SECTIONS 8180-8194 - California Statutes

GOVERNMENT CODE

SECTION 8180-8194

8180. The following terms, used in this article, shall have the
following meanings:
(a) "Project area" includes both of the following:
(1) The area within the City of Sacramento which is bounded on the
north by "L" Street, on the south by "R" Street, excepting that
portion lying between 11th and 12th Streets which southern boundary
shall be the alley lying between "R" and "S" Streets, on the west by
7th Street, and on the east by 17th Street, excepting any portion of
that area which is within the boundaries of a redevelopment project
area adopted prior to April 1, 1979, by the City of Sacramento
pursuant to the Community Redevelopment Law.
The streets bounding the project area are included therein, and
this does not constitute a change in, but is declaratory of the
existing law.
Pursuant to an agreement between the authority and the City of
Sacramento, the boundaries of the project area established by this
section may be amended by a resolution adopted by the authority to
include all or any portion of the blocks bounded on the west by 5th
Street, on the north by "N" Street, on the east by 7th Street, and on
the south by "P" Street, upon the effective date of an ordinance
adopted by the City of Sacramento amending the boundaries of the city'
s redevelopment project area to detach all or any portion of those
blocks from the city's redevelopment project area for the purpose of
including that area within the project area established by this
section. For the purposes of paragraph (1) of subdivision (b) of
Section 8183, the assessed value of the property detached from the
city's redevelopment project area and included within the project
area established by this section shall be that portion of the
assessed value of that property upon which taxes were allocated to
the taxing agencies immediately prior to the effective date of the
resolution and shall exclude that portion of the assessed value of
that property upon which taxes were allocated to the city's
redevelopment agency.
In the event that the project area is not amended as described in
this section, the city's redevelopment agency may satisfy any
replacement housing obligations that result from the development of
any portion of the blocks bounded on the west by 5th Street, on the
north by "N" Street, on the east by 7th Street, and on the south by
"P" Street within that portion of the project area agreed to by the
authority and the City of Sacramento.
(2) The area within the City of Sacramento which is bounded on the
north by "Q" Street, on the south by "S" Street, on the west by 17th
Street, and on the east by the westerly edge of the current
right-of-way for the rail lines running north and south between 19th
and 20th Streets, and which is bounded on the north by "R" Street,
excepting that portion lying between 11th and 12th Streets which
northern boundary shall be the alley lying between "R" and "S"
Streets, on the south by "S" Street, on the west by 10th Street, and
on the east by 17th Street, inclusive of the streets therein, which
portion of the project area is commonly known as the "R Street Area."
(b) "Redevelopment plan" means the Capitol Area Plan approved by
the Director of General Services on March 15, 1977, and referred to
in Section 8160, and the plan prepared pursuant to Section 8182.5,
together with documents adopted pursuant to Section 8183.
(c) "Authority" means the Capitol Area Development Authority
created by the joint powers agreement executed pursuant to Section
8169.4 by the Director of General Services of the State of California
and the Mayor of the City of Sacramento on July 1, 1978.

8181. The Legislature finds and declares that:
(a) The project area is blighted and in need of redevelopment in
the interest of the health and safety and general welfare of the
people of the City of Sacramento and the State of California.
(b) The authority is the appropriate entity to direct the
redevelopment of the project area.
(c) The redevelopment plan provides an appropriate plan for the
redevelopment of the project area.

8182. The authority shall have those powers of a redevelopment
agency created by Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code, which the authority, by resolution,
from time to time deems appropriate, and such powers shall be deemed
to be powers common to the Department of General Services and the
City of Sacramento. Additionally, the authority shall be deemed a
housing authority for purposes of eligibility for participation in
state programs and receipt of state grants, loans, or other funding
for which a housing authority is eligible; this does not constitute a
change in, but is declaratory of, the existing law.

8182.5. The authority shall, in cooperation with the City of
Sacramento, prepare an appropriate plan for the development and
redevelopment of that portion of the project area set forth in
paragraph (2) of subdivision (a) of Section 8180 (the R Street Area),
that furthers the purposes and objectives set forth in the Capitol
Area Plan. The plan shall be approved after published notice and at
least one public hearing by the authority.

