33492.70. (a) (1) This article shall govern the establishment and
operation of all redevelopment project areas created within the area
previously known as Fort Ord.
(2) It is the intent of the Legislature that the redevelopment of
the territory of Fort Ord be conducted jointly, in part by
redevelopment project areas established by cities and the county with
jurisdiction over parts of the territory of what was previously
known as Fort Ord, and in part by the Fort Ord Reuse Authority. It is
further the intent of the Legislature that this joint redevelopment
include the sharing of tax increment revenues pursuant to this
article. The joint division of tax increment will enable the local
redevelopment agencies to finance redevelopment activities which
primarily affect their own jurisdictions, and the authority will have
a revenue source to assist in financing redevelopment of facilities
of basewide significance.
(b) The board of the Fort Ord Reuse Authority, as established by
Title 7.85 (commencing with Section 67650) of the Government Code,
may, by ordinance, establish in the area of Fort Ord a public body,
corporate and politic, known as the Redevelopment Agency of Fort Ord.
This agency may transact business and exercise its powers as a
redevelopment agency upon the effective date of the establishing
ordinance. The provisions of the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24), as modified by
Chapter 4.5 (commencing with Section 33492) thereof, shall apply to
the Redevelopment Agency of Fort Ord, and this agency shall have all
powers of a redevelopment agency as provided in this part.
(c) In addition to the powers of an agency, the Redevelopment
Agency of Fort Ord shall also act as the legislative body and the
planning commission for all approvals and actions required and
authorized by this part for the adoption and implementation of a
redevelopment plan. However, subject to the consistency and appeal
provision of Title 7.85 (commencing with Section 67650) of the
Government Code and other applicable provisions of state law, all
planning, zoning, and permitting decisions with regard to the land
within the project area shall continue to be under the control and
jurisdiction of each of the respective local legislative bodies, as
applicable.
(d) For purposes of this article, "board" means the governing
board of the Fort Ord Reuse Authority, as defined in Title 7.85
(commencing with Section 67650) of the Government Code. "Legislative
body," as used elsewhere in this part, shall, for the purposes of
this article when relating to the Redevelopment Agency of Fort Ord,
also refer to the governing board of the Fort Ord Reuse Authority.
(e) The board may create a project area to include all or a
portion or portions of the area of Ford Ord, except that the board
shall not create a project area which overlays any territory included
within a project area established by the redevelopment agency of a
city or the county.
(f) A city or county redevelopment agency may establish a project
area which includes any or all of the territory within the
jurisdiction of the city or county which is also within the territory
of Fort Ord, but only pursuant to the provisions of this section.
33492.71. (a) This section shall apply to each redevelopment
project area created pursuant to this article with a redevelopment
plan that contains the provisions required by Section 33670. All
amounts calculated pursuant to this section shall be calculated after
the amount required to be deposited in the Low and Moderate Income
Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.6, and
33492.76, and the amounts required to be paid by school and community
college districts pursuant to Section 33492.78 have been deducted
from the local tax increment funds received by the agency in the
applicable fiscal year.
(b) The payments made pursuant to this section shall be in
addition to any amounts the affected taxing entities receive pursuant
to subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to the authority or an affected
taxing entity by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445 and with the agreement of the
authority or the affected taxing entity, or pursuant to any other
provision of law other than this section for, or in connection with a
public facility owned or leased by the authority or that affected
taxing entity and with the agreement of the authority or that
affected taxing entity.
(c) Commencing in the first fiscal year in which a redevelopment
agency receives tax-increment revenue from a project area created
pursuant to this article, the agency shall pay the following amounts
to the following entities, and the agency shall not be obligated to
pay any additional sums to any taxing entities pursuant to Section
33607.5 and subdivision (b) of Section 33676:
(1) (A) Thirty-five percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to the authority to finance
in whole or in part, its responsibilities in providing for the reuse
of Fort Ord.
(B) Thirty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6 of, as modified by Section 33492.76, has been deducted
each fiscal year shall be paid to or retained by the redevelopment
agency of the city or county in which the project area is located, to
finance, in whole or in part, its responsibilities in providing for
the reuse of Fort Ord.
(C) Of the amount referenced in subparagraph (B), each city may
elect to receive from its agency, and the agency shall pay, an amount
not to exceed 25 percent of the tax-increment revenue generated from
a project area established pursuant to this article, to alleviate
the financial burden and detriment incurred as a result of the
adoption of the redevelopment plan in each year until the sixth
fiscal year after the year in which the agency is first allocated one
hundred thousand dollars ($100,000) or more in tax-increment
revenues.
(D) Upon dissolution of the authority, the amount allocated
pursuant to this section shall continue to be paid to the accounts of
the authority insofar as needed to pay principal and interest or
other amounts on debt that was incurred by the authority. Funds that
would be allocated pursuant to this section that exceed the amounts
necessary to pay debt service on authority debt shall be divided as
follows: 54 percent shall be allocated to the city or county
redevelopment agency that establishes the project area; 38 percent
shall be allocated to the county; and 8 percent shall be allocated to
other affected taxing entities.
(2) Twenty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted each
fiscal year shall be paid to the county to alleviate the financial
burden and detriment to the county incurred because of the
establishment of the project area.
(3) Not to exceed 5 percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to other affected taxing
entities as defined in Section 33492.27, but excluding the entities
specified in paragraphs (1) and (2), and excluding school and
community college districts, in order to alleviate the financial
burden and detriment incurred by those affected taxing entities
because of the establishment of the project area. If the total
payments made pursuant to this paragraph are less than 5 percent of
the tax increment revenue received by the agency pursuant to this
article, the remaining portion of the revenue available as a result
of this paragraph shall be allocated as follows: 37 percent to the
agency, 37 percent to the authority, and 26 percent to the county.
(d) Notwithstanding subdivision (c), through and including the
second fiscal year after the certification date established pursuant
to Section 33492.9, the amount of tax increment revenue the
redevelopment agencies of the Cities of Marina and Seaside or the
County of Monterey are required to pay to other entities as
prescribed in paragraph (1) shall be modified as follows:
(1) For each of those fiscal years, the board shall determine an
amount equal to 100 percent of the revenue payable to the city or
county establishing the project area from all ad valorem property
taxes, including allocations of property tax increment revenues
pursuant to subdivision (c), sales taxes, utility users taxes,
business license taxes, real property transfer taxes, franchise
taxes, transient occupancy taxes, and payments received as a result
of vehicle and trailer coach registration, and cigarette and gasoline
taxes except for payments received as a result of vehicle
registrations because of military personnel occupying Fort Ord,
attributable to the property, population, and economic activity that
is within the jurisdiction of each local entity that has established
a redevelopment project area pursuant to this subdivision and is also
within the area of Fort Ord.
(2) If the amount determined pursuant to paragraph (1) for a
fiscal year is less than four hundred thousand dollars ($400,000),
the redevelopment agency of the local entity that established the
project area shall retain tax-increment revenue received because of
the project area so that the sum of the retained tax-increment
revenue, exclusive of required deposits to the Low and Moderate
Income Housing Fund and the amount of revenue determined pursuant to
paragraph (1), equals four hundred thousand dollars ($400,000), but
in no event exceeding 100 percent of the tax-increment revenue
received for the project area for that fiscal year. Any tax-increment
revenue received by the redevelopment agency that established the
project area which exceeds the amount necessary to bring the total of
the amount calculated pursuant to paragraph (1), plus the tax
increment retained by the agency pursuant to this subdivision to four
hundred thousand dollars ($400,000) shall be distributed pursuant to
subdivision (c).
