BILL NUMBER: AB 1479 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 1999
INTRODUCED BY Assembly Member Bates
FEBRUARY 26, 1999
An act to amend Sections 56001, 56011, and 56012 of, and
to add Sections 56018.1 and 56054.1 to, the Government Code, relating
to local government reorganization. Section 65050 of,
to amend and renumber the heading of Title 7.85 (commencing with
Section 67650) of, and to add and repeal Title 7.85 (commencing with
Section 67710) of, the Government Code, relating to the El Toro
Development Authority.
LEGISLATIVE COUNSEL'S DIGEST
AB 1479, as amended, Bates. Local government
reorganization: military bases El Toro Development
Authority .
The Military Base Reuse Authority Act authorizes cities and
counties to establish an authority with specified powers and duties
relating to the transition of a military base to civilian use, the
Fort Ord Reuse Authority Act authorizes specified local agencies to
establish the Fort Ord Reuse Authority, and existing law designates
the local redevelopment authority recognized by the Department of
Defense as the single local reuse authority for the MCAS El Toro
military base.
This bill would enact the El Toro Development Authority Act which
would authorize the County of Orange and the City of Irvine to
establish the El Toro Development Authority as a joint powers agency
that would be the single local reuse authority for the MCAS El Toro
military base. The bill would prescribe the membership of, and the
procedures applicable to, the governing board of the authority, and
would prescribe its jurisdiction, powers, and duties, including
adopting and maintaining a use and development plan for the base with
which local development projects would have to be consistent. The
bill would prescribe matters relating to environmental review,
acquisition and disposal of property, construction and improvement of
facilities, levy of assessments and taxes, issuance of bonds,
creation of financing districts, city and county contributions to the
budget of the authority, transfer of sales and property tax revenues
pursuant to contract, redevelopment, and toxic cleanup. The act
would become inoperative when the board determines that 90% of the
base territory has been developed according to the plan or on June
30, 2020, whichever occurs first, and the act would be repealed on
January 1, 2021.
The Cortese-Knox Local Government Reorganization Act of 1985
prescribes procedures for a change of organization or reorganization
with respect to an affected city or affected county, as defined.
This bill would provide that an affected city or county includes a
city or county that contains or would contain part of a military
base that is designated for closure, and would make related
legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56001 of the Government Code
SECTION 1. Section 65050 of the Government Code is amended to
read:
65050. (a) As used in this article, the following phrases have
the following meanings:
(1) "Military base" means a military base that is designated for
closure or downward realignment pursuant to the Defense Authorization
Amendments and Base Closure and Realignment Act (P.L. 100-526), the
Defense Base Closure and Realignment Act of 1990 (P.L. 101-510), or
any subsequent closure or realignment approved by the President of
the United States without objection by the Congress.
(2) "Effective date of a base closure" means the date a base
closure decision becomes final under the terms specified by federal
law. These decisions become final 45 legislative days after the date
the federal Base Closure Commission submits its recommendations to
the President, he or she approves those recommendations, and the
Congress does not disapprove those recommendations or adjourns.
(b) It is not the intent of the Legislature in enacting this
section to preempt local planning efforts or to supersede any
existing or subsequent authority invested in the Defense Conversion
Council, as established by Article 3.7 (commencing with Section
15346). It is the intent of this article to provide a means of
conflict resolution.
(c) For the purposes of this article, a single local base reuse
entity shall be recognized pursuant to the provisions of this section
for each military base closure in this state.
(d) The following entities or their successors, including, but not
limited to, separate airport or port authorities, are recognized as
the single local reuse entity for the military bases listed:
Military Base Local Reuse Entity
George Air Force Base Victor Valley Economic
Development Authority
Hamilton Army Base City of Novato
Mather Air Force Base County of Sacramento
Norton Air Force Base Inland Valley Development
Authority
Presidio Army Base City and County of
San Francisco
Salton Sea Navy Base Imperial County
Castle Air Force Base Castle Joint Powers
Authority
Hunters Point Naval City and County of
Annex San Francisco
Long Beach Naval Station City of Long Beach
MCAS Tustin City of Tustin
Sacramento Army Depot City of Sacramento
MCAS El Toro Local
redevelopment authority
recognized by the United
States Department of
Defense, Office of
Economic Adjustment
El Toro Development
Authority
March Air Force Base March Joint Powers
Authority
Mare Island Naval Shipyard City of Vallejo
Naval Training Center, City of San Diego
San Diego
NS Treasure Island City and County of
San Francisco
NAS Alameda, San Francisco Alameda Reuse
Bay Public Works and Redevelopment
Center, Alameda Naval Authority
Aviation Depot
Oakland Navy Hospital City of Oakland
Fort Ord Army Base Fort Ord Reuse Authority
Any military base reuse authority created pursuant to Title 7.86
(commencing with Section 67800).
