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)