(e) The board may increase or decrease the qualified minimum level
of increment funding set in paragraph (2) of subdivision (d) above
four hundred thousand dollars ($400,000), if the board determines,
based on substantial evidence, that the costs of providing police and
fire protection services to the area of Fort Ord within the local
agency's redevelopment agency's project area exceed or are less than
this amount. In the event that any city which does not now have
jurisdiction over territory within the area of Fort Ord subsequently
annexes territory within the area of Fort Ord, the board may provide
for a qualified minimum level of increment funding at a level that it
determines, based on substantial evidence as to the cost of
providing police and fire protection services to the area of Fort Ord
within the local agency's redevelopment agency's project area is
appropriate for a period not to exceed three years, but is under no
obligation to do so.
(f) Because this article provides for an allocation of
tax-increment revenue arising from the redevelopment of the area of
Fort Ord among the affected taxing entities for the purpose of
alleviating any financial burden or detriment that is caused by the
redevelopment plan, the consultations with the affected taxing
entities shall not include the payment of supplemental moneys, but
may only include the discussion of possible modifications in the
redevelopment plan, including, but not limited to, the timing of
projects, selection of projects, scope of projects, and the type of
financing that is being considered for the projects.
(g) (1) All moneys received by the authority from a redevelopment
agency shall be deposited in a separate fund from all other moneys of
the authority.
(2) The authority shall annually report on the total amount of
moneys deposited into the fund during the year; the specific project
and programs which were financed with the moneys, including amounts
expended per project and program; and the beginning and ending
balance of the fund.
(3) The moneys in the fund shall be exclusively expended for the
purpose of financing the development and redevelopment of basewide
facilities as identified in the basewide public capital facilities
plan adopted pursuant to Section 67675 of the Government Code.
(4) The authority shall have an independent financial audit
annually prepared on the fund in accordance with generally accepted
auditing standards and rules of governing auditing reports
promulgated by the California Board of Accountancy.
(h) Notwithstanding any other provision of law, no tax increment
moneys, including moneys paid from a redevelopment agency to Fort Ord
Reuse Authority or any affected taxing entity, shall finance the
development or redevelopment of buildings owned or operated by the
California State University or the University of California.
33492.72. (a) Prior to incurring any loans, or other indebtedness,
except loans or advances from the local agency or the authority, the
agency which established the redevelopment project area, or the
board, may subordinate to the loans or other indebtedness the amounts
required to be paid to all other local agencies pursuant to this
section, provided that the agency or the board has approved these
subordinations pursuant to this subdivision.
(b) At the time the agency or the board requests any other entity
receiving tax-increment revenues pursuant to this section to
subordinate the amount to be paid to it, the agency or the board
seeking permission for subordination, shall provide the affected
taxing entity with substantial evidence that sufficient funds will be
available to pay both the debt service and the payments required by
this section, when due.
(c) Within 45 days after receipt of the agency's or the board's
request, the entities receiving tax-increment revenues pursuant to
this section shall approve or disapprove the request for
subordination. An entity other than the redevelopment agency or the
board may disapprove a request for subordination only if it finds,
based upon substantial evidence, that after the agency or the board
pays the debt payments, the agency will not have sufficient funds to
pay the amounts required to be paid to other entities pursuant to
this section. The agency or the board may also disapprove a request
for subordination if it finds that subordination would interfere with
its ability to issue debt as needed to carry out its
responsibilities. If an entity, the agency, or the board does not act
within 45 days after receipt of the agency's request, the request to
subordinate shall be deemed approved and shall be final and
conclusive.
33492.73. Any redevelopment or implementation plan prepared in
conjunction with establishment or operation of a project area, and
any subsequent amendment, update, or other modification of that plan
or those plans, shall take effect only upon certification by the
board of the consistency of that plan or those plans with the Fort
Ord Reuse Plan in the same manner as for the local agency's general
plan pursuant to Chapter 4 (commencing with Section 67675) of Title
7.85 of the Government Code.
33492.74. (a) For purposes of this article, a blighted area may be
a military base in which the combination of two or more of the
conditions set forth in subdivision (b) or (c) of this section are so
prevalent and so substantial that it causes a reduction of, or a
lack of, proper utilization of the area to an extent that constitutes
a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
(b) This subdivision, for purposes of this article, describes
physical conditions that cause blight.
(1) Buildings in which it is unsafe or unhealthy for persons to
live or work. These conditions can be caused by serious building code
violations, dilapidation and deterioration, defective design or
physical construction, faulty or inadequate infrastructure, or other
similar factors.
(2) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition can be
caused by a substandard design; buildings that are too large or too
small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition can also be caused by buildings that will
have to be demolished or buildings or areas that have a lack of
parking.
(3) Adjacent or nearby uses that are incompatible with each other
and that prevent the economic development of those parcels or other
portions of the project area.
(4) Buildings on land that, when subdivided or when infrastructure
is installed, will not comply with normal subdivision, zoning, or
planning regulations.
(c) This subdivision, for purposes of this article, describes
economic conditions that cause blight:
(1) Land that contains materials, including, but not necessarily
limited to, materials for airport runways that will have to be
removed to allow development.
(2) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards. Notwithstanding any other provision of
law, all redevelopment agencies with authority under this act are
specifically prohibited from accepting responsibility for, or using
agency authority on behalf of, hazardous waste sites that are the
responsibility of the federal government.
(d) For purposes of this article, a blighted area also may be one
that contains one or more of the conditions described in subdivision
(c) and is, in addition, characterized by the existence of inadequate
public improvements, public facilities, and utilities, where these
conditions are so prevalent and so substantial that it causes a
reduction of, or a lack of, proper utilization of the area to an
extent that it constitutes a serious physical and economic burden on
the community that cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action, or both,
without redevelopment.
33492.75. (a) For purposes of adoption of a project area, the
preliminary report prepared pursuant to Section 33344.5 is not
required to contain the material identified in paragraphs (2), (3),
and (4) of subdivision (c) of Section 33344.5.
(b) For purposes of adoption of a project area, the report
prepared pursuant to Section 33352 shall be modified to require that
the blight conditions specified in Section 33492.74 exist.
(c) A redevelopment plan adopted for a project area shall contain
the limitations set forth in Section 33492.13, and shall not be
subject to the limitations set forth in Section 33333.2.
(d) For purposes of redevelopment project areas within the area of
Fort Ord, calculation of the amount determined pursuant to
subdivision (a) of Section 33670 shall be based on the assessment
roll used in connection with property within the project area last
equalized prior to the date on which the board of the Fort Ord Reuse
Authority adopts a Fort Ord Reuse Plan pursuant to Section 67675 of
the Government Code, which shall be deemed to be a redevelopment plan
for the area of the base, or the effective date of the ordinance
approving a redevelopment plan for a specific project area within the
area of Fort Ord, whichever occurs first for any project area.
33492.76. (a) (1) Notwithstanding Section 33334.2 or any other
provision of law, a redevelopment agency established or governed
pursuant to this article may:
(A) Annually waive the requirement to allocate 20 percent of the
total annual tax increment revenue from any project area established
pursuant to this article to the Low- and Moderate-Income Housing Fund
for a period of up to five years after the date on which the county
auditor makes the certification pursuant to Section 33492.9.
(B) Annually waive the requirement to allocate half of the 20
percent of the total annual tax increment revenue to the Low- and
Moderate-Income Housing Fund for a period of five years after the
fifth year after the date on which the county auditor makes the
certification pursuant to Section 33492.9.
