Mendocino County Grand Jury
• 2011-2012
Rda Successor Agencies from A-z, Starting with the Letter "u" (ukiah) May 2, 2012
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 54 findings
F1
On December 29, 2011, the California Supreme Court released its decision in the California Redevelopment Association vs. Matosantos. The Court found that AB 1X26 (the "Dissolution Act") to be constitutional. The Court's decision meant that each redevelopment agency within California must be dissolved and no longer exist as of February 1, 2012. This included all city and county redevelopment agencies.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F2
In accordance with Health and Safety Code Section 34173, the City of Ukiah - along with the City of Willits, the City of Fort Bragg, and the County of 3 Mendocino – each designated a Successor Agency to supersede their respective Redevelopment Agencies.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F3
The intent of the Successor Agency is to wind down the business of the Redevelopment Agency.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F4
Under the Dissolution Act, authority, rights, powers, duties, and obligations of the Redevelopment Agency vest in the Successor Agency subject to approval of the State Department of Finance (DOF).
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F5
The Successor Agency has the responsibility of paying off the former Redevelopment Agency's existing debts. The Successor Agency also has the responsibility for disposing of the Redevelopment Agency's properties and assets in a manner prescribed by law. Lastly, the Successor Agency has the responsibility with winding down all remaining business of the former Redevelopment Agency.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F6
The Successor Agency's activities are subject to review by the Oversight Board. This newly formed board is composed of seven representatives, as prescribed by Health and Safety Code Section 34179.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F7
Per Health and Safety Code Section 34180, the Oversight Board must first approve important actions proposed by the Successor Agency. The Oversight Board may choose to approve, reject, or amend those actions.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F8
The Oversight Board must approve any proposed new repayment terms for outstanding loans where the terms have not been specified prior to the date of the formation of the Successor Agency.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F9
The Oversight Board must approve any proposed refunding by the Successor Agency of outstanding bonds or other debt of the former RDA. This is to provide cost savings or to finance debt service spikes. However, no additional debt can be created and debt service cannot be accelerated.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F10
The Oversight Board must approve any proposed setting aside amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding RDA bonds.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F11
The Oversight Board must approve any proposed merging of project area.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F12
The Oversight Board must approve any proposed continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, where assistance is conditioned upon the provision of matching funds by the Successor Agency in amounts greater than 5 per cent of the total liabilities of the Successor Agency.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F13
If the City of Ukiah wishes to retain any properties or other assets of its former RDA for future development activities, funded from the City's own funds and under the City's own auspices, the City must reach a compensation agreement with the other taxing entities. These payments must be in proportion to their respective shares of the base property tax, as pursuant to Section 34188, for the value of the property retained by the City. The Oversight Board must also approve this action.
Related Recommendations (2)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
R10
A meeting of all Tax Entities affected by the elimination of the RDA be convened by the Oversight Board to ensure outreach, inclusiveness, transparency, and accountability by the Board. (Findings 13-14, 19)
F14
If no agreement is reached on the valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as determined by the County Assessor. The Oversight Board must also approve this action. 4
Related Recommendations (2)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
R10
A meeting of all Tax Entities affected by the elimination of the RDA be convened by the Oversight Board to ensure outreach, inclusiveness, transparency, and accountability by the Board. (Findings 13-14, 19)
F15
The Oversight Board must approve any proposed establishment of the Recognized Obligation Payment Schedule (ROPS).
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F16
The Oversight Board must approve any request by the Successor Agency to enter into an agreement with the City of Ukiah.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F17
The Oversight Board must approve any request by the Successor Agency to pledge, or to enter into any agreement for the pledge of, property tax revenues pursuant to subdivision (b) of Section 34178.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F18
The Oversight Board may direct the staff of the Successor Agency to perform work in the furtherance of the Oversight Board's duties and responsibilities.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F19
The Oversight Board shall have fiduciary responsibilities to the holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues. The Enforceable Obligation Schedule adopted by the Successor Agency and approved by the Oversight Board must be published on the City's website or Successor Agency website.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F20
On February 29, 2012, at a regular meeting of the City Council of the City of Ukiah, the Council passed, approved, and adopted a resolution that dissolved the City's RDA, and submitted an initial draft of the ROPS to the Successor Agency. The transmittal of the initial draft of the ROPS also copied the Mendocino County Auditor, the California State Controller, and the California State Department of Finance. The resolution was effective immediately.
