33492.71
. (a) This section shall apply to each redevelopment
project area created pursuant to this article with a redevelopment
plan that contains the provisions required by Section 33670. All
amounts calculated pursuant to this section shall be calculated after
the amount required to be deposited in the Low and Moderate Income
Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.6, and
33492.76, and the amounts required to be paid by school and community
college districts pursuant to Section 33492.78 have been deducted
from the local tax increment funds received by the agency in the
applicable fiscal year.
(b) The payments made pursuant to this section shall be in
addition to any amounts the affected taxing entities receive pursuant
to subdivision (a) of Section 33670. The agency shall reduce its
payments pursuant to this section to the authority or an affected
taxing entity by any amount the agency has paid, directly or
indirectly, pursuant to Section 33445 and with the agreement of the
authority or the affected taxing entity, or pursuant to any other
provision of law other than this section for, or in connection with a
public facility owned or leased by the authority or that affected
taxing entity and with the agreement of the authority or that
affected taxing entity.
(c) Commencing in the first fiscal year in which a redevelopment
agency receives tax-increment revenue from a project area created
pursuant to this article, the agency shall pay the following amounts
to the following entities, and the agency shall not be obligated to
pay any additional sums to any taxing entities pursuant to Section
33607.5 and subdivision (b) of Section 33676:
(1) (A) Thirty-five percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to the authority to finance
in whole or in part, its responsibilities in providing for the reuse
of Fort Ord.
(B) Thirty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6 of, as modified by Section 33492.76, has been deducted
each fiscal year shall be paid to or retained by the redevelopment
agency of the city or county in which the project area is located, to
finance, in whole or in part, its responsibilities in providing for
the reuse of Fort Ord.
(C) Of the amount referenced in subparagraph (B), each city may
elect to receive from its agency, and the agency shall pay, an amount
not to exceed 25 percent of the tax-increment revenue generated from
a project area established pursuant to this article, to alleviate
the financial burden and detriment incurred as a result of the
adoption of the redevelopment plan in each year until the sixth
fiscal year after the year in which the agency is first allocated one
hundred thousand dollars ($100,000) or more in tax-increment
revenues.
(D) Upon dissolution of the authority, the amount allocated
pursuant to this section shall continue to be paid to the accounts of
the authority insofar as needed to pay principal and interest or
other amounts on debt that was incurred by the authority. Funds that
would be allocated pursuant to this section that exceed the amounts
necessary to pay debt service on authority debt shall be divided as
follows: 54 percent shall be allocated to the city or county
redevelopment agency that establishes the project area; 38 percent
shall be allocated to the county; and 8 percent shall be allocated to
other affected taxing entities.
(2) Twenty-five percent of the tax-increment revenue received by
the agency after the amount required to be deposited in the Low and
Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3,
and 33334.6, as modified by Section 33492.76, has been deducted each
fiscal year shall be paid to the county to alleviate the financial
burden and detriment to the county incurred because of the
establishment of the project area.
(3) Not to exceed 5 percent of the tax-increment revenue received
by the agency after the amount required to be deposited in the Low
and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, and 33334.6, as modified by Section 33492.76, has been
deducted each fiscal year shall be paid to other affected taxing
entities as defined in Section 33492.27, but excluding the entities
specified in paragraphs (1) and (2), and excluding school and
community college districts, in order to alleviate the financial
burden and detriment incurred by those affected taxing entities
because of the establishment of the project area. If the total
payments made pursuant to this paragraph are less than 5 percent of
the tax increment revenue received by the agency pursuant to this
article, the remaining portion of the revenue available as a result
of this paragraph shall be allocated as follows: 37 percent to the
agency, 37 percent to the authority, and 26 percent to the county.
(d) Notwithstanding subdivision (c), through and including the
second fiscal year after the certification date established pursuant
to Section 33492.9, the amount of tax increment revenue the
redevelopment agencies of the Cities of Marina and Seaside or the
County of Monterey are required to pay to other entities as
prescribed in paragraph (1) shall be modified as follows:
(1) For each of those fiscal years, the board shall determine an
amount equal to 100 percent of the revenue payable to the city or
county establishing the project area from all ad valorem property
taxes, including allocations of property tax increment revenues
pursuant to subdivision (c), sales taxes, utility users taxes,
business license taxes, real property transfer taxes, franchise
taxes, transient occupancy taxes, and payments received as a result
of vehicle and trailer coach registration, and cigarette and gasoline
taxes except for payments received as a result of vehicle
registrations because of military personnel occupying Fort Ord,
attributable to the property, population, and economic activity that
is within the jurisdiction of each local entity that has established
a redevelopment project area pursuant to this subdivision and is also
within the area of Fort Ord.
(2) If the amount determined pursuant to paragraph (1) for a
fiscal year is less than four hundred thousand dollars ($400,000),
the redevelopment agency of the local entity that established the
project area shall retain tax-increment revenue received because of
the project area so that the sum of the retained tax-increment
revenue, exclusive of required deposits to the Low and Moderate
Income Housing Fund and the amount of revenue determined pursuant to
paragraph (1), equals four hundred thousand dollars ($400,000), but
in no event exceeding 100 percent of the tax-increment revenue
received for the project area for that fiscal year. Any tax-increment
revenue received by the redevelopment agency that established the
project area which exceeds the amount necessary to bring the total of
the amount calculated pursuant to paragraph (1), plus the tax
increment retained by the agency pursuant to this subdivision to four
hundred thousand dollars ($400,000) shall be distributed pursuant to
subdivision (c).
(e) The board may increase or decrease the qualified minimum level
of increment funding set in paragraph (2) of subdivision (d) above
four hundred thousand dollars ($400,000), if the board determines,
based on substantial evidence, that the costs of providing police and
fire protection services to the area of Fort Ord within the local
agency's redevelopment agency's project area exceed or are less than
this amount. In the event that any city which does not now have
jurisdiction over territory within the area of Fort Ord subsequently
annexes territory within the area of Fort Ord, the board may provide
for a qualified minimum level of increment funding at a level that it
determines, based on substantial evidence as to the cost of
providing police and fire protection services to the area of Fort Ord
within the local agency's redevelopment agency's project area is
appropriate for a period not to exceed three years, but is under no
obligation to do so.
(f) Because this article provides for an allocation of
tax-increment revenue arising from the redevelopment of the area of
Fort Ord among the affected taxing entities for the purpose of
alleviating any financial burden or detriment that is caused by the
redevelopment plan, the consultations with the affected taxing
entities shall not include the payment of supplemental moneys, but
may only include the discussion of possible modifications in the
redevelopment plan, including, but not limited to, the timing of
projects, selection of projects, scope of projects, and the type of
financing that is being considered for the projects.
(g) (1) All moneys received by the authority from a redevelopment
agency shall be deposited in a separate fund from all other moneys of
the authority.
(2) The authority shall annually report on the total amount of
moneys deposited into the fund during the year; the specific project
and programs which were financed with the moneys, including amounts
expended per project and program; and the beginning and ending
balance of the fund.
(3) The moneys in the fund shall be exclusively expended for the
purpose of financing the development and redevelopment of basewide
facilities as identified in the basewide public capital facilities
plan adopted pursuant to Section 67675 of the Government Code.
(4) The authority shall have an independent financial audit
annually prepared on the fund in accordance with generally accepted
auditing standards and rules of governing auditing reports
promulgated by the California Board of Accountancy.
(h) Notwithstanding any other provision of law, no tax increment
moneys, including moneys paid from a redevelopment agency to Fort Ord
Reuse Authority or any affected taxing entity, shall finance the
development or redevelopment of buildings owned or operated by the
California State University or the University of California.