33200. (a) As an alternative to the appointment of five members of
the agency, the legislative body may, at the time of the adoption of
an ordinance pursuant to Section 33101 or 33140 of this part, or at
any time thereafter by adoption of an ordinance, declare itself to be
the agency; in which case, all the rights, powers, duties,
privileges and immunities, vested by this part in an agency, except
as otherwise provided in this article, shall be vested in the
legislative body of the community. If a member of the legislative
body of a city or county does not wish to serve on the agency, the
members may so notify the legislative body of the city or county, and
the legislative body of the city or county shall appoint a
replacement who is an elector of the city or county to serve out the
term of the replaced member.
However, in any community in San Bernardino County which is a
charter city, the adoption of any order or resolution by the
legislative body acting as the agency shall be governed by the same
procedures as are set forth in the provisions of the charter, and the
mayor shall be the chairperson of the agency, having the same power
and authority in the conduct of the agency and the meetings of the
legislative body acting as the agency, that the mayor has in the
conduct of the affairs of the city.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that the action shall serve the
public interest and promote the public safety and welfare in an
effective manner.
(b) In the event an appointive agency has been designated and has
been in existence for at least three years, the legislative body
shall not adopt an ordinance declaring itself to be the agency
without first conducting a public hearing on the proposed ordinance.
Notice of the public hearing required by this subdivision shall be
published not less than once during the 10 calendar days immediately
prior to the hearing in a newspaper of general circulation, printed
and published in the community, or if there is none, in a newspaper
selected by the legislative body. The notice of hearing shall include
a general statement of the procedure and effect of the legislative
body's declaring itself to be the agency. Copies of the notice shall
be posted throughout the affected project area or areas at least 10
calendar days prior to the hearing. The legislative body shall also
mail by first-class mail copies of the notice at least 10 calendar
days prior to the hearing, to all persons who have expressed to the
agency or the legislative body an interest in receiving information
on redevelopment activities.
The legislative body shall cause the preparation of any report or
reports or proposals, as are necessary to substantiate and explain
the determination that the legislative body shall declare itself the
redevelopment agency, to be presented at the public hearing.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that (1) the action will serve
the public interest and promote the public safety and welfare in a
more effective manner than the current organization, and (2) there
has been full public disclosure of all reports and proposals relating
to the legislative body's intent to declare itself the redevelopment
agency.
33201. (a) A legislative body which has declared itself to be the
agency pursuant to Section 33200 may by ordinance create a community
redevelopment commission. The ordinance shall establish the number of
members of the commission, but not less than seven, their terms of
office, and the method of their appointment and removal.
(b) (1) No member of the commission shall acquire any interest in
any property included within a project area. Any member who owns or
has any direct or indirect financial interest in any property within
a project area shall immediately make a written disclosure of that
interest to the legislative body.
(2) A rental agreement or lease of property which meets all of the
following conditions is not an interest in property for purposes of
paragraph (1):
(A) The rental or lease agreement contains terms that are
substantially equivalent to the terms of a rental or lease agreement
available to any member of the general public for comparable property
in the project area.
(B) The rental or lease agreement includes a provision which
prohibits any subletting, sublease, or other assignment at a rate in
excess of the rate in the original rental or lease agreement.
(C) The property which is subject to the rental or lease agreement
is used in the pursuit of the principal business, occupation, or
profession of the member of the commission.
(D) The member of the commission who obtains the rental or lease
agreement immediately makes a written disclosure of that fact to the
commission and the legislative body.
33202. If a community redevelopment commission is created as
provided in Section 33201, its functions shall be to prepare a
redevelopment plan for each project area, hold and conduct hearings
thereon, adopt and submit such plan, together with a report, to the
legislative body, pursuant to all of the provisions, requirements and
procedures of Article 4 (commencing with Section 33330) of Chapter 4
of this part; and the agency, in such case, shall not be required to
perform such functions. The legislative body may additionally
delegate any of its functions as the governing body of the agency to
the community redevelopment commission.