Related Recommendations (1)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
F21
The former RDA for the City of Ukiah was involved in significant projects, including the Redwood Business Park infrastructure on Airport Blvd (the "Costco Project"), the County Courthouse Relocation Project on Perkins Street, the Downtown Beautification Project, the Alex Rorabaugh Gymnasium and Activity Center, the Orchard Street Bridge, and 322 units of affordable housing created during the period of 1990-2007.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F22
The City's former RDA issued bonds. Millions of dollars are still outstanding. They are included in the ROPS.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F23
The former RDA has outstanding loans and other liabilities. They are included in the ROPS.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F24
The ROPS for Ukiah's Successor Agency totals approximately $118 million for the period of January 1, 2012 through June 30, 2012 and approximately $59 million for the period of July 1, 2012 through December 31, 2012.
Related Recommendations (1)
R7
City staff assigned to the Successor Agency should carefully keep track of hours in a code system that tracks City business, Successor Agency business, Oversight Board business, and project management business, so as to avoid the perception of "double dipping”. (Findings 24-25, 54)
F25
The former RDA used its funds to pay significant portions of the salaries of 18 City employees, totaling $808,288 in 2010-2011.
Related Recommendations (1)
R7
City staff assigned to the Successor Agency should carefully keep track of hours in a code system that tracks City business, Successor Agency business, Oversight Board business, and project management business, so as to avoid the perception of "double dipping”. (Findings 24-25, 54)
F26
The first meeting of the Successor Agency's Oversight Board took place on April 3, 2012. The Oversight Board met with a quorum of six members present of its required seven-member Board. The Oversight Board convened its first meeting before the Mendocino County Board of Supervisors appointed a representative from the public.
Related Recommendations (3)
R3
City staff assigned to the Successor Agency should comply and present to the Oversight Board a written timeline of milestones and deadlines. (Findings 26-27, 33-34, 48, 51)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
R11
The Oversight Board ensure that all important board business be posted on the City website so all stakeholders and media are notified in a timely manner to ensure transparency. (Findings 26-27, 47, 51, 54)
F27
The six members of the Oversight Board that were present at the April 3 meeting included; Deputy CEO, Mendocino County; Vice Mayor, City of Ukiah, Board Member, Russian River Cemetery District; Associate Superintendent Mendocino County Office of Education; Vice President of 5 Administrative Services, Mendo-Lake Community College District, and Assistant Finance Director, City of Ukiah.
Related Recommendations (3)
R3
City staff assigned to the Successor Agency should comply and present to the Oversight Board a written timeline of milestones and deadlines. (Findings 26-27, 33-34, 48, 51)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
R11
The Oversight Board ensure that all important board business be posted on the City website so all stakeholders and media are notified in a timely manner to ensure transparency. (Findings 26-27, 47, 51, 54)
F28
The principal staff to the Oversight Board is the City Manager, the Assistant City Manager, and the City Finance Director.
Related Recommendations (2)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F29
Legal counsel represented the City and its Successor Agency. The Oversight Board was not represented by counsel, despite the fact that they were acting in the capacity as sworn fiduciaries.
Related Recommendations (3)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R8
The Oversight Board should immediately retain legal counsel. (Findings 29, 40-43, 49)
F30
At the April 3 meeting, the Oversight Board adopted a conflict of interest code. In addition, the Oversight Board elected its Chairperson and other officers. The Board also approved the City Clerk to act on its behalf as Secretary to the Oversight Board.
No recommendations for this finding
F31
The date, time, and location of future regular meetings of the Oversight Board were resolved as follows: the 2nd Wednesday of every month, at 4 PM, at the Ukiah Conference Center. In addition, it was resolved that Special Meetings could be called with 24 hours notice whenever necessary.
No recommendations for this finding
F32
The Oversight Board approved an administrative budget for the Successor Agency. Pursuant to Health and Safety Code 34177(j), the Successor Agency could be allocated up to 5 per cent of the property tax for 2011-12, and up to 3 per cent of the property tax allocated to the Redevelopment Obligation Trust Fund for 2012-2013 and each year thereafter. The Administrative Cost Allowance cannot be less than $250,000 or 5% of the property tax whichever is greater.