(2) The agency may not waive its allocation in any year unless it
first adopts a finding, based on substantial evidence, that the
vacancy rate for rental housing affordable to lower income households
is greater than 6 percent.
(b) Notwithstanding Section 33413, the redevelopment agency shall
not be required to replace removed or demolished military barracks,
which are located, as of January 1, 1995, within the boundaries of
Fort Ord.
33492.78. (a) Section 33607.5 shall not apply to an agency created
pursuant to this article. For purposes of Sections 42238, 84750, and
84751 of the Education Code, funds allocated pursuant to this section
shall be treated as if they were allocated pursuant to Section
33607.5.
(1) This section shall apply to each redevelopment project area
created pursuant to a redevelopment plan that contains the provisions
required by Section 33670 and is created pursuant to this article.
All the amounts calculated pursuant to this section shall be
calculated after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted from
the total amount of tax-increment funds received by the agency in the
applicable fiscal year.
(2) The payments made pursuant to this section shall be in
addition to any amounts the school district or districts and
community college district or districts receive pursuant to
subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to an affected school or community
college district by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445, 33445.5, or 33446, or any
provision of law other than this section for, or in connection with,
a public facility owned or leased by that affected school or
community college district.
(3) (A) Of the total amount paid each year pursuant to this
section to school districts, 43.9 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 56.1 percent shall not be
considered to be property taxes for the purposes of that section,
and shall be available to be used for educational facilities.
(B) Of the total amount paid each year pursuant to this section to
community college districts, 47.5 percent shall be considered to be
property taxes for the purposes of Section 84750 of the Education
Code, and 52.5 percent shall not be considered to be property taxes
for the purposes of that section, and shall be available to be used
for educational facilities.
(C) Of the total amount paid each year pursuant to this section to
county offices of education, 19 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 81 percent shall not be
considered to be property taxes for the purposes of that section, and
shall be available to be used for educational facilities.
(D) Of the total amount paid each year pursuant to this section to
special education, 19 percent shall be considered to be property
taxes for the purposes of paragraph (1) of subdivision (h) of Section
42238 of the Education Code, and 81 percent shall not be considered
to be property taxes for the purposes of that section, and shall be
available to be used for educational facilities.
(4) Local education agencies that use funds received pursuant to
this section for educational facilities shall spend these funds at
schools that are any one of the following:
(A) Within the project area.
(B) Attended by students from the project area.
(C) Attended by students generated by projects that are assisted
directly by the redevelopment agency.
(D) Determined by a local education agency to be of benefit to the
project area.
(b) Commencing with the first fiscal year in which the agency
receives tax increments, and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district an amount equal to the product of 25
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the tax increments received by the agency after the amount
required to be deposited in the Low and Moderate Income Housing Fund
has been deducted.
(c) Commencing with the 11th fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district, in addition to the amounts paid
pursuant to subdivision (b), an amount equal to the product of 21
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the first adjusted tax increments received by the agency
after the amount required to be deposited in the Low and Moderate
Income Housing Fund has been deducted. The first adjusted tax
increments received by the agency shall be calculated by applying the
tax rate against the amount of assessed value by which the current
year assessed value exceeds the first adjusted base year assessed
value. The first adjusted base year assessed value is the assessed
value of the project area in the 10th fiscal year in which the agency
receives tax increment.
(d) Commencing with the 31st fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
shall pay to the affected school and community college districts, in
addition to the amounts paid pursuant to subdivisions (b) and (c), an
amount equal to 14 percent times the percentage share of total
property taxes collected that are allocated to each affected school
or community college district, including any amount allocated to each
district pursuant to Sections 97.03 and 97.035 of the Revenue and
Taxation Code times the total of the second adjusted tax increments
received by the agency after the amount required to be deposited in
the Low and Moderate Income Housing Fund has been deducted. The
second adjusted tax increments received by the agency shall be
calculated by applying the tax rate against the amount of assessed
value by which the current year assessed value exceeds the second
adjusted base year assessed value. The second adjusted base year
assessed value is the assessed value of the project area in the 30th
fiscal year in which the agency receives tax increments.
(e) (1) The Legislature finds and declares both of the following:
(A) The payments made pursuant to this section are necessary in
order to alleviate the financial burden and detriment that affected
school and community college districts may incur as a result of the
adoption of a redevelopment plan, and payments made pursuant to this
section will benefit redevelopment project areas.
(B) The payments made pursuant to this section are the exclusive
payments that are required to be made by a redevelopment agency to
affected school and community college districts during the term of a
redevelopment plan.
(2) Notwithstanding any other provision of law, a redevelopment
agency shall not be required, either directly or indirectly, as a
measure to mitigate a significant environmental effect or as part of
any settlement agreement or judgment brought in any action to contest
the validity of a redevelopment plan pursuant to Section 33501, to
make any other payments to affected school or community college
districts, or to pay for public facilities that will be owned or
leased to an affected school or community college district.
(f) As used in this section, a "local education agency" includes a
school district, a community college district, or a county office of
education.
33492.70. (a) (1) This article shall govern the establishment and
operation of all redevelopment project areas created within the area
previously known as Fort Ord.
(2) It is the intent of the Legislature that the redevelopment of
the territory of Fort Ord be conducted jointly, in part by
redevelopment project areas established by cities and the county with
jurisdiction over parts of the territory of what was previously
known as Fort Ord, and in part by the Fort Ord Reuse Authority. It is
further the intent of the Legislature that this joint redevelopment
include the sharing of tax increment revenues pursuant to this
article. The joint division of tax increment will enable the local
redevelopment agencies to finance redevelopment activities which
primarily affect their own jurisdictions, and the authority will have
a revenue source to assist in financing redevelopment of facilities
of basewide significance.
(b) The board of the Fort Ord Reuse Authority, as established by
Title 7.85 (commencing with Section 67650) of the Government Code,
may, by ordinance, establish in the area of Fort Ord a public body,
corporate and politic, known as the Redevelopment Agency of Fort Ord.
This agency may transact business and exercise its powers as a
redevelopment agency upon the effective date of the establishing
ordinance. The provisions of the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24), as modified by
Chapter 4.5 (commencing with Section 33492) thereof, shall apply to
the Redevelopment Agency of Fort Ord, and this agency shall have all
powers of a redevelopment agency as provided in this part.
(c) In addition to the powers of an agency, the Redevelopment
Agency of Fort Ord shall also act as the legislative body and the
planning commission for all approvals and actions required and
authorized by this part for the adoption and implementation of a
redevelopment plan. However, subject to the consistency and appeal
provision of Title 7.85 (commencing with Section 67650) of the
Government Code and other applicable provisions of state law, all
planning, zoning, and permitting decisions with regard to the land
within the project area shall continue to be under the control and
jurisdiction of each of the respective local legislative bodies, as
applicable.
(d) For purposes of this article, "board" means the governing
board of the Fort Ord Reuse Authority, as defined in Title 7.85
(commencing with Section 67650) of the Government Code. "Legislative
body," as used elsewhere in this part, shall, for the purposes of
this article when relating to the Redevelopment Agency of Fort Ord,
also refer to the governing board of the Fort Ord Reuse Authority.
(e) The board may create a project area to include all or a
portion or portions of the area of Ford Ord, except that the board
shall not create a project area which overlays any territory included
within a project area established by the redevelopment agency of a
city or the county.
(f) A city or county redevelopment agency may establish a project
area which includes any or all of the territory within the
jurisdiction of the city or county which is also within the territory
of Fort Ord, but only pursuant to the provisions of this section.
