Santa Cruz County Grand Jury • 2003-2004

Investigation of the Impact of Land Use Decisions on Local Government Finances

Published: January 29, 2004 30 pages
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Note: Missing finding numbers detected: F16, F17

Findings and Recommendations 17 findings

F1
Because financial stability is not the only requirement for a healthy community, a successful long-term development plan must be based on a balanced land use policy that provides for all types of uses.
No recommendations for this finding
F2
Much of the property located in the county’s jurisdiction is zoned for residential use and located in such areas as Pasatiempo, Rolling Woods, and Whispering Pines between Santa Cruz and Scotts Valley and Live Oak, Soquel, Rio Del Mar, and La Selva Beach along the central coast of the county. Response: Santa Cruz County Board of Supervisors PARTIALLY AGREES Much of the property located in the County is zoned for residential use. However, most of the unincorporated area is designated either agriculture or residential. Response: LAFCO AGREES
No recommendations for this finding
F3
The lack of a commercial base prevents the incorporation of these residential areas into self-sustaining cities despite their individual community identity. Response: Santa Cruz County Board of Supervisors DISAGREES Some of these residential areas are simply large subdivisions from the 1940’s, 50’s and 60’s (Pasatiempo, Whispering Pines, Rolling Woods, Rio Del Mar, Seascape, etc) that are too small to be considered for individual incorporation and too isolated to combine with other neighborhoods. Other areas (such as Live Oak, Soquel, La Selva, Aptos, Seacliff, etc) are diverse communities comprising numerous smaller neighborhoods. These communities are loosely tied to special district service areas such as elementary and middle schools. They may or may not have associated commercial areas that tend to be relatively small and serve the local neighborhood. These areas are probably not fiscally appropriate for incorporation and would not be “self-sustaining cities.” Response: LAFCO AGREES -22 Investigation of the Impact of Land
No recommendations for this finding
F4
While many government services in the unincorporated area can be financed through the formation of special districts, other services such as law enforcement impose a significant burden on county finances. Response: Santa Cruz County Board of Supervisors AGREES Response: LAFCO AGREES
No recommendations for this finding
F5
The lack of an extensive commercial retail base also creates challenges for funding the necessary development and maintenance of infrastructure for the large residential areas. Response: Santa Cruz County Board of Supervisors AGREES Response: LAFCO AGREES
No recommendations for this finding
F6
Because of this, the county has made extensive use of its Redevelopment Agency (RDA) to improve neglected infrastructure in Live Oak and Soquel. Response: Santa Cruz County Board of Supervisors DISAGREES The County adoption of a redevelopment plan for the Live Oak and Soquel areas in 1987 was not due to the lack of commercial base in the area. It was mostly due to other circumstances, including: a. the rapid rate of urbanization of the Live Oak and Soquel communities following the passage of Measure J, which directed the majority of new growth into the urban areas; b. delayed community support for the need for urban services in the area as development patterns changed; and c. the impact of Proposition 13 causing new residential development to not pay its fair share for services. If the area had contained larger commercial areas that generated higher tax revenues, those revenues would have improved the County’s ability to provide services to the areas. But it is unlikely that tax revenues would have been high enough to support the cost of the needed infrastructure improvements. Response: LAFCO AGREES
No recommendations for this finding
F7
Because a significant portion of the property tax revenues in Live Oak and Soquel are thus committed to servicing the debt accumulated by the county’s RDA, incorporation or annexation of these areas would encounter further difficulties in the next 10 years until this debt can be paid off or manageably assumed by some other party. Response: Santa Cruz County Board of Supervisors DISAGREES Investigation of the Impact of Land -23 The County disagrees in part with the finding. To the extent that the existence of a redevelopment agency and its related debt accumulation serves as a disincentive to incorporation or annexation, it is not clear how that will change in the next 10 years. Most likely any current disincentive will continue, barring a change in the current tax structure, until the agency’s debt has been substantially reduced, which will be in 20-30 years. Response: LAFCO AGREES
No recommendations for this finding
F8
The political reorganization of the central county is not a new issue. Prior to the annexation of the western half of Life Oak to the City of Capitola, LAFCO commissioned a study of the options available. Many of the issues have not changed and the study’s recommendations would be a useful starting place. Unfortunately, the report was completed in 1969 and is sorely out of date. Response: Santa Cruz County Board of Supervisors AGREES The County is unclear as to the meaning of “a useful starting place.” Otherwise, the County agrees with this finding. Response: LAFCO AGREES The report titled “Mid-Santa Cruz County to Seek a Shape for the Future” is available for review at the LAFCO office and is out of date.
