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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Santa Cruz County Grand Jury
• 2021-2022
_x_ Agree __ Partially Disagree __ Disagree Response explanation (required for a response other than Agree): Although
⚠️ 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 9 findings
F1
Page 255
The plain language of Measure S required use of Measure S funds for the modernization, upgrade, and repair of the existing local library branches—not community centers.
Related Recommendations (1)
R1
Page 239
The County’s ballot language for a revenue measure should clearly state whether the County Government’s use of the funds will be restricted to certain uses (special revenue), or is available for any legal purpose (general revenue). (F1) _X_ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) __ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: The County’s ballot language adheres to all requirements of State law, including Elections Code 13119(b) and (c), as further informed by California Constitution Article XIIIC and Government Code section 53721, which define general and special taxes. When the County proposes a special revenue measure, the ballot language clearly states how those funds will be used and reflects that expenditures are limited to those purposes. When the County proposes a general revenue measure, it outlines a wide variety of matters that the monies can be spent on, including “general government services”, so that the electorate understands that the money is not restricted to any specific use and may be spent on items as prioritized by the Board of Supervisors. It is and will remain appropriate to give the public insight into the County’s general priorities, through language approved by the Board of Supervisors. Santa Cruz County Civil Grand Jury
F2
Page 255
The Santa Cruz Public Libraries website states that Measure S funds would be used to address the “most urgent needs” identified in the Facilities Master Plan, which stated no new library branches were needed and focused only on the needs of the existing ten library branches—likely misleading voters.
Related Recommendations (1)
R2
Page 256
In the case of any future ballot measures, the SantaCruz Public Libraries should inform voters of prior commitments of ballot funds, such as the County Board of Supervisors’ commitment of Measure S funds to Live Oak. (F2, F3, F5)
F3
Page 235
The Santa Cruz County Board of Supervisors approved the Measure G ballot language at its August 7, 2018, meeting without seeking clarification as to how the provisions for an “annual audit” and “independent citizens oversight” would operate. _X_ AGREE __ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): Although this finding requires no response, it is important to note that the language approved by the Board is common for similar measures, and there was no need for the Board to seek clarification. Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R2
Page 256
In the case of any future ballot measures, the SantaCruz Public Libraries should inform voters of prior commitments of ballot funds, such as the County Board of Supervisors’ commitment of Measure S funds to Live Oak. (F2, F3, F5)
F4
Page 255
Following the dissolution of redevelopment agencies in California, County Parks was left without a ready source of capital funds needed to fulfill the vision of the Live Oak Community Center as the heart of Live Oak, and Measure S filled the void.
No recommendations for this finding
F5
Page 255
The Annex is an expansion of the Live Oak Community Center and not an expansion of the Live Oak Branch Library.
Related Recommendations (2)
R2
Page 256
In the case of any future ballot measures, the SantaCruz Public Libraries should inform voters of prior commitments of ballot funds, such as the County Board of Supervisors’ commitment of Measure S funds to Live Oak. (F2, F3, F5)
R5
Page 240
If the Santa Cruz County Board of Supervisors has formally established budget priorities for an upcoming revenue measure, the County Counsel’s impartial analysis should state this fact and note that the Board’s budget priorities are subject to change. (F5) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: The contents of the County Counsel’s impartial analysis are governed by Elections Code section 9160, which require an analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. It is not the County Counsel’s role to go beyond this. The impartial analysis is limited to 500 words in length and is not meant to encapsulate or predict all possibilities and outcomes associated with a tax measure. It is also not meant to put a “thumb on the scale” by going further than necessary to “show the effect of the measure on the existing law” and describe “the operation of the measure.” As previously noted and as routinely explained to the voters in materials describing general tax measures, general tax revenues are unrestricted and may be spent as the Board deems appropriate, with public input, and regardless of whether the Board has or has not previously stated priorities for use of those funds. Information beyond the quoted statutory requirements is better suited for the other documents that accompany a ballot measure, such as the arguments for and against the measure, the resolution calling for the election, and any associated documents establishing priorities (which are, by definition, not requirements and therefore subject to change depending on future circumstances). If there are objections to the contents of any election materials, including the impartial analysis, there is a statutory process set forth in Elections Code section 9190 for challenging those items in court prior to the election, and the court has the ability to order changes to materials that it finds by clear and convincing evidence are false or misleading. This statutory process is the legislatively designated process for controlling the content of ballot materials. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 233