33492.71. (a) This section shall apply to each redevelopment
project area created pursuant to this article with a redevelopment
plan that contains the provisions required by Section 33670. All
amounts calculated pursuant to this section shall be calculated after
the amount required to be deposited in the Low and Moderate Income
Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.6, and
33492.76, and the amounts required to be paid by school and community
college districts pursuant to Section 33492.78 have been deducted
from the local tax increment funds received by the agency in the
applicable fiscal year.
(b) The payments made pursuant to this section shall be in
addition to any amounts the affected taxing entities receive pursuant
to subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to the authority or an affected
taxing entity by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445 and with the agreement of the
authority or the affected taxing entity, or pursuant to any other
provision of law other than this section for, or in connection with a
public facility owned or leased by the authority or that affected
taxing entity and with the agreement of the authority or that
affected taxing entity.
(c) Commencing in the first fiscal year in which a redevelopment
agency receives tax-increment revenue from a project area created
pursuant to this article, the agency shall pay the following amounts
to the following entities, and the agency shall not be obligated to
pay any additional sums to any taxing entities pursuant to Section
33607.5 and subdivision (b) of Section 33676:
(1) (A) Thirty-five percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to the authority to finance
in whole or in part, its responsibilities in providing for the reuse
of Fort Ord.
(B) Thirty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6 of, as modified by Section 33492.76, has been deducted
each fiscal year shall be paid to or retained by the redevelopment
agency of the city or county in which the project area is located, to
finance, in whole or in part, its responsibilities in providing for
the reuse of Fort Ord.
(C) Of the amount referenced in subparagraph (B), each city may
elect to receive from its agency, and the agency shall pay, an amount
not to exceed 25 percent of the tax-increment revenue generated from
a project area established pursuant to this article, to alleviate
the financial burden and detriment incurred as a result of the
adoption of the redevelopment plan in each year until the sixth
fiscal year after the year in which the agency is first allocated one
hundred thousand dollars ($100,000) or more in tax-increment
revenues.
(D) Upon dissolution of the authority, the amount allocated
pursuant to this section shall continue to be paid to the accounts of
the authority insofar as needed to pay principal and interest or
other amounts on debt that was incurred by the authority. Funds that
would be allocated pursuant to this section that exceed the amounts
necessary to pay debt service on authority debt shall be divided as
follows: 54 percent shall be allocated to the city or county
redevelopment agency that establishes the project area; 38 percent
shall be allocated to the county; and 8 percent shall be allocated to
other affected taxing entities.
(2) Twenty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted each
fiscal year shall be paid to the county to alleviate the financial
burden and detriment to the county incurred because of the
establishment of the project area.
(3) Not to exceed 5 percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to other affected taxing
entities as defined in Section 33492.27, but excluding the entities
specified in paragraphs (1) and (2), and excluding school and
community college districts, in order to alleviate the financial
burden and detriment incurred by those affected taxing entities
because of the establishment of the project area. If the total
payments made pursuant to this paragraph are less than 5 percent of
the tax increment revenue received by the agency pursuant to this
article, the remaining portion of the revenue available as a result
of this paragraph shall be allocated as follows: 37 percent to the
agency, 37 percent to the authority, and 26 percent to the county.
(d) Notwithstanding subdivision (c), through and including the
second fiscal year after the certification date established pursuant
to Section 33492.9, the amount of tax increment revenue the
redevelopment agencies of the Cities of Marina and Seaside or the
County of Monterey are required to pay to other entities as
prescribed in paragraph (1) shall be modified as follows:
(1) For each of those fiscal years, the board shall determine an
amount equal to 100 percent of the revenue payable to the city or
county establishing the project area from all ad valorem property
taxes, including allocations of property tax increment revenues
pursuant to subdivision (c), sales taxes, utility users taxes,
business license taxes, real property transfer taxes, franchise
taxes, transient occupancy taxes, and payments received as a result
of vehicle and trailer coach registration, and cigarette and gasoline
taxes except for payments received as a result of vehicle
registrations because of military personnel occupying Fort Ord,
attributable to the property, population, and economic activity that
is within the jurisdiction of each local entity that has established
a redevelopment project area pursuant to this subdivision and is also
within the area of Fort Ord.
(2) If the amount determined pursuant to paragraph (1) for a
fiscal year is less than four hundred thousand dollars ($400,000),
the redevelopment agency of the local entity that established the
project area shall retain tax-increment revenue received because of
the project area so that the sum of the retained tax-increment
revenue, exclusive of required deposits to the Low and Moderate
Income Housing Fund and the amount of revenue determined pursuant to
paragraph (1), equals four hundred thousand dollars ($400,000), but
in no event exceeding 100 percent of the tax-increment revenue
received for the project area for that fiscal year. Any tax-increment
revenue received by the redevelopment agency that established the
project area which exceeds the amount necessary to bring the total of
the amount calculated pursuant to paragraph (1), plus the tax
increment retained by the agency pursuant to this subdivision to four
hundred thousand dollars ($400,000) shall be distributed pursuant to
subdivision (c).
(e) The board may increase or decrease the qualified minimum level
of increment funding set in paragraph (2) of subdivision (d) above
four hundred thousand dollars ($400,000), if the board determines,
based on substantial evidence, that the costs of providing police and
fire protection services to the area of Fort Ord within the local
agency's redevelopment agency's project area exceed or are less than
this amount. In the event that any city which does not now have
jurisdiction over territory within the area of Fort Ord subsequently
annexes territory within the area of Fort Ord, the board may provide
for a qualified minimum level of increment funding at a level that it
determines, based on substantial evidence as to the cost of
providing police and fire protection services to the area of Fort Ord
within the local agency's redevelopment agency's project area is
appropriate for a period not to exceed three years, but is under no
obligation to do so.
(f) Because this article provides for an allocation of
tax-increment revenue arising from the redevelopment of the area of
Fort Ord among the affected taxing entities for the purpose of
alleviating any financial burden or detriment that is caused by the
redevelopment plan, the consultations with the affected taxing
entities shall not include the payment of supplemental moneys, but
may only include the discussion of possible modifications in the
redevelopment plan, including, but not limited to, the timing of
projects, selection of projects, scope of projects, and the type of
financing that is being considered for the projects.
(g) (1) All moneys received by the authority from a redevelopment
agency shall be deposited in a separate fund from all other moneys of
the authority.
(2) The authority shall annually report on the total amount of
moneys deposited into the fund during the year; the specific project
and programs which were financed with the moneys, including amounts
expended per project and program; and the beginning and ending
balance of the fund.
(3) The moneys in the fund shall be exclusively expended for the
purpose of financing the development and redevelopment of basewide
facilities as identified in the basewide public capital facilities
plan adopted pursuant to Section 67675 of the Government Code.
(4) The authority shall have an independent financial audit
annually prepared on the fund in accordance with generally accepted
auditing standards and rules of governing auditing reports
promulgated by the California Board of Accountancy.
(h) Notwithstanding any other provision of law, no tax increment
moneys, including moneys paid from a redevelopment agency to Fort Ord
Reuse Authority or any affected taxing entity, shall finance the
development or redevelopment of buildings owned or operated by the
California State University or the University of California.
33492.72. (a) Prior to incurring any loans, or other indebtedness,
except loans or advances from the local agency or the authority, the
agency which established the redevelopment project area, or the
board, may subordinate to the loans or other indebtedness the amounts
required to be paid to all other local agencies pursuant to this
section, provided that the agency or the board has approved these
subordinations pursuant to this subdivision.
(b) At the time the agency or the board requests any other entity
receiving tax-increment revenues pursuant to this section to
subordinate the amount to be paid to it, the agency or the board
seeking permission for subordination, shall provide the affected
taxing entity with substantial evidence that sufficient funds will be
available to pay both the debt service and the payments required by
this section, when due.