Related Recommendations (1)
R4
LAFCO should commission a study of the available options for the political reorganization of the residential communities of the central county. An analysis of actions taken in similar regions should play a large role in this examination. Response: Santa Cruz County Board of Supervisors The County cannot respond to this recommendation because the County does not direct LAFCO activities. Response: City of Capitola This requires further analysis. Should LAFCO determine to undertake such a study, the City of Capitola will participate, and make comments and recommendations, based upon the results of such a study. Response: City of Santa Cruz Investigation of the Impact of Land -29 The recommendation will not be implemented because it is not warranted. It is not likely that the City would be an interested party to such a process. Response: City of Scotts Valley This recommendation has not been implemented, but should LAFCO begin such a study, the City of Scotts Valley would participate and provide data required by LAFCO. Response: LAFCO Will not be implemented because it is not warranted or is unreasonable, with an explanation. This recommendation is neither unwarranted nor unreasonable, but we chose that particular response category to be frank concerning the resources that LAFCO has available and the work program we anticipate for the next two years. LAFCO, with a full-time staff of two, is now completing its review of a proposal by the San Lorenzo Valley Water District to expand its sphere of influence to include Felton. The next project on the work program is the Countywide Service Review, which LAFCO is required by state law to complete by January 1, 2006. This review will evaluate all municipal services (fire, water, sewer, parks, etc.) in all communities of the county. It will quantitatively compare the services, and therefore would be a good baseline study from which a mid-county reorganization study could later be based if there is sufficient interest. Measure U, which was passed by the voters of Watsonville in November 2002, directs the City Council to revise its general plan and to apply to LAFCO for a series of annexations. This type of proposal is unprecedented in California, and LAFCO will need to work carefully on both its duty to conduct a fair hearing on the annexations, and to craft any approval that will cover a twenty year time period. Also, in advance of the next drought, LAFCO wants to review its water policies in an effort to adopt clearer public policy concerning municipal annexations, water agency annexations, and reorganization of water services. LAFCO is funded 1/3 by the County, 1/3 by the Cities, and 1/3 by the Independent Special Districts. Many of these agencies are finding it difficult to maintain services at levels that the community residents have become accustomed. LAFCO with its duties to regulate city and district boundaries is a good lead agency for intergovernmental reorganization studies. LAFCO would consider taking the lead in a central county reorganization study if sufficient interest were demonstrated by residents and affected governmental boards, and funding were identified.
F9
Historically, the land available to develop the potential retail base necessary to support the mid-county area was a part of the County’s jurisdiction. In the early 1970’s, after considerable conflict and discussion among local jurisdictions, this area, located in the western portion of Live Oak, was annexed by the City of Capitola, and developed as the 41st Avenue mall. Response: Santa Cruz County Board of Supervisors AGREES Response: LAFCO AGREES General Conclusions
No recommendations for this finding
F10
The development of the commercial areas necessary to support these unincorporated residential areas would not benefit the region as a whole as they would compete with other previously existing commercial developments. Investigation of the Impact of Land -25
No recommendations for this finding
F11
The future political organization of the central county residential communities is of great importance to the coming financial condition of the county and to the quality of life of the residents of these communities. Decisions should not be made without a thorough examination of all available options.
