BILL ANALYSIS                                                                                                                                                                                                    




SENATE RULES COMMITTEE                           AB 3129
Office of Senate Floor Analyses
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                       THIRD READING
                                                              
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Bill No:  AB 3129
Author:   Lee (D)
Amended:  6/13/96 in Senate
Vote:     21
                                                              
                                                             
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 SENATE HOUSING & LAND USE COMMITTEE:  7-0, 6/17/96
AYES:  Sher, Costa, Kopp, Marks, Mello, Monteith, Watson

 ASSEMBLY FLOOR:  51-24, 5/28/96 - See last page for vote
                                                              
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SUBJECT:    Redevelopment of the Alameda Naval Air Station

 SOURCE:     Alameda Reuse and Redevelopment Authority
                                                              
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DIGEST:    This bill authorizes the adoption of a  
redevelopment plan for the Alameda Naval Air Station and  
the Fleet Industrial Supply Center in the City of Alameda.

 ANALYSIS:    As local officials struggle to convert former  
military bases to civilian uses, some use their  
redevelopment powers.  When the standard Community  
Redevelopment Law doesn't fit their needs, they seek  
special legislation.  In 1993, the Legislature attempted a  
uniform response to these problems by passing a military  
base redevelopment law, (SB 915, Johnston, 1993).  No  
community has ever fully used that statute, preferring  
special bills tailored to local conditions.  Legislators  
have passed special bills for the redevelopment of seven  
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military bases:

     George AFB (AB 419, Eaves, 1989)
     Norton AFB (AB 419, Eaves, 1989)
     Castle AFB (AB 69, Cannella, 1993)
     Mather AFB (SB 915, Johnson, 1993)
     Fort Ord (SB 1600, Mello, 1994)
     March AFB (AB 3769, Weggeland, 1994)
     Mare Island (SB 1035, Thompson, 1994)

The Alameda Naval Air Station (NAS) and the Fleet  
Industrial Supply Center will close in 1997.  The City of  
Alameda wants to use its redevelopment powers to convert  
the former military facilities into a university, mixed-use  
development, light industrial uses, wildlife habitat, and  
housing.  Because the existing laws don't fit their  
situation, local officials want the Legislature to pass a  
special bill to help them redevelop Alameda NAS and the  
Fleet Industrial Supply Center.

This bill creates three special provisions for the  
redevelopment of Alameda NAS and the Fleet Industrial  
Supply Center:

I.   Project Area.  The Community Redevelopment Law requires  
local officials to determine that property fits the  
statutory definition of blight before it can go into a  
redevelopment project area.  A blighted area must be  
predominantly urbanized with a combination of conditions  
that are so prevalent and substantial that they cause a  
serious physical and economic burden which can't be helped  
without redevelopment.  A blighted area must have at least  
one of four physical conditions and at least one of five  
economic conditions.  The military base redevelopment law  
allows local officials to define blight on a closed base by  
using any combination of four physical conditions and five  
economic conditions.  The Legislature created special  
definitions of blight to help redevelop Fort Ord, March  
AFB, and Mare Island.  Alameda officials want to use a  
definition that fits their situation.

This bill allows Alameda officials to place the Alameda NAS  
and the Fleet Industrial Supply Center in a redevelopment  
project area without having to comply with the standard  
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statutory definition of blight.  However, the property must  
comply with the military base redevelopment law's  
definition of blight.  The bill prohibits the redevelopment  
project area from including territory outside the two  
former military facilities.

II.   Pass-Through Payments.  Redevelopment projects created  
after January 1, 1994 under the Community Redevelopment Law  
must share some of their property tax increment revenues  
with other local governments, including school districts,  
according to statutory formulas.  These "pass-through  
payments" start from the first year in which a project area  
receives tax increment revenues (AB 1290, Isenberg, 1993).   
The military base redevelopment law relies on the former  
system of negotiated pass-through agreements.

This bill requires Alameda officials to use the  
pass-through formulas in the standard redevelopment law.   
The bill makes it clear that these payments start from the  
first year in which the redevelopment agency receives  
property tax increment revenues.