Related Recommendations (1)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F33
The Oversight Board reviewed and considered, but did not approve the ROPS at the first meeting. Several members of the Board voiced their concern that the ROPS was not sufficiently documented, nor did the County Auditor certify the ROPS. The ROPS was certified at the second meeting.
Related Recommendations (2)
R3
City staff assigned to the Successor Agency should comply and present to the Oversight Board a written timeline of milestones and deadlines. (Findings 26-27, 33-34, 48, 51)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F34
The City Manager and Assistant City Manager stressed at the April 3 meeting that there was an April 15 deadline for the Oversight Board to approve the ROPS and to provide a copy of the approved ROPS to the State Controller and the State Department of Finance.
Related Recommendations (2)
R3
City staff assigned to the Successor Agency should comply and present to the Oversight Board a written timeline of milestones and deadlines. (Findings 26-27, 33-34, 48, 51)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F35
On April 10, the Mendocino County Board of Supervisors appointed a member of the public to the Successor Agency of the Ukiah's Redevelopment Agency.
No recommendations for this finding
F36
On April 11, a Special Meeting was held by the Oversight Board. The only key item on the agenda was the Board's approval of the ROPS list.
Related Recommendations (1)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F37
At the April 11 meeting, the Board approved the ROPS following a heated discussion. Only five of the seven members of the Board voted yes. The dissenting members again expressed their concern that the ROPS was not fully documented nor certified by the County Auditor.
Related Recommendations (1)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F38
The City Manager expressed her impatience with the Board's process, noting, "This whole process has been extremely difficult and has disrupted two major projects." The City Manager was referring to the Redwood Business Park (the "Costco Project") and the $1 million environmental cleanup at the old Ukiah Railroad Depot for the relocation of the proposed Mendocino County courthouse. 6
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F39
Even some of the Board members who voted yes to approve the ROPS list said they preferred to vote for a "conditional approval" of the ROPS. Some Board members expressed concern if the State Controller or State Department of Finance disallowed the ROPS list from Ukiah Successor Agency. The Assistant City Manager assured the Board that they were not taking an "undue risk".
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F40
The Oversight Board had no way to assess the personal legal liability associated with risk. There was no legal counsel to advise them. Yet, the Board was acting as sworn fiduciaries at the April 3 and April 11 meetings. It was later determined that no liability was attached.
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R8
The Oversight Board should immediately retain legal counsel. (Findings 29, 40-43, 49)
F41
At the April 3 and April 11 meetings, legal counsel advised the City. In fact, counsel for the City was present at the Ukiah Conference Center during the April 11 meeting.
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R8
The Oversight Board should immediately retain legal counsel. (Findings 29, 40-43, 49)
F42
The dissolution of RDAs is a complicated business involving billions of dollars, and hundreds of agencies and tax entities, all across California. The process is fraught with almost unlimited possibilities for error. In fact, it is often remarked, that there is no "playbook" for the dissolution of RDAs. There is no body of case law that can easily resolve disputes.
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R8
The Oversight Board should immediately retain legal counsel. (Findings 29, 40-43, 49)
F43
The dissolution of RDAs represents potentially expensive legal liabilities for all parties involved in the process of dissolution.
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R8
The Oversight Board should immediately retain legal counsel. (Findings 29, 40-43, 49)
F44
On its website, the California League of Cities has identified key areas of what it calls Post Redevelopment Legal Issues: • ROPS, • Cash Flow, • Pass-through Agreements, • Asset Transfer Assessments, • "Clawbacks" by the State Controller, • Agency-City Asset Transfers, • Third-Party Assessments, • Property Acquisition and Eminent Domain.
Related Recommendations (2)
R2
City staff assigned to the Successor Agency should continue to solicit interpretation of this direction from the City Attorney, the California 3 The letter defined EO as enforceable obligation. Redevelopment Association and the California League of Cities. (Findings 44-45)
R9
Regarding any legal questions about housing programs, ongoing economic development projects, environmental issues, and bond financings and other debt, the Oversight Board and their legal counsel should (when retained) consult with the California League of Cities. (Findings 44-46)
F45
Complicating the picture even further, there is the SB 659 Coalition. The Coalition (compromised of a growing list of labor, business, housing, public safety, community, and local government agencies) is seeking to postpone the scheduled dissolution of RDAs with the intent to allow time for new job creation and community renewal programs.