Related Recommendations (1)
R5
The Board of Supervisors, in conjunction with LAFCO and the cities of Capitola and Scotts Valley, should revisit the political organization of the central part of the county. While it is tempting to recommend the immediate incorporation of Live Oak into the City of Capitola for the beneficial effects it is likely to have on both jurisdictions, the issues -30 Investigation of the Impact of Land related to this step are truly and understandably daunting. However, this is an important issue impacting on the long-term development of the county and should be examined thoroughly. Specifically, the feasibility of the various options for reorganization should be committed to extensive study and fully presented for public discussion and input. Response: Santa Cruz County Board of Supervisors The County will not implement this recommendation because it is unreasonable. Until such time as the State of California provides a financial environment for local government where long range financial planning is possible, a thorough examination of this issue is very difficult. Response: City of Capitola This requires further analysis. If the county were to take the lead in such a study, the City of Capitola will participate, and make comments and recommendations. Response: City of Santa Cruz The recommendation will not be implemented. It is not likely that the City of Santa Cruz would be an interested party to such a process. Response: City of Scotts Valley This recommendation has not been implemented, but should such a study go forward, the City of Scotts Valley would participate and provide necessary data to the extent required by the lead agency doing the study. Response: LAFCO Will not be implemented because it is not warranted or is unreasonable, with an explanation. This recommendation is not unreasonable. As explained in our response to Recommendation 4 on -12, LAFCO is using its limited resources to accomplish the high-priority items on its work program. If many residents and the
F12
One or more of the mid-county areas and particularly Live Oak could be annexed to adjacent cities.
No recommendations for this finding
F13
The areas located between Santa Cruz and Scotts Valley could be annexed to either or both of these cities.
No recommendations for this finding
F14
Alternatively, a number of these areas and possibly previously existing cities could be reformed into a larger city with city government based on community representation following the City of Fremont model. General Recommendations
No recommendations for this finding
F15 Page 12
Strategic plans seek to match general land use decisions with expected future demands for services by identifying the specific goals for economic development necessary to meet these expected service demands. Response: Santa Cruz County Board of Supervisors AGREES Response: City of Capitola MOSTLY DISAGREES In our opinion, this statement seems to say that strategic plans are all about efforts to attract economic development so that local governments receive revenues (such as sales taxes) to pay for services. In our opinion, it is not accurate to define strategic plans so narrowly. A strategic plan is a way to articulate and adopt a strategy for achieving a goal, whatever that goal may be. For example, a community could adopt a strategic plan for developing a residential community within an existing commercial corridor, or a strategic plan for downtown revitalization, or a strategic plan for preserving agricultural lands and support industries. Response: City of Santa Cruz DISAGREES The content of the strategic plan depends on local goals and doesn’t necessarily need to match up specific services with specific economic development goals. Response: City of Scotts Valley AGREES Response: City of Watsonville AGREES -14 Investigation of the Impact of Land 16. As an added benefit, to encourage implementation of the general or strategic plan, some jurisdictions have required relevant city or county departments to identify in their annual budget statements the actions they are taking to implement these goals and policies. Response: Santa Cruz County Board of Supervisors AGREES Response: City of Capitola AGREES Response: City of Santa Cruz DISAGREES That is not the case in the City of Santa Cruz. Certain goals of the General Plan were not expected to be achieved during the life of the plan. Response: City of Scotts Valley AGREES Response: City of Watsonville AGREES 17. At least one local city manager has repeatedly, over a number of years, recommended the adoption of a strategic plan to deal with the anticipated revenue short falls we are currently experiencing. Response: Santa Cruz County Board of Supervisors Without more specific information, the County is not in a position to either agree or disagree. Response: City of Capitola DISAGREES The City of Capitola City Council disagrees. The Council is unclear on how to respond to this finding, and without understanding or clarity the Council cannot respond in the affirmative. The Council does not know who the antecedent to “we” is. The current City Manager of the City of Capitola has made no such request. Response: City of Santa Cruz PARTIALLY AGREES While we cannot comment about other local city managers, it is a fact that the Santa Cruz City Manager has repeatedly communicated the need for fiscal stability with respect to economic development. Response: City of Scotts Valley AGREES Response: City of Watsonville We have no knowledge of this.
