The Highway 12 Improvement Project continues its fight for survival, backed by continued strong support by the county Oversight Board and staff.
On April 25, the state Department of Finance sent a letter stating its determination that the Highway 12 project is not an “enforceable obligation” under the sections of the Health and Safety Code (HSC) pertaining to the dissolution of redevelopment agencies.
The determination of the Department of Finance appears to fly in the face of the law. HSC 34178 (a) clearly states that a successor agency (the County) can “enter into or reenter into agreements…with the approval of its oversight board.” The intent of the law is clear. If the Oversight Board, representing all taxing entities and public stakeholders, decide that a project is beneficial to their constituencies and the common good, the Oversight Board has the unambiguous right to reenter into agreements that were terminated when redevelopment agencies were dissolved by the State.
On March 26, Oversight Board voted unanimously to re-enter into an agreement with the county Department of Transportation and Public works to continue the design and eventual construction of the Highway 12 project. It seems that the Department of Finance is either unaware of this action or has chosen to cast it aside.
In response to the Department of Finance”s flawed determination, on May 4 the Oversight Board voted to send a letter re-asserting its rights under the law and urging the Department of Finance to “clarify” its determination with respect to the Highway 12 project. If the letter is considered an action of the Oversight Board under the law, the Department of Finance has 10 days to either approve the Oversight Board’s request or return it for further reconsideration.
So now we wait to see if the State of California respects the laws it enacted or if it unlawfully usurps the power of local government to determine where local tax money is spent.
We need to let the administrative process take its course. We may find ourselves celebrating the resurrection of the Highway 12 project soon. Or we may find ourselves required to mount a major political and legal battle with the State.
In the meantime, if you haven’t signed a petition in support for the project, please do so by clicking here. Springs community members are also urged to voice their appreciation and thanks to the Oversight Board for their continued support of the Highway 12 project and willingness to battle the state to save it. The Oversight Board’s email address is OversightBoard@sonoma-county.org.








The Oversight Board will be appointed at the end of February or beginning of March and the Department of Finance needs to take action by April 15.
