33210-33217
HEALTH AND SAFETY CODE
SECTION 33210-33217
33210. Two or more agencies within two or more communities may
jointly exercise the powers granted under this part. In such case the
agencies, the planning commissions, and the legislative bodies may
hold joint hearings and meetings, or the legislative bodies of the
communities acting separately may each designate the agency of one of
the communities to act as the agency for all of the interested
communities.
33210.5. (a) As used in this section, the following terms have the
following meanings:
(1) "Joint Redevelopment Plan" means the Redevelopment Plan for
the Alameda County-City of San Leandro Redevelopment Project, adopted
pursuant to this part by the City of San Leandro by ordinance dated
July 12, 1993, as amended.
(2) "Joint Project Area" means the redevelopment project area
established by the Joint Redevelopment Plan, which includes territory
within both the City of San Leandro and the unincorporated territory
of the County of Alameda.
(b) The Legislature finds and declares all of the following:
(1) Pursuant to Section 33213, the Board of Supervisors of the
County of Alameda has authorized the redevelopment of the portion of
the Joint Project Area within its territorial limits by the San
Leandro Redevelopment Agency pursuant to the Joint Redevelopment
Plan.
(2) Since adoption of the Joint Redevelopment Plan, the San
Leandro Redevelopment Agency has exercised powers granted in this
part in the entire Joint Project Area.
(c) By ordinance, the legislative bodies of the City of San
Leandro and the County of Alameda may designate the Alameda County
Redevelopment Agency to exercise exclusively any of the powers
granted under this part, including, but not limited to, the power of
eminent domain, within that portion of the Joint Project Area within
the unincorporated territory of the County of Alameda.
(d) Notwithstanding subdivision (c), by ordinance, the legislative
bodies of the City of San Leandro and the County of Alameda may
further declare that insofar as it is necessary or convenient for the
San Leandro Redevelopment Agency to continue to exercise certain
specified powers granted under this part within or for the portion of
the Joint Project Area within the unincorporated territory of the
County of Alameda, including, but not limited to, those relating to
the receipt of tax increment revenue, the San Leandro Redevelopment
Agency shall continue to exercise those powers.
(e) For the purposes of this part, the legislative body of the
community with respect to actions taken by the San Leandro
Redevelopment Agency pursuant to the Joint Redevelopment Plan shall
mean the City Council of the City of San Leandro, and the legislative
body of the community with respect to actions taken by the Alameda
County Redevelopment Agency pursuant to the Joint Redevelopment Plan
shall mean the Board of Supervisors of the County of Alameda.
(f) No action taken in accordance with and in furtherance of this
section shall affect the calculation of tax increment revenue to be
allocated pursuant to Section 33670 or Section 33676 in effect at the
time of the adoption of the Joint Redevelopment Plan or the validity
of any agreement entered into by the San Leandro Redevelopment
Agency with an affected taxing entity pursuant to Section 33401 in
effect at the time of execution of that agreement.
(g) The legislative body of the County of Alameda may amend, by
ordinance, the Joint Redevelopment Plan without any further action of
the legislative body, redevelopment agency, or planning commission
of the City of San Leandro. Any amendment adopted pursuant to this
subdivision shall affect only property within that portion of the
Joint Project Area within the unincorporated territory of Alameda
County and shall otherwise be processed in accordance with the
applicable procedures and requirements of this part for such an
amendment.
(h) The legislative body of the City of San Leandro may amend, by
ordinance, the Joint Redevelopment Plan without any further action of
the legislative body, redevelopment agency, or planning commission
of the County of Alameda. Any amendment adopted pursuant to this
subdivision shall affect only property within that portion of the
Joint Project Area within the City of San Leandro and shall otherwise
be prepared and processed in accordance with the applicable
procedures and requirements of this part for such an amendment.
(i) The legislative body of the City of San Leandro and the
legislative body of the County of Alameda shall not take any action
pursuant to this section until the San Leandro Redevelopment Agency
files with the Controller a corrected report required by Section
33080.1 for the 1999-2000 fiscal year.