Related Recommendations (2)
R1
The Board of Supervisors of the County of Santa Cruz and the City Councils of each of the four cities located in the county should amend their general plans to include a strategic plan. These strategic plans should include goals for economic development calculated to meet the revenue demands necessary to provide the level of services expected by their citizens. Response: Santa Cruz County Board of Supervisors This recommendation requires further analysis. The Board of Supervisors may wish to consider the addition of such a plan to the General Plan or re-structuring the format and presentation of the existing General Plan at the time that the next update to the General Plan is initiated. However, until such time as the State of California provides a financial environment for local government where long range financial planning is possible, it is difficult to consider the expenditure of public funds on further plans. Response: City of Capitola MOSTLY DISAGREES In our opinion, decisions about whether this type of strategic plan would be desirable should be a decision of each local government, based on conditions, priorities, and communications with residents. There are a variety of ways of planning to ensure that revenues/resources are available to meet service demands, and reliance on planning for economic development to provide is an unnecessarily narrow approach. Response: City of Santa Cruz The recommendation will not be implemented because it is not warranted. The City’s General Plan will include an Economic Development Element that addresses these issues. -26 Investigation of the Impact of Land Response: City of Scotts Valley The City of Scotts Valley has implemented this recommendation, but in a different way than suggested by the Grand Jury and disagree that economic development alone can provide all of the revenues needed to provide the services demanded by the community. The Scotts Valley City Council adopted an Economic Development Plan in 1996. Although not a part of the General Plan, the Economic Development Plan focuses on balancing land uses and businesses to assist in providing needed services within the community. This Plan provides mechanisms to reduce sales tax leakages caused by residents shopping for certain retail items outside of our City. The ability of a City to achieve specific budgetary goals via economic development may not always be possible. Each city is greatly influenced by demographic factors which the City may or may not be able to control. The business and retail sector make choices about how and where they locate, these decisions are not easily influenced by local government. Without having the “right demographic profile” a jurisdiction cannot influence a needed business to locate there if the business knows that they cannot be financially viable. This has been a key struggle for Scotts Valley due to our current number of residents, the topography of the area, which limits development (and the number of persons within a geographic area) and, the proximity to other retail corridors such as 41st Avenue which is the desired location for most major retailers who choose to locate in the County of Santa Cruz. Response: City of Watsonville PARTIALLY AGREES The City of Watsonville has a separate Strategic Plan which the covers the need for economic development within the City. The City also continues to evaluate the current balance of Commercial, Industrial, Residential and Agriculturally zones land. This balance is somewhat of a moving target in that the activity in, and demand for, any of these uses is constantly changing and is difficult to predict. This balance of uses is a major consideration whenever requests for rezoning are received. We also believe that due to the changing nature of the economy that the strategic plan should not be adopted within the general plan, but as a separate document and subject to continual review and revision
R2
The Board of Supervisors of the County of Santa Cruz and the City Councils of each of the four cities located in the county should require relevant departments to identify, in their annual budget statements, the steps they are taking to implement the goals and policies outlined in their general plans. Response: Santa Cruz County Board of Supervisors This recommendation has been implemented. The County budget instructions direct each department to provide a brief overview of the major purposes and functions of the department and to list the major programs and services. These descriptions include workload statistics and narrative descriptions of the affected departments’ efforts to implement the General Plan. Investigation of the Impact of Land -27 Response: City of Capitola DISAGREES The City Council of the City of Capitola agrees that annual reporting of progress with implementation of General Plan goals and policies is a good idea. Presently, the Capitola Budget includes a section for each department for providing notes about recent and current projects of the departments. Further, the City’s