Bill Text: CA SB189 | 2019-2020 | Regular Session | Amended
Bill Title: Fort Ord Reuse Authority: member agencies: land use and zoning: dissolution.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing: Held in committee and under submission. [SB189 Detail]
Download: California-2019-SB189-Amended.html
|
Amended
IN
Assembly
June 17, 2019 |
|
Amended
IN
Senate
May 17, 2019 |
|
Amended
IN
Senate
April 11, 2019 |
|
Amended
IN
Senate
April 01, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 189 |
| Introduced by Senator Monning (Coauthors: Assembly Members Robert Rivas and Mark Stone) |
January 30, 2019 |
An act to amend Section 67675 of, to amend and repeal Sections 67661, 67662, 67673, 67675.2, 67675.3, 67675.4, 67675.5, 67675.6, 67675.7, 67675.8, 67675.9, and 67690 of, to amend, repeal, and add Sections 67652, 67655, 67660, 67661, 67679, and 67700 of, and to add Section 67701 to, the Government Code, and to add Section 33492.79 to the Health
and Safety Code, relating to military base reuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 189, as amended, Monning.
Fort Ord Reuse Authority: member agencies: land use and zoning: dissolution.
(1) Existing law, the Fort Ord Reuse Authority Act, establishes the Fort Ord Reuse Authority (the authority) to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in the County of Monterey. The act provides that the authority is governed by a board comprised of 13 members representing the County of Monterey and specified cities within the county, which the act designates as “member agencies.” The act provides that any local agency that does not adopt a resolution favoring establishment of the authority is not required to appoint a voting member to the board.
This bill would reduce the size of the board from 13 members to 5 members and eliminate representation for certain cities. The bill would delete the provision regarding a local
agency not being required to appoint a voting member to the board. The bill would require the vote of a majority of the total membership of the board to pass or act upon any matter properly before the board. The bill would make these provisions operative on July 1, 2020.
(2) Existing law requires the board to prepare, adopt, review, revise, and maintain a plan for the future use and development of the territory occupied by Fort Ord. Existing law requires the plan to include certain elements, including, among others, a 5-year capital improvement program, as provided.
This bill, on and after July 1, 2020, would prohibit any additions to the plan, including the capital improvement program.
(3) Existing law authorizes representatives of certain entities to serve as ex officio, nonvoting members of the board and
board.
This bill, on July 1, 2020, would reduce the number of representatives authorized to serve as ex officio, nonvoting members, as provided, and would additionally authorize a representative designated by the Marina Coast Water District to serve as an ex officio, nonvoting member.
(4) Existing law authorizes the board to appoint or remove additional ex officio members at its pleasure. Existing law authorizes the board to appoint advisory committees to provide it with options, critique, analysis, and other information as it finds useful.
After adoption of a reuse plan by the board, existing law requires each county or city with territory occupied by Fort Ord to submit its general plan or amended general plan that meets certain requirements, or subsequent amendments to a certified plan, to the board and requires the board, after a noticed public hearing, to certify or refuse to certify the portion of the general plan that applies the territory of Fort Ord, as provided. Existing law similarly provides for the submission and review by the board of the county’s or city’s zoning ordinances, zoning district maps, and, where necessary, other implementing actions applicable to the territory of Fort Ord. Existing law provides that development review authority, with certain exceptions, is exercised by the applicable county or city, but prohibits a local agency from permitting, approving, or otherwise allowing a development or other change of use within the area of Fort Ord that is not consistent with the reuse
plan adopted by the board. Existing law authorizes the board to review actions of each member agency regarding planning, zoning, and the issuance or denial of building permits within the area of Fort Ord, subject to specified limitations.
Existing law provides specific procedures regarding the preparation of an environmental impact report on the Fort Ord Reuse Plan that apply in the event that an environmental impact statement on the closure and reuse of Fort Ord has been filed pursuant to the federal National Environmental Policy Act of 1969.
Existing law authorizes the board to receive contributions from member agencies represented on the board. Existing law requires each member agency and each public agency represented by an ex officio member to contribute specified amounts to the authority.
This bill would repeal all of these provisions on July 1, 2020.
(4)
(5) Existing law authorizes the board to identify basewide public capital facilities described in the Fort Ord Reuse Plan, as provided, and requires the board to plan for and arrange for the provision of those facilities. Existing law requires the board to also identify significant local public capital facilities, but requires these facilities to be the responsibility of the city or county or redevelopment agency, as provided.
Existing law prohibits the board from constructing or otherwise acting to improve a local public capital facility without the consent of the city or county with land use authority over the area where the facility is or will be located. Existing law also prohibits, if all or any portion of the Fritzsche Army Air Field is transferred to the City of Marina, or if all or any
portion of the 2 Army golf courses within the territory of Seaside are transferred to the City of Seaside, the board from considering those portions of the air field that continue to be used as an airport or those portions of the golf courses that continue in use as a golf course, from being basewide capital facilities. Existing law authorizes the board, among other things, to issue bonds to finance basewide public facilities.
This bill, on July 1, 2020, would delete the prohibitions described above, and would eliminate the board’s authority to issue bonds to finance basewide public facilities.