(c) Within 45 days after receipt of the agency's or the board's
request, the entities receiving tax-increment revenues pursuant to
this section shall approve or disapprove the request for
subordination. An entity other than the redevelopment agency or the
board may disapprove a request for subordination only if it finds,
based upon substantial evidence, that after the agency or the board
pays the debt payments, the agency will not have sufficient funds to
pay the amounts required to be paid to other entities pursuant to
this section. The agency or the board may also disapprove a request
for subordination if it finds that subordination would interfere with
its ability to issue debt as needed to carry out its
responsibilities. If an entity, the agency, or the board does not act
within 45 days after receipt of the agency's request, the request to
subordinate shall be deemed approved and shall be final and
conclusive.
33492.73. Any redevelopment or implementation plan prepared in
conjunction with establishment or operation of a project area, and
any subsequent amendment, update, or other modification of that plan
or those plans, shall take effect only upon certification by the
board of the consistency of that plan or those plans with the Fort
Ord Reuse Plan in the same manner as for the local agency's general
plan pursuant to Chapter 4 (commencing with Section 67675) of Title
7.85 of the Government Code.
33492.74. (a) For purposes of this article, a blighted area may be
a military base in which the combination of two or more of the
conditions set forth in subdivision (b) or (c) of this section are so
prevalent and so substantial that it causes a reduction of, or a
lack of, proper utilization of the area to an extent that constitutes
a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
(b) This subdivision, for purposes of this article, describes
physical conditions that cause blight.
(1) Buildings in which it is unsafe or unhealthy for persons to
live or work. These conditions can be caused by serious building code
violations, dilapidation and deterioration, defective design or
physical construction, faulty or inadequate infrastructure, or other
similar factors.
(2) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition can be
caused by a substandard design; buildings that are too large or too
small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition can also be caused by buildings that will
have to be demolished or buildings or areas that have a lack of
parking.
(3) Adjacent or nearby uses that are incompatible with each other
and that prevent the economic development of those parcels or other
portions of the project area.
(4) Buildings on land that, when subdivided or when infrastructure
is installed, will not comply with normal subdivision, zoning, or
planning regulations.
(c) This subdivision, for purposes of this article, describes
economic conditions that cause blight:
(1) Land that contains materials, including, but not necessarily
limited to, materials for airport runways that will have to be
removed to allow development.
(2) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards. Notwithstanding any other provision of
law, all redevelopment agencies with authority under this act are
specifically prohibited from accepting responsibility for, or using
agency authority on behalf of, hazardous waste sites that are the
responsibility of the federal government.
(d) For purposes of this article, a blighted area also may be one
that contains one or more of the conditions described in subdivision
(c) and is, in addition, characterized by the existence of inadequate
public improvements, public facilities, and utilities, where these
conditions are so prevalent and so substantial that it causes a
reduction of, or a lack of, proper utilization of the area to an
extent that it constitutes a serious physical and economic burden on
the community that cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action, or both,
without redevelopment.
33492.75. (a) For purposes of adoption of a project area, the
preliminary report prepared pursuant to Section 33344.5 is not
required to contain the material identified in paragraphs (2), (3),
and (4) of subdivision (c) of Section 33344.5.
(b) For purposes of adoption of a project area, the report
prepared pursuant to Section 33352 shall be modified to require that
the blight conditions specified in Section 33492.74 exist.
(c) A redevelopment plan adopted for a project area shall contain
the limitations set forth in Section 33492.13, and shall not be
subject to the limitations set forth in Section 33333.2.
(d) For purposes of redevelopment project areas within the area of
Fort Ord, calculation of the amount determined pursuant to
subdivision (a) of Section 33670 shall be based on the assessment
roll used in connection with property within the project area last
equalized prior to the date on which the board of the Fort Ord Reuse
Authority adopts a Fort Ord Reuse Plan pursuant to Section 67675 of
the Government Code, which shall be deemed to be a redevelopment plan
for the area of the base, or the effective date of the ordinance
approving a redevelopment plan for a specific project area within the
area of Fort Ord, whichever occurs first for any project area.
33492.76. (a) (1) Notwithstanding Section 33334.2 or any other
provision of law, a redevelopment agency established or governed
pursuant to this article may:
(A) Annually waive the requirement to allocate 20 percent of the
total annual tax increment revenue from any project area established
pursuant to this article to the Low- and Moderate-Income Housing Fund
for a period of up to five years after the date on which the county
auditor makes the certification pursuant to Section 33492.9.
(B) Annually waive the requirement to allocate half of the 20
percent of the total annual tax increment revenue to the Low- and
Moderate-Income Housing Fund for a period of five years after the
fifth year after the date on which the county auditor makes the
certification pursuant to Section 33492.9.
(2) The agency may not waive its allocation in any year unless it
first adopts a finding, based on substantial evidence, that the
vacancy rate for rental housing affordable to lower income households
is greater than 6 percent.
(b) Notwithstanding Section 33413, the redevelopment agency shall
not be required to replace removed or demolished military barracks,
which are located, as of January 1, 1995, within the boundaries of
Fort Ord.
33492.78. (a) Section 33607.5 shall not apply to an agency created
pursuant to this article. For purposes of Sections 42238, 84750, and
84751 of the Education Code, funds allocated pursuant to this section
shall be treated as if they were allocated pursuant to Section
33607.5.
(1) This section shall apply to each redevelopment project area
created pursuant to a redevelopment plan that contains the provisions
required by Section 33670 and is created pursuant to this article.
All the amounts calculated pursuant to this section shall be
calculated after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted from
the total amount of tax-increment funds received by the agency in the
applicable fiscal year.
(2) The payments made pursuant to this section shall be in
addition to any amounts the school district or districts and
community college district or districts receive pursuant to
subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to an affected school or community
college district by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445, 33445.5, or 33446, or any
provision of law other than this section for, or in connection with,
a public facility owned or leased by that affected school or
community college district.
(3) (A) Of the total amount paid each year pursuant to this
section to school districts, 43.9 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 56.1 percent shall not be
considered to be property taxes for the purposes of that section,
and shall be available to be used for educational facilities.
(B) Of the total amount paid each year pursuant to this section to
community college districts, 47.5 percent shall be considered to be
property taxes for the purposes of Section 84750 of the Education
Code, and 52.5 percent shall not be considered to be property taxes
for the purposes of that section, and shall be available to be used
for educational facilities.
(C) Of the total amount paid each year pursuant to this section to
county offices of education, 19 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 81 percent shall not be
considered to be property taxes for the purposes of that section, and
shall be available to be used for educational facilities.
(D) Of the total amount paid each year pursuant to this section to
special education, 19 percent shall be considered to be property
taxes for the purposes of paragraph (1) of subdivision (h) of Section
42238 of the Education Code, and 81 percent shall not be considered
to be property taxes for the purposes of that section, and shall be
available to be used for educational facilities.
(4) Local education agencies that use funds received pursuant to
this section for educational facilities shall spend these funds at
schools that are any one of the following:
(A) Within the project area.
(B) Attended by students from the project area.
(C) Attended by students generated by projects that are assisted
directly by the redevelopment agency.
(D) Determined by a local education agency to be of benefit to the
project area.
(b) Commencing with the first fiscal year in which the agency
receives tax increments, and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district an amount equal to the product of 25
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the tax increments received by the agency after the amount
required to be deposited in the Low and Moderate Income Housing Fund
has been deducted.
