Santa Cruz County Grand Jury • 2009-2010

PDF of complete 2009-10 Grand Jury Final Report

Published: June 22, 2010 186 pages Consolidated Report
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Note: Missing finding numbers detected: F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49

Findings 28 findings

F1
The City of Watsonville appeal process is outlined and governed by three documents: the City Charter, the Municipal Code, and the Rules and Procedures of the Personnel Commission.
F2
Per the Watsonville Municipal Code and the City Charter, recommendations made by the Personnel Commission are only advisory to the city manager
F3
Prior to the hearing on August 20, the city did provide dinner for persons involved in the hearing. An agenda was posted announcing the dinner. The commissioners attended, as did the city attorney and the department manager defending the disciplinary action. In fact, the manager greeted and admitted one of the commissioners into the room where the dinner took place.
F4
Those interviewed confirmed that the commissioner knew the department manager and that they did exchange salutations, but that nothing was said regarding the appeal. The hearing was not discussed during dinner. However, some of the commissioners also were concerned about the potential appearance of collusion.
F5
The employee who requested the Commission hearing could have attended the dinner but would have been required to purchase his meal; however, he was not told he could attend.
F6
The hearing was held after dinner. All parties were represented by counsel, including the commissioners, who were represented by the city attorney. When the hearing was completed, the commissioners went into closed session with the city attorney for deliberations. The city attorney provided clarification and advice when requested by the commissioners; the attorney only answered questions asked by the commissioners and did not influence their decision on the appeal.
F7
The Watsonville city attorney advises and represents the city council and all city boards and commissions. The Santa Cruz city attorney and the Capitola city attorney similarly advise and represent the city councils and all boards and commissions in their cities. However, the Watsonville City Charter, unlike the charters of these other cities within the county, does not explicitly include commissions and committees for city attorney representation. Does Appearance Trump Substance? ∫ 3 Conclusions C1. The Personnel Commission conducted the appeal in accordance with the requirements of the City Charter, the Municipal Code, and the Rules and Procedures of the Commission, and there were no errors in the manner in which the hearing was accomplished. C2. There is a need to ensure that all participants receive a fair and impartial hearing by an independent judge. Although the dinner was not an illegal action, the mingling of commissioners with management prior to the hearing could result in a perception of bias that may undermine the credibility of the Personnel Commission in the eyes of the participants and the general public. C3. The addition to the City Charter of specific language about the city attorney’s representation of city commissions and committees would help to clarify the role and eliminate speculation about the legitimate powers and duties of that attorney.
F8
Approximately $200 million is spent annually in California to arrest, prosecute and incarcerate marijuana offenders. (This figure includes the $75 million from F7 above.) Allocating that cost to Santa Cruz County on a per capita basis would result in annual costs of $1.36 million. The Fiscal Impact of the Legalization of Cannabis ∫ 11 Calculation: CA population of approximately 38 million people Santa Cruz County population of 260 thousand people or 0.68 percent 0.68 percent of $200 million = $1.36 million in annual costs Revenue Findings
F9
The Santa Cruz Narcotics Enforcement Team seized approximately $150,000 in cash and property in 2008 and approximately $370,000 in cash and property in 2009. The Santa Cruz County Sheriff’s Department received a $30,000 grant in 2009 from the Federal Drug Enforcement Administration (DEA) under the Federal Domestic Cannabis Eradication and Suppression Program (DCESP) specifically to pay for overtime hours, training, and the purchase of equipment specific to marijuana-related crime enforcement.
F10
Santa Cruz County collects an unknown amount of revenue from marijuana-related fines; revenue is unknown because it is not tracked on a per offense basis. The fine for possession of less than one ounce of marijuana (11357b) is up to $270. However, since the County system doesn’t track fines per offense and since the fine amounts vary, the Grand Jury cannot estimate the current revenue for pot offenses.
F11
Based upon our assumptions about legalization and taxes, the State of California would collect approximately $400 million in additional sales tax revenue; the Counties would collect about $990 million in excise tax revenue. The State of California would collect additional income tax revenue from people working in the cultivation, production, and sales of marijuana.