(e) For any military base that is closed and not listed in
subdivision (d), a single local reuse entity shall be recognized for
the base by the state if resolutions acknowledging the entity as the
single base reuse entity are adopted by the affected county board of
supervisors and the city council of each city located wholly or
partly within the boundaries of a military base or having a sphere of
influence over any portion of the base and are forwarded to the
Defense Conversion Council and the Office of Planning and Research
within 60 days after the effective date of a base closure decision or
by March 1, 1995, whichever date is later.
(f) If the necessary resolutions are not adopted within the time
limit specified in subdivision (e), the Director of the Office of
Planning and Research may select a mediator, from a list submitted by
the Defense Conversion Council containing no fewer than seven
recommendations, to reach agreement among the affected jurisdictions
on a single local reuse entity. In selecting a mediator, the
director shall appoint a neutral person or persons, with experience
in local land use issues, to facilitate communication between the
disputants and assist them in reaching a mutually acceptable
agreement.
(g) As a last resort, and only if no recognition is made pursuant
to the procedure specified in subdivisions (e) and (f) within 120
days after a base closure decision has become final or within 120
days after the date on which this section becomes operative,
whichever date is later, the Defense Conversion Council, created
pursuant to Article 3.6 (commencing with Section 15346) of Chapter 1
of Part 6.7 of Division 3 of Title 2, shall hold public hearings and
recognize a single local base reuse entity for each closing base for
which agreement is reached among the local jurisdictions with
responsibility for complying with Chapter 3 (commencing with Section
65100) and Chapter 4 (commencing with Section 65800) on the base, or
recommend legislation or action by the local agency formation
commission if necessary to implement a proposed recognition.
(h) In recognizing a single local reuse entity pursuant to this
section, preference shall be given to existing entities and entities
with responsibility for complying with Chapter 3 (commencing with
Section 65100) and Chapter 4 (commencing with Section 65800).
(i) Any recognition of a single local reuse entity made pursuant
to subdivision (e), (f), or (g) shall be submitted by the Director of
the Office of Planning and Research to the Governor, the
Legislature, and the United States Department of Defense.
SEC. 2. The heading of Title 7.85 (commencing with Section 67650)
of the Government Code is amended and renumbered to read:
TITLE 7.85. 7.83. FORT ORD REUSE
AUTHORITY
SEC. 3. Title 7.85 (commencing with Section 67710) is added to the
Government Code, to read:
TITLE 7.85. EL TORO DEVELOPMENT AUTHORITY
CHAPTER 1. TITLE AND DECLARATION OF POLICY
67710. This title shall be known and may be cited as the "El Toro
Development Authority Act."
67711. The Legislature hereby declares the following goals to be
the policy of the State of California:
(a) To facilitate the transfer and reuse of the real and other
property comprising the Marine Corps Air Station known as MCAS El
Toro with all practical speed.
(b) To minimize the disruption caused by the base closure on the
civilian economy and the people of the Orange County area.
(c) To provide for the reuse and development of the base area in
ways that enhance the economy and quality of life of the Orange
County community.
(d) To maintain and protect the unique environmental resources of
the area.
(e) To balance economic and quality of life interests so that the
benefits and burdens are shared countywide.
(f) To ensure equal representation by those jurisdictions most
impacted by closure of MCAS El Toro.
67712. The Legislature finds and declares as follows:
(a) The policy set forth in Section 67711 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 City of Irvine has requested the Legislature to establish
a governmental structure for MCAS El Toro to succeed the MCAS El Toro
Local Redevelopment Authority.