(5)
(6) Under existing law, the Fort
Ord Reuse Authority Act becomes inoperative when the board makes a specified determination regarding the development or reuse of the territory of Fort Ord or on June 30, 2020, whichever occurs first. Existing law repeals the act on January 1, 2021. Existing law requires the Monterey County Local Agency Formation Commission to provide for the orderly dissolution of the authority, as provided.
This bill would, instead, make the Fort Ord Reuse Authority Act inoperative on June 30, 2022, and repeal the act on January 1, 2023. The bill would require the authority to negotiate and secure successor agencies for all obligations under the transition plan no later than June 30, 2022. The bill would require the Monterey County Local Agency Formation Commission to provide for the orderly dissolution of the authority once an agreement with a successor agency has been finalized. The bill would require the transfer of specified revenues of the authority to the County of Monterey
for disbursement to each underlying land use jurisdiction on a pro rata basis. The bill would specify that any financial obligation of the authority to which the County of Monterey succeeds as a result of the disbursement of remaining revenues or the retirement of debt does not constitute a debt or liability of the county, or any other member agency. The bill would make these provisions operative on July 1, 2020.
This bill would authorize the authority to take specified actions regarding its dissolution, including implementing the transition plan and collecting and disbursing specified revenues. The bill would authorize an underlying land use jurisdiction to adopt a substitute funding mechanism in lieu of the community facilities district established for the Fort Ord area if the jurisdiction commits to continue funding specified regional needs. The bill would also deem the transition plan to be within the scope of a specified categorical exemption from the
California Environmental Quality Act. The bill would make these provisions operative on July 1, 2020.
(6)
(7) Existing law establishes procedures for the establishment and operation of all redevelopment project areas created within the area previously known as Fort Ord. Existing law, upon dissolution of the authority, requires that amounts allocated under a redevelopment plan that contains a provision for the division of taxes, if any levied upon taxable property within a redevelopment project, continue to be paid to the accounts of the authority insofar as needed to pay principal and interest or other amounts of debt incurred by the authority.
This bill would make these provisions governing the establishment and operation of redevelopment project areas created within Fort Ord inoperative as of the date of the dissolution of the Fort Ord Reuse Authority or the retirement of the authority’s debt, whichever occurs later. The
bill, upon dissolution of the authority or retirement of its debt, whichever occurs later, would require that any remaining property tax revenues allocated to the authority be transferred to the auditor-controller of the County of Monterey for appropriate distribution.
(7)
(8) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Monterey.
(8)
(9) By adding to the duties of various local agencies with respect to the dissolution of the Fort Ord Reuse Authority, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 67652 of the Government Code is amended to read:67652.
The Legislature finds and declares as follows:(a) The policy set forth in Section 67651 is most likely to be achieved if an effective governmental structure exists to plan for, finance, and carry out the transfer and reuse of the base in a cooperative, coordinated, balanced, and decisive manner.
(b) The County of Monterey and the Cities of Monterey, Salinas, Carmel, and Pacific Grove have requested the Legislature to establish a governmental structure for Fort Ord.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 2.
Section 67652 is added to the Government Code, to read:67652.
(a) The Legislature finds and declares as follows:(1) The policy set forth in Section 67651 is most likely to be achieved if an effective governmental structure exists to plan for, finance, and carry out the transfer and reuse of the base in a cooperative, coordinated, balanced, and decisive manner.
(2) The transition plan, adopted by the Ford Ord Reuse Authority, will assure ensure that ongoing, mandated requirements continue to be
funded and addressed within the region covered by the authority, which will collect and distribute revenue for the limited environmental and infrastructure mission.
(b) This section shall become operative on July 1, 2020.
SEC. 3.
Section 67655 of the Government Code is amended to read:67655.
Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this title.(a) “Authority” means the Fort Ord Reuse Authority.
(b) “Base-wide facility” means a public capital facility which, in the judgment of the board, is important to the overall reuse of Fort Ord, and has significance beyond any single city or the unincorporated area of the county.
(c) “Board” means the governing board of the authority, as specified in Section 67660.
(d) “Fort Ord Reuse Plan” means the plan for the future use of Fort Ord adopted pursuant to Section 67675.
(e) “Legislative body” means the city council of a city or the board of supervisors of a county, or the legislative body or governing board of any other public agency.
(f) “Local facility” means a public capital facility which, in the judgment of the board, is important primarily within a single city or the unincorporated area of the county.
(g) “Member agency” means the County of Monterey and the City of Carmel, the City of Del Rey Oaks, the City of Marina, the City of Sand City, the City of Monterey, the City of Pacific Grove, the City of Salinas, or the City of Seaside.
(h) “Fort Ord,” including references to the territory or area of Fort Ord, means the geographical area described in the document entitled “Description of the Fort Ord Military Reservation Including Portion of the Monterey City Lands Tract No. 1, the Saucito, Laguna Seca, El Chamisal, El Toro and Noche Buena Ranchos, the James Bardin Partition of 1880 and Townships 14 South, Ranges 1 and 2 East and Townships 15 South, Ranges 2 and 3 East, M.D.B. and M. Monterey County, California,” prepared by Bestor Engineers, Inc., and delivered to the Sacramento District Corps of Engineers on April 11, 1994.