Five Year Capital Improvement Plan is reviewed by the Planning Commission each year for consistency with the General Plan. A more elaborate reporting on all of the General Plan goals and policies is probably best done as a document separate from the budget, such as the Annual Report on the General Plan, which is required by section 65400(b)(1) of the state Planning, Zoning and Development Laws. Response: City of Santa Cruz The recommendation will not be implemented because it is not warranted. City departments do not make “annual budget statements.” Appropriate reports are issued on an as-needed and requested basis. Response: City of Scotts Valley The City of Scotts Valley has adopted a Mission Statement for the City which is part of the General Plan. Each year the City Council, prior to the budget process, adopts goals and objectives that facilitate the Mission Statement of the City. Once those are established, the resources are provided for during the budget process. In addition, the City of Scotts Valley annually reviews compliance with the General Plan Goals and Policies and this review is concluded at a City Council meeting, with adoption of a resolution. The progress is then reported to the State of California as required by law. This review is done in conjunction with the budget process. Response: City of Watsonville AGREES The City of Watsonville requires that each Capital Improvement Project item include a description of its relevance to meeting the general plan requirements. Jurisdiction Specific Recommendations
F18 Page 13
Most areas in this county are considered to be low revenue generating jurisdictions. Investigation of the Impact of Land -15 Response: Santa Cruz County Board of Supervisors Without additional information, the County is not in a position to either agree or disagree. Response: City of Capitola DISAGREES The Council is unclear on how to respond to this finding, and without understanding or clarity the Council cannot respond in the affirmative. The grand jury report has not made clear what is meant by “low revenue generating”, and in what way or manner an “area in this County” is defined. Response: City of Santa Cruz DISAGREES There is a significant amount of revenue-generating activity within the incorporated areas. Response: City of Scotts Valley AGREES Response: City of Watsonville PARTIALLY AGREES We are unclear as to the meaning of low revenue generating. Certainly the City of Capitola, from a sales tax generation perspective, exceeds the revenue of other jurisdictions.
No recommendations for this finding
F19 Page 14
Conversely, many areas of the county demand a high level of government services for geographical reasons and the values and desires of the community. Response: Santa Cruz County Board of Supervisors Without additional information, the County is not in a position to either agree or disagree. Response: City of Capitola DISAGREES The Council is unclear on how to respond to this finding, and without understanding or clarity the Council cannot respond in the affirmative. The grand jury report has not made clear or defined any measure of high or low government service levels, and the “geographical reasons” are undefined and unknown. It is further unclear from the report the manner in which the values and demands of the community relate to the desire for services. Response: City of Santa Cruz AGREES Response: City of Scotts Valley AGREES Response: City of Watsonville AGREES -16 Investigation of the Impact of Land 20. Resulting attempts by local jurisdictions to boost revenue derived from retail development often put neighboring jurisdictions in competition with each other. Response: Santa Cruz County Board of Supervisors It is true that such situations can occur, but without specific information, the County has no basis for agreeing or disagreeing with this finding. Response: City of Capitola DISAGREES The Council is unclear on how to respond to this finding, and without understanding or clarity the Council cannot respond in the affirmative. The grand jury report has not made clear the “specific attempts to boost revenue”, nor have they made clear the manner, specifically, in which jurisdictions are competing with each other for retail development. Response: City of Santa Cruz AGREES Response: City of Scotts Valley AGREES Response: City of Watsonville AGREES City of Santa Cruz Findings 1. The citizens of the City Santa Cruz generally demand a high level of services. Response: City of Santa Cruz AGREES 2. Interviews with local government and business leaders indicate that the City of Santa Cruz has a reputation for being hostile to business development Response: City of Santa Cruz PARTIALLY AGREES This is a perceived perspective that is a result of land use decisions for controversial projects. However, the City has maintained efforts to counter this perspective with its retention and recruitment programs.
No recommendations for this finding

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

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