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HEALTH AND SAFETY CODE
SECTION 33080-33080.8


33080. (a) Every redevelopment agency shall file with the
Controller within six months of the end of the agency's fiscal year a
copy of the report required by Section 33080.1. In addition, each
redevelopment agency shall file with the department a copy of the
audit report required by subdivision (a) of Section 33080.1. The
reports shall be made in the time, format, and manner prescribed by
the Controller after consultation with the department.
(b) The redevelopment agency shall provide a copy of the report
required by Section 33080.1, upon the written request of any person
or any taxing agency. If the report does not include detailed
information regarding administrative costs, professional services, or
other expenditures, the person or taxing agency may request, and the
redevelopment agency shall provide, that information. The person or
taxing agency shall reimburse the redevelopment agency for all
actual and reasonable costs incurred in connection with the provision
of the requested information.33080.1. Every redevelopment agency shall submit the final report
of any audit undertaken by any other local, state, or federal
government entity to its legislative body within 30 days of receipt
of that audit report. In addition, every redevelopment agency shall
present an annual report to its legislative body within six months of
the end of the agency's fiscal year. The annual report shall
contain all of the following:
(a) (1) An independent financial audit report for the previous
fiscal year. "Audit report" means an examination of, and opinion on,
the financial statements of the agency which present the results of
the operations and financial position of the agency, including all
financial activities with moneys required to be held in a separate
Low and Moderate Income Housing Fund pursuant to Section 33334.3.
This audit shall be conducted by a certified public accountant or
public accountant, licensed by the State of California, in accordance
with Government Auditing Standards adopted by the Comptroller
General of the United States. The audit report shall meet, at a
minimum, the audit guidelines prescribed by the Controller's office
pursuant to Section 33080.3 and also include a report on the agency's
compliance with laws, regulations, and administrative requirements
governing activities of the agency, and a calculation of the excess
surplus in the Low and Moderate Income Housing Fund as defined in
subdivision (g) of Section 33334.12.
(2) However, the legislative body may elect to omit from inclusion
in the audit report any distinct activity of the agency that is
funded exclusively by the federal government and that is subject to
audit by the federal government.
(b) A fiscal statement for the previous fiscal year that contains
the information required pursuant to Section 33080.5.
(c) A description of the agency's activities in the previous
fiscal year affecting housing and displacement that contains the
information required by Sections 33080.4 and 33080.7.
(d) A description of the agency's progress, including specific
actions and expenditures, in alleviating blight in the previous
fiscal year.
(e) A list of, and status report on, all loans made by the
redevelopment agency that are fifty thousand dollars ($50,000) or
more, that in the previous fiscal year were in default, or not in
compliance with the terms of the loan approved by the redevelopment
agency.
(f) A description of the total number and nature of the properties
that the agency owns and those properties the agency has acquired in
the previous fiscal year.
(g) Any other information that the agency believes useful to
explain its programs, including, but not limited to, the number of
jobs created and lost in the previous fiscal year as a result of its
activities.

33080.2. (a) When the agency presents the annual report to the
legislative body pursuant to Section 33080.1, the agency shall inform
the legislative body of any major violations of this part based on
the independent financial audit report. The agency shall inform the
legislative body that the failure to correct a major violation of
this part may result in the filing of an action by the Attorney
General pursuant to Section 33080.8.
(b) The legislative body shall review any report submitted
pursuant to Section 33080.1 and take any action it deems appropriate
on that report no later than the first meeting of the legislative
body occurring more than 21 days from the receipt of the report.

33080.3. The Controller shall develop and periodically revise the
guidelines for the content of the report required by Section 33080.1.
The Controller shall appoint an advisory committee to advise in the
development of the guidelines. The advisory committee shall include
representatives from among those persons nominated by the
department, the Legislative Analyst, the California Society of
Certified Public Accountants, the California Redevelopment
Association, and any other authorities in the field that the
Controller deems necessary and appropriate.


