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.