(c) The MCAS El Toro Local Redevelopment Authority consists of the
County of Orange and is responsible for the planning and development
of a commercial airport at MCAS El Toro pursuant to a local voter
initiative, Measure A, passed in November 1994.
(d) The El Toro Reuse Planning Authority, consisting of the Cities
of Irvine, Lake Forest, Laguna Hills, Mission Viejo, Laguna Niguel,
Dana Point, and Laguna Beach, is responsible for planning and
development of a nonaviation or mixed use plan for MCAS El Toro in
the event of a "fatal flaw" with the commercial airport plan.
(e) The MCAS El Toro Local Redevelopment Authority does not
include representation by the City of Irvine which has 10 percent of
MCAS El Toro in its corporate boundary and the remainder within its
sphere of influence.
(f) The El Toro Reuse Planning Authority does not include
representation by the County of Orange, which has 90 percent of MCAS
El Toro presently within the county unincorporated area.
(g) The planning and development of MCAS El Toro shall hereafter
be carried out exclusively by the El Toro Development Authority
consisting of the County of Orange and the City of Irvine, and
pursuant to the requirements of Measure A until such time as it
expires according to its own terms or is superseded by a subsequent
voter initiative, and any other authority defined by the two member
agencies.
(h) The purpose of this title is not to supersede the
determination of the County of Orange as the federal Local
Redevelopment Authority (LRA), but to acknowledge that the role of
the LRA was satisfied by the submittal of a reuse plan to the
Department of the Navy in December 1996 and that the development and
implementation of a local plan should be carried out by a local
governmental entity representing those jurisdictions with land use
authority over MCAS El Toro, the County of Orange, and the City of
Irvine.
CHAPTER 2. GENERAL PROVISIONS
67720. Unless the context otherwise requires, the definitions
contained in this chapter govern the construction of this title.
(a) "Authority" means the El Toro Development Authority.
(b) "Basewide facility" means a public capital facility that, in
the judgment of the board, is important to the overall reuse of MCAS
El Toro, and has countywide significance.
(c) "Board" means the governing board of the authority, as
specified in Section 67730.
(d) "MCAS El Toro Plan" means the MCAS El Toro Development and
Implementation Plan, adopted pursuant to Section 67740, for the
future use and development of MCAS El Toro, as defined in subdivision
(h).
(e) "Legislative body" means the governing board of any public
agency.
(f) "Local facility" means a public capital facility.
(g) "Member agency" means the County of Orange and the City of
Irvine.
(h) "MCAS El Toro" means the geographical area comprising
approximately 4,738 acres in central Orange County located within the
unincorporated area of the County of Orange and within the city
limits of the City of Irvine.
(i) "Millennium Plan" means the alternative reuse plan of MCAS El
Toro for nonaviation mixed uses adopted by the El Toro Reuse Planning
Authority in March 1998.
(j) "Public capital facilities" means all public capital
facilities described in the MCAS El Toro Reuse Plan or the Millennium
Plan, including, but not limited to, roads, freeways, ramps, air
transportation facilities (if applicable) and freight hauling and
handling facilities, sewage and water conveyance and treatment
facilities, school, library, and other educational facilities,
recreational facilities, commercial, park, institutional, and
industrial facilities, that could most efficiently and conveniently
be planned, negotiated, financed, or constructed by the authority to
further the integrated future use of MCAS El Toro.
(k) "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 El Toro
Development Authority, except with respect to property within the
territory of MCAS El Toro that is transferred to the Department of
the Interior or other federal or state agencies, to whom the
redevelopment authority designation does not apply pursuant to Title
XXIX of the National Defense Authorization Act.
67721. The local agencies specified in Section 67730 shall
establish the El Toro Development Authority in accordance with this
title upon the adoption of resolutions favoring the establishment of
the authority.
67722. (a) The authority is a joint powers authority of the State
of California that is independent of the agencies from which its
board is appointed. Notwithstanding any other provision of law, the
powers and duties of the authority are those granted or imposed by
this title.
(b) The jurisdiction of the authority shall be the territory of
MCAS El Toro. The jurisdiction of the authority is subject to the
Cortese-Knox Local Government Reorganization Act of 1985 (Division 3
(commencing with Section 56000) of Title 5).