8183. (a) The authority may, by resolution, adopt documents
necessary or convenient to the exercise of its powers and may
designate that any document shall be incorporated into the
redevelopment plan.
(b) Documents adopted pursuant to subdivision (a) may include a
requirement that taxes, including possessory interest taxes, levied
upon taxable property within the project area after the effective
date of the resolution adopting the document or documents be divided
as follows:
(1) The portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of the taxing
agencies upon the total sum of the assessed value of the taxable
property in the project area as shown upon the assessment roll used
in connection with the taxation of the property by the taxing agency,
last equalized prior to the effective date of the resolution, shall
be allocated to, and when collected shall be paid into, the funds of
the respective taxing agencies, as taxes by or for said taxing
agencies on all other property are paid (for the purpose of
allocating taxes levied by or for any taxing agency or agencies which
did not include the territory in the project area on the effective
date of the resolution but to which the territory has been annexed or
otherwise included after the effective date, the assessment roll of
the county last equalized on the effective date of said resolution
shall be used in determining the assessed valuation of the taxable
property in the project area on said effective dates).
(2) The portion of said levied taxes each year in excess of that
amount shall be allocated to, and when collected shall be paid into,
a special fund of the authority to pay the principal of and interest
on loans, moneys advanced to, or indebtedness (whether funded,
refunded, assumed or otherwise) incurred by the authority to finance
or refinance, in whole or in part, the redevelopment of the project
area. Unless and until the total assessed valuation of the taxable
property in the project exceeds the total assessed value of the
taxable property in the project area as shown by the last equalized
assessment roll referred to in paragraph (1), all of the taxes levied
and collected upon the taxable property in the project area shall be
paid into the funds of the respective taxing agencies. When these
loans, advances, and indebtedness, if any, and interest thereon have
been paid, then all moneys thereafter received from taxes upon the
taxable property in the project area shall be paid into the funds of
the respective taxing agencies as taxes on all other property are
paid.
(3) For the purpose of allocating taxes pursuant to the document
prepared pursuant to this section, the base year shall remain fiscal
year 1979-80. Commencing with the fiscal year 1982-83, the 1979-80
base year roll shall be adjusted to reflect the revised project area
as set forth in subdivision (a) of Section 8180.
(4) For the purposes of the document prepared pursuant to this
section for the portion of the project area set forth in paragraph
(2) of subdivision (a) of Section 8180 (the R Street Area), the base
year shall be the 2001-02 fiscal year. Commencing with the 2002-03
fiscal year, the 2001-02 base year roll shall be adjusted to reflect
the project area set forth in paragraph (2) of subdivision (a) of
Section 8180.
(5) The authority shall separately account for the receipt and
expenditures of the allocation of taxes and rents from state-owned
and leased property derived from that portion of the project area
described in paragraph (2) of subdivision (a) of Section 8180 (the R
Street Area).
(6) The authority may not expend or otherwise use the allocation
of taxes and rents from state-owned and leased property received from
any other portion of the project area outside of that portion of the
project area described in paragraph (2) of subdivision (a) of
Section 8180 (the R Street Area), within the R Street Area unless
otherwise approved in writing between the authority and the Director
of General Services.
(c) In the proceedings for the advance of moneys, or making of
loans, or the incurring of any indebtedness (whether funded,
refunded, assumed or otherwise) by the authority to finance or
refinance, in whole or in part, the redevelopment project, the
portion of taxes mentioned in paragraph (2) of subdivision (b) may be
irrevocably pledged for the payment of the principal of and interest
on said loans, advances, or indebtedness.
(d) Any documents designated to be incorporated into the
redevelopment plan may be adopted at any regular or special meeting
of the authority. Notice of the authority's intent to adopt the
document shall be stated in the agenda prepared in connection with
the meeting at which the document is adopted, which agenda shall be
made available to the public in the manner specified in Section
54956. No other notice shall be required in connection with the
adoption of these documents.

8184. For the purpose of allocating taxes pursuant to Section 8183,
state subvention payments made with respect to property within the
project area are deemed to be taxes levied upon such property.

8185. For the purpose of exercising powers of a redevelopment
agency, the jurisdiction of the authority shall be the "metropolitan
area" as defined in subdivision (a) of Section 8160.1.

8186. The City of Sacramento shall not adopt a plan containing the
provisions of Section 33670 of the Health and Safety Code with
respect to any portion of the project area.

