Article 3. Nature, Jurisdiction, And General Powers Of Agencies of California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 2. >> Article 3.
The territorial jurisdiction of the agency of a county is
the unincorporated territory in the county, and that of a city or
city and county is the territory within its limits.
The powers of each agency are vested in the members in
When a decision, determination, or other action by the
agency or legislative body is required by this part, neither the
agency nor the legislative body shall delegate the obligation to
decide, determine, or act to another entity unless a provision of
this part specifically provides for that delegation.
Each redevelopment agency exercises governmental functions
and has the powers prescribed in this part.
Each agency is performing a public function of the
An agency may:
(a) Sue and be sued.
(b) Have a seal.
(c) Make and execute contracts and other instruments necessary or
convenient to the exercise of its powers.
(d) Make, amend, and repeal bylaws and regulations not
inconsistent with, and to carry into effect, the powers and purposes
of this part.
An agency shall keep a record of the proceedings of its
meetings and those records shall be open to examination by the public
to the extent required by law.
(a) An agency may select, appoint, and employ such permanent
and temporary officers, agents, counsel, and employees as it
requires, and determine their qualifications, duties, benefits, and
compensation, subject only to the conditions and restrictions imposed
by the legislative body on the expenditure or encumbrance of the
budgetary funds appropriated to the community redevelopment agency
administrative fund. To the greatest extent feasible, the
opportunities for training and employment arising from a
redevelopment project planning and execution shall be given to lower
income residents of the project area. The agency shall adopt
personnel rules and regulations applicable to all employees. Such
rules shall contain procedures affecting conflicts of interest, use
of funds, personnel procedures on hiring and firing including removal
of personnel for inefficiency, neglect of duties, or misconduct in
office. Such rules and regulations shall be of public record.
(b) An agency may contract with the Department of Housing and
Community Development, or any other agency, for the furnishing by the
department, or agency, of any necessary staff services associated
with or required by redevelopment and which could be performed by the
staff of an agency.
An agency may:
(a) Obtain, hire, purchase, or rent office space, equipment,
supplies, insurance, or services.
(b) Authorize and pay the travel expenses of agency members,
officers, agents, counsel, and employees on agency business.
For the purposes of the agency, it shall have access to the
services and facilities of the planning commission, the city
engineer, and other departments and offices of the community.
The grant of money appropriated by the legislative body of
the community to the community redevelopment agency administrative
fund is not to be construed as making the agency a department of the
community or placing the officers, agents, counsel, and employees
under civil service of the community.
(a) No agency or community officer or employee who in the
course of his or her duties is required to participate in the
formulation of, or to approve plans or policies for, the
redevelopment of a project area shall acquire any interest in any
property included within a project area within the community. If any
such officer or employee owns or has any direct or indirect financial
interest in property included within a project area, that officer or
employee shall immediately make a written disclosure of that
financial interest to the agency and the legislative body and the
disclosure shall be entered on the minutes of the agency and the
legislative body. Failure to make the disclosure required by this
subdivision constitutes misconduct in office.
(b) Subdivision (a) does not prohibit any agency or community
officer or employee from acquiring an interest in property within the
project area for the purpose of participating as an owner or
reentering into business pursuant to this part if that officer or
employee has owned a substantially equal interest as that being
acquired for the three years immediately preceding the selection of
the project area.
(c) A rental agreement or lease of property which meets all of the
following conditions is not an interest in property for purposes of
(1) 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.
(2) 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.
(3) 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 officer or employee.
(4) The agency or community officer or employee who obtains the
rental or lease agreement immediately makes a written disclosure of
that fact to the agency and the legislative body.
Notwithstanding any other provisions of law, an officer,
employee, consultant, or agent of the agency or community, for
personal residential use, may purchase or lease property within a
project area after the agency has certified that the improvements to
be constructed or the work to be done on the property to be purchased
or leased have been completed, or has certified that no improvements
need to be constructed or that no work needs to be done on the
property. Any such officer or employee who purchases or leases such
property shall immediately make a written disclosure to the agency
and the legislative body, which disclosure shall be entered on the
minutes of the agency. Any such officer or employee shall thereafter
be disqualified from voting on any matters directly affecting such a
purchase, lease, or residency. Failure to so disclose constitutes
misconduct in office.
An agency may:
(a) From time to time prepare and carry out plans for the
improvement, rehabilitation, and redevelopment of blighted areas.
(b) Disseminate redevelopment information.
(c) Prepare applications for various federal programs and grants
relating to housing and community development and plan and carry out
such programs within authority otherwise granted by this part, at the
request of the legislative body.
The agency may accept financial assistance from public or
private sources as authorized by Chapter 6 (commencing with Section
33600) or any other provision in this part.
The agency may accept any other assistance from the state or
federal government or any public or private source for any
redevelopment project within its area of operation or for the agency'
s activities, powers, and duties.
Within the survey area or for purposes of redevelopment an
agency may insure or provide for the insurance of any operations of
the agency against risks or hazards.
Upon request from and at the expense of any public body, an
agency may, outside any survey area, with the approval of the
legislative body, provide (1) relocation assistance to persons
displaced by governmental action, and (2) aid and assistance to
property owners in connection with rehabilitation loans and grants.
An agency may finance the cost of 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 Section 50079.5, including rental
properties, emergency shelters, transitional housing, or special
residential care facilities.