(i) “Public capital facilities” means all public capital facilities described in the Fort Ord Reuse Plan, including, but not limited to, roads, freeways, ramps, air transportation
facilities and freight hauling and handling facilities, sewage and water conveyance and treatment facilities, school, library, and other educational facilities, and recreational facilities, that could most efficiently and conveniently be planned, negotiated, financed, or constructed by the authority to further the integrated future use of Fort Ord.
(j) “Redevelopment authority,” for purposes of the transfer of property at military bases pursuant to Title XXIX of the National Defense Authorization Act for the 1994 fiscal year, means the Fort Ord Reuse Authority, except that, with respect to property within the territory of Fort Ord that is transferred or to be transferred to the California State University or to the University of California, “redevelopment authority” solely for purposes of the transfer of property at military bases pursuant to Title
XXIX of the National Defense Authorization Act for the 1994 fiscal year means the California State University or the University of California, and does not mean the Fort Ord Reuse Authority.
(k) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 4.
Section 67655 is added to the Government Code, to read:67655.
Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this title.(a) “Authority” means the Fort Ord Reuse Authority.
(b) “Base-wide facility” means a public capital facility which, in the judgment of the board, is important to the overall reuse of Fort Ord, and has significance beyond any single city or the unincorporated area of the county.
(c) “Board” means the governing board of the authority, as specified in Section 67660.
(d) “Community facilities
district revenues” means the revenues collected by the authority pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(e) “Fort Ord Reuse Plan” means the plan for the future use of Fort Ord adopted pursuant to Section 67675.
(f) “Legislative body” means the city council of a city or the board of supervisors of a county, or the legislative body or governing board of any other public agency.
(g) “Local facility” means a public capital facility which, in the judgment of the board, is important primarily within a single city or the unincorporated area of the county.
(h) “Member agency” means the County of Monterey, the City of Del Rey Oaks, the City of Marina, the City of Monterey, or the City of Seaside.
(i) “Fort Ord,” including references to the territory or area of Fort Ord, means the geographical area described in the document entitled “Description of the Fort Ord Military Reservation Including Portion of the Monterey City Lands Tract No. 1, the Saucito, Laguna Seca, El Chamisal, El Toro and Noche Buena Ranchos, the James Bardin Partition of 1880 and Townships 14 South, Ranges 1 and 2 East and Townships 15 South, Ranges 2 and 3 East, M.D.B. and M. Monterey County, California,” prepared by Bestor Engineers, Inc., and delivered to the Sacramento District Corps of Engineers on April 11, 1994.
(j) “Property tax revenues” means
the amount of property tax revenues allocated to the authority pursuant to Section 33492.71 of the Health and Safety Code.
(k) “Public capital facilities” means all public capital facilities
described in the Fort Ord Reuse Plan, including, but not limited to, roads, freeways, ramps, air transportation facilities and freight hauling and handling facilities, sewage and water conveyance and treatment facilities, school, library, and other educational facilities, and recreational facilities, that could most efficiently and conveniently be planned, negotiated, financed, or constructed by the authority to further the integrated future use of Fort Ord.
(l) “Redevelopment authority,” for purposes of the transfer of property at military bases pursuant to Title XXIX of the National Defense Authorization Act for the 1994 fiscal year, means the Fort Ord Reuse Authority, except that, with respect to property within the territory of Fort Ord that is transferred or to be transferred to the California State University or to the
University of California, “redevelopment authority” solely for purposes of the transfer of property at military bases pursuant to Title XXIX of the National Defense Authorization Act for the 1994 fiscal year means the California State University or the University of California, and does not mean the Fort Ord Reuse Authority.
(m) “Transition plan” means the plan for the dissolution of the authority adopted by the board, as required by subdivision (c) of Section 67700.
(n) “Underlying land use jurisdiction” means, singularly or in the plural, the City of Monterey, the City of Del Rey Oaks, the City of Seaside, the City of Marina, or the County of Monterey.
(o) This section shall become operative on July 1,
2020.
SEC. 5.
Section 67660 of the Government Code is amended to read:67660.
(a) The authority shall be governed by a board of 13 members composed of the following:(1) One member appointed by the City of Carmel.
(2) One member appointed by the City of Del Rey Oaks.
(3) Two members appointed by the City of Marina.
(4) One member appointed by Sand City.
(5) One member appointed by the City of Monterey.
(6) One member appointed by
the City of Pacific Grove.
(7) One member appointed by the City of Salinas.
(8) Two members appointed by the City of Seaside.
(9) Three members appointed by Monterey County.
(b) Notwithstanding subdivision (a), any local agency that does not adopt a resolution favoring establishment of the Fort Ord Reuse Authority pursuant to Section 67656 shall not be required to appoint a voting member to the board. The failure of a local agency to appoint a voting member to the board pursuant to this subdivision shall not alter or reduce the powers and duties of the authority or the board in any manner.
(c) Each
member agency may appoint one alternate for each of its positions on the board, and each alternate shall have all the
rights and authority of a board member when serving in that board member’s place.
(d) Each board member and each alternate shall be a member of the legislative body making the appointment, except that alternates appointed by the Monterey County Board of Supervisors shall be members of the board of supervisors or county staff. Board members and alternates shall serve at the pleasure of the member agency making the appointment.
(e) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 6.