33203. A legislative body which has declared itself to be the
agency pursuant to Section 33200 may at any time by resolution
determine that it shall no longer function as an agency, in which
event, the mayor or chairman of the board of supervisors with the
approval of the legislative body shall appoint five or seven resident
electors of the community as members of the agency, and, upon such
appointment, the community redevelopment commission, if any, shall no
longer function.
33204. A chartered city may enact its own procedural ordinance and
exercise the powers granted by this part.
33205. An agency is authorized to delegate to a community any of
the powers or functions of the agency with respect to the planning or
undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is hereby
authorized to carry out or perform such powers or functions for the
agency.
33206. Notwithstanding any other provision of law, a legislative
body, at the time of the adoption of an ordinance pursuant to Section
33101 or 33140, and pursuant to a resolution authorizing such an
action, may contract with the Department of Housing and Community
Development, or any other agency or housing authority, for the
furnishing by the department, agency, or housing authority of any
necessary staff services associated with or required by redevelopment
and which could be performed by the staff of an agency. In such a
case the legislative body shall be vested with all of the rights,
powers, duties, and privileges and immunities vested by this part in
an agency.
33200. (a) As an alternative to the appointment of five members of
the agency, the legislative body may, at the time of the adoption of
an ordinance pursuant to Section 33101 or 33140 of this part, or at
any time thereafter by adoption of an ordinance, declare itself to be
the agency; in which case, all the rights, powers, duties,
privileges and immunities, vested by this part in an agency, except
as otherwise provided in this article, shall be vested in the
legislative body of the community. If a member of the legislative
body of a city or county does not wish to serve on the agency, the
members may so notify the legislative body of the city or county, and
the legislative body of the city or county shall appoint a
replacement who is an elector of the city or county to serve out the
term of the replaced member.
However, in any community in San Bernardino County which is a
charter city, the adoption of any order or resolution by the
legislative body acting as the agency shall be governed by the same
procedures as are set forth in the provisions of the charter, and the
mayor shall be the chairperson of the agency, having the same power
and authority in the conduct of the agency and the meetings of the
legislative body acting as the agency, that the mayor has in the
conduct of the affairs of the city.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that the action shall serve the
public interest and promote the public safety and welfare in an
effective manner.
(b) In the event an appointive agency has been designated and has
been in existence for at least three years, the legislative body
shall not adopt an ordinance declaring itself to be the agency
without first conducting a public hearing on the proposed ordinance.
Notice of the public hearing required by this subdivision shall be
published not less than once during the 10 calendar days immediately
prior to the hearing in a newspaper of general circulation, printed
and published in the community, or if there is none, in a newspaper
selected by the legislative body. The notice of hearing shall include
a general statement of the procedure and effect of the legislative
body's declaring itself to be the agency. Copies of the notice shall
be posted throughout the affected project area or areas at least 10
calendar days prior to the hearing. The legislative body shall also
mail by first-class mail copies of the notice at least 10 calendar
days prior to the hearing, to all persons who have expressed to the
agency or the legislative body an interest in receiving information
on redevelopment activities.
The legislative body shall cause the preparation of any report or
reports or proposals, as are necessary to substantiate and explain
the determination that the legislative body shall declare itself the
redevelopment agency, to be presented at the public hearing.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that (1) the action will serve
the public interest and promote the public safety and welfare in a
more effective manner than the current organization, and (2) there
has been full public disclosure of all reports and proposals relating
to the legislative body's intent to declare itself the redevelopment
agency.
33201. (a) A legislative body which has declared itself to be the
agency pursuant to Section 33200 may by ordinance create a community
redevelopment commission. The ordinance shall establish the number of
members of the commission, but not less than seven, their terms of
office, and the method of their appointment and removal.