33211. If one agency is designated, it shall obtain the report and
recommendation of the planning commission of each community on the
redevelopment plan and its conformity to the general plan of each
community before presenting the redevelopment plan to the respective
legislative bodies for adoption.
33212. The designated agency and each planning commission shall
co-operate in formulating redevelopment plans.
33213. By ordinance the legislative body of a community may
authorize the redevelopment of an area within its territorial limits
by another community if such area is contiguous to such other
community. The ordinance shall designate the community to undertake
such redevelopment. The community so authorized may undertake the
redevelopment of such area in all respects as if the area was within
its territorial limits and its legislative body, agency, and planning
commission shall have all the rights, powers, and privileges with
respect to such area as if it was within the territorial limits of
the community so authorized. Neither the legislative body, agency nor
planning commission of the community so authorizing shall be
required to comply with any requirements of this part except as set
forth in this section. Any redevelopment plan for such area shall be
approved by ordinance enacted by the legislative body of the
community so authorizing.
33214. (a) Notwithstanding Section 33120, the territorial
jurisdiction of an agency in the county shall include all of the
unincorporated territory that was included in a project area selected
pursuant to Section 33322 or 34004 even if that territory is
subsequently annexed to a city or included within the boundaries of a
new city, unless territorial jurisdiction over the project area is
transferred from a county to a city pursuant to Section 33215 ,
33216, or 33217.
(b) Notwithstanding Section 33120, the territorial jurisdiction of
an agency in a city shall include all of the territory within the
limits of the city that was included in a project area selected
pursuant to Section 33322 or 34004 even if that territory is
subsequently annexed to another city or included within the
boundaries of a new city, unless territorial jurisdiction over the
project area is transferred to the other city pursuant to Section
33215, 33216, or 33217.
33214.5. As used in Sections 33215 and 33216:
(a) "Creating agency" means the community redevelopment agency
that created the project area that is to be transferred pursuant to
Section 33215 or 33216.
(b) "Receiving agency" means the community redevelopment agency
that will acquire jurisdiction over a project area pursuant to
Section 33215 or 33216.
33214.7. (a) Notwithstanding any law to the contrary, the
territorial jurisdiction of the Redevelopment Agency of the County of
Riverside shall include all of the following:
(1) Former agency territory within the geographic boundaries of
the City of Menifee or the City of Wildomar with respect to which the
agency, prior to the incorporation of the applicable city, (A)
entered into a binding agreement with a third party in furtherance of
the purposes set forth in Section 33334.2 and (B) acquired land or
otherwise expended money from its Low and Moderate Income Housing
Fund established pursuant to Section 33334.3.
(2) Territory currently within an island of unincorporated
territory that is surrounded or substantially surrounded by the City
of Indio, after the city's annexation of that territory, with respect
to which the agency, prior to that annexation, (A) entered into a
binding agreement with a third party in furtherance of the purposes
set forth in Section 33334.2 and (B) acquired land or otherwise
expended money from its Low and Moderate Income Housing Fund
established pursuant to Section 33334.3.
(b) This section shall apply retroactively and prospectively to
the territory specified in subdivision (a).
(c) The agency may apply towards its obligations under
subdivision (b) of Section 33413 units described in clause (ii) of
subparagraph (A) of paragraph (2) of subdivision (b) of Section 33413
that are located within the territory specified in subdivision (a).
33215. (a) If all of the territory included within a project area,
including any noncontiguous territory within the project area,
selected pursuant to Section 33322 or 34004 is subsequently annexed
to a city or included within the boundaries of a new city, the
territorial jurisdiction of the creating agency over all of the
territory in that project area may be transferred from the creating
agency to a receiving agency pursuant to this section.
(b) The legislative body of the community of the receiving agency,
in which the territory described in subdivision (a) is located, may
unilaterally transfer the territorial jurisdiction described in
subdivision (a) if that legislative body agrees to reimburse the
community of the creating agency for all costs incurred by the
community of the creating agency in conducting the transfer and
adopts, or has adopted, both of the following ordinances:
(1) An ordinance pursuant to Section 33101 declaring the need for
an agency to function in the city.