Section 67660 is added to the Government Code, to read:67660.
(a) The authority shall be governed by a board of five members composed of the following:(1) One member appointed by the City of Del Rey Oaks.
(2) One member appointed by the City of Marina.
(3) One member appointed by the City of Monterey.
(4) One member appointed by the City of Seaside.
(5) One member appointed by Monterey County.
(b) Each member agency may appoint one
alternate for each of its positions on the board, and each alternate shall have all the rights and authority of a board member when serving in that board member’s place.
(c) Each board member and each alternate shall be a member of the legislative body making the appointment, except that the alternate appointed by the Monterey County Board of Supervisors shall be a member of the board of supervisors or county staff. Board members and alternates shall serve at the pleasure of the member agency making the appointment.
(d) The vote of a majority of the total membership of the board shall be required to pass or act upon any matter properly before the board, and each member of the board shall have one vote.
(e) This
section shall become operative on July 1, 2020.
SEC. 7.
Section 67661 of the Government Code is amended to read:67661.
(a) The following may serve as ex officio nonvoting members of the board:(1) A representative appointed by the Monterey Peninsula Community College District.
(2) A representative appointed by the Monterey Peninsula Unified School District.
(3) A representative designated by the Member of Congress that has the majority portion of Ford Ord in their Congressional District.
(4) A representative designated by the Senator that has the majority portion of Ford Ord in their Senate District.
(5) A representative designated by the Assembly Member that has the majority portion of Ford Ord in their Assembly District.
(6) A representative designated by the United States Army.
(7) A representative designated by the Chancellor of the California State University.
(8) A representative designated by the President of the University of California.
(9) A representative designated by the Monterey County Water Resources Agency.
(10) A representative designated by the Transportation Agency of Monterey County.
(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 8.
Section 67661 is added to the Government Code, to read:67661.
(a) The following may serve as ex officio nonvoting members of the board:(1) A representative designated by the United States Army.
(2) A representative designated by the Chancellor of the California State University.
(3) A representative designated by the Marina Coast Water District.
(b) This section shall become operative on July 1, 2020.
SEC. 8.SEC. 9.
Section 67662 of the Government Code is amended to read:67662.
(a) The board may appoint or remove additional ex officio nonvoting members at its pleasure.(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 9.SEC. 10.
Section 67673 of the Government Code is amended to read:67673.
(a) The board may, at its pleasure, appoint an additional advisory committee or committees to provide the board with options, critique, analysis, and other information as it finds useful, and may provide mechanisms through which a committee may report to the board.(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 10.SEC. 11.
Section 67675 of the Government Code is amended to read:67675.
(a) The board shall prepare, adopt, review, revise from time to time, and maintain a plan for the future use and development of the territory occupied by Fort Ord as of January 1, 1993. The adopted plan shall be the official local plan for the reuse of the base for all public purposes, including all discussions with the Army and other federal agencies, and for purposes of planning, design, and funding by all state agencies.(b) Notwithstanding any other provision of this section, the board may adopt the “Final Base Reuse Plan” prepared by the Fort Ord Reuse Group as the Fort Ord Reuse Plan for purposes of this title. The plan adopted pursuant to this
subdivision may serve as the Fort Ord Reuse Plan until July 1, 1996. The board may prepare elements described in subdivision (c) that are generally consistent with the adopted plan. After July 1, 1996, only a plan containing the required elements and fully satisfying the requirements of this title shall serve as the Fort Ord Reuse Plan.
(c) The Fort Ord Reuse Plan shall include all of the following elements:
(1) A land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space, and other natural resources within the area of the base. The land use plan shall designate areas of the base for residential, commercial, industrial, and other uses, and may specify maximum development intensities and
other standards and criteria. The land use plan shall provide for public safety.
(2) A transportation plan for the integrated development of a system of roadways, transit facilities, air transportation facilities, and appurtenant terminals and other facilities for the movement of people and goods to, from, and within the area of the base.
(3) A conservation plan for the preservation, development, use, and management of natural resources within the area of the base, including, but not limited to, soils, shoreline, scenic corridors along transportation routes, open spaces, wetlands, recreational facilities, historical facilities, and habitat of, or for, exceptional flora and fauna.
(4) A recreation plan for the development,
use, and management of the recreational resources within the area of the base.
(5) A five-year capital improvement program that complies with the requirements of Section 65403. The program shall include an
allocation of the available water supply, sewage treatment capacity, solid waste disposal capability, and other limited public service capabilities among the potential developments within the area of the base. The program shall also identify both of the following:
(A) Base-wide facilities identified pursuant to Section 67679.
(B) Local facilities that are in the county or a city with territory occupied by Fort Ord and that primarily serve residents of the county or that city.
(d) In addition to the plan elements required pursuant to subdivision (c), the plan may also include any element or subject specified in Section 65302.
(e) The Fort Ord Reuse Plan may provide for development to occur in phases, with criteria concerning public facility development and other factors that must be satisfied within each time phase.
(f) In preparing, adopting, reviewing, and revising the reuse plan, the board shall be consistent with approved coastal plans, air quality plans, water quality plans, spheres of influence, and other county-wide or regional plans required by federal or state law, other than local general plans, including any amendments subsequent to the enactment of this title, and shall consider all of the following:
(1) Monterey Bay regional plans.
