Ventura County Grand Jury
• 2002-2003
• Agency Response
Response to:
City of Oxnard River Ridge Golf Course
Ciwmanager Dphilipe.gatch
⚠️ 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.
Note: Missing finding numbers detected: F5
Findings and Recommendations 13 findings
F2
Page 7
In 2994 the StateAssemblycreated a "use it or lose it," bill (AB1290) related to the 20% set aside funds. Agencies worried that the State could then takebackunused funds. It stated that if agencies did not expend or encumber excess surplus (defined below) in the low and moderate income housing fund within one year from the date it became surplus, the agencymust either, (a) disbursethe excess voluntarilyto a housing authority or otherpublic agency exercisinghousing development powers or (b) expend or encumberits excess within two additional years. It also provided that after three years ifit has not spent or encumbered, the agencywould be subject to sanctions. The definition of"surplus" is any unexpended or unencumbered amount in an agency's low and moderate-income fundthat exceeds one million dollars or the aggregate ofthe amounts deposited during the agency's last fowfiscal years.
Related Recommendations (1)
R2
Page 9
The Board ofSupervisors should designate a County office to provide for the issuance of a report with enough detail as to the types and sizes ofhousingunits created and indicatingthetotal amount of tax dollars diverted to CRAS so that the public can assess the benefits ofthe expenditures. (c-2)
F3
Page 7
Health and Safety Code section 33334.2 subdivision (a), allows a CRA to make findings, based upon sufficient factual information, that need exists in the comnrunityto improve, increase orpreserve the supplyoflow and moderate housing that percentage less than 20 percent ofthe tax income or some increment revenues are sufficient to meet those needs. Ifsuch findings are properly made, the CRA is not required to use all or part ofthe 20 percent set aside funds." 1
Related Recommendations (1)
R3
Page 9
Authorize an appropriateCountyagencyto maintain a public file where annual reports and statement ofindebtedness from all cities within the Countywouldbe located forpub2ic review. (c-1)
F4
Page 8
`The present law indicates tax increments are only available to CRAS that are in debt. Once the debt is paid, the property tax increment is not available to CRAS for the project. This encourages the CRAS to remain in debt so theymay collect the funds. It should be noted that most ofthe funds received by staying in debt goes to paythe interest on the debt. I F-S. There is no specific agency with oversight and auditpowerover CRAS except forthe Iagislative bodies that create the CRAs. Except as mentionedbelow they are largelyexempt fom government oversightby anyagency other than a Grand Jury.
Related Recommendations (1)
R4
Page 9
Cities should their present policy and consider holdingthe CRA meetings separate review as a function not related to the regular counci! meetings. (c-3) R-S. The cities within the County fumish the same reports, as they are required to submitto the State Contro]ler's office to the designated Countyoffice. (C-1) 3
F6
Page 8
If a CRA defaults on its debt, a cityhas no legal responsibility to bail out theirdefaultingCRA. However, city credit and credibility are damaged,because as most CRA boardmembers are also I members ofthe citycouncil.
No recommendations for this finding
F7
Page 8
The Califomia State Controller's office "annual report offinancial transactions"of issues an CRAs. Each cityis responsible to submit a report on the status of"low and moderate income housing"
No recommendations for this finding
F8
Page 8
The above reportmust aiso contain a form entitled " Statementoflndebtness". Thisreportmust I also be filed withthe CountyAuditor on or before October 1 ofeach year.
No recommendations for this finding
F9
Page 8
The Health and SafetyCode, section 33080 (a) requires every CRA to file withthe State Controllerwithin six months ofthe end ofthe agency's fiscal yearall the documentsrequiredby 33080.1. In addition, a copy ofthis report, upon written request, mustbe fumished to anyperson or taxing authority.
No recommendations for this finding
F10
Page 8
Although a CountyBoard ofSupervisors has no legislative oversight ofCRAs, manyhave adopted "policies" within the Board ofSupervisorspolicymanuals to have some oversight. I AttachmentB is a recent example ofLos Angeles CountyBoard ofSupervisors action.