(2) An ordinance adopting the same redevelopment plan for the
project area that was previously adopted by the legislative body of
the creating agency or an ordinance adopting that redevelopment plan,
with amendments. However, no amendment to a redevelopment plan may
be adopted if the amendment would violate any agreement entered into
by the creating agency or its legislative body, as determined by that
legislative body, prior to the effective date of the transfer of
territorial jurisdiction, as determined pursuant to subdivision (c).
(c) The effective date of the transfer of territorial jurisdiction
is the first day of the fiscal year that begins following the
effective date of the later enacted of the ordinances adopted
pursuant to subdivision (b).
(d) The transfer of territorial jurisdiction shall have all of the
following effects on and after the effective date of the transfer of
territorial jurisdiction, as determined pursuant to subdivision (c):
(1) The receiving agency and its legislative body shall have all
of the rights, powers, and responsibilities provided by this part
with respect to the project area and the redevelopment plan for that
project area.
(2) The debts and any other obligations of the creating agency or
its legislative body in connection with the project area or the
redevelopment plan for that project area shall be assumed by the
receiving agency.
(3) For the purposes of this part, including Section 33670, the
redevelopment plan for the project area for which territorial
jurisdiction is transferred from the creating agency to the receiving
agency pursuant to this section shall be considered to have been
adopted by the legislative body of the receiving agency on the date
the redevelopment plan was originally adopted by the legislative body
of the creating agency.
(e) The creating agency, the receiving agency, and their
respective legislative bodies may enter into any agreements which
those entities mutually determine to be necessary or desirable to
facilitate the transfer of territorial jurisdiction provided for by
this section.
33216. (a) If all, or a substantial portion, of the territory
included within a project area selected pursuant to Section 33322 or
34004 is subsequently annexed to a city or included within the
boundaries of a new city, the territorial jurisdiction of the
creating agency over all, or a substantial portion, of the territory
in that project area may be transferred from the creating agency to
the receiving agency pursuant to this section. If all, or a
substantial portion, of the noncontiguous territory of a project area
of a creating agency is subsequently annexed to a city or included
within the boundaries of a new city, the jurisdiction of the creating
agency over all, or a substantial portion, of the noncontiguous
territory may be transferred to the receiving agency pursuant to this
section.
(b) The transfer of territorial jurisdiction described in
subdivision (a) is not effective unless all of the following occur:
(1) The creating agency and the receiving agency enter into the
agreement described in subdivision (c), and their respective
legislative bodies both adopt a resolution approving that agreement.
(2) The legislative body of the receiving agency adopts, or has
adopted, both of the following ordinances:
(A) An ordinance pursuant to Section 33101 declaring the need for
an agency to function in the city.
(B) An ordinance adopting the same redevelopment plan for the
project area that was previously adopted by the legislative body of
the creating agency.
(c) The agreement required to be entered into between the creating
agency and the receiving agency pursuant to paragraph (1) of
subdivision (b) shall contain all of the provisions described in
paragraphs (1), (2), (3), and (4), and may contain the provisions
described in paragraphs (5) and (6):
(1) A provision specifying that all of the territory included
within the project area is transferred from the creating agency to
the receiving agency, or a provision specifying the portions of the
project area over which each agency will have territorial
jurisdiction.
(2) (A) If all of the territory included within the project area
is transferred from the creating agency to the receiving agency, a
provision for the allocation of all of the taxes payable from the
project area pursuant to subdivision (b) of Section 33670 to the
receiving agency.