(2) County and city plans and proposed projects covering the territory occupied
by Fort Ord or otherwise likely to be affected by the future uses of the base.
(3) Other public and nongovernmental entity plans and proposed projects affecting the planning and development of the territory occupied by Fort Ord.
(g) On and after July 1, 2020, there shall be no additions to the plan required pursuant to this section, including the capital improvement program required pursuant to paragraph (5) of subdivision (c).
SEC. 11.SEC. 12.
Section 67675.2 of the Government Code is amended to read:67675.2.
(a) After the board has adopted a reuse plan, each county or city with territory occupied by Fort Ord shall submit its general plan or amended general plan to the board, which satisfies both of the following:(1) The plan is submitted pursuant to a resolution adopted by the county or city, after a noticed public hearing, that certified that
the portion of the general plan or amended general plan applicable to the territory of Fort Ord is intended to be carried out in a manner fully in conformity with this title.
(2) It contains, in accordance with guidelines established by the board, materials sufficient for a thorough and complete review.
(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.SEC. 13.
Section 67675.3 of the Government Code is amended to read:67675.3.
(a) The board shall, within 90 days after the submittal, after a noticed public hearing, either certify or refuse to certify, in whole or in part, the portion of the general plan or amended general plan applicable to the territory of Fort Ord.(b) Where a general plan or amended general plan is refused certification, in whole or in part, the board shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the board by the county or a city, will allow the amended general plan to be deemed certified upon confirmation of the executive officer of the board. The county or a city may elect to meet the board’s
refusal of certification in a manner other than as suggested by the board and may then resubmit its revised general plan to the board. If the county or a city requests that the board not recommend or suggest modifications which if made will result in certification, the board shall refuse certification with the required findings.
(c) The board shall approve and certify the portions of a general plan or amended general plan applicable to the territory of Fort Ord, or any amendments thereto, if the board finds that the portions of the general plan or amended general plan applicable to the territory of Fort Ord meets the requirements of this title, and is consistent with the Fort Ord Reuse Plan.
(d) This section shall remain in effect only until July 1, 2020, and as
of that date is repealed.
SEC. 13.SEC. 14.
Section 67675.4 of the Government Code is amended to read:67675.4.
(a) Within 30 days after the certification of a general plan or amended general plan, or any portion thereof, the board shall, after consultation with the county or a city, establish a date for that county or city to submit the zoning ordinances, zoning district maps, and, where necessary, other implementing actions applicable to the territory of Fort Ord.(b) If the county or a city fails to meet the schedule established pursuant to subdivision (a), the board may waive the deadlines for board action on submitted zoning ordinances, zoning district maps, and, where necessary, other implementing actions, as set forth in Section 67675.5.
(c) This section shall remain in effect only until July ,1 July 1, 2020, and as of that date is repealed.
SEC. 14.SEC. 15.
Section 67675.5 of the Government Code is amended to read:67675.5.
(a) The county and cities shall submit to the board the zoning ordinances, zoning district maps, and, where necessary, other implementing actions applicable to the territory of Fort Ord that are required pursuant to this title.(b) The board may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified general plan applicable to the territory of Fort Ord. If the board rejects the zoning ordinances, zoning district maps, or other implementing actions applicable to the territory of Fort Ord, it shall give written
notice of the rejection specifying the provisions of the general plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out, together with its reasons for the action taken.
(c) The board may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the county or cities and transmitted to the board, shall be deemed approved upon confirmation by the executive officer of the board.
(d) The county or cities may elect to meet the board’s rejection in a manner other than as suggested by the board and may then resubmit its revised zoning ordinances, zoning district maps, and other implementing actions to the board.
(e) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 15.SEC. 16.
Section 67675.6 of the Government Code is amended to read:67675.6.
(a) Except for appeals to the board, as provided in Section 67675.8, after the portion of a general plan applicable to Fort Ord has been certified and all implementing actions within the area affected have become effective, the development review authority shall be exercised by the respective county or city over any development proposed within the area to which the general plan applies.(b) Subdivision (a) shall not apply to any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the coastal zone.
(c) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 16.SEC. 17.
Section 67675.7 of the Government Code is amended to read:67675.7.
(a) After the board has certified a general plan or an amended general plan, any amendments to that certified plan that are applicable to the territory of Fort Ord shall take effect only upon certification in the same manner as for the initially certified plan, as provided in this title.(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 17.SEC. 18.
Section 67675.8 of the Government Code is amended to read:67675.8.
(a) After the board has adopted a reuse plan pursuant to this title, any revision or other change to that plan which only affects territory lying within the jurisdiction of one member agency may only be adopted by the board if one of the following conditions is satisfied:(1) The revision or other change was initiated by resolution adopted by the legislative body of the affected member agency and approved by at least a majority affirmative vote of the board.
(2) The revision or other change was initiated by the board or any entity other than the affected member agency and approved by
at least a two-thirds affirmative vote of the board.