(c) The Legislature finds and declares that the planning,
financing, and management of the development of MCAS El Toro is a
matter of statewide importance, and that the powers and duties
granted to the authority by this title shall prevail over those of
any local entity, including any city or county, whether formed under
the general laws of the state or pursuant to a charter, and any other
joint powers authority.
67723. The authority's purpose is to plan for, finance, and
manage the transition of the property known as MCAS El Toro from
military to civilian use.
67724. In accordance with Section 5151 of the Elections Code, the
authority is a district for purposes of initiative and referendum
under Chapter 4 (commencing with Section 5150) of Division 5 of that
code and the voters of the authority are the voters of Orange County.
CHAPTER 3. ORGANIZATION
67730. (a) The authority shall be governed by a board of seven
members composed of the following:
(1) Five members of the Orange County Board of Supervisors.
(2) One member of the Irvine City Council.
(3) One member appointed jointly by the County of Orange and the
City of Irvine.
(b) Board members shall not be permitted to have alternates.
67731. The following may serve as ex officio nonvoting members of
the board:
(a) One representative appointed by each of the following cities:
Newport Beach, Anaheim, Costa Mesa, Tustin, Orange, Santa Ana, Los
Alamitos, Laguna Hills, Lake Forest, Laguna Woods, Mission Viejo,
Laguna Niguel, Dana Point, and Laguna Beach.
(b) One representative designated by each of the Members of
Congress from the 47th and 48th Congressional Districts.
(c) A representative designated by the Senator from the 33rd
Senate District.
(d) A representative designated by the Assembly Member from the
71st Assembly District.
(e) A representative designated by the United States Marine Corps.
(f) One representative designated by each of the following: the
Irvine, Capistrano, and Saddleback School Districts; the University
of California, Irvine; and the South Orange County Community College
District.
(g) One representative designated by each of the following: the
Orange County Business Council, the Orange County Building Industry
Association, the Orange County Convention and Visitors Bureau, the
Irvine Chamber of Commerce, the Orange County Business Coalition, and
the South County Chamber of Commerce.
(h) A representative designated by the Irvine Ranch Water
District.
(i) A representative designated by the Orange County
Transportation Authority.
67732. The board may appoint or remove additional ex officio
nonvoting members at its pleasure.
67733. The board shall provide by resolution the dates on which
and the time and place at which regular meetings of the board shall
be held. A copy of the board's action establishing the date, time,
and place of a regular meeting shall be filed with the secretary of
the board and the clerk or secretary of the legislative body of each
of the members. The board shall comply with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5).
67733.1. The board may adopt rules and regulations for the
conduct of its meetings and activities.
67733.2. Notwithstanding Article 4.7 (commencing with Section
1125) of Chapter 1 of Division 4 of Title 1, any member of the board
who is also a member of another public agency, a county supervisor,
or a city council person, and who has in that designated capacity
voted or acted upon a particular matter, may vote or otherwise act
upon or participate in the discussion of that matter as a member of
the board.
67733.3. The secretary of the board shall maintain minutes of the
meetings of the board and, as soon as possible after each meeting,
shall cause a copy of the minutes to be forwarded to each member of
the board.
67733.4. (a) A majority of the voting members appointed to the
board pursuant to Section 67630 shall constitute a quorum and may act
for the authority.
(b) Any action taken by the board shall require an affirmative
vote of the members of the constituting quorum. Tie votes on a
motion constitutes defeat of that motion.
67734. The members of the board shall serve without compensation.
67735. The board shall elect from its own members a chair and a
vice chair at the first board meeting held each year. Each shall
serve a term of one year and may be reelected.
67736. The board shall determine the qualifications of, and shall
employ or contract with, staff or consultants as may be necessary to
execute the powers and functions provided for under this title,
including, but not limited to, attorneys, financing consultants,
planners, accountants, engineers, architects, contractors,
appraisers, and other consultants and advisors. This management
structure shall succeed the existing LRA executive officer and the
MCAS El Toro Master Development Program Office within the County of
Orange.
67737. The Orange County Executive Officer and the Irvine City
Manager, or their designees, may serve on an administrative committee
to the board to provide advice, analysis, and recommendations to the
board as the board may request from time to time.