(B) If a substantial portion of the territory included within the
project area is transferred from the creating agency to the receiving
agency, a provision for the allocation of taxes payable from the
project area pursuant to subdivision (b) of Section 33670 between the
receiving agency and the creating agency. That allocation of taxes
shall be reasonably related to the costs that the community of the
creating agency and the community of the receiving agency expect to
incur in carrying out the redevelopment plan and the outstanding
indebtedness that the creating agency has incurred in carrying out
the redevelopment plan. That indebtedness shall include repayment of
expenditures to, or on behalf of, the redevelopment project area from
other resources or borrowing of the creating agency. That allocation
of taxes may differ from the allocation that would have been made if
the portion of the project area under the territorial jurisdiction
of the creating agency and the portion of the project area under the
territorial jurisdiction of the receiving agency had been separate
project areas at the time of adoption of the redevelopment plan by
the legislative body of the creating agency.
(3) A requirement that all taxes payable from the project area
pursuant to subdivision (b) of Section 33670 that are allocated to
the receiving agency, as required by subparagraph (B) of paragraph
(2), shall be available if necessary to pay any indebtedness incurred
by the creating agency prior to the effective date of the transfer
of jurisdiction in connection with the project area and the
redevelopment plan if that indebtedness was secured by the taxes
payable from the project area pursuant to subdivision (b) of Section
33670.
(4) If a substantial portion of the territory included within the
project area is transferred from the creating agency to the receiving
agency, a requirement that any amendment to the redevelopment plan
for that portion of the territory of the project area under the
jurisdiction of the creating agency shall, in addition to any other
requirements under this part, be approved by an ordinance adopted by
the legislative body of the receiving agency, and that any amendment
to the redevelopment plan for that portion of the territory of the
project area under the jurisdiction of the receiving agency shall, in
addition to any other requirements under this part, be approved by
an ordinance adopted by the legislative body of the creating agency.
(5) If a substantial portion of the territory included within the
project area is transferred from the creating agency to the receiving
agency, a provision permitting the creating agency to undertake
activities to implement the redevelopment plan in portions of the
project area under the territorial jurisdiction of the receiving
agency or for the receiving agency to undertake activities to
implement the redevelopment plan in portions of the project area
under the territorial jurisdiction of the creating agency.
(6) Any other terms and conditions that the creating agency, the
receiving agency, or their respective legislative bodies mutually
determine to be necessary or desirable to facilitate the transfer of
territorial jurisdiction over all, or a substantial portion, of the
project area and the implementation of the redevelopment plan.
(d) The effective date of the transfer of territorial jurisdiction
is the first day of the fiscal year that begins following the
effective date of the resolution adopted pursuant to paragraph (1) of
subdivision (b), or the effective date of the later enacted of the
ordinances adopted pursuant to paragraph (2) of subdivision (b),
whichever date is later.
(e) On and after the effective date of the transfer of territorial
jurisdiction:
(1) Except as otherwise provided by the agreement entered into
pursuant to paragraph (1) of subdivision (b), the receiving agency
and its legislative body shall have all of the rights, powers, and
responsibilities provided by this part with respect to all, or the
portion, of the project area for which the territorial jurisdiction
has been transferred to the receiving agency and with respect to all,
or the portion, of the redevelopment plan for all, or that portion,
of the project area.
(2) The debts and any other obligations of the creating agency or
its legislative body in connection with the project area, or a
substantial portion of the project area transferred to the receiving
agency, as the case may be, or the redevelopment plan for that
project area, or portion of the project area, shall be assumed by the
receiving agency.
(3) For the purposes of this part, including Section 33670, the
redevelopment plan for all, or a substantial portion, of the project
area for which territorial jurisdiction is transferred from the
creating agency to the receiving agency pursuant to this section
shall be considered to have been adopted by the legislative body of
the receiving agency on the date the redevelopment plan was
originally adopted by the legislative body of the creating agency.
33216.1. (a) The Legislature finds and declares all of the
following:
(1) The Orange County Board of Supervisors established the
Neighborhood Development and Preservation Project on June 28, 1988.
(2) The Orange County Neighborhood Development and Preservation
Project consists of 13 independent areas either within the
territorial jurisdiction of incorporated cities or the sphere of
influence of existing cities.