(b) (1) Notwithstanding any provision of law allowing any city or county to approve development projects, no local agency shall permit, approve, or otherwise allow any development or other change of use within the area of the base that is not consistent with the plan as adopted or revised pursuant to this title. Except as required by state or federal law, other than state law authorizing cities and counties to approve development projects, the board shall be the final judge of this consistency with the requirements of this title. The board may adopt regulations to ensure compliance with the provisions of this title. No local agency shall permit, approve, or otherwise allow any development or other change of use within the area of the base that is outside the jurisdiction of that
local agency.
(2) Subject to the consistency determinations required pursuant to this title, each member agency with jurisdiction lying within the area of Fort Ord may plan for, zone, and issue or deny building permits and other development approvals within that area. Actions of the member agency pursuant to this paragraph may be reviewed by the board on its own initiative, or may be appealed to the board. Under no circumstances shall development approvals of the following categories be held to be inconsistent with the Fort Ord Reuse Plan:
(i) The construction of one single family house or one multiple family house not exceeding four units on a vacant lot within an area appropriately designated in the plan.
(ii) Improvements to existing single family residences or to existing multiple family residences not exceeding four units, including remodels or room additions.
(iii) Remodels of the interior of any existing building or structure.
(iv) Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of, any building or structure.
(v) Installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and development approved pursuant to this chapter.
(vi) Replacement of any building or structure destroyed by a natural disaster.
(c) The board may require any public or private entity seeking to initiate a revision or other change to a plan adopted pursuant to this section to pay a charge or charges sufficient to cover the reasonable costs of reviewing, evaluating, preparing, adopting, and publishing the proposed revision or change.
(d) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 18.SEC. 19.
Section 67675.9 of the Government Code is amended to read:67675.9.
(a) If an environmental impact statement on the closure and reuse of Fort Ord has been prepared and filed pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), the board may proceed in the following manner:(1) A notice of the preparation of an environmental impact report on the Fort Ord Reuse Plan shall be prepared pursuant to either Section 21080.4 or Section 21080.6 of the Public Resources Code, and shall include a description of the reuse plan and a copy of the environmental impact statement. The notice shall indicate that the board intends to utilize the environmental impact statement as a draft environmental
impact report and requests comments on whether, and to what extent, the environmental impact statement provides adequate information to serve as a draft environmental impact report, and what specific additional information, if any, is necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). The notice shall also indicate the address to which written comments may be sent and the deadline for submitting comments.
(2) Upon the close of the comment period on the notice of preparation, the board may proceed with preparation of the environmental impact report on the reuse plan. The board shall, to the greatest extent feasible, avoid duplication and utilize information in the environmental impact statement consistent with this division. The draft
environmental impact report shall consist of all or part of the environmental impact statement and any additional information that is necessary to prepare a draft environmental impact report in compliance with the California Environmental Quality Act.
(3) In all other respects, the environmental impact report for the reuse plan shall be completed in compliance with the California Environmental Quality Act.
(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 19.SEC. 20.
Section 67679 of the Government Code is amended to read:67679.
(a) (1) The board shall identify those basewide public capital facilities described in the Fort Ord Reuse Plan, including, but not limited to, roads, freeway ramps, air transportation facilities, and freight hauling and handling facilities; sewage and water conveyance and treatment facilities; school, library, and other educational facilities; and recreational facilities, that serve residents or will serve future residents of the base territory and could most efficiently or conveniently be planned, negotiated, financed, constructed, or repaired, remodeled, or replaced by the board to further the integrated future use of the base. The board shall undertake to plan for and arrange the provision of those facilities, including arranging for their financing and construction or repair, remodeling, or replacement. The board may plan, design, construct, repair, remodel, or replace and finance these public capital facilities, or delegate any of those powers to one or more member agencies. Notwithstanding any other provision of law, no permit or permission of any kind from any city or county shall be required for any project undertaken by the board pursuant to this section.(2) The board shall identify significant local public capital facilities, as distinguished from the basewide public capital facilities identified in the paragraph (1) which are described in the Fort Ord Reuse Plan. Local public capital facilities shall be the responsibility of the city or county with land use jurisdiction or the redevelopment agency if the
facilities are located within an established project area and the board of the redevelopment agency determines that it will assume responsibility.
(3) The board may construct or otherwise act to improve a local public capital facility only with the consent of the city or county with land use authority over the area where the facility is or will be located. A city or county or a local redevelopment agency may construct or otherwise act to improve a basewide public capital facility only with the consent of the board.
(b) If all or any portion of the Fritzsche Army Air Field is transferred to the City of Marina, the board shall not consider those portions of the air field that continue to be used as an airport to be basewide capital facilities, except with the consent of the legislative body
of the city. If all or any portion of the two Army golf courses within the territory of Seaside are transferred to the City of Seaside, the board shall not consider those portions of the golf courses that continue in use as golf courses to be basewide capital facilities, except with the consent of the legislative body of the city.
(c) The board may seek state and federal grants and loans or other assistance to help fund public facilities.
(d) The board may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance these basewide public facilities in accordance with, and pursuant to, any of the following:
(1) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and
Highways Code).
(2) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(3) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(4) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)).
(5) The Landscape and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(6) The Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5).
(7) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(8) The Infrastructure Financing District Act (Chapter 2.8 (commencing with Section 53395) of Division 2 of Title 5).
(9) The Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1).
(10) The Revenue Bond Act of 1941 (Chapter 6 (commencing with Section 54300) of Division 2 of Title 5).