III.   Inclusionary Housing.  The Community Redevelopment  
Law requires redevelopment officials to meet specific  
quotas for affordable housing inside project areas.  When a  
redevelopment agency develops new or substantially  
rehabilitated housing, at least 30% of the units must be  
affordable.  When someone other than a redevelopment agency  
develops new or substantially rehabilitated housing in a  
project area, at least 15% of the units must be affordable.  
 A local group, the Homeless Collaborative, may be able to  
take over some of the former base housing for homeless  
people before Alameda officials form their new project  
area.  Local officials want those dwelling units to count  
towards their obligation to provide replacement housing.

This bill classifies housing that is made available to the  
Homeless Collaborative and substantially rehabilitated as  
dwelling units that will satisfy Alameda officials'  
obligation to provide inclusionary housing.  The bill  
allows Alameda officials to count permanent or transitional  
residential units, but not student dormitory rooms or beds  
in overnight shelters.

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IV.   Transferring Territory.  When Alameda redevelopment  
officials created the "Business and Waterfront Improvement  
Project," they included some of the property controlled by  
the Fleet Industrial Supply Center.  They want to shift  
this property into the proposed redevelopment project.

This bill allows Alameda officials to transfer the Fleet  
Industrial Supply Center property from the existing project  
area into the proposed project area, provided that there  
are no fiscal effects.

Comments:

The end of the Cold War forced the Pentagon to adjust its  
military power to meet new geopolitical and budget  
realities.  Federal officials ordered 29 military bases in  
California realigned or closed, including the Alameda NAS  
and the Fleet Industrial Supply Center.  Local officials  
want to use their extraordinary redevelopment powers to  
stimulate private investment at the former helicopter base,  
returning the property to the tax rolls as soon as  
possible.  Alameda officials want legislators to customize  
the redevelopment statute to fit their situation, so they  
can convert defense spending into development investments.

This bill is one of a new generation of military base  
redevelopment bills that will rely on the reforms in AB  
2736 (Weggeland) -- currently in the Senate Rules  
Committee.  This bill will modify the requirements of the  
military base redevelopment law, as revised by the  
Weggeland bill.  The revised military base redevelopment  
law will modify the requirements of the Community  
Redevelopment Law.  For example, the Lee bill does not need  
to create a new definition of "blight" for the Alameda NAS  
because local officials can use the language in the  
Weggeland bill.  Because AB 2736 contains an urgency  
clause, this bill will "nest" within its provisions.   
Earlier this year, the Senate approved SB 1861 (Johnson)  
35-0, for the redevelopment of the Tustin MCAS.  That bill  
will also nest within the Weggeland bill's revisions.

The Homeless Collaborative may acquire some of the former  
military housing for transitional housing before Alameda  
officials create their new project area.  This bill counts  
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these housing units towards the inclusionary housing  
standard, if they are substantially rehabilitated.   
Standard redevelopment law does not permit the practice.   
The practice may be acceptable because of the Homeless  
Collaborative reputation, but this bill might set a  
precedent for other military base redevelopment projects.   
Can the Legislature distinguish between this project and  
similar requests in the future?

 FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  No    
Local:  No

 SUPPORT:   (Verified  6/18/96)

Alameda Reuse and Redevelopment Authority (source)
City of Alameda
 
ASSEMBLY FLOOR:
AYES:  Aguiar, Alpert, Archie-Hudson, Baca, Bates, Bowen,  
  Brown, Burton, Bustamante, Campbell, Cannella, Conroy,  
  Cortese, Cunneen, Davis, Ducheny, Escutia, Figueroa,  
  Firestone, Friedman, Gallegos, Goldsmith, Hannigan,  
  Harvey, Hauser, Hawkins, Isenberg, Katz, Knight, Knox,  
  Kuehl, Kuykendall, Lee, Machado, Margett, Martinez,  
  Mazzoni, McPherson, Migden, Miller, Morrissey, K. Murray,  
  W. Murray, Rainey, Speier, Sweeney, Takasugi, Tucker,  
  Vasconcellos, Villaraigosa, Weggeland
NOES:  Ackerman, Alby, Baldwin, Battin, Baugh, Boland,  
  Bordonaro, Bowler, Brewer, Brulte, Granlund, Hoge, House,  
  Kaloogian, Knowles, Morrow, Olberg, Poochigian, Richter,  
  Rogan, Setencich, Thompson, Woods, Pringle
NOT VOTING:  Caldera, Frusetta, Napolitano
 
NC:sl  6/19/96  Senate Floor Analyses
              SUPPORT/OPPOSITION:  SEE ABOVE
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