(c) Commencing with the 11th fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district, in addition to the amounts paid
pursuant to subdivision (b), an amount equal to the product of 21
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the first adjusted tax increments received by the agency
after the amount required to be deposited in the Low and Moderate
Income Housing Fund has been deducted. The first adjusted tax
increments received by the agency shall be calculated by applying the
tax rate against the amount of assessed value by which the current
year assessed value exceeds the first adjusted base year assessed
value. The first adjusted base year assessed value is the assessed
value of the project area in the 10th fiscal year in which the agency
receives tax increment.
(d) Commencing with the 31st fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
shall pay to the affected school and community college districts, in
addition to the amounts paid pursuant to subdivisions (b) and (c), an
amount equal to 14 percent times the percentage share of total
property taxes collected that are allocated to each affected school
or community college district, including any amount allocated to each
district pursuant to Sections 97.03 and 97.035 of the Revenue and
Taxation Code times the total of the second adjusted tax increments
received by the agency after the amount required to be deposited in
the Low and Moderate Income Housing Fund has been deducted. The
second adjusted tax increments received by the agency shall be
calculated by applying the tax rate against the amount of assessed
value by which the current year assessed value exceeds the second
adjusted base year assessed value. The second adjusted base year
assessed value is the assessed value of the project area in the 30th
fiscal year in which the agency receives tax increments.
(e) (1) The Legislature finds and declares both of the following:
(A) The payments made pursuant to this section are necessary in
order to alleviate the financial burden and detriment that affected
school and community college districts may incur as a result of the
adoption of a redevelopment plan, and payments made pursuant to this
section will benefit redevelopment project areas.
(B) The payments made pursuant to this section are the exclusive
payments that are required to be made by a redevelopment agency to
affected school and community college districts during the term of a
redevelopment plan.
(2) Notwithstanding any other provision of law, a redevelopment
agency shall not be required, either directly or indirectly, as a
measure to mitigate a significant environmental effect or as part of
any settlement agreement or judgment brought in any action to contest
the validity of a redevelopment plan pursuant to Section 33501, to
make any other payments to affected school or community college
districts, or to pay for public facilities that will be owned or
leased to an affected school or community college district.
(f) As used in this section, a "local education agency" includes a
school district, a community college district, or a county office of
education.
33492.70. (a) (1) This article shall govern the establishment and
operation of all redevelopment project areas created within the area
previously known as Fort Ord.
(2) It is the intent of the Legislature that the redevelopment of
the territory of Fort Ord be conducted jointly, in part by
redevelopment project areas established by cities and the county with
jurisdiction over parts of the territory of what was previously
known as Fort Ord, and in part by the Fort Ord Reuse Authority. It is
further the intent of the Legislature that this joint redevelopment
include the sharing of tax increment revenues pursuant to this
article. The joint division of tax increment will enable the local
redevelopment agencies to finance redevelopment activities which
primarily affect their own jurisdictions, and the authority will have
a revenue source to assist in financing redevelopment of facilities
of basewide significance.
(b) The board of the Fort Ord Reuse Authority, as established by
Title 7.85 (commencing with Section 67650) of the Government Code,
may, by ordinance, establish in the area of Fort Ord a public body,
corporate and politic, known as the Redevelopment Agency of Fort Ord.
This agency may transact business and exercise its powers as a
redevelopment agency upon the effective date of the establishing
ordinance. The provisions of the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24), as modified by
Chapter 4.5 (commencing with Section 33492) thereof, shall apply to
the Redevelopment Agency of Fort Ord, and this agency shall have all
powers of a redevelopment agency as provided in this part.
(c) In addition to the powers of an agency, the Redevelopment
Agency of Fort Ord shall also act as the legislative body and the
planning commission for all approvals and actions required and
authorized by this part for the adoption and implementation of a
redevelopment plan. However, subject to the consistency and appeal
provision of Title 7.85 (commencing with Section 67650) of the
Government Code and other applicable provisions of state law, all
planning, zoning, and permitting decisions with regard to the land
within the project area shall continue to be under the control and
jurisdiction of each of the respective local legislative bodies, as
applicable.
(d) For purposes of this article, "board" means the governing
board of the Fort Ord Reuse Authority, as defined in Title 7.85
(commencing with Section 67650) of the Government Code. "Legislative
body," as used elsewhere in this part, shall, for the purposes of
this article when relating to the Redevelopment Agency of Fort Ord,
also refer to the governing board of the Fort Ord Reuse Authority.
(e) The board may create a project area to include all or a
portion or portions of the area of Ford Ord, except that the board
shall not create a project area which overlays any territory included
within a project area established by the redevelopment agency of a
city or the county.
(f) A city or county redevelopment agency may establish a project
area which includes any or all of the territory within the
jurisdiction of the city or county which is also within the territory
of Fort Ord, but only pursuant to the provisions of this section.
33492.71. (a) This section shall apply to each redevelopment
project area created pursuant to this article with a redevelopment
plan that contains the provisions required by Section 33670. All
amounts calculated pursuant to this section shall be calculated after
the amount required to be deposited in the Low and Moderate Income
Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.6, and
33492.76, and the amounts required to be paid by school and community
college districts pursuant to Section 33492.78 have been deducted
from the local tax increment funds received by the agency in the
applicable fiscal year.
(b) The payments made pursuant to this section shall be in
addition to any amounts the affected taxing entities receive pursuant
to subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to the authority or an affected
taxing entity by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445 and with the agreement of the
authority or the affected taxing entity, or pursuant to any other
provision of law other than this section for, or in connection with a
public facility owned or leased by the authority or that affected
taxing entity and with the agreement of the authority or that
affected taxing entity.
(c) Commencing in the first fiscal year in which a redevelopment
agency receives tax-increment revenue from a project area created
pursuant to this article, the agency shall pay the following amounts
to the following entities, and the agency shall not be obligated to
pay any additional sums to any taxing entities pursuant to Section
33607.5 and subdivision (b) of Section 33676:
(1) (A) Thirty-five percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to the authority to finance
in whole or in part, its responsibilities in providing for the reuse
of Fort Ord.
(B) Thirty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6 of, as modified by Section 33492.76, has been deducted
each fiscal year shall be paid to or retained by the redevelopment
agency of the city or county in which the project area is located, to
finance, in whole or in part, its responsibilities in providing for
the reuse of Fort Ord.
(C) Of the amount referenced in subparagraph (B), each city may
elect to receive from its agency, and the agency shall pay, an amount
not to exceed 25 percent of the tax-increment revenue generated from
a project area established pursuant to this article, to alleviate
the financial burden and detriment incurred as a result of the
adoption of the redevelopment plan in each year until the sixth
fiscal year after the year in which the agency is first allocated one
hundred thousand dollars ($100,000) or more in tax-increment
revenues.
(D) Upon dissolution of the authority, the amount allocated
pursuant to this section shall continue to be paid to the accounts of
the authority insofar as needed to pay principal and interest or
other amounts on debt that was incurred by the authority. Funds that
would be allocated pursuant to this section that exceed the amounts
necessary to pay debt service on authority debt shall be divided as
follows: 54 percent shall be allocated to the city or county
redevelopment agency that establishes the project area; 38 percent
shall be allocated to the county; and 8 percent shall be allocated to
other affected taxing entities.
(2) Twenty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted each
fiscal year shall be paid to the county to alleviate the financial
burden and detriment to the county incurred because of the
establishment of the project area.