(11) Fire suppression assessments levied pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part
1 of Division 1 of Title 5.
(12) The Habitat Maintenance Funding Act (Chapter 11 (commencing with Section 2900) of Division 3 of the Fish and Game Code).
Notwithstanding any other provision of law, the board may create any of these financing districts within the area of Fort Ord to finance basewide public facilities without the consent of any city or county. In addition, until January 1, 2000, the board may, but is not obligated to create, within the area of Fort Ord, any of these financing districts which authorize financing for public services and may levy authorized assessments or special taxes in order to pass through funding for these services to the local agencies. Notwithstanding any other provision of law, no city or county with jurisdiction over any area of the base, whether now or in
the future, shall create any land-based financing district or levy any assessment or tax secured by a lien on real property within the area of the base without the consent of the board, except that the city or county may create these financing districts for the purposes and subject to any financing limitations that may be specified in the capital improvement program prepared pursuant to Section 67675.
(e) The board may levy development fees on development projects within the area of the base. Any development fees shall comply with the requirements of Chapter 5 (commencing with Section 66000) of Division 1 of Title 5. No local agency shall issue any building permit for any development within the area of Fort Ord until the board has certified that all development fees that it has levied with respect to the development project have been paid or
otherwise satisfied.
(f) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 20.SEC. 21.
Section 67679 is added to the Government Code, to read:67679.
(a) (1) The board shall identify those basewide public capital facilities described in the Fort Ord Reuse Plan, including, but not limited to, roads, freeway ramps, air transportation facilities, and freight hauling and handling facilities; sewage and water conveyance and treatment facilities; school, library, and other educational facilities; and recreational facilities, that serve residents or will serve future residents of the base territory and could most efficiently or conveniently be planned, negotiated, financed, constructed, or repaired, remodeled, or replaced by the board to further the integrated future use of the base. The board shall undertake to plan for and arrange the provision of those facilities, including arranging for their financing and construction or repair, remodeling, or replacement. The board may plan, design, construct, repair, remodel, or replace and finance these public capital facilities, or delegate any of those powers to one or more member agencies. Notwithstanding any other provision of law, no permit or permission of any kind from any city or county shall be required for any project undertaken by the board pursuant to this section.(2) The board shall identify significant local public capital facilities, as distinguished from the basewide public capital facilities identified in the paragraph (1) which are described in the Fort Ord Reuse Plan. Local public capital facilities shall be the responsibility of the city or county with land use jurisdiction or the redevelopment agency if the facilities are located within an established
project area and the board of the redevelopment agency determines that it will assume responsibility.
(b) The board may seek state and federal grants and loans or other assistance to help fund public facilities.
(c) (1) The board may, in any year, levy assessments, reassessments, or special taxes to finance these basewide public facilities in accordance with, and pursuant to, any of the following:
(A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highway
Highways Code).
(C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(D) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)).
(E) The Landscape and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(F) The Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5).
(G) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with
Section 53311) of Part 1 of Division 2 of Title 5).
(H) The Infrastructure Financing District Act (Chapter 2.8 (commencing with Section 53395) of Division 2 of Title 5).
(I) The Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1).
(J) The Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Division 2 of Title 5).
(K) Fire suppression assessments levied pursuant to Article 3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of Division 1 of Title 5.
(L) The Habitat Maintenance Funding Act (Chapter 11 (commencing
with Section 2900) of Division 3 of the Fish and Game Code).
(2) Notwithstanding any other provision of law, the board may create any of these financing districts within the area of Fort Ord to finance basewide public facilities without the consent of any city or county. In addition, until January 1, 2000, the board may, but is not obligated to create, within the area of Fort Ord, any of these financing districts which authorize financing for public services and may levy authorized assessments or special taxes in order to pass through funding for these services to the local agencies. Notwithstanding any other provision of law, no city or county with jurisdiction over any area of the base, whether now or in the future, shall create any land-based financing district or levy any assessment or tax secured by a lien on real property within the
area of the base without the consent of the board, except that the city or county may create these financing districts for the purposes and subject to any financing limitations that may be specified in the capital improvement program prepared pursuant to Section 67675.
(d) The board may levy development fees on development projects within the area of the base. Any development fees shall comply with the requirements of Chapter 5 (commencing with Section 66000) of Division 1 of Title 5. No local agency shall issue any building permit for any development within the area of Fort Ord until the board has certified that all development fees that it has levied with respect to the development project have been paid or otherwise satisfied.
(e) This section shall become operative on July
1, 2020.
SEC. 21.SEC. 22.
Section 67690 of the Government Code is amended to read:67690.
(a) In addition to any funds received from federal and state agencies for the expenses of operating the Fort Ord Reuse Authority, the board may receive contributions from agencies represented on the board. Each agency represented by a board member shall contribute to the authority, on or before August 1 of each fiscal year, the sum of fourteen thousand dollars ($14,000) for each board member that the agency appoints. Each public agency which is represented on the board by an ex officio member shall contribute to the authority, on or before August 1 of each fiscal year, the sum of seven thousand dollars ($7,000). For purposes of this section, the term “public agency” does not include any elected official of the federal or state government.(b) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 22.SEC. 23.
Section 67700 of the Government Code is amended to read:67700.