(b) (1) No member of the commission shall acquire any interest in
any property included within a project area. Any member who owns or
has any direct or indirect financial interest in any property within
a project area shall immediately make a written disclosure of that
interest to the legislative body.
(2) A rental agreement or lease of property which meets all of the
following conditions is not an interest in property for purposes of
paragraph (1):
(A) The rental or lease agreement contains terms that are
substantially equivalent to the terms of a rental or lease agreement
available to any member of the general public for comparable property
in the project area.
(B) The rental or lease agreement includes a provision which
prohibits any subletting, sublease, or other assignment at a rate in
excess of the rate in the original rental or lease agreement.
(C) The property which is subject to the rental or lease agreement
is used in the pursuit of the principal business, occupation, or
profession of the member of the commission.
(D) The member of the commission who obtains the rental or lease
agreement immediately makes a written disclosure of that fact to the
commission and the legislative body.
33202. If a community redevelopment commission is created as
provided in Section 33201, its functions shall be to prepare a
redevelopment plan for each project area, hold and conduct hearings
thereon, adopt and submit such plan, together with a report, to the
legislative body, pursuant to all of the provisions, requirements and
procedures of Article 4 (commencing with Section 33330) of Chapter 4
of this part; and the agency, in such case, shall not be required to
perform such functions. The legislative body may additionally
delegate any of its functions as the governing body of the agency to
the community redevelopment commission.
33203. A legislative body which has declared itself to be the
agency pursuant to Section 33200 may at any time by resolution
determine that it shall no longer function as an agency, in which
event, the mayor or chairman of the board of supervisors with the
approval of the legislative body shall appoint five or seven resident
electors of the community as members of the agency, and, upon such
appointment, the community redevelopment commission, if any, shall no
longer function.
33204. A chartered city may enact its own procedural ordinance and
exercise the powers granted by this part.
33205. An agency is authorized to delegate to a community any of
the powers or functions of the agency with respect to the planning or
undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is hereby
authorized to carry out or perform such powers or functions for the
agency.
33206. Notwithstanding any other provision of law, a legislative
body, at the time of the adoption of an ordinance pursuant to Section
33101 or 33140, and pursuant to a resolution authorizing such an
action, may contract with the Department of Housing and Community
Development, or any other agency or housing authority, for the
furnishing by the department, agency, or housing authority of any
necessary staff services associated with or required by redevelopment
and which could be performed by the staff of an agency. In such a
case the legislative body shall be vested with all of the rights,
powers, duties, and privileges and immunities vested by this part in
an agency.
33200. (a) As an alternative to the appointment of five members of
the agency, the legislative body may, at the time of the adoption of
an ordinance pursuant to Section 33101 or 33140 of this part, or at
any time thereafter by adoption of an ordinance, declare itself to be
the agency; in which case, all the rights, powers, duties,
privileges and immunities, vested by this part in an agency, except
as otherwise provided in this article, shall be vested in the
legislative body of the community. If a member of the legislative
body of a city or county does not wish to serve on the agency, the
members may so notify the legislative body of the city or county, and
the legislative body of the city or county shall appoint a
replacement who is an elector of the city or county to serve out the
term of the replaced member.
However, in any community in San Bernardino County which is a
charter city, the adoption of any order or resolution by the
legislative body acting as the agency shall be governed by the same
procedures as are set forth in the provisions of the charter, and the
mayor shall be the chairperson of the agency, having the same power
and authority in the conduct of the agency and the meetings of the
legislative body acting as the agency, that the mayor has in the
conduct of the affairs of the city.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that the action shall serve the
public interest and promote the public safety and welfare in an
effective manner.
(b) In the event an appointive agency has been designated and has
been in existence for at least three years, the legislative body
shall not adopt an ordinance declaring itself to be the agency
without first conducting a public hearing on the proposed ordinance.