67738. In addition to the Citizen's Advisory Commission created
pursuant to Measure A and the role of the Orange County Planning
Commission under Measure A, the City of Irvine Planning Commission
shall assume the same role as the Orange County Planning Commission
in providing recommendations on the reuse of MCAS El Toro to the
board.
CHAPTER 4. POWERS AND DUTIES
67740. (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 MCAS El Toro as a follow-on to the reuse
plan adopted by the LRA in December 1996. The adopted plan shall be
the official local plan for the development of MCAS El Toro. The
plan for development and implementation, the "MCAS El Toro
Development and Implementation Plan," shall be derived from the MCAS
El Toro Reuse Plan prepared by the County of Orange in 1996, or its
successors, proposed as a commercial airport for MCAS El Toro, or
derived from the Millennium Plan, a nonaviation mixed use plan as
initially prepared by the El Toro Reuse Planning Authority in 1998,
or its successor plan.
(b) The MCAS El Toro 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 airport (as applicable), 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, and appurtenant terminals and
other facilities for the movement of people and goods to, from, and
within the area of, the base, and air transportation facilities for
an airport plan (as applicable).
(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, 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 existing and proposed recreational resources within the area of
the base.
(5) A five-year capital improvement program that complies with
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) Basewide facilities identified pursuant to Section 67743.
(B) Local facilities that are in Orange County or the City of
Irvine with territory occupied by MCAS El Toro and that primarily
serve residents of the county or that city.
(c) In addition to the plan elements required pursuant to
subdivision (b), the plan may also include any element or subject
specified in Section 65302.
(d) The MCAS El Toro 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.
(e) In preparing, adopting, reviewing, and revising the reuse
plan, the board shall be consistent with approved air quality plans,
water quality plans, spheres of influence, and other countywide or
regional plans, including any amendments subsequent to the enactment
of this title, and shall consider all of the following:
(1) The Southern California Association of Governments regional
plan.
(2) Other public and nongovernmental entity plans and proposed
projects affecting the planning and development of the territory
occupied by MCAS El Toro.
67740.1. Notwithstanding Title 7 (commencing with Section 65000),
after the board has adopted the MCAS El Toro Plan, the member
agencies within the territory of MCAS El Toro shall adopt and rely on
the plan, including any amendments thereto, for purposes of their
territory within MCAS El Toro as their local general plan for
purposes of Title 7, with evidence thereof submitted to the
satisfaction of the board, including, but not limited to, resolutions
adopting general plan amendments, and compliance determinations
pursuant to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code);
general plan amendment and zoning district maps, and zoning
ordinances.
67740.2. (a) The board shall, within 90 days after receipt of
evidence from the County of Orange and the City of Irvine, 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 MCAS El Toro.
(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, that, 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 MCAS El
Toro, or any amendments thereto, if the board finds that the portions
of the general plan or amended general plan applicable to the
territory of MCAS El Toro meet the requirements of this title, and
are consistent with the MCAS El Toro Plan.
67740.3. Except for appeals to the board, as provided in Section
67740.5, after the portion of a general plan applicable to MCAS El
Toro has been certified and all implementing actions within the area
affected have become effective, the development review authority
shall be exercised by the County of Orange or the City of Irvine over
any development proposed within the area to which the general plan
applies.
67740.4. After the board has certified a general plan or an
amended general plans, any amendments to that certified plan that are
applicable to the territory of MCAS El Toro shall take effect only
upon certification in the same manner as for the initially certified
plan, as provided in this title.
67740.5. (a) After the board has adopted the MCAS El Toro 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, the County of Orange and the City of Irvine may plan
for, zone, and issue or deny building permits and other development
approvals within their jurisdictional 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 MCAS El Toro Plan:
(A) Remodels of the interior of any existing building or
structure.
(B) Repair and maintenance activities that do not result in an
addition to, or enlargement or expansion of, any building or
structure.
(C) 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.
(D) 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.
67740.6. (a) The Legislature finds and declares as follows:
(1) An environmental impact statement (EIS) on the closure and
reuse of MCAS El Toro is being prepared and filed pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.A Sec. 4321 et
seq.) that will be completed by the Department of the Navy on behalf
of the Marine Corps. Upon completion of the EIS, a record of
decision will be issued by the Department of the Navy as a
prerequisite to the transfer of land to the El Toro Development
Authority for civilian reuse pursuant to the MCAS El Toro Plan. If
this plan is comprised of a commercial airport, a subsequent EIS will
be prepared by the Federal Aviation Administration, with its own
subsequent record of decision prior to opening the airport.