33080.4. (a) For the purposes of compliance with subdivision (c) of
Section 33080.1, the description of the agency's activities shall
contain the following information regardless of whether each activity
is funded exclusively by the state or federal government, for each
project area and for the agency overall:
(1) Pursuant to Section 33413, the total number of nonelderly and
elderly households, including separate subtotals of the numbers of
very low income households, other lower income households, and
persons and families of moderate income, that were displaced or moved
from their dwelling units as part of a redevelopment project of the
agency during the previous fiscal year.
(2) Pursuant to Section 33413.5, the total number of nonelderly
and elderly households, including separate subtotals of the numbers
of very low income households, other lower income households, and
persons and families of moderate income, that the agency estimates
will be displaced or will move from their dwellings as part of a
redevelopment project of the agency during the present fiscal year
and the date of adoption of a replacement housing plan for each
project area subject to Section 33413.5.
(3) The total number of dwelling units housing very low income
households, other lower income households, and persons and families
of moderate income, respectively, which have been destroyed or
removed from the low- or moderate-income housing market during the
previous fiscal year as part of a redevelopment project of the
agency, specifying the number of those units which are not subject to
Section 33413.
(4) The total numbers of agency-assisted dwelling units which were
constructed, rehabilitated, acquired, or subsidized during the
previous fiscal year for occupancy at an affordable housing cost by
elderly persons and families, but only if the units are restricted
by agreement or ordinance for occupancy by the elderly, and by very
low income households, other lower income households, and persons and
families of moderate income, respectively, specifying those units
which are not currently so occupied, those units which have replaced
units destroyed or removed pursuant to subdivision (a) of Section
33413, and the length of time any agency-assisted units are required
to remain available at affordable costs.
(5) The total numbers of new or rehabilitated units subject to
paragraph (2) of subdivision (b) of Section 33413, including separate
subtotals of the number originally affordable to and currently
occupied by, elderly persons and families, but only if the units are
restricted by agreement or ordinance for occupancy by the elderly,
and by very low income households, other lower income households, and
persons and families of moderate income, respectively, and the
length of time these units are required to remain available at
affordable costs.
(6) The status and use of the Low and Moderate Income Housing Fund
created pursuant to Section 33334.3, including information on the
use of this fund for very low income households, other lower income
households, and persons and families of moderate income,
respectively. If the Low and Moderate Income Housing Fund is used to
subsidize the cost of onsite or offsite improvements, then the
description of the agency's activities shall include the number of
housing units affordable to persons and families of low or moderate
income which have been directly benefited by the onsite or offsite
improvements.
(7) A compilation of the annual reports obtained by the agency
under Section 33418 including identification of the number of units
occupied by persons and families of moderate income, other lower
income households, and very low income households, respectively, and
identification of projects in violation of this part or any
agreements in relation to affordable units.
(8) The total amount of funds expended for planning and general
administrative costs as defined in subdivisions (d) and (e) of
Section 33334.3.
(9) Any other information which the agency believes useful to
explain its housing programs, including, but not limited to, housing
for persons and families of other than low and moderate income.
(10) The total number of dwelling units for very low income
households, other lower income households, and persons and families
of moderate income to be constructed under the terms of an executed
agreement or contract and the name and execution date of the
agreement or contract. These units may only be reported for a period
of two years from the execution date of the agreement or contract.
(11) The date and amount of all deposits and withdrawals of moneys
deposited to and withdrawn from the Low and Moderate Income Housing
Fund.
(b) As used in this section:
(1) "Elderly," has the same meaning as specified in Section 50067.
(2) "Persons and families of moderate income," has the same
meaning as specified in subdivision (b) of Section 50093.
(3) "Other lower income households," has the same meaning as
"lower income households" as specified in Section 50079.5, exclusive
of very low income households.
(4) "Persons and families of low or moderate income," has the same
meaning as specified in Section 50093.
(5) "Very low income households," has the same meaning as
specified in Section 50105.
(c) Costs associated with preparing the report required by this
section may be paid with moneys from the Low and Moderate Income
Housing Fund.33080.5. For the purposes of compliance with subdivision (b) of
Section 33080.1, the fiscal statement shall contain the following
information:
(a) The amount of outstanding indebtedness of the agency and each
project area.
(b) The amount of tax increment property tax revenues generated in
the agency and in each project area.
(c) The amount of tax increment revenues paid to, or spent on
behalf of, a taxing agency, other than a school or community college
district, pursuant to subdivision (b) of Section 33401 or Section
33676. Moneys expended on behalf of a taxing agency shall be
itemized per each individual capital improvement.
(d) The financial transactions report required pursuant to Section
53891 of the Government Code.
(e) The amount allocated to school or community college districts
pursuant to each of the following provisions: (1) Section 33401;
(2) Section 33445; (3) Section 33445.5; (4) paragraph (2) of
subdivision (a) of Section 33676; and (5) Section 33681.
(f) The amount of existing indebtedness, as defined in Section
33682, and the total amount of payments required to be paid on
existing indebtedness for that fiscal year.
(g) Any other fiscal information which the agency believes useful
to describe its programs.

33080.6. On or before May 1 of each year, the department shall
compile and publish reports of the activities of redevelopment
agencies for the previous fiscal year, based on the information
reported pursuant to subdivision (c) of Section 33080.1 and reporting
the types of findings made by agencies pursuant to paragraph (1),
(2), or (3) of subdivision (a) of Section 33334.2, including the date
of the findings. The department's compilation shall also report on
the project area mergers reported pursuant to Section 33488. The
department shall publish this information for each project area of
each redevelopment agency. These reports may also contain the
biennial review of relocation assistance required by Section 50460.
The first report published pursuant to this section shall be for the
1984-85 fiscal year. For fiscal year 1987-88 and succeeding fiscal
years, the report shall contain a list of those project areas which
are not subject to the requirements of Section 33413.
The department shall send a copy of the executive summary of its
report to each redevelopment agency for which information was
reported pursuant to Section 33080.1 for the fiscal year covered by
the report. The department shall send a copy of its report to each
redevelopment agency that requests a copy.