8187. No action attacking or otherwise questioning the validity of
any redevelopment plan or any adoption or incorporation of any
document into the redevelopment plan as provided in subdivision (a)
of Section 8183, or any findings or determinations of the authority
in connection with such plan shall be brought prior to the adoption
of the redevelopment plan nor at any time after the elapse of 60 days
from the date of adoption of the resolution adopting the plan or any
document.
An action may be brought pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to
determine the validity of bonds and the redevelopment plan to be
financed or refinanced, in whole or in part, by the bonds, or to
determine the validity of a redevelopment plan not financed by bonds,
including, but not limited to, the validity of any document adopted
or incorporated into the redevelopment plan, or the legality and
validity of all proceedings taken and (as provided in the bond
resolution) proposed to be taken for the authorization, issuance,
sale, and delivery of the bonds and for the payment of the principal
thereof and interest thereon.

8188. The judgment shall determine the validity or invalidity
respectively of the matters specified in Section 8187. The judgment
shall be subject to being reopened under Section 473 or 473.5 of the
Code of Civil Procedure, or otherwise only within 90 days after the
entry of the judgment, and the petitioner and any person who has
appeared in the special proceeding may move for a new trial under
proper circumstances and upon appropriate grounds and may appeal from
the judgment.

8189. The judgment, if no appeal is taken, or if taken and the
judgment is affirmed, shall be forever binding and conclusive, as to
all matters therein adjudicated or which at that time could have been
adjudicated, against the authority and against all other parties,
and if the judgment determines that the redevelopment plan is valid
and effective, the authority is authorized to issue such bonds and
such bonds when issued shall be valid, the judgment shall permanently
enjoin the institution by any person of any action or proceeding
raising any issue to which the judgment is binding and conclusive.

8190. Whenever property in the project area has been redeveloped
and thereafter is leased for a term not less than 10 years,
notwithstanding mutual rights of termination, by the authority to any
person or persons or whenever the authority leases real property to
any person or persons for redevelopment, for a term not less than 10
years notwithstanding mutual rights of termination, the property
shall be assessed and taxed in the same manner as privately owned
property, and the lease or contract shall provide that the lessee
shall pay taxes upon the assessed value of the entire property and
not merely the assessed value of his or its leasehold interest.

8191. (a) Except with respect to taxes allocated to the authority
pursuant to subdivision (b) of Section 8183 which are used by the
authority to make payments with respect to the installation of street
lights and sidewalks within the project area, not less than 20
percent of those taxes shall be used by the authority for the purpose
of increasing and improving, within the jurisdiction of the
authority, the supply of housing for persons of low income as defined
in Section 50093 of the Health and Safety Code and for persons and
families of moderate income as defined in Section 50093 of the Health
and Safety Code.
(b) (1) With respect to taxes allocated to the authority pursuant
to subdivision (b) of Section 8183 from that portion of the project
area described in paragraph (2) of subdivision (a) of Section 8180
(the R Street Area), not less than 20 percent of those taxes from the
R Street Area shall be used by the authority for the purpose of
increasing and improving, within the jurisdiction of the authority
within the R Street Area, the supply of housing for persons of low
income, as defined in Section 50093 of the Health and Safety Code,
and for persons and families of moderate income, as defined in
Section 50093 of the Health and Safety Code.
(2) Over the duration of the portion of the project area described
in paragraph (2) of subdivision (a) of Section 8180 (the R Street
Area), the authority shall expend the funds set aside pursuant to
this subdivision in proportion to the need for housing for very low
income households, persons of low income, and persons and families of
moderate income, as determined for the City of Sacramento pursuant
to Section 65584 of the Government Code. In no event, however, shall
less than 33 percent of these funds be expended to assist housing for
very low income households nor less than 33 percent be expended to
assist housing for persons of low income. The term "very low income
households" shall have the meaning set forth in Section 50093 of the
Health and Safety Code.
(3) Newly constructed rental housing financed in whole or in part
with the funds set aside pursuant to this subdivision shall remain
affordable to, and occupied by, very low income households, persons
of low income, and persons and families of moderate income for not
less than 55 years.

8192. The lessee of any property leased from the authority for
residential purposes for a term of five years or less shall receive a
credit against future rental payments, or a refund if he is no
longer leasing the property, upon submission to the authority that he
has paid the taxes imposed on him for his possessory interest in the
property. The amount of the credit or refund shall be the amount of
the tax actually paid.