(3) Not to exceed 5 percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to other affected taxing
entities as defined in Section 33492.27, but excluding the entities
specified in paragraphs (1) and (2), and excluding school and
community college districts, in order to alleviate the financial
burden and detriment incurred by those affected taxing entities
because of the establishment of the project area. If the total
payments made pursuant to this paragraph are less than 5 percent of
the tax increment revenue received by the agency pursuant to this
article, the remaining portion of the revenue available as a result
of this paragraph shall be allocated as follows: 37 percent to the
agency, 37 percent to the authority, and 26 percent to the county.
(d) Notwithstanding subdivision (c), through and including the
second fiscal year after the certification date established pursuant
to Section 33492.9, the amount of tax increment revenue the
redevelopment agencies of the Cities of Marina and Seaside or the
County of Monterey are required to pay to other entities as
prescribed in paragraph (1) shall be modified as follows:
(1) For each of those fiscal years, the board shall determine an
amount equal to 100 percent of the revenue payable to the city or
county establishing the project area from all ad valorem property
taxes, including allocations of property tax increment revenues
pursuant to subdivision (c), sales taxes, utility users taxes,
business license taxes, real property transfer taxes, franchise
taxes, transient occupancy taxes, and payments received as a result
of vehicle and trailer coach registration, and cigarette and gasoline
taxes except for payments received as a result of vehicle
registrations because of military personnel occupying Fort Ord,
attributable to the property, population, and economic activity that
is within the jurisdiction of each local entity that has established
a redevelopment project area pursuant to this subdivision and is also
within the area of Fort Ord.
(2) If the amount determined pursuant to paragraph (1) for a
fiscal year is less than four hundred thousand dollars ($400,000),
the redevelopment agency of the local entity that established the
project area shall retain tax-increment revenue received because of
the project area so that the sum of the retained tax-increment
revenue, exclusive of required deposits to the Low and Moderate
Income Housing Fund and the amount of revenue determined pursuant to
paragraph (1), equals four hundred thousand dollars ($400,000), but
in no event exceeding 100 percent of the tax-increment revenue
received for the project area for that fiscal year. Any tax-increment
revenue received by the redevelopment agency that established the
project area which exceeds the amount necessary to bring the total of
the amount calculated pursuant to paragraph (1), plus the tax
increment retained by the agency pursuant to this subdivision to four
hundred thousand dollars ($400,000) shall be distributed pursuant to
subdivision (c).
(e) The board may increase or decrease the qualified minimum level
of increment funding set in paragraph (2) of subdivision (d) above
four hundred thousand dollars ($400,000), if the board determines,
based on substantial evidence, that the costs of providing police and
fire protection services to the area of Fort Ord within the local
agency's redevelopment agency's project area exceed or are less than
this amount. In the event that any city which does not now have
jurisdiction over territory within the area of Fort Ord subsequently
annexes territory within the area of Fort Ord, the board may provide
for a qualified minimum level of increment funding at a level that it
determines, based on substantial evidence as to the cost of
providing police and fire protection services to the area of Fort Ord
within the local agency's redevelopment agency's project area is
appropriate for a period not to exceed three years, but is under no
obligation to do so.
(f) Because this article provides for an allocation of
tax-increment revenue arising from the redevelopment of the area of
Fort Ord among the affected taxing entities for the purpose of
alleviating any financial burden or detriment that is caused by the
redevelopment plan, the consultations with the affected taxing
entities shall not include the payment of supplemental moneys, but
may only include the discussion of possible modifications in the
redevelopment plan, including, but not limited to, the timing of
projects, selection of projects, scope of projects, and the type of
financing that is being considered for the projects.
(g) (1) All moneys received by the authority from a redevelopment
agency shall be deposited in a separate fund from all other moneys of
the authority.
(2) The authority shall annually report on the total amount of
moneys deposited into the fund during the year; the specific project
and programs which were financed with the moneys, including amounts
expended per project and program; and the beginning and ending
balance of the fund.
(3) The moneys in the fund shall be exclusively expended for the
purpose of financing the development and redevelopment of basewide
facilities as identified in the basewide public capital facilities
plan adopted pursuant to Section 67675 of the Government Code.
(4) The authority shall have an independent financial audit
annually prepared on the fund in accordance with generally accepted
auditing standards and rules of governing auditing reports
promulgated by the California Board of Accountancy.
(h) Notwithstanding any other provision of law, no tax increment
moneys, including moneys paid from a redevelopment agency to Fort Ord
Reuse Authority or any affected taxing entity, shall finance the
development or redevelopment of buildings owned or operated by the
California State University or the University of California.
33492.72. (a) Prior to incurring any loans, or other indebtedness,
except loans or advances from the local agency or the authority, the
agency which established the redevelopment project area, or the
board, may subordinate to the loans or other indebtedness the amounts
required to be paid to all other local agencies pursuant to this
section, provided that the agency or the board has approved these
subordinations pursuant to this subdivision.
(b) At the time the agency or the board requests any other entity
receiving tax-increment revenues pursuant to this section to
subordinate the amount to be paid to it, the agency or the board
seeking permission for subordination, shall provide the affected
taxing entity with substantial evidence that sufficient funds will be
available to pay both the debt service and the payments required by
this section, when due.
(c) Within 45 days after receipt of the agency's or the board's
request, the entities receiving tax-increment revenues pursuant to
this section shall approve or disapprove the request for
subordination. An entity other than the redevelopment agency or the
board may disapprove a request for subordination only if it finds,
based upon substantial evidence, that after the agency or the board
pays the debt payments, the agency will not have sufficient funds to
pay the amounts required to be paid to other entities pursuant to
this section. The agency or the board may also disapprove a request
for subordination if it finds that subordination would interfere with
its ability to issue debt as needed to carry out its
responsibilities. If an entity, the agency, or the board does not act
within 45 days after receipt of the agency's request, the request to
subordinate shall be deemed approved and shall be final and
conclusive.
33492.73. Any redevelopment or implementation plan prepared in
conjunction with establishment or operation of a project area, and
any subsequent amendment, update, or other modification of that plan
or those plans, shall take effect only upon certification by the
board of the consistency of that plan or those plans with the Fort
Ord Reuse Plan in the same manner as for the local agency's general
plan pursuant to Chapter 4 (commencing with Section 67675) of Title
7.85 of the Government Code.
33492.74. (a) For purposes of this article, a blighted area may be
a military base in which the combination of two or more of the
conditions set forth in subdivision (b) or (c) of this section are so
prevalent and so substantial that it causes a reduction of, or a
lack of, proper utilization of the area to an extent that constitutes
a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
(b) This subdivision, for purposes of this article, describes
physical conditions that cause blight.
(1) Buildings in which it is unsafe or unhealthy for persons to
live or work. These conditions can be caused by serious building code
violations, dilapidation and deterioration, defective design or
physical construction, faulty or inadequate infrastructure, or other
similar factors.
(2) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition can be
caused by a substandard design; buildings that are too large or too
small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition can also be caused by buildings that will
have to be demolished or buildings or areas that have a lack of
parking.
(3) Adjacent or nearby uses that are incompatible with each other
and that prevent the economic development of those parcels or other
portions of the project area.
(4) Buildings on land that, when subdivided or when infrastructure
is installed, will not comply with normal subdivision, zoning, or
planning regulations.
(c) This subdivision, for purposes of this article, describes
economic conditions that cause blight:
(1) Land that contains materials, including, but not necessarily
limited to, materials for airport runways that will have to be
removed to allow development.
(2) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards. Notwithstanding any other provision of
law, all redevelopment agencies with authority under this act are
specifically prohibited from accepting responsibility for, or using
agency authority on behalf of, hazardous waste sites that are the
responsibility of the federal government.
