33445.1
. (a) Notwithstanding Section 33440, an agency may, with the
consent of the legislative body, pay all or a part of the value of
the land for and the cost of the installation and construction of any
building, facility, structure, or other improvement that is publicly
owned and is located outside and not contiguous to the project area,
but is located within the community, if the legislative body finds,
based on substantial evidence in the record, all of the following:
(1) The acquisition of the land or the installation or
construction of the buildings, facilities, structures, or other
improvements that are publicly owned are of primary benefit to the
project area.
(2) The acquisition of the land or the installation or
construction of the buildings, facilities, structures, or other
improvements that are publicly owned benefits the project area by
helping to eliminate blight within the project area, or will directly
assist in the provision of housing for low- or moderate-income
persons.
(3) No other reasonable means of financing the acquisition of the
land or the installation or construction of the buildings,
facilities, structures, or other improvements that are publicly
owned, are available to the community, including, but not limited to,
general obligation bonds, revenue bonds, special assessment bonds,
or bonds issued 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 of the Government Code). In determining whether
other means of financing are feasible, the legislative body may take
into account any relevant factors, including, but not limited to:
(A) Legal factors, such as the eligibility of the improvements for
funding under the governing statutes.
(B) Economic factors, such as prevailing interest rates and market
conditions.
(C) Political factors, such as the priority of commitments of
other public funding sources, the ability or willingness of property
owners or taxpayers to bear the cost of any special assessments,
taxes, or other charges, and the likelihood of obtaining voter
approval, if required.
(4) The payment of funds for the acquisition of land or the cost
of buildings, facilities, structures, or other improvements that are
publicly owned is consistent with the implementation plan adopted
pursuant to Section 33490.
(5) The acquisition of land and the installation of each building,
facility, structure, or improvement that is publicly owned is
provided for in the redevelopment plan.
(b) An agency shall not pay for the normal maintenance or
operations of buildings, facilities, structures, or other
improvements that are publicly owned. Normal maintenance or
operations do not include the construction, expansion, addition to,
or reconstruction of, buildings, facilities, structures, or other
improvements that are publicly owned otherwise undertaken pursuant to
this section.
(c) An action to challenge the findings required by this section
shall be filed and served within 60 days after the date of the
resolution containing the findings.
(d) The provisions of this section shall not apply and the
provisions of Section 33445 shall apply if the financing,
construction, or installation of the land, buildings, facilities,
structures, or other improvements is an obligation of the agency
under a contract existing on December 31, 2009, specifically
described in the implementation plan prepared by the agency as of
July 1, 2009, pursuant to Section 33490, or specifically provided for
in the redevelopment plan as of December 31, 2009.