(2) In 1996, the County of Orange certified an environmental
impact report (EIR) for an airport reuse plan pursuant to the
California Environmental Quality Act (CEQA) (Division 13 (commencing
with Section 21000) of the Public Resources Code). The reuse plan
was required for submittal to the Department of the Navy for its
closure and reuse EIS. As a follow-on to its reuse plan EIR, in
1998, the County of Orange conducted a scoping session and issued a
notice of preparation for an airport master plan EIR. The
preparation of the master plan EIR is underway.
(b) Based on the information in subdivision (a), the board shall
proceed as follows:
(1) Whether or not a master plan EIR has been released for comment
by the County of Orange, the board shall evaluate the product or
work in progress to ensure that both an aviation master plan and the
nonaviation mixed use Millennium Plan will be evaluated at the same
level of detail. Upon reviewing the CEQA compliance work effort to
date, even if an EIR has been issued and certified by the County of
Orange, the board shall reissue a notice of the preparation of an
environmental impact report on the MCAS El Toro Plan which shall be
prepared pursuant to either Section 21080.4 or 21080.6 of the Public
Resources Code. The notice shall include a description of the MCAS
El Toro Plan, and a thorough description of the airport master plan
and the Millennium Plan, and shall be followed by a public workshop
or scoping session on the MCAS El Toro Plan. 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 shall proceed with preparation of the
environmental impact report on the plans.
67741. The board may negotiate and enter into appropriate
agreements with the United States or any of its agencies or
departments for the purpose of determining the disposition, reuse, or
conservation of the property or facilities within the area of MCAS
El Toro.
67742. (a) The board shall be the principal local public agent
for the acquisition, lease disposition, and sale of real property
transferred pursuant to the "Pryor Amendment," except as otherwise
provided in this section. The board may take title to property
transferred pursuant to the "Pryor Amendment" within the area of the
base that is either turned over to the board by the federal
government at no cost or that is purchased. The board may sell,
lease, or otherwise dispose of this property at full market value or
at less than full market value in order to facilitate the rapid and
successful transition of the base to civilian use. In any
transaction involving the transfer of federal property, the board
shall fully satisfy all conditions, requirements, and understandings
with the federal government with respect to the use and disposal of
that property. In the sale, lease, or disposition of real property,
the board shall follow the procedures and make those determinations
that are required of redevelopment agencies pursuant to Article 11
(commencing with Section 33430) of Chapter 4 of Part 1 of Division 24
of the Health and Safety Code.
(b) (1) The board shall transfer all real and personal property
received pursuant to this section and intended for public use, except
for property subject to paragraph (4), within a reasonable period of
time after receiving title to the property to the County of Orange
or City of Irvine and all transfers pursuant to this paragraph shall
be at no cost to the city or county except for the reasonable costs
incurred by the board as a result of the transfer, management,
servicing, maintenance, and enhancement of the property, and except
for any payments required to be made to the federal government as a
result of the transfer.
(2) The board shall transfer or lease all real and personal
property received pursuant to this section and which is intended for
private use, except for uses specified in paragraph (3), within a
reasonable period of time after receiving title to the property. Any
proceeds received by the board each year as a result of the sale or
lease of the property, net of all costs incurred by the board as a
result of the sale, management, servicing, maintenance, and
enhancement of the property, and net of all payments made to the
federal government due to the property, shall be divided as agreed
upon by the city and county.
(3) The board shall transfer or lease all real or personal
property received pursuant to this section and that is intended for
public utility use within a reasonable period of time, consistent
with the orderly and economical provision of utility services to the
area of MCAS El Toro, under terms and conditions that the board may
determine.
(4) Notwithstanding any other paragraph of this subdivision, the
board may retain real or personal property received pursuant to this
section as long as both of the following occur:
(A) The board determines that retention of the property is
necessary or convenient to carrying out the authority's
responsibilities pursuant to law.
(B) The board determines that its retention of the property will
not cause significant financial hardship to the city or county.
(c) The board may mediate and resolve conflicts between local
agencies concerning the uses of federal land to be transferred for
public benefit purposes or other uses.