(a) This title shall become inoperative when the board determines that 80 percent of the territory of Fort Ord that is designated for development or reuse in the plan prepared pursuant to this title has been developed or reused in a manner consistent with the plan adopted or revised pursuant to Section 67675, or June 30, 2020, whichever occurs first, and on January 1, 2021, this title is repealed.(b) (1) The Monterey County Local Agency Formation Commission shall provide for the orderly dissolution of the authority including ensuring that all contracts, agreements, and pledges to pay or repay money entered into by the authority are honored and properly
administered, and that all assets of the authority are appropriately transferred.
(2) The board shall approve and submit a transition plan to the Monterey County Local Agency Formation Commission on or before December 30, 2018, or 18 months before the anticipated inoperability of this title pursuant to subdivision (a), whichever occurs first. The transition plan shall assign assets and liabilities, designate responsible successor agencies, and provide a schedule of remaining obligations. The transition plan shall be approved only by a majority vote of the board.
(c) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 23.SEC. 24.
Section 67700 is added to the Government Code, to read:67700.
(a) (1) This title shall become inoperative on June 30, 2022.(2) This title shall remain in effect only until January 1, 2023, and as of that date is repealed.
(b) No later than June 30, 2022, the authority shall negotiate and secure one or more successor agencies to implement all obligations under the transition plan.
(c) (1) The Monterey County Local Agency Formation Commission shall provide for the orderly dissolution of the authority once an agreement with a successor agency has
been finalized. The Monterey County Local Agency Formation
Commission shall ensure that all contracts, agreements, and pledges to pay or repay money entered into by the authority are honored and properly administered, and that all assets of the authority are appropriately transferred.
(2) The board shall approve and submit a transition plan to the Monterey County Local Agency Formation Commission on or before December 30, 2018. The transition plan shall assign assets and liabilities, designate responsible successor agencies, and provide a schedule of remaining obligations. The transition plan shall be approved only by a majority vote of the board.
(d) Upon dissolution of the authority, all remaining community facilities district revenues shall be transferred to the County of Monterey. The County of Monterey shall disburse
those community facilities district revenues to each underlying land use jurisdiction on a pro rata basis, based on the source of the revenue or another equitable method that the County of Monterey determines is reasonable.
(e) If the authority has any remaining outstanding debt at the time of its dissolution, property tax revenues shall continue to be paid to the County of Monterey in accordance with subparagraph (D) of paragraph (1) of subdivision (c) of Section 33492.71 of the Health and Safety Code in an amount necessary to pay the principal and interest or other amounts on that debt. Upon the dissolution of the authority or the retirement of debt as provided in this subdivision, whichever occurs later, any remaining property tax revenues shall be transferred to the auditor-controller of the County of Monterey for appropriate
distribution.
(f) If the County of Monterey succeeds to any financial obligation of the authority as a result of the disbursement of remaining revenues or the retirement of debt, that obligation shall not constitute a debt or liability of the county, or any other member agency, but shall be payable solely from the remaining revenues provided for purposes of that obligation in the transition plan.
(g) The County of Monterey may, before disbursing revenues as provided in this section, deduct an amount equal to the reasonable cost of administering this section out of the remaining revenues of the authority to be disbursed.
(h) This section shall become operative on July 1, 2020.
SEC. 24.SEC. 25.
Section 67701 is added to the Government Code, to read:67701.
On and after July 1, 2020, all of the following shall apply:(a) The authority may do all of the following:
(1) Implement the transition plan.
(2) Manage the community facilities district boundaries.
(3) Make appropriate revisions to the boundaries of the community facilities district established by the board as replacement funding mechanisms are created by underlying land use jurisdictions pursuant to subdivision (b). Revisions to the community facilities district boundaries shall be made by filing an
amended map of the community facilities district.
(4) Collect and disburse community facilities district revenues.
(5) Collect and disburse property tax revenues.
(6) Disburse revenues described in paragraphs (4) and (5) for the purposes of the habitat conservation plan, transportation, transit, and water supply pursuant to Section 67675.
(7) Continue as the local reuse authority for purposes of the federal government and property transfers, including receipt of federal grant funding.
(8) Ensure that all pledges, contracts, or obligated payments are funded and appropriately carried out.
(b) Any underlying land use jurisdiction may adopt a substitute funding mechanism in lieu of the community facilities district established by the board, in which case the board shall adjust the boundaries of the community facilities district accordingly. An underlying land use jurisdiction that adopts a substitute funding mechanism pursuant to this subdivision shall commit, either in that substitute funding mechanism or otherwise in a written agreement, to continue funding regional needs in the former Fort Ord on a pro rata basis, to the satisfaction of the authority. For purposes of this subdivision, “regional needs” includes, but is not limited to, habitat conservation, transportation, transit, and water supply augmentation.
(c) The transition plan adopted by the board for
organizational changes shall be deemed to be within the scope of the Class 20 exemption provided by Section 15320 of Title 14 of the California Code of Regulations.
This article shall become inoperative as of the date of the dissolution of the Fort Ord Reuse Authority pursuant to Section 67700 of the Government Code or the retirement of the authority’s debt as provided in subdivision (e) of Section 67700 of the Government Code, whichever occurs later.