33080.7. For puposes of compliance with subdivision (c) of Section
33080.1 and in addition to the requirements of Section 33080.4, the
description of the agency's activities shall identify the amount of
excess surplus, as defined in Section 33334.10, which has accumulated
in the agency's Low and Moderate Income Housing Fund. Of the total
excess surplus, the description shall also identify the amount that
has accrued to the Low and Moderate Income Housing Fund during each
fiscal year. This component of the annual report shall also include
any plan required to be reported by subdivision (c) of Section
33334.10.33080.8. (a) On or before April 1 of each year, the Controller
shall compile a list of agencies that appear to have major violations
of this part, based on the independent financial audit reports filed
with the Controller pursuant to Section 33080.
(b) On or before June 1 of each year, for each major violation of
each agency identified pursuant to subdivision (a), the Controller
shall determine if the agency has corrected the major violation.
Before making this determination, the Controller shall consult with
each affected agency. In making this determination, the Controller
may request and shall receive the prompt assistance of public
officials and public agencies, including, but not limited to, the
affected agencies, counties, and cities. If the Controller
determines that an agency has not corrected the major violation, the
Controller shall send a list of those agencies and their major
violations to the Attorney General for action pursuant to this
section.
(c) For each agency that the Controller refers to the Attorney
General pursuant to subdivision (b), the Controller shall notify the
agency and the legislative body that the agency was on the list sent
to the Attorney General. The Controller's notice shall inform the
agency and the legislative body of the duties imposed by Section
33080.2.
(d) Within 45 days of receiving the list of agencies and major
violations pursuant to subdivision (c), the Attorney General shall
determine whether to file an action to compel the agency's compliance
with this part. The time limit for the Attorney General to make
this determination is directory and not mandatory. Any action shall
be accompanied by an affidavit or affidavits setting forth facts that
demonstrate a likelihood of success on the merits of the claim that
the agency has a major violation of this part. The affidavit shall
also certify that the agency and the legislative body were informed
not less than 10 days prior to the date on which the action was
filed.
(e) (1) On the earliest day that the business of the court will
permit, but not later than 15 days after the filing of an action
pursuant to this section, the court shall conduct a hearing to
determine if good cause exists for believing that the agency has a
major violation of this part and has not corrected that violation.
(2) If the court determines that no major violation exists or that
the agency had a major violation but corrected the major violation,
the court shall dismiss the action.
(3) If the court determines that there is good cause for believing
that the agency has a major violation of this part and has not
corrected that major violation, the court shall immediately issue an
order that prohibits the agency from doing any of the following:
(A) Encumbering any funds or expending any money derived from any
source except to pay the obligations designated in subparagraphs (A)
to (G), inclusive, of paragraph (1) of subdivision (e) of Section
33334.12.
(B) Adopting a redevelopment plan.
(C) Amending a redevelopment plan except to correct the major
violation that is the subject of the action.
(D) Issuing, selling, offering for sale, or delivering any bonds
or any other evidence of indebtedness.
(E) Incurring any indebtedness.
(f) In a case that is subject to paragraph (3) of subdivision (e),
the court shall also set a hearing on the matter within 30 days.
(g) If, on the basis of that subsequent hearing, the court
determines that the agency has a major violation and has not
corrected that violation, the court shall order the agency to comply
with this part within 30 days. The order issued by the court
pursuant to paragraph (3) of subdivision (e) shall continue in effect
until the court determines that the agency has corrected the major
violation. If the court determines that the agency has corrected the
major violation, the court may dissolve its order issued pursuant to
paragraph (3) of subdivision (e) at any time.
(h) An action filed pursuant to this section to compel an agency
to comply with this part is in addition to any other remedy, and is
not an exclusive means to compel compliance.
(i) As used in this section, "major violation" means that, for the
fiscal year in question, an agency did not:
(1) File an independent financial audit report that substantially
conforms with the requirements of subdivision (a) of Section 33080.1.
(2) File a fiscal statement that includes substantially all of the
information required by Section 33080.5.
(3) Establish time limits, as required by Section 33333.6.
(4) Establish a Low and Moderate Income Housing Fund, as required
by subdivision (a) of Section 33334.3.
(5) Accrue interest earned by the Low and Moderate Income Housing
Fund to that fund, as required by subdivision (b) of Section 33334.3.
(6) Initiate development of housing on real property acquired
using moneys from the Low and Moderate Income Housing Fund or sell
the property, as required by Section 33334.16.
(7) Adopt an implementation plan, as required by Section 33490.


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