67743. (a) (1) The board shall identify those basewide public
capital facilities described in the MCAS El Toro Plan, including, but
not limited to, roads, freeway ramps, air transportation facilities
(as applicable), 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. Notwithstanding any other provision of law, no
permit or permission of any kind from the 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 paragraph (1) that are described in the MCAS
El Toro 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. The 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) The board may seek state and federal grants and loans or other
assistance to help fund public facilities.
(c) 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).
(d) Notwithstanding any other provision of law, the board may
create any of these financing districts within the area of MCAS El
Toro to finance basewide public facilities without the consent of the
city or county. Notwithstanding any other provision of law, neither
the city or county 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 67740.
(e) The board may levy development fees on development projects
within the area of the base. Any development fees shall comply with
Chapter 5 (commencing with Section 66000) of Division 1 of Title 5.
No member agency or other local agency shall issue any building
permit for any development within the area of MCAS El Toro 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.
67744. The board may, by ordinance, establish in the area of MCAS
El Toro a public body, corporate and politic, known as the
Redevelopment Agency of MCAS El Toro. This agency may transact
business and exercise its powers as a redevelopment agency upon the
effective date of the establishing ordinance. The Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), including, but not limited to,
Article 4 (commencing with Section 33492.70) thereof shall apply to
the Redevelopment Agency of MCAS El Toro, and this agency shall have
all powers of a redevelopment agency as provided in that part.
67745. The board may study, evaluate, and recommend cleanup of
toxic and explosive substances within the area of the base to the
federal government, including the Department of Defense, the
Environmental Protection Agency, and the Restoration Advisory Board,
and to the State of California, including the Department of Toxic
Substances Control, if it determines that doing so is in the best
interests of the communities in the MCAS El Toro area.
67746. The board shall aggressively pursue all possible federal
funding for the transfer, cleanup, and reuse of MCAS El Toro,
including funding to pay for the costs of public capital facilities
and funding to attract and encourage the development of private
businesses and public universities and other public facilities within
the area of the base. The board may also pursue and accept federal
and state funding to pay part of the expenses of operating the
authority.
67747. The board may take other action that is necessary or
convenient to ensure the rapid and successful conversion of the area
of MCAS El Toro to civilian use in a way that provides maximum
benefits to Orange County and the State of California.
67748. The applicability of any capital facilities fees imposed
under this title to public educational agencies shall be subject to
Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2
of Title 5.
CHAPTER 5. FUNDING
67750. In addition to any funds received from federal and state
agencies for the expenses of operating the authority, the board shall
receive contributions from the city and county. The city and county
shall contribute a proportionate share of the fiscal year budget for
each year starting on July 1 and terminating on June 30. The County
of Orange shall contribute five-sixths of the authority's general
fund operating expenses and the City of Irvine shall contribute
one-sixth of the authority's general fund operating expenses. For
the purposes of this section "operating expenses" means expenses
incurred but not covered by funds received from federal and state
agencies. Any public agency or other organization that is
represented on the board by an ex officio member shall not be
required to contribute financially to the authority.
67751. The board and the city and county may provide by contract
for the transfer to the board or between the city and county of
revenues available from sales tax, property tax, or other sources in
order to help finance the cost of paying for services or capital
facilities to serve or enhance the development of MCAS El Toro. The
contract or contracts may provide for the transfer of funds to the
city or county with responsibility for providing services of
facilities within the area of MCAS El Toro for a specified number of
years, and for the repayment of those funds in later years with
interest, or for repayment in the form of an equity interest in
property, sales, or other tax revenues that may be payable as a
result of development occurring within the area of MCAS El Toro. Any
such contract shall be effective only upon approval by the board and
the city and county.
67752. The board shall implement a program of local revenue
sharing between the city and county to ensure an equitable
apportionment of revenues generated from the reuse of MCAS El Toro.