F12
The County of Santa Cruz hypothetically would receive $129,200 in marijuana sales tax revenue from the state. This number was calculated with an assumption of 19 million ounces of annualized statewide consumption allocated on a per capita basis to Santa Cruz County with a minimum sale price of $100 per ounce. Calculation: CA population of approximately 38 million people Santa Cruz County population of 260 thousand people or 0.68% 0.68% of 19 million ounces = 129,200 ounces * $100/ounce 1% of sales tax revenue is returned to the County Sales tax to Santa Cruz County of $129,200
F13
The County of Santa Cruz hypothetically would receive $6.46 million in marijuana excise tax revenue if the County collected $50 per ounce. This number was calculated with an assumption of 19 million ounces of annualized statewide consumption allocated on a per capita basis to Santa Cruz County. Calculation: CA population of approximately 38 million people Santa Cruz County population of 260 thousand people or 0.68% 0.68% of 19 million ounces = 129,200 ounces $50 per ounce * 129,200 ounces = $6.46 million excise tax 12 ∫ Santa Cruz County Grand Jury Final Report 2009-2010 Conclusions C1. Although the federal government recently announced that it would no longer prosecute medical marijuana patients and providers whose actions are consistent with State laws, it has continued to enforce its laws on non-medical marijuana activities. To the extent that the federal government continued to enforce existing federal laws, it would inhibit the legal cultivation, sales, and use of marijuana in California even if the State legalized it for recreational purposes. C2. Santa Cruz County spends considerable resources, roughly $1.36 million based upon statewide estimates, enforcing existing marijuana laws through law enforcement, the courts, and jails. If marijuana were legal, it could result in savings to our local government by reducing the number of marijuana offenders incarcerated, reducing the associated time and costs for enforcement of marijuana-related offenses, and also the handling of related criminal cases in the court system. Costs associated with new marijuana regulations and the County’s collection of excise taxes are unknown. C3. Legalizing marijuana may result in the reduction of County revenues from fines for marijuana infractions, and it could reduce the cash and property seized by the Santa Cruz Narcotics Enforcement Team. It is unlikely that the county would receive another DCESP grant from the DEA. The County could impose additional fines and fees associated with a new law, but the net monetary effect is unknown. C4. The State of California would realize additional revenues from sales taxes generated by retail sales of legal marijuana. Some of those sales taxes, $129,200 based on the assumptions in this report, would come back to the County. The State also could realize additional income tax revenue from people involved in the business of marijuana cultivation, production, and sales. Santa Cruz County would derive some indirect benefit if the State were in better financial health as a result of marijuana legalization and taxation. Finally, Santa Cruz County would gain direct monetary benefit, $6.46 million based upon the assumptions in this report, from a $50 per ounce excise tax. The chart on the next page provides a summary of the Grand Jury’s calculations to provide a net estimated increase in revenue to Santa Cruz County of over $7.5 million if marijuana were legalized for recreational use. C5. It seems clear that, legal or not, millions of ounces of marijuana are going to be smoked each year in California. The Fiscal Impact of the Legalization of Cannabis ∫ 13 Changes in Revenues and Costs Associated With the Legalization of Marijuana Inc/(Dec) In Revenues (Inc)/Dec In Costs Revenues: Sales Tax: Price per ounce $ 100 Estimate # of ounces to be sold 19,000,000 Total Sales $1,900,000,000 Santa Cruz County population as a % of total CA population 0.68% Sales attributed to Santa Cruz County $ 12,920,000 Santa Cruz County portion of sales tax 1.00% Sales tax to Santa Cruz County $ 129,200 $ 129,200 Excise Tax: Estimated # of ounces to be sold 19,000,000 Santa Cruz County population as a % of total CA population 0.68% # of ounces attributable to Santa Cruz County 129,200 Estimated excise tax per ounce $ 50 Excise tax to Santa