or tenants for the purpose of rehabilitating facilities. (b) Provide direct assistance to businesses in connection with new or existing commercial facilities including retail, industrial or manufacturing uses. (c) Acquire, construct, or repair of facilities for private use. As part of an agreement that provides for the development or rehabilitation of property that will be used for facilities, the County may assist with the financing of capital equipment, including, but not limited to, pollution control devices, so long as the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market. (Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers: (a) Make loans or grants to fund brownfield restoration and other environmental mitigation. (b) Take any actions that the County determines are necessary and that are consistent with other State and Federal laws to remedy or remove a release of hazardous substances on, under, or from property, whether the County owns that property or not, and utilize any powers under either the Polanco Redevelopment Act (Article 12.5 (commencing with § 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with § 25403) of Division 20 of the Health and Safety Code, and finance any action necessary to implement those laws. (Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers: (a) Assist businesses to further any of the purposes in this Division. (b) Assist businesses to promote employment creation, retention, and workforce development activities. (c) Create business development assistance programs. (Ord. 4316, passed - -2017)