CHAPTER 6. PLEDGE
67760. The State of California does hereby pledge to and agree
with the holders of any bonds issued, and with any public or private
entity with which the board has entered into a contract or an
agreement, pursuant to this title, that the state will not alter or
change the structure, organization, programs, or powers hereby vested
in the board until those bonds are fully met or discharged and until
the board has fully met or discharged its obligations pursuant to
those agreements or contracts. However, nothing in this title shall
preclude an alteration or change if, and when, adequate provision
shall have been made by law for the protection from impairment of the
contracts represented by those bonds or contracts or agreements, and
the right to so alter or change is hereby reserved. The board is
authorized to include this pledge and undertaking of the state in its
bonds and contracts or agreements.
CHAPTER 7. DISSOLUTION
67700. (a) This title shall become inoperative when the board
determines that 90 percent of the territory of MCAS El Toro that is
designated for development in the MCAS El Toro Plan has been
developed in a manner consistent with the plan, or June 30, 2020,
whichever occurs first, and on January 1, 2021, this title is
repealed.
(b) The Orange 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.
SEC. 4. The Legislature finds and declares that this act, which
establishes the El Toro Development Authority, is necessary to
address the unique and special base reuse problems in the City of
Irvine and central Orange County. Therefore, a general statute
within the meaning of Section 16 of Article IV of the California
Constitution cannot be made applicable to this situation. Enactment
of this special statute is necessary for the transfer of the real and
other property comprising the Marine Corps Air Station known as MCAS
El Toro in an expeditious manner, and for base planning,
infrastructure financing, and development in a manner that involves
entities affected by the transfer. is amended to read:
56001. (a) The Legislature finds and declares that it is the
policy of the state to encourage orderly growth and development which
are essential to the social, fiscal, and economic well-being of the
state. The Legislature recognizes that the logical formation and
determination of local agency boundaries is an important factor in
promoting orderly development. Therefore, the Legislature further
finds and declares that this policy should be effected by the logical
formation and modification of the boundaries of local agencies.
(b) The Legislature recognizes that urban population densities and
intensive residential, commercial, and industrial development
necessitate a broad spectrum and high level of community services and
controls. The Legislature also recognizes that when areas become
urbanized to the extent that they need the full range of community
services, priorities are required to be established regarding the
type and levels of services that the residents of an urban community
need and desire; that community service priorities be established by
weighing the total
community service needs against the total financial resources
available for securing community services; and that those community
service priorities are required to reflect local circumstances,
conditions, and limited financial resources. The Legislature finds
and declares that a single governmental agency, rather than several
limited purpose agencies, is in many cases better able to assess and
be accountable for community service needs and financial resources
and, therefore, is the best mechanism for establishing community
service priorities.
(c) The Legislature further finds and declares that for the
purposes of reuse planning of a closing military base, the single
government agency designated as the Local Redevelopment Authority
under federal law shall include as its members those jurisdictions
with general plan and zoning authority over any portion of the
closing military base because of jurisdictional situs and shall also
include as its members those jurisdictions that have all or a portion
of the closing military base in its sphere of influence.
SEC. 2. Section 56011 of the Government Code is amended to read:
56011. "Affected city" means any city that satisfies any of the
following conditions:
(a) It contains, or its sphere of influence contains, territory
for which a change of organization is proposed or ordered either
singularly or as part of a reorganization.
(b) It would contain the territory described in subdivision (a) as
a result of proceedings for a change of organization or
reorganization taken pursuant to this division.
(c) It contains or would contain territory within its boundary or
sphere of influence that is part of a military base designated for
closure by the Base Realignment and Closure Act, or successor
legislation.
SEC. 3. Section 56012 of the Government Code is amended to read:
56012. "Affected county" means each county which contains, or
would contain, any territory for which a change of organization or
reorganization is proposed or ordered or which contains all or any
part of a district for which a change of organization or
reorganization is proposed or ordered with respect to territory
outside that county. "Affected" county also means each county that
contains or would contain any territory that is part of a military
base designated for closure by the Base Realignment and Closure Act,
or successor legislation, that is partly within the affected county
and affected city.
SEC. 4. Section 56018.1 is added to the Government Code, to read:
56018.1. "Base Realignment and Closure Act" means the federal
statutes that govern the closure, cleanup, and reuse of military
bases designated for closure by the federal government.
SEC. 5. Section 56054.1 is added to the Government Code, to read:
56054.1. "Local Redevelopment Authority" means a local government
agency designated by the federal government to coordinate with the
Department of Defense and the affected military service branch to
plan for the civilian reuse of a closing military base.