No recommendations for this finding
F11
Page 8
Before the approval of a redevelopmentplan, the agency shall conduct a publichearing on the plan. CRAS are required to publish a notice ofthe hearing, not less than once a week for four successive \\sleeks prior to the hearing. Thenotice shall be published in a newspaper ofgeneral circulation andpublished in the affected community. It is required thatthe notices be non-technical and in a clearand coherent mannerusingwords with everyday common meanings.
No recommendations for this finding
F12
Page 8
Copies efthepublished notices shall alsobe mailed first class to the lastknown owner ofeach parcel ofland in the desiyiated in the redevelopmentplan. In addition, notice shall also be area provided to al] residents and businesses within the project area at least 30 dayspriorto the hearing.
No recommendations for this finding
F13
Page 8
Citizen involvement is minimal in most CRA planning operations. Project Area Commiftees (PACs) are required at the formation of a CRA residential project. Once the project is approved, there norrnally is no continuingcitizen involvement with the plan. Agencies are not required to notiy or recall the PACs, ifthe plan revised. is
No recommendations for this finding
F14
Page 8
Manyofthe cities within the Conntyhold their CommunityRedeveloprrkentmeetings the on night the City Counci2 meetings and that night's published City Council agenda. Some of same as on the cities have separate agenda for the CRA meeting also listed. a
No recommendations for this finding
F15
Page 8
The Grand Jury requested infomiation from CountyCounsel as to what remedies are available if a CRA fails to complywith the provisions ofits redevelopmentplan or its implementation. The law 2 piroviies * forjudicial review ofCRA actions, without speciyingwho maybring such action. There are specific procedures that havebeen established for review ofredevelopmentplans. A CRA maybe subject to a taxpayer's suit. The Attomey General has the power to bring actions to enforce state law. While no specific agencyis given oversight responsibilities with respect to CRAs, various means are available by whichjudicial review ofthe agency's actions maybe obtained. There appearto be no penalty provisions contained in the law. The onlyenforcementmechanismavailable in the law is for bondholders, affected individuals or organizations, taxpayers or the Attomey General to file suit asking a court to enforce the requirements ofthe law. Conclusions C-1. The citizens ofVentura County have little access to information regarding CRAs. There is no central location withinthe Countywhere reports and other informati4n avai2able. Each CRA is are required to submit specific reports to the State Controllers office. A compilationofthesereports is I published on the Intemet. It is difficult at best to determine any particularcity's information. (F-4, F-7,
No recommendations for this finding
Conclusions 2
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CL1 Page 3I I The City ofThousand respectfully disagreeswith the Grand Jury's conclusions follows: as Condusion c-1: II "The cifizens of Ventura Count have rmie to information regarding GRAS. There is access central location within the County where reporfs and other information available. no are Each CRA is required to submi specihc reports to the State Controllers Ofhce. i Compilation ofthese reporfs is published the /nternet. Itis difficultat beslto cktermine on cify'sinformation. any n I Response: This conclusion suggests citizens of Ventura County have little to access information regarding CRAs, because there not central location within II is a the county to reports and other information. Copies of the reports access prepared by Housing and Community Development and the State Controllefs Offioe are published on the Intemet, sent to each governmental jurisdiction, and are made available to any citizen wishing to review them. Additionally, these reports be obtained from libraries and directly from can HCD the State Controlles OFOce. or Conclusion c-2: "There appears to be no specihc agency with oversight and audit powers, as CRAS are largelyexemptfrom oversightby anyotheragencyotherthan the GrandJury." Response: Oversight administered via audit should Housing and Community is Development choose to audit individual Redevelopment Agency. The an State Attomey General has authority to pursue legal remedies to any agency in violation of redevelopment law. Conclusion c-2: `With many cities having City Council meetings and CRA meetings on the same night, fhe public may be discouraged from parficipating- In many cases the CRA meeting is held afterall Ciy Councilbusiness, andit is often quite