Ventura County Grand Jury
• 2002-2003
• Agency Response
Egeiwe&t Venturacountysuperiorcour August 26, 2003 Aug 2 9 2g03
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Note: Missing finding numbers detected: F5
Findings and Recommendations 14 findings
F1
Page 3
In 1976 the State Assemblycreatedthe Low and Moderate Income HousingFund Bill (AB3670). This legislation requiredthat all new redevelopmentprojects set aside 20% oftheirtax increment for low andmoderate housing. revenues use on income
No recommendations for this finding
F2
Page 3
In 1994 the StateAssemblycreated a "use it or lose it," bill (AB1290) relatedto the 20% set aside fimds. Agencies womedthat the Statecouldthentake backunused funds. It statedthatif agencies did not expend or encumber excess surplus (defined below) in the low andmoderateincome housing fundwithin oneyear from the date itbecame surplus, the agencymust either, (a) disbursethe excess voluntarily to a housing authori or otherpublic agencyexercisinghousing development powers or (b) expend or encumber its excess withintwo additionalyears. It alsoprovided that after threeyears ifit has not spent or encumbered, the agencywould be subject to sanctions. The definition of"surplus' is any unexpended or unencumberedamount in an agency's low and moderate-income fundthat exceeds one million dollars or the aggregate ofthe amounts deposited duringthe agency's last fourfiscal years.
Related Recommendations (1)
R2
Page 5
TheBoardofSupervisors should desiyiate a Countyofficeto provide forthe issuance of a report with enough detail as to thetypes and sizes ofhousingunits created and indicatingthe total amountof tax dollars diverted to CRAS so thatthe public canassess thebenefits ofthe expenditures. (c-1)
F3
Page 3
Health and SafetyCode section 33334.2 subdivision (a), allows a CRA to makefindings, based upon sufficient factual information, that need exists in the community to improve, increase or preserve the supplyofIow and moderate housing that percentageless than 20 percentofthetax income or some increment revenues are sufficient to meet those needs. Ifsuch findings are properlymade, the CRA is not required to use all or part ofthe 20 percent set aside funds." 1 1
Related Recommendations (1)
R3
Page 5
Authorize an appropriateCounf agencyto maintain a public filewhere annual reports and statement ofindebtedness fom all cities within the Countywouldbe located forpublic (c-1) review.
F4
Page 4
The present law indicates tax increments are onlyavailableto CRAS that are in debt. Once the debt is paid, the propertytax incrementis not available to CRAS for the project. This encouragesthe CRAS to remain in debt so theymaycollectthe funds. It should benoted thatmost ofthe funds received bystaying in debt goes to paythe interest on the debt. F-S. There is no specific agencywith oversightandauditpowerover CRAS exceptfor the legislative bodies that create the CRAs. Except as mentionedbelow they are largelyexempt from govemment oversightby anyagency otherthan a GrandJury.
Related Recommendations (1)
R4
Page 2
The City of Moorpark disagrees with and will not implement this recommendation for the stated the Conclusions Section above. reasons in
F6
Page 4
If CRAdefaults its debt, cihas legal responsibility to bail out theirdefaultingCRA. a on a no I However, citycreditand credibility are damaged, because as mostCRAboardmembers are also members ofthe citycouncil.
No recommendations for this finding
F7
Page 4
The CalifomiaState Controller'soffice "annual reportoffinancial transactions"of issues an CRAs. Eachcityis responsible to submit a aeport on the status of"low and moderate income housing"
No recommendations for this finding
F8
Page 4
The abovereportmust also contain a formentitled " StatementofIndebtness". Thisreportmust also be filedwiththe CountyAuditor on or before October 1 ofeachyear.
No recommendations for this finding
F9
Page 4
TheHealth and SafetyCode, section 33080 (a) requires every CRAto file withthe State Controllerwithin six months ofthe end ofthe agency's fiscal year all 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 4
Although a CountyBoard ofSupervisorshas no legislative oversightofCRAs, manyhave I adopted "policies"within the Board ofSupervisorspolicymanuals to have some oversight. AttachmentB is a recent example ofIos Angeles CounBoard ofSupervisors action.
No recommendations for this finding
F11
Page 4
Beforethe approval of a redevelopmentplan, the agency shall conduct a publichearing on the plan.&CRAS are required to publish a noticeofthe hearing, not less than once a week forfour successive weekspriorto the hearing. Thenotice shall be published in a newspaper ofgeneral circulationandpublished in the affectedcommunity. It is required thatthe noticesbe non-technical and in a clearand coherent mannerusingwords with everyday common meanings.
No recommendations for this finding
F12
Page 4
Copiesofthepublished notices shall alsobe mailed firstclass to the last known owner ofeach parcel ofland inthe designatedintheredevelopmentplan. In addition, notice shall alsobe area provided to all residents andbusinesseswithin the project areaat least 30 days priorto thehearing.