(3) The County of Orange and affected cities are in agreement that
the territorial jurisdiction for the Neighborhood Development and
Preservation Project areas for those areas presently within the
boundaries of an incorporated city, and areas which upon their
annexation or inclusion otherwise are included within the boundaries
of an incorporated city should be transferred to the appropriate
city.
(b) If any portion, including a subarea of the Orange County
Neighborhood Development and Preservation Project, of the territory
is currently within the boundaries of a city, or is subsequently
annexed to a city or otherwise included within the boundaries of a
city, the territorial jurisdiction of the agency of the county over
that portion including a subarea of the project area, of the
territory in the Orange County Neighborhood Development and
Preservation Project may be transferred from the agency of the county
to the agency of the city pursuant to Section 33216, except as
provided below:
(1) If any portion, including a subarea of the Orange County
Neighborhood Development and Preservation Project is transferred from
the agency of the county to the agency of the city pursuant to this
subdivision, the city ordinance adopting the same redevelopment plan
as adopted by the board of supervisors may include an amendment to
the plan. Any public notice required to amend the plan shall apply
only to the portion, including a subarea, jurisdictionally
transferred to the agency of the city.
(2) Notwithstanding paragraph (4) of subdivision (c) of Section
33216, any amendment adopted by the agency of the city shall not
require the approval of the board of supervisors, unless that
amendment would violate any agreement entered into by the agency of
the county or the board of supervisors, as determined by the board of
supervisors, prior to the effective date of the transfer of
territorial jurisdiction.
33216.5. (a) The Legislature finds and declares all of the
following:
(1) The City of Shasta Lake, which is located in the County of
Shasta, was incorporated on July 2, 1993.
(2) The Shasta Dam Area Redevelopment Project, which was
established in July 1991, is located within the City of Shasta Lake.
(3) The City of Shasta Lake and the County of Shasta are in
agreement that territorial jurisdiction for the Shasta Dam Area
Redevelopment Project should be transferred from the redevelopment
agency of the County of Shasta to the redevelopment agency of the
City of Shasta Lake. Pursuant to subdivision (b) of Section 33215,
the city council has adopted an ordinance declaring the need for an
agency to function in the city.
(4) Under subdivision (c) of Section 33215, however, the transfer
of jurisdiction for the Shasta Dam Area Redevelopment Project cannot
become effective until the first day of the first fiscal year
beginning after the adoption of the later of the required ordinances.
(5) Because the City of Shasta Lake was incorporated on the second
day of the current fiscal year, the city is uniquely burdened by the
requirement of existing law, which delays until July 1, 1994, the
effectiveness of the agreement to transfer the redevelopment project
from the agency of the county to the agency of the city.
(6) Therefore, to effectuate the purposes of the Community
Redevelopment Law, the transfer of the territorial jurisdiction for
the Shasta Dam Area Redevelopment Project from the redevelopment
agency of the County of Shasta to the redevelopment agency of the
City of Shasta Lake should be authorized forthwith.
(b) Notwithstanding Section 33215 or any other provision of law,
territorial jurisdiction for the Shasta Dam Area Redevelopment
Project is hereby transferred, as of the effective date of the act
that adds this section, from the redevelopment agency of the County
of Shasta to the redevelopment agency of the City of Shasta Lake
under the terms and conditions agreed upon by the city and county.
33217. If a portion of a city containing a portion of a
redevelopment project area is incorporated as a new city, and the new
city establishes an agency to be the receiving agency for that
portion of the project area, the creating agency and the receiving
agency shall have six months from the date of the establishment of
that receiving agency to enter into an agreement pursuant to Section
33216. If that agreement is not entered into within that six-month
period, the creating agency shall not thereafter expend any money
pursuant to this part or Part 1.5 (commencing with Section 34000)
within the project area, except to repay existing indebtedness, until
those agencies have entered into that agreement. That indebtedness
shall include outstanding bonded indebtedness, existing agreements,
contracts, leases, and expenditures made to, or on behalf of, the
project area from other resources or borrowings of the creating
agency.