ONN – City Of Oakland Using A’s Howard Terminal Ballpark As Basis For Powerful Redevelopment District
SB 293, Skinner. Infrastructure financing districts: formation: issuance of bonds: City of Oakland.
Existing law authorizes a legislative body of a city or county to designate one or more infrastructure financing districts, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, to finance specified public capital facilities of communitywide significance. Existing law specifies procedures for the preparation and adoption of an infrastructure financing plan and the issuance of bonds by a district, including requiring that the issuance of bonds be approved by 2/3 of the voters residing within the boundaries of the district voting on the proposition. Existing law authorizes the inclusion of a provision for the division of taxes in an infrastructure financing plan. Existing law establishes certain alternative procedures for the formation and financing activities of a waterfront district, as defined, in the City and County of San Francisco.
This bill would establish alternative procedures for the formation of an infrastructure financing district by the City of Oakland under these provisions. The bill would require the City Council of the City of Oakland to initiate proceedings for the formation of the district by adoption of a resolution of intention to establish the district that, among other things, directs the preparation of an infrastructure financing plan. The bill would require the infrastructure financing plan to include a provision for the division of taxes, but would prohibit the division of taxes with respect to nonconsenting affected taxing agencies and specified local educational agencies. The bill would require a district board, composed of specified members, to hold 3 noticed public hearings on the infrastructure financing plan and to conduct a protest proceeding, as provided. The bill would authorize the establishment of the district if fewer than 25% of the combined number of landowners and residents in the area file a protest to the infrastructure financing plan, or if between 25% and 50% of those landowners file such a protest and the infrastructure financing plan is submitted to the voters and approved. The bill would require the district board to provide an annual report to each landowner, resident, and affected taxing entity that participates in the plan, as provided. The bill would also authorize the district board to approve and issue bonds for the district by adopting a resolution that contains specified information. The bill would authorize a district formed under these provisions to finance specified facilities and projects.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Oakland.
(d) (1) A district may finance the design, purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer, as described in this chapter. The facilities need not be physically located within the boundaries of the district. However, any facilities financed outside a district shall have a tangible connection to the work of the district, as detailed in the infrastructure financing plan adopted in accordance with subdivision (e). Subdivision (b) of Section 53395.3 shall not apply to the district, but the district shall only finance public facilities of communitywide significance that provide significant benefits to the district or the surrounding community.
(2) A district shall not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind.
(3) In addition to any other project authorized by this chapter, a district formed pursuant to this section may finance any of the following:
(A) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities.
(B) Sewage treatment and water reclamation plants and interceptor pipes.
(C) Facilities for the collection and treatment of water for urban uses.
(D) Flood control levees and dams, retention basins, and drainage channels.
(E) Childcare facilities.
(G) Parks, recreational facilities, and open space.
(H) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles.
(I) Brownfield restoration and other environmental mitigation.
(J) The development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable.
(K) The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district.
(L) The acquisition, construction, or rehabilitation of housing, whether publicly or privately owned, for very low income households and persons and families of low or moderate income, as those terms are defined in Sections 50105 and 50093, respectively, of the Health and Safety Code, for rent or purchase.
(M) Acquisition, construction, or repair of industrial structures for private use.
(N) Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are located within a transit priority project area. For purposes of this paragraph, “transit priority project area” includes a military base reuse plan that meets the definition of a transit priority project area or a contaminated site within a transit priority project area.
(O) If the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets, projects that implement a sustainable communities strategy.
(P) Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vectorborne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought.
(Q) Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code.
(R) The acquisition, construction, or improvement of broadband internet access service, as defined in Section 53167. Notwithstanding any other law, a district that acquires, constructs, or improves broadband internet access service may transfer the management and control of those facilities to a local agency that is authorized to provide broadband internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1.
(S) Remediation of hazardous materials in, on, under, or around any real or tangible property.
(T) Seismic and life safety improvements to existing buildings.
(U) Rehabilitation, restoration, and preservation of structures, buildings, or other facilities having special historical, architectural, or aesthetic interest or value and that are listed on the National Register of Historic Places, are eligible for listing on the National Register of Historic Places individually or because of their location within an eligible registered historic district, or are listed on a state or local register of historic landmarks.
(V) Structural repairs and improvements to piers, seawalls, and wharves, and installation of piles.
(W) Removal of bay fill.
(X) Stormwater management facilities, other utility infrastructure, or public open-space improvements.
(Y) Other repairs and improvements to public facilities.
(Z) Planning and design work that is directly related to any public facilities authorized to be financed by a district.
(AA) Reimbursement payments made to the California Infrastructure and Economic Development Bank in accordance with paragraph (5) of subdivision (e) of Section 53395.81.
(BB) Improvements, which may be publicly owned, to protect against potential sea level rise.
(CC) Fire stations.
(e) Notwithstanding Sections 53395.10 to 53395.25, inclusive, the district board may adopt or amend one or more infrastructure financing plans for the district according to the procedures in this section. The district shall include only those areas, which may be noncontiguous, that the district board finds are necessary to achieve the goals of the district, as identified in the resolution of intention adopted pursuant to this section. Any district may be divided into project areas, each of which may be subject to distinct limitations established under this section. The district board may, at any time, add territory to the district or amend the infrastructure financing plan for the district in accordance with the same procedures for the formation of the district and adoption of the infrastructure financing plan pursuant to this section.
Got that? It’s a lot of power. It’s Redevelopment Power.
Now, considering that Howard Terminal is in the middle of a redevelopment zone that can produce over $1 billion in tax increment financing revenue, it’s not hard to see how the money could be spent.
This is not a complaint, but it’s something you should know. Learn the project: how you react is up to you.
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