Related Recommendations (3)
R2
City staff assigned to the Successor Agency should continue to solicit interpretation of this direction from the City Attorney, the California 3 The letter defined EO as enforceable obligation. Redevelopment Association and the California League of Cities. (Findings 44-45)
R9
Regarding any legal questions about housing programs, ongoing economic development projects, environmental issues, and bond financings and other debt, the Oversight Board and their legal counsel should (when retained) consult with the California League of Cities. (Findings 44-46)
R12
The Oversight Board stay apprised of all developments at the SB 659 Coalition. (Finding 45) 9
F46
The January 5, 2012 edition of the California Cities Advocate also called for a "legislative fix" for the dissolution of Redevelopment Agencies. A potential "fix" begs an important question: as Successor Agencies "wind down" the activities of the former RDAs, will this “fix” imply that Successor Agencies must also "rewind"?
Related Recommendations (2)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
R9
Regarding any legal questions about housing programs, ongoing economic development projects, environmental issues, and bond financings and other debt, the Oversight Board and their legal counsel should (when retained) consult with the California League of Cities. (Findings 44-46)
F47
Two members of the Oversight Board noted that the City appears to be minimizing the role of the County Auditor during the first few weeks of the dissolution process. The proposed County Auditor Implementation Guidelines call for the County Auditor to certify all financial actions taken by the Successor Agency. 7
Related Recommendations (1)
R4
City staff assigned to the Successor Agency should immediately invite the County Auditor to participate in all future meetings of the Oversight Board. (Findings 26-29, 46-47, 52)
F48
County Auditor Implementation Guidelines for the dissolution of Redevelopment Agencies exist only in draft form at the time of this report.
Related Recommendations (1)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F49
The interests of the Successor Agency and its Tax Entities are not the same as the interests of the City. Furthermore, the members of the Oversight Board are acting in the capacity of sworn fiduciaries. As such, there are both legal liabilities and financial consequences for errors made by the Oversight Board.
Related Recommendations (2)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F50
Some elements of the "wind down" of the RDAs are open to legal interpretation, including elements of affordable housing, employment, environmental regulation, and bond financing.
Related Recommendations (2)
R1
City staff assigned to the Ukiah's Successor Agency continues to develop the "blueprint" for the dissolution of the Redevelopment Agency as direction continues to come from the State Controller's Office and the State Department of Finance. (Findings 1-20, 28, 30, 34, 38, 42, 49-50, 54)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
F51
Ukiah's Successor Agency is experiencing dissent on its Oversight Board. Part of the problem is that some Board members feel "rushed" by City staff. They commented that City staff needs to "slow down" the process of dissolution and to more fully explain all their actions. They also stated that City staff needs to document actions, whenever possible.
Related Recommendations (2)
R5
City staff assigned to the Successor Agency should adequately explain their presentations to the Oversight Board, so that all members of the Board can fully understand aspects of the dissolution process about which they are uncertain. (Findings28-29, 32-34, 36-43, 48-51, 54)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F52
Some Oversight Board members stated the County Auditor must certify the ROPS list and other actions of the Successor Agency.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F53
It is not clear at this point in time, what projects started by Ukiah's RDA will be continued by the Successor Agency. Although it appears that the Redwood Business Park Revitalization Project (the "Costco Project") and the Courthouse Relocation Project will both proceed, the future of other projects has not been sufficiently addressed. The future of housing projects, especially student housing projects for the college, is in doubt to the consternation of many community leaders.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)
F54
In a letter dated April 27, 2012, the State Department of Finance informed the City that $12,529,535 of the $118 million ROPS submitted to the State Department of Finance do not meet the requirements of Health and Safety Code sections 34171 et seq. and were not approved. The letter went on to state that, "Furthermore, items listed on future ROPS will be subject to review and may be denied as EOs." 3 The letter was not clear whether the State was approving the balance of the ROPS list or if the list was still under review.
Related Recommendations (1)
R6
City staff assigned to the Successor Agency should present the Oversight Board with a work plan for economic development projects they intend to continue, i.e., the Costco Project and the Courthouse Relocation Project. (Findings 21-23, 38-39, 51-54)