No recommendations for this finding
F13
Page 4
Citizen involvement is minimal in most CRA planningoperations. Project Area Committees (PACs) are required at the formationof a CRAresidentialproject. Once the project is approved, there normallyis no continuingcitizen involvementwiththe plan. Agencies are not required to notiy or recall the PACs, ifthe plan revised. is
No recommendations for this finding
F14
Page 4
Manyofthe cities within the Countyhold their CommunityRedevelopmentmeetings the on night the CityCouncil meetings and thatnight'spublished CityCouncil agenda. Some of same as on the cities have a separate agendafor the CRA meeting also listed.
No recommendations for this finding
F15
Page 4
The GrandJuryrequested information from CountyCounsel as to whatremedies are available if a CRA fai2s to complywith the previsions ofits redevelopmentplan or its implementation. The law 2 provides forjudicial review ofCRA actions, withoutspeciyingwho maybringsuGh aGtion. There are specific procedures thathavebeen established for review ofredevelopmentplans. A CRAmaybe subjectto a taxpayer's suit. The AttomeyGeneral has thepowerto bringactions to enforce state law. While no specific agencyis given oversightresponsibilitieswithrespectto CRAs, various means are availablebywhichjudicial review ofthe agency's actions maybe obtained. There appeartobe no I I penalty provisions containedin the law. Theonlyenforcementmechanismavailable in the law is for bondholders, affected individuals organizations, taxpayers the AttomeyGeneral to file suit asking or or a courtto enforcethe requirements ofthe law. Conclusions C-1. The citizens ofVentura Countyhave little access to informationregardingCRAs. There is no central location within the Countywhere reports andotherinformation available. EachCRA is are required to submitspecificreports to the State Comiollersoffice. A compilation ofthesereports is I published on the Intemet. It is difficult atbestto determineany particularcity's information. (F-4, F-7, I F-8, F-11, F-12, F-15) C-2. There appevs to be no specific agencywithoversightand auditpowers, as CRAS are largely exempt from oversight byanyotheragencyotherthan the Gnnd Jury. (F-5, F-8, F-9, F10, F-15) I I C-3. With many Cities havingCityCouncil meetings and CRA meetings on the same night, the public maybe discourage4 from participating. In manycases the CRA meeting is held afteral] CiCouncil business and it is often quite late. I (F-12, F-13, F-14) t Recommendaiions I R-1. The Board ofSupervisorsshould monitor andpublicizeannuallythe accumulationand expenditures ofthe funds. (C-1, C-2)
No recommendations for this finding
Conclusions 2
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CL1 Page 2The Report concludes that citizens of Ventura County have little to information access regarding CRAS. However in Moorpark, citizens have the to same access redevelopment information and documents that they enjoy for all other city, county or state agencies, and activities. The Redevelopment Agency submits its Annual Statement of Indebtedness to the County of Ventura. In addition, the agency prepares periodic reports housing activity, financial transactions, and general project activity, on all ofwhich are available to the public upon request. The Report also concludes that citizens discouraged from attending CRA meetings are because they often held the night City Council Meetings. The City of are on same as Moorpark disagrees with this conclusion. Having these meetings the evening same (immediately after the start of the City Council meeting which is recessed to convene the Redevelopment Agency Meeting prior to the City Council Meeting in Moorpark's case) far convenient-for the public than holding the meetings during the day is more or on another night. The City believes that most citizens prefer attending city and agency meetings on the same evening and they are provided with separate agendas for the 4ro meetings. Frequently, action by both the RedevelopmentAgency Board and the City an Council is necessary for the approval of a project or program so it is also more efficient.
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CL2 Page 5C-1. The citizens ofVentura Countyhave little access to informationregardingCRAs. There is no central location within the Countywhere reports andotherinformation available. EachCRA is are required to submitspecificreports to the State Comiollersoffice. A compilation ofthesereports is I published on the Intemet. It is difficult atbestto determineany particularcity's information. (F-4, F-7, I F-8, F-11, F-12, F-15) C-2. There appevs to be no specific agencywithoversightand auditpowers, as CRAS are largely exempt from oversight byanyotheragencyotherthan the Gnnd Jury. (F-5, F-8, F-9, F10, F-15) I I C-3. With many Cities havingCityCouncil meetings and CRA meetings on the same night, the public maybe discourage4 from participating. In manycases the CRA meeting is held afteral] CiCouncil business and it is often quite late. I (F-12, F-13, F-14) t Recommendaiions I R-1. The Board ofSupervisorsshould monitor andpublicizeannuallythe accumulationand expenditures ofthe funds. (C-1, C-2) R-2. TheBoardofSupervisors should desiyiate a Countyofficeto provide forthe issuance of a report with enough detail as to thetypes and sizes ofhousingunits created and indicatingthe total amountof tax dollars diverted to CRAS so thatthe public canassess thebenefits ofthe expenditures. (c-1) R-3. Authorize an appropriateCounf agencyto maintain a public filewhere annual reports and statement ofindebtedness fom all cities within the Countywouldbe located forpublic (c-1) review. R-4. Cities should theirpresentpolicyand considerholdingthe CRAmeetings sepaiate review as a function not related to theregularcouncil meetings. (c-3) R-S. Thecities withinthe Countyfumish the same reports, as they are required to submitto the State Controller'soffice to the designated Countyoffice. (C-1) 3