late." Response: City Council and Redevelopment Agency meetings held the evening same facilitate participation from the public. Holding separate meetings in Thousand Oaks could possibility confuse the public and result in less citizen participation. I i Honorable BruceA. Clark Re: Grand Jury Report: RedevelopmentAgencies and Housing September3, 2003 PaQe4 I Recommendations The Thousand Oaks Redevelopment Agency responds to the Grand Jury Recommendations follows: as Recommendations R-l R-2 and R-3: I Response: No comments offered for these Recommendations. These are issues for the County ofVentura Board-of Supervisors to consider. Recommendation R-4: "CMes should review their present policy and oonsider holding the CRA meetings as a separate fundion notrelatedto the regulareouncilmeetings. n Response: Disagree with recommendation. Thousand Oaks Redeveiopment Agency meetings duly noticed in full campliance with State law. Scheduling are regular City Council meetings and Redevelopment Agency Board meetings the night and legally accepted practice throughout on same is a common Califomia. Holding both meetings predictable and publicly noticed on a Tuesday night schedule provides residents with certainty and convenience. Thousand Oaks residents desire and expect to be able to comment on City Council and/or Redevelopment Agency agenda items at the meeting same time and date. Therefore, holding separate RedevelopmentAgency and City I Council meetings different nights will not be pursued at this time. on Recommendation R-5: "The cites within the Countyfurnish the reporls, they requiredto submitta the same as are State Controlles OVice to the designated Countyoffice." Response: Partially disagree with recommendation. Thousand Oaks Redevelopment Agency files annual reports with the State Controller's Office, State Department of HousJng and Community Development, and all other applicable federal and State agencies as legally required. These reports are completed using universal formats that are available for public review. Requiring the Thousand Oaks RedevelopmentAgency to also send copies of these reports to Ventura County may result in establishment of an additional layer of government review. The County has always had the ability to obtain copies of the Thousand Oaks Redevelopment Agency annual reports from the applicable State agencies. As result, Redevelopment Agency staff is a willing to provide copies of our annual reports to all interested County departments, requested. as Honorable BruceA. Clark Re: Grand Jury Report: RedevelopmentAgenciesand Housing September3, 2003 Page 5 Neitherthe City RedevelopmentAgency denies public requests for such nor ififormation. In fact, Thousand Oaks goes out of its way to ensure that the public has access to budget, financial, redevelopment, planningl land use, and related Jnformation. Much ofthis information also available the City is on and RedevelopmentAgenc~swebsite (www.toaks.org). Thank you for the Grand Jury's interest in the Thousand Oaks Redevelopment Agency's of low and moderate housing funds. As the Grand Jurys Attachment A use income indicates, the Thousand Oaks Redevelopment Agency has long been a leader within Ventura County with resped to Tax Increment funds spent on affordable housing, as well actual number of affordable housing units produced. It is the City as CounciI/Redevetopment Agency Board's desire to continue this practice well into the future. Should you have any questions ancVor comments, please contact Scott Mitnick, Deputy City Manager, at 805/449-2111. Sincerely, (/li Philip E. atch City Manager City Council cc: Mark G. Sellers, City Attorney Scott Mitnick, Deputy City Manager John Prescott, Interim Community Development Director Russ Watson, Redevelopment and Housing Manager
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CL2 Page 9C-1. The citizens ofVentura County have little access to information regarding CRAs. There is no central location withinthe Countywhere reports and other informati4n avai2able. Each CRA is are required to submit specific reports to the State Controllers office. A compilationofthesereports is I published on the Intemet. It is difficult at best to determine any particularcity's information. (F-4, F-7, F-8, F-11, F-12, F-15) C-2. There appears to be no specific agencywith oversight and auditpowers, as CRAS are largely exempt from oversightbyany other agencyotherthan the Grand Jury. (F-5, F-8, F-9, F-10, F-15) I C3. With manyCities having City Council meetings and CRA meetings on the same night, the public maybe discouragedfrom participating. In many cases the CRA meeting is held afterall CityCouncil business and it is often quite late. (F-12, F-13, F-14) I