F6
Page 255
The County’s decision to use Measure S funds for the Live Oak Library Annex in the Live Oak Community Center will impact the Santa Cruz Public Libraries operating budget. How a Community Center Became a “Library” published June 22, 2022 248 Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R3
Page 256
In the case of any future ballot measures, the SantaCruz Public Libraries should inform voters of the impact of facility expansion on its future operating budgets. (F6)
F7
Page 236
The Measure G Financial Summary, which is included in the County’s Adopted Budget for Fiscal Year 2021–22, can be expanded with detail showing Measure G revenues and expenditures to support the Measure G independent citizens oversight provisions. __ AGREE _X_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): Theoretically, it would be possible to provide such expanded detail, but no other General Fund revenues are subject to such treatment and the County questions the utility of providing that level of detail for General Fund monies. Once again, Measure G is not a special tax; it is a general tax, the revenues of which are mixed with all General Fund monies and spent on County services as prioritized by the Board of Supervisors. The Board prioritizes its spending of General Fund monies on an on- going and continually shifting basis as different needs, including emergencies, arise. All of the Board’s work in spending money is conducted in public, after receiving public input. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 229
Related Recommendations (2)
R6
Page 241
By January 1, 2023, the Santa Cruz County Board of Supervisors should require that the County Administrative Office use its financial and budget tracking tools to provide more detail on the planned and actual use of Measure G funds than is shown in the Measure G Financial Summary of the County’s Adopted Budget for Fiscal Year 2021–22. (F7) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: The County incorporates by reference its response to Finding No. 7. General Fund monies are not designed to be tracked as suggested here and the County does not intend to implement this recommendation given the limited utility in doing so. Santa Cruz County Civil Grand Jury
R7
Page 242
By January 1, 2023, the Santa Cruz County Board of Supervisors should appoint a citizens oversight committee to oversee, review, and advise the Board on a more detailed Measure G report, showing Measure G revenues and expenditures as described in Finding 7 on a periodic basis (semiannually or quarterly). (F7, F8, F9) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: As previously noted, Measure G is a general tax. The language of the measure does not include any provision to establish an agency, commission or committee. The County does not believe it is appropriate to establish such a committee to oversee the use of General Fund monies – the Board of Supervisors is responsible for this, and it does not make sense to have an advisory commission related to a portion of monies that are mixed with other monies, all of which are subject to the Board’s and the County’s shifting priorities. The Board of Supervisors is elected to prioritize and execute spending of General Fund monies and the public has ample opportunities to express to their duly elected representatives what their desires are for funding County-wide initiatives and services. It would not be useful to invest government time and resources into a new layer of bureaucracy that is duplicative and unnecessary. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 235 How a Community Center Became a “Library” The Transformational Power of Measure S Funds
F8
Page 237
The County Government’s current reliance on over 50 percent of Measure G revenue to support ongoing and recurring expenses for the County’s provision of essential services means the Measure G 12-year expiration date may present a serious risk to the County’s future fiscal health. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): This finding is confusing and internally inconsistent, as it appears to assert that the County is actually worsening its financial position by obtaining permission from the voters to adopt a tax measure that will continue to fund essential public services, on the grounds that the measure is time-bound. It seems to assert that unless a tax is implemented with no termination date, the County is placing its future fiscal health in “serious risk” and that the County would be in a better financial position if no tax had been adopted at all. Interpreted as written, this finding indicates a significant lack of understanding about basic principles of government finance, election procedures, and the County’s implied contract with the electorate to be prudent in the amount of money it is asking for and the amount of money it is spending. It