(d) For purposes of this article, a blighted area also may be one
that contains one or more of the conditions described in subdivision
(c) and is, in addition, characterized by the existence of inadequate
public improvements, public facilities, and utilities, where these
conditions are so prevalent and so substantial that it causes a
reduction of, or a lack of, proper utilization of the area to an
extent that it constitutes a serious physical and economic burden on
the community that cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action, or both,
without redevelopment.
33492.75. (a) For purposes of adoption of a project area, the
preliminary report prepared pursuant to Section 33344.5 is not
required to contain the material identified in paragraphs (2), (3),
and (4) of subdivision (c) of Section 33344.5.
(b) For purposes of adoption of a project area, the report
prepared pursuant to Section 33352 shall be modified to require that
the blight conditions specified in Section 33492.74 exist.
(c) A redevelopment plan adopted for a project area shall contain
the limitations set forth in Section 33492.13, and shall not be
subject to the limitations set forth in Section 33333.2.
(d) For purposes of redevelopment project areas within the area of
Fort Ord, calculation of the amount determined pursuant to
subdivision (a) of Section 33670 shall be based on the assessment
roll used in connection with property within the project area last
equalized prior to the date on which the board of the Fort Ord Reuse
Authority adopts a Fort Ord Reuse Plan pursuant to Section 67675 of
the Government Code, which shall be deemed to be a redevelopment plan
for the area of the base, or the effective date of the ordinance
approving a redevelopment plan for a specific project area within the
area of Fort Ord, whichever occurs first for any project area.
33492.76. (a) (1) Notwithstanding Section 33334.2 or any other
provision of law, a redevelopment agency established or governed
pursuant to this article may:
(A) Annually waive the requirement to allocate 20 percent of the
total annual tax increment revenue from any project area established
pursuant to this article to the Low- and Moderate-Income Housing Fund
for a period of up to five years after the date on which the county
auditor makes the certification pursuant to Section 33492.9.
(B) Annually waive the requirement to allocate half of the 20
percent of the total annual tax increment revenue to the Low- and
Moderate-Income Housing Fund for a period of five years after the
fifth year after the date on which the county auditor makes the
certification pursuant to Section 33492.9.
(2) The agency may not waive its allocation in any year unless it
first adopts a finding, based on substantial evidence, that the
vacancy rate for rental housing affordable to lower income households
is greater than 6 percent.
(b) Notwithstanding Section 33413, the redevelopment agency shall
not be required to replace removed or demolished military barracks,
which are located, as of January 1, 1995, within the boundaries of
Fort Ord.
33492.78. (a) Section 33607.5 shall not apply to an agency created
pursuant to this article. For purposes of Sections 42238, 84750, and
84751 of the Education Code, funds allocated pursuant to this section
shall be treated as if they were allocated pursuant to Section
33607.5.
(1) This section shall apply to each redevelopment project area
created pursuant to a redevelopment plan that contains the provisions
required by Section 33670 and is created pursuant to this article.
All the amounts calculated pursuant to this section shall be
calculated after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted from
the total amount of tax-increment funds received by the agency in the
applicable fiscal year.
(2) The payments made pursuant to this section shall be in
addition to any amounts the school district or districts and
community college district or districts receive pursuant to
subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to an affected school or community
college district by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445, 33445.5, or 33446, or any
provision of law other than this section for, or in connection with,
a public facility owned or leased by that affected school or
community college district.
(3) (A) Of the total amount paid each year pursuant to this
section to school districts, 43.9 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 56.1 percent shall not be
considered to be property taxes for the purposes of that section,
and shall be available to be used for educational facilities.
(B) Of the total amount paid each year pursuant to this section to
community college districts, 47.5 percent shall be considered to be
property taxes for the purposes of Section 84750 of the Education
Code, and 52.5 percent shall not be considered to be property taxes
for the purposes of that section, and shall be available to be used
for educational facilities.
(C) Of the total amount paid each year pursuant to this section to
county offices of education, 19 percent shall be considered to be
property taxes for the purposes of paragraph (1) of subdivision (h)
of Section 42238 of the Education Code, and 81 percent shall not be
considered to be property taxes for the purposes of that section, and
shall be available to be used for educational facilities.
(D) Of the total amount paid each year pursuant to this section to
special education, 19 percent shall be considered to be property
taxes for the purposes of paragraph (1) of subdivision (h) of Section
42238 of the Education Code, and 81 percent shall not be considered
to be property taxes for the purposes of that section, and shall be
available to be used for educational facilities.
(4) Local education agencies that use funds received pursuant to
this section for educational facilities shall spend these funds at
schools that are any one of the following:
(A) Within the project area.
(B) Attended by students from the project area.
(C) Attended by students generated by projects that are assisted
directly by the redevelopment agency.
(D) Determined by a local education agency to be of benefit to the
project area.
(b) Commencing with the first fiscal year in which the agency
receives tax increments, and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district an amount equal to the product of 25
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the tax increments received by the agency after the amount
required to be deposited in the Low and Moderate Income Housing Fund
has been deducted.
(c) Commencing with the 11th fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
created pursuant to this article shall pay to each affected school
and community college district, in addition to the amounts paid
pursuant to subdivision (b), an amount equal to the product of 21
percent times the percentage share of total property taxes collected
that are allocated to each affected school or community college
district, including any amount allocated to each district pursuant to
Sections 97.03 and 97.035 of the Revenue and Taxation Code times the
total of the first adjusted tax increments received by the agency
after the amount required to be deposited in the Low and Moderate
Income Housing Fund has been deducted. The first adjusted tax
increments received by the agency shall be calculated by applying the
tax rate against the amount of assessed value by which the current
year assessed value exceeds the first adjusted base year assessed
value. The first adjusted base year assessed value is the assessed
value of the project area in the 10th fiscal year in which the agency
receives tax increment.
(d) Commencing with the 31st fiscal year in which the agency
receives tax increments and continuing through the last fiscal year
in which the agency receives tax increments, a redevelopment agency
shall pay to the affected school and community college districts, in
addition to the amounts paid pursuant to subdivisions (b) and (c), an
amount equal to 14 percent times the percentage share of total
property taxes collected that are allocated to each affected school
or community college district, including any amount allocated to each
district pursuant to Sections 97.03 and 97.035 of the Revenue and
Taxation Code times the total of the second adjusted tax increments
received by the agency after the amount required to be deposited in
the Low and Moderate Income Housing Fund has been deducted. The
second adjusted tax increments received by the agency shall be
calculated by applying the tax rate against the amount of assessed
value by which the current year assessed value exceeds the second
adjusted base year assessed value. The second adjusted base year
assessed value is the assessed value of the project area in the 30th
fiscal year in which the agency receives tax increments.
(e) (1) The Legislature finds and declares both of the following:
(A) The payments made pursuant to this section are necessary in
order to alleviate the financial burden and detriment that affected
school and community college districts may incur as a result of the
adoption of a redevelopment plan, and payments made pursuant to this
section will benefit redevelopment project areas.
(B) The payments made pursuant to this section are the exclusive
payments that are required to be made by a redevelopment agency to
affected school and community college districts during the term of a
redevelopment plan.
(2) Notwithstanding any other provision of law, a redevelopment
agency shall not be required, either directly or indirectly, as a
measure to mitigate a significant environmental effect or as part of
any settlement agreement or judgment brought in any action to contest
the validity of a redevelopment plan pursuant to Section 33501, to
make any other payments to affected school or community college
districts, or to pay for public facilities that will be owned or
leased to an affected school or community college district.
(f) As used in this section, a "local education agency" includes a
school district, a community college district, or a county office of
education.