8193. (a) During the period commencing on July 1, 1982, and ending
when 600 newly constructed dwelling units have been completed and
initially occupied, the authority shall have currently occupied or
make available at affordable rents to low-income households at least
25 percent of the existing dwelling units.
(b) Beginning when 600 newly constructed dwelling units have been
completed and initially occupied, the authority shall have currently
occupied or make available at affordable rents to low-income
households at least 25 percent of the total number of dwelling units
located on property leased by the authority from the department.
(c) The number of dwelling units which are required to be made
available in the manner specified in subdivisions (a) and (b) shall
be increased or decreased to reflect increases or decreases in the
number of the units which are leased by the authority from the
department.
(d) The term "existing dwelling units," as used in this section,
means residential units located on property which was leased by the
authority from the department on July 1, 1979.
(e) The term "newly constructed dwelling units," as used in this
section, means residential units located on property which is first
leased by the authority from the department after July 1, 1979.
(f) The term "affordable rents," as used in this section, means
rents (including utility allowances established by the authority) not
exceeding those allowed under the United States Department of
Housing and Urban Development Section 8 Housing Assistance Payments
Program (42 U.S.C. Sec. 1437f) or its successor.
(g) The term "low-income households," as used in this section,
means persons and families whose income does not exceed 80 percent of
the median income of the Sacramento County Standard Metropolitan
Statistical Area as adjusted by the United States Department of
Housing and Urban Development.
(h) During the period commencing on January 1, 1980, and ending
when 800 newly constructed dwelling units have been completed and
occupied, the authority shall establish a schedule of rents designed
to make available to low-income households not less than 400 units at
as close to affordable rents as the authority deems practicable in
light of its budgetary needs regarding its duties and obligations.
The schedule shall be designed to impose market rate rents for
remaining units leased by the authority from the department.
(i) During period set forth in subdivision (h), rents for the 400
units referred to in subdivision (h) shall only be increased by an
amount the authority determines is equal to the increase in the cost
of operation and maintenance (including overhead) of the units. The
foregoing determination shall be based on evidence presented at a
regular or special meeting of the authority's governing body.
(j) During the period commencing on January 1, 1980, and ending
when 600 newly constructed dwelling units have been completed and
occupied, the provisions of subdivision (b) shall be a goal of the
authority, which the authority shall pursue, giving due consideration
to the provisions of the redevelopment plans and other duties and
obligations of the authority. To this end, the authority shall
utilize to the extent it deems appropriate:
(1) Tax exempt financing for the construction of residential
dwelling units, and
(2) Federal and state programs for the subsidization of low-income
households.
(k) On or before November 1, 1980, and annually thereafter, the
authority shall make public a status report regarding the authority's
progress in achieving the housing production goals set forth in
subdivisions (a) and (b). The status report shall (1) set forth the
degree to which the authority has achieved this goal, and (2) specify
programs the authority intends to pursue to achieve this goal.
(1) At the time the authority leases property for newly
constructed dwelling units, it shall enter into a written lease with
the developer of the units, designating the number of the units, if
any, to be made available on a priority basis within that development
to low-income households. If the number of units occupied by
low-income households in the development ever falls below the
designated number, then units which become available for occupancy
shall, subject to available subsidies, be made available on a
priority basis to low-income households until the number of units so
occupied equals at least the number specified in the agreement. The
authority may from time to time review agreements designating these
units and, subject to agreement with the developer or his or her
successors, may increase the number of units to be made available to
low-income households. For the purpose of determining whether the
authority is satisfying subdivision (b), units designated pursuant to
this agreement shall be conclusively presumed to be available to
low-income households at affordable rent. This presumption shall not
apply in an action to enforce any provision of any lease or other
agreement between the authority and the developer of newly
constructed units. The authority shall monitor and enforce the
provisions of this subdivision.