is important to note that the County is structurally underfunded. The majority of its residents live in unincorporated areas requiring city-like services such as parks and planning, while the County is also mandated to provide countywide services such as social services, public health and elections. Additionally, the County receives a much lower per-capita property tax revenue to provide these services compared to its peers as noted in the report. The approval of Measure G has strengthened the County’s fiscal position and allowed the County to invest in projects, programs and services desired by the public including the creation of the Office of Response, Recovery and Resilience, the Housing for Health Division, improved parks maintenance and capital projects, such as LEO’s Haven at Chanticleer Park and Simpkins Family Swim Center renovations, affordable housing development, and homelessness and mental health services, while also providing flexibility to respond to the unprecedented disasters of the COVID-19 pandemic and the CZU wildfires. By providing a small supplement to the County’s General Fund, Measure G has fostered many positive investments in the community. It was appropriate to place a time limit on this tax such that its impacts and burdens may be reanalyzed at a time in the future when the County’s financial outlook may not require the County to continue to collect it. It is unfortunate that this effort to demonstrate fiscal prudency appears to be misunderstood. Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R7
Page 242
By January 1, 2023, the Santa Cruz County Board of Supervisors should appoint a citizens oversight committee to oversee, review, and advise the Board on a more detailed Measure G report, showing Measure G revenues and expenditures as described in Finding 7 on a periodic basis (semiannually or quarterly). (F7, F8, F9) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: As previously noted, Measure G is a general tax. The language of the measure does not include any provision to establish an agency, commission or committee. The County does not believe it is appropriate to establish such a committee to oversee the use of General Fund monies – the Board of Supervisors is responsible for this, and it does not make sense to have an advisory commission related to a portion of monies that are mixed with other monies, all of which are subject to the Board’s and the County’s shifting priorities. The Board of Supervisors is elected to prioritize and execute spending of General Fund monies and the public has ample opportunities to express to their duly elected representatives what their desires are for funding County-wide initiatives and services. It would not be useful to invest government time and resources into a new layer of bureaucracy that is duplicative and unnecessary. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 235 How a Community Center Became a “Library” The Transformational Power of Measure S Funds
F9
Page 238
Other California cities and counties have demonstrated that Santa Cruz County can honor its promise for citizens oversight of Measure G expenditures. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): The premise of this finding is fundamentally flawed, in that argumentatively asserts that the County is not “honoring” a promise for citizen’s oversight of Measure G expenditures. As previously noted, members of the public have regular oversight of General Fund expenditures through their ability to determine how General Fund monies are being spent and their ability to provide public input to the Board of Supervisors when the Board creates and approves budgets and approves expenditures. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 231
Related Recommendations (1)
R7
Page 242
By January 1, 2023, the Santa Cruz County Board of Supervisors should appoint a citizens oversight committee to oversee, review, and advise the Board on a more detailed Measure G report, showing Measure G revenues and expenditures as described in Finding 7 on a periodic basis (semiannually or quarterly). (F7, F8, F9) __ HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – __ summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain the scope and timeframe __ (not to exceed six months) _X_ WILL NOT BE IMPLEMENTED – explain why Required response explanation, summary, and timeframe: As previously noted, Measure G is a general tax. The language of the measure does not include any provision to establish an agency, commission or committee. The County does not believe it is appropriate to establish such a committee to oversee the use of General Fund monies – the Board of Supervisors is responsible for this, and it does not make sense to have an advisory commission related to a portion of monies that are mixed with other monies, all of which are subject to the Board’s and the County’s shifting priorities. The Board of Supervisors is elected to prioritize and execute spending of General Fund monies and the public has ample opportunities to express to their duly elected representatives what their desires are for funding County-wide initiatives and services. It would not be useful to invest government time and resources into a new layer of bureaucracy that is duplicative and unnecessary. [Returnto Table of Contents] 2021–2022 Consolidated Final Report with Responses 235 How a Community Center Became a “Library” The Transformational Power of Measure S Funds