Notice of the public hearing required by this subdivision shall be
published not less than once during the 10 calendar days immediately
prior to the hearing in a newspaper of general circulation, printed
and published in the community, or if there is none, in a newspaper
selected by the legislative body. The notice of hearing shall include
a general statement of the procedure and effect of the legislative
body's declaring itself to be the agency. Copies of the notice shall
be posted throughout the affected project area or areas at least 10
calendar days prior to the hearing. The legislative body shall also
mail by first-class mail copies of the notice at least 10 calendar
days prior to the hearing, to all persons who have expressed to the
agency or the legislative body an interest in receiving information
on redevelopment activities.
The legislative body shall cause the preparation of any report or
reports or proposals, as are necessary to substantiate and explain
the determination that the legislative body shall declare itself the
redevelopment agency, to be presented at the public hearing.
As part of the legislative body's ordinance declaring itself to be
the redevelopment agency pursuant to this subdivision, the
legislative body shall make findings that (1) the action will serve
the public interest and promote the public safety and welfare in a
more effective manner than the current organization, and (2) there
has been full public disclosure of all reports and proposals relating
to the legislative body's intent to declare itself the redevelopment
agency.
33201. (a) A legislative body which has declared itself to be the
agency pursuant to Section 33200 may by ordinance create a community
redevelopment commission. The ordinance shall establish the number of
members of the commission, but not less than seven, their terms of
office, and the method of their appointment and removal.
(b) (1) No member of the commission shall acquire any interest in
any property included within a project area. Any member who owns or
has any direct or indirect financial interest in any property within
a project area shall immediately make a written disclosure of that
interest to the legislative body.
(2) A rental agreement or lease of property which meets all of the
following conditions is not an interest in property for purposes of
paragraph (1):
(A) The rental or lease agreement contains terms that are
substantially equivalent to the terms of a rental or lease agreement
available to any member of the general public for comparable property
in the project area.
(B) The rental or lease agreement includes a provision which
prohibits any subletting, sublease, or other assignment at a rate in
excess of the rate in the original rental or lease agreement.
(C) The property which is subject to the rental or lease agreement
is used in the pursuit of the principal business, occupation, or
profession of the member of the commission.
(D) The member of the commission who obtains the rental or lease
agreement immediately makes a written disclosure of that fact to the
commission and the legislative body.
33202. If a community redevelopment commission is created as
provided in Section 33201, its functions shall be to prepare a
redevelopment plan for each project area, hold and conduct hearings
thereon, adopt and submit such plan, together with a report, to the
legislative body, pursuant to all of the provisions, requirements and
procedures of Article 4 (commencing with Section 33330) of Chapter 4
of this part; and the agency, in such case, shall not be required to
perform such functions. The legislative body may additionally
delegate any of its functions as the governing body of the agency to
the community redevelopment commission.
33203. A legislative body which has declared itself to be the
agency pursuant to Section 33200 may at any time by resolution
determine that it shall no longer function as an agency, in which
event, the mayor or chairman of the board of supervisors with the
approval of the legislative body shall appoint five or seven resident
electors of the community as members of the agency, and, upon such
appointment, the community redevelopment commission, if any, shall no
longer function.
33204. A chartered city may enact its own procedural ordinance and
exercise the powers granted by this part.
33205. An agency is authorized to delegate to a community any of
the powers or functions of the agency with respect to the planning or
undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is hereby
authorized to carry out or perform such powers or functions for the
agency.
33206. Notwithstanding any other provision of law, a legislative
body, at the time of the adoption of an ordinance pursuant to Section
33101 or 33140, and pursuant to a resolution authorizing such an
action, may contract with the Department of Housing and Community
Development, or any other agency or housing authority, for the
furnishing by the department, agency, or housing authority of any
necessary staff services associated with or required by redevelopment
and which could be performed by the staff of an agency. In such a
case the legislative body shall be vested with all of the rights,
powers, duties, and privileges and immunities vested by this part in
an agency.