8193.1. (a) Whenever dwelling units located within that portion of
the project area described in paragraph (2) of subdivision (a) of
Section 8180 (the R Street Area) and housing of persons and families
of low or moderate income are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the authority or where
financial assistance has been provided by the authority, the
authority shall, within four years of the destruction or removal,
rehabilitate, develop, or construct, or cause to be rehabilitated,
developed, or constructed, for rental or sale to persons and families
of low or moderate income, an equal number of replacement dwelling
units that have an equal or greater number of bedrooms as those
destroyed or removed units at affordable housing costs within the R
Street Area. One hundred percent of the replacement dwelling units
shall be available at affordable housing cost to persons in the same
or a lower income category (low, very low, or moderate) as the
persons displaced from those destroyed or removed units.
(b) (1) Prior to the time limit on the authority's activities
established pursuant to Section 8194, at least 30 percent of all new
and substantially rehabilitated dwelling units developed by the
authority within the R Street Area shall be available at affordable
housing cost to persons and families of low or moderate income and
shall be occupied by those persons and families. Not less than 50
percent of the dwelling units required to be available at affordable
housing cost to persons and families of low or moderate income shall
be available at affordable housing cost to, and occupied by, very low
income households.
(2) (A) (i) Prior to the time limit on the authority's activities
established pursuant to Section 8194, at least 15 percent of all new
and substantially rehabilitated dwelling units developed within the R
Street Area by public or private entities or persons other than the
authority shall be available at affordable housing cost to persons
and families of low or moderate income and shall be occupied by those
persons and families. Not less than 40 percent of the dwelling units
required to be available at affordable housing cost to persons and
families of low or moderate income shall be available at affordable
housing cost to very low income households and shall be occupied by
those persons and families.
(ii) To satisfy this paragraph, in whole or in part, the authority
may cause, by regulation or agreement, to be available, at
affordable housing costs, to persons and families of low or moderate
income or to very low income households, as applicable, two units
outside the R Street Area for each unit that otherwise would have
been required to be available inside the R Street Area.
(iii) As used in this subdivision, "substantially rehabilitated
dwelling units" means substantially rehabilitated, with authority
assistance, multifamily rented dwelling units with three or more
units, or substantially rehabilitated, with authority assistance,
single-family dwelling units with one or two units.
(iv) As used in this subdivision, "substantial rehabilitation"
means rehabilitation, the value of which constitutes 25 percent of
the after-rehabilitation value of the dwelling, inclusive of the land
value.
(B) To satisfy the requirements of this subdivision, the authority
may purchase, or otherwise acquire or cause by regulation or
agreement the purchase or other acquisition of, long-term
affordability covenants on multifamily units that restrict the cost
of renting or purchasing those units that meet either of the
following criteria:
(i) The units are not presently available at affordable housing
cost to persons and families of low or very low income.
(ii) The units are presently available at affordable housing cost
to these persons and families of low or very low income, but are
units that the authority finds, based upon substantial evidence,
after a public hearing, cannot reasonably be expected to remain
affordable to this same group of persons or families.
(3) To satisfy the requirements of this subdivision, newly
constructed rental dwelling units shall remain affordable to, and
occupied by, persons and families of low or moderate income for not
less than 55 years.

8193.2. The requirements of Section 8193.1 shall apply solely to
the portion of the project area described in paragraph (2) of
subdivision (a) of Section 8180 (the R Street Area). The requirements
of Section 8193 shall apply solely to the balance of the project
area, exclusive of the R Street Area.

8194. The authority shall establish the following time limits for
that portion of the project area described in paragraph (2) of
subdivision (a) of Section 8180 (the R Street Area):
(a) A time limit on establishing or incurring loans, advances, and
indebtedness to be paid for with proceeds of property taxes received
pursuant to Section 8183, which limit may not exceed December 31,
2022. However, this limit may be extended by the authority for 10
additional years if the authority finds, based upon substantial
evidence, both of the following:
(1) Significant blight remains within the R Street Area.
(2) This blight cannot be eliminated without the establishment of
additional debt.
This limit shall not prevent the authority from incurring debt, to
be paid from that portion of the set-aside collected pursuant to
Section 8191 from properties within the R Street Area, in order to
either fulfill the authority's obligations pursuant to Section
8193.1, or to refinance, refund, or restructure an indebtedness after
the time limits if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not exceed the
date on which the indebtedness would have been paid. The loans,
advances, or indebtedness may be repaid over a period of time longer
than these time limits.
(b) A time limit on authority activities within the R Street Area,
which limit may not exceed December 31, 2032. However, the authority
may pay previously incurred indebtedness and enforce existing
covenants, contracts, and other obligations. This time limit shall
not prevent the authority from fulfilling the authority's obligations
pursuant to Section 8193.1.
(c) A time limit on receipt of property taxes pursuant to Section
8183 from properties within the R Street Area, which limit may not
exceed December 31, 2047. However, this limit shall not be construed
to affect the validity or payment of any bond, loans, advances,
indebtedness or other obligation, or the right to receive taxes
pursuant to Section 8183 to pay the loans, advances, indebtedness or
other obligation to repay bonds, loans, advances, and indebtedness
within those 45 years.
(d) A time limit on the commencement of eminent domain proceedings
to acquire property within the R Street Area, which limit may not
exceed December 31, 2014, unless expressly extended by formal action
of the authority. However, in no case shall the limit be extended
beyond the time limit set in subdivision (b).