Cruz County $ 6,460,000 $ 6,460,000 Revenue lost: Loss of fines related to marijuana $ Unknown Loss of DCESP Grant $ (30,000) Estimated Cash and property seized based on 2008 actual – no longer available $ (370,000) Costs: Amount spent annually in CA to arrest, prosecute, and incarcerate marijuana offenders $ 200,000,000 Allocate to Santa Cruz County based on CA population 0.68% Estimated cost savings to Santa Cruz County $ 1,360,000 $ 1,360,000 Additional possible costs related to legalized marijuana: Licensing and collection of taxes, etc $ Unknown Others $ Unknown ____________ Net Estimated Increase in Revenue to Santa Cruz County $ 7,549,200 14 ∫ Santa Cruz County Grand Jury Final Report 2009-2010
F14
The Friends recently expanded the list of current volunteer needs posted on its web site. It does not include checking out books, however, which limits the possibility of using volunteers to keep the libraries open more hours. Library Services and the Strategic Plan In December 2008, the past library director retired after 25 years of service. There was an interim director for a brief time while the JPB and the City of Santa Cruz recruited and hired a new director, who joined the SCPL system in July 2009. Under new leadership, the SCPL undertook an ambitious series of town hall meetings and focus group sessions with the goal of developing a community-based plan for the next five years. The town hall meetings were centered on the library branches. The focus groups were of assorted demographics (seniors, Latinos, business leaders, teens, educators, the homeless, a lady’s club, et cetera). The data collected through these activities was supplemented with information from 136 ∫ Santa Cruz County Grand Jury Final Report 2009-2010 about 2,500 surveys gathered over the internet and in person at grocery stores and farmers markets in the county. The result is the 3-5 Year Strategic Plan, 2010-2015, presented to the JPB and the public on Monday, April 19, 2010. The strategic plan that was developed is not intended to solve current budget problems but rather to provide the system with a focused future.
F15
What was discovered through the planning process was not a surprise: library patrons use their local libraries, but they also enjoy visiting other libraries in the system. This is supported by the data in the chart that follows on illustrating where people from each community check out their library materials. These percentages are based on numbers from the 2007/08 fiscal year, before the serious reduction in open hours. The first, second, and third most frequently used libraries (in terms of circulation) for each residential area are color-coded. You can see that patrons from all communities in the county check out books from the Central library, with the Aptos and Scotts Valley branches being second and third most popular.
F16
There was considerable consistency in library service priorities, with reading, viewing, and listening for pleasure; lifelong learning; creating young readers; and connecting with the online world being generally the highest ranked. One notable contrast was the attitude of some among the more mature population who favor local branches and believe libraries must be about books and personal service, while others among the younger population suggest that there will be fewer branches in the future and libraries will be less about books and more about technology. Everyone, regardless of age, wants the libraries open many more hours and on regular schedules. Saving the Branches May Kill the Tree ∫ 137 8002-7002 hcnarB hcaE ta noitacoL emoH reworroB yb stuO kcehC fo egatnecreP 51F hcnarB yrarbiL cS avleS aL dleifraG redluoB kaO eviL notleF lartneC alotipaC etroficnarB sotpA hcaeB kraP keerC %4 %2 %0 %0 %21 %5 %2 %1 %37 sotpA %3 %2 %0 %0 %73 %8 %1 %2 %74 samorA %3 %0 %0 %12 %02 %1 %2 %9 %2 dnomoL neB %1 %0 %0 %3 %41 %0 %1 %86 %1 keerC redluoB %2 %0 %1 %8 %52 %1 %1 %73 %01 eladkoorB %31 %1 %1 %0 %61 %15 %2 %0 %41 alotipaC %3 %1 %0 %0 %21 %6 %2 %0 %57 sotilarroC %1 %0 %7 %1 %38 %1 %3 %0 %2 tropnevaD %2 %0 %0 %63 %42 %1 %2 %2 %1 notleF %1 %1 %51 %1 %04 %2 %2 %0 %73 modeerF %1 %74 %0 %0 %11 %2 %4 %0 %33 hcaeB avleS aL %35 %0 %0 %0 %32 %11 %7 %0 %3 kaO eviL %1 %0 %0 %71 %21 %1 %4 %1 %2 nomreH .tM %2 %3 %0 %0 %8 %3 %1 %0 %28 raM leD oiR %4 %0 %01 %1 %36 %2 %61 %0 %2 ytiC zurC atnaS %7 %0 %3 %1 %04 %11 %81 %0 %4 tuO zurC atnaS %1 %0 %0 %1 %21 %1 %1 %0 %1 yellaV sttocS %1 %0 %0 %0 %5 %3 %1 %0 %88 ffilcaeS %9 %1 %1 %0 %02 %93 %3 %0 %62 leuqoS %3 %0 %1 %2 %63 %6 %6 %0 %4 procninU ytnuoC CS %4 %9 %1 %0 %72 %7 %4 %0 %54 ytiC ellivnostaW %7 %9 %0 %1 %54 %8 %31 %0 %41 tuO ellivnostaW %4 %1 %4 %6 %25 %5 %3 %1 %11 aerA fo tuO %01 %1 %4 %3 %43 %8 %8 %4 %51 slatoT noitacol emoh rep stuokcehc fo rebmun ni drihT noitacoL emoH stto yellaV %1 %0 %14 %21 %61 %2 %2 %2 %13 %0 %1 %1 %16 %1 %2 %61 %28 %1 %1 %24 %2 %4 %41 %31 noitacol emoh rep stuokcehc fo rebmun tsetaerG noitacol emoh rep stuokcehc fo rebmun ni dnoceS morf elpoep erehw setartsulli trahc sihT .metsys eht ni seirarbil rehto gnitisiv yojne osla yeht tub ,seirarbil lacol rieht esu snortap yrarbiL smeti rehto dna skoob rieht fo tnecrep 37 tuo kcehc sotpA ni gnivil elpoep ,ecnatsni roF .slairetam rieht tuo kcehc ytinummoc hcae no desab era segatnecrep esehT .yrarbil alotipaC eht morf tnecrep 5 dna yrarbil lartneC eht morf tnecrep 21 ,yrarbil sotpA eht morf .sruoh yrarbil ni snoitcuder suoires eht erofeb ,raey lacsif 8002/7002 eht morf srebmun 138 ∫ Santa Cruz County Grand Jury Final Report 2009-2010
F17
One important part of the Strategic Plan is the section entitled “Change for the Future,” a description of five current trends in public library services that the SCPL has identified and committed to in the coming years as it pursues its vision of Transforming lives and supporting communities. Succinctly, the five trends are: 1. Patrons get service at the level they want – more self-service in checking out materials, placing and picking up holds, editing own accounts, paying fines; and single point of service, 2. Rebranding and marketing – establishing the library as a relevant resource through evolving services and better marketing of those services, 3. Local focus – providing local content that is unavailable elsewhere and taking library services outside into the community, 4. Remote delivery of services – associated with self-service; downloadable materials, e- books, podcasts; online payment of fees, and 5. User involvement – use of social media like Twitter, Facebook, and Wikis.
F18
Despite the budget problems, the SCPL offers an amazing range of outreach programs and in-house events. Through the efforts of library employees and Friends volunteers, there are programs for special populations like toddlers and young readers, students of all levels, teens, film and gaming enthusiasts, the elderly, the sight impaired, and the developmentally disabled. There are special holiday events, including pumpkin carving and gingerbread workshops. Programs and Partnerships was begun in September 2009, involving local businesses in library activities. It includes the “Book Wish List” being supported by local bookstores. Other businesses have held fundraisers, and still others have partnered with the library in offering parents and children in-store workshops and story-times. The Budget Funding for the libraries comes from five sources: • county property taxes and Santa Cruz and Watsonville city general funds • the ¼ cent sales tax approved by voters first in 1996 and then again in 2008 • library fees and fines • a State of California Public Library Fund grant • income from bequests and trusts The sales tax and monies from the city general funds are allocated to the SCPL and the Watsonville Library each year by a Library Financing Authority; the funds are divided using a population-based formula. The city of Santa Cruz provides administrative, financial, human resources, and legal services to the SCPL; they charge the library system a flat 5.5% of its total revenues for these services.
F19
In March 2009, after two years of generous sales tax revenues, the SCPL had no cash reserves. In April 2009, the JPB set guidelines for the FY 2009/10 budget that included establishing and maintaining ongoing cash reserves of at least 5% of its annual budget and dedicating at least 8% of its operating budget to books and media. These goals were not met in the FY 2009/10 budget, and they are not being met in the budget proposed for FY 2010/11. Saving the Branches May Kill the Tree ∫ 139
F20
Over the last decade, prior and present library administrators have proposed or recommended closing from one to six branches to benefit the balance of the library system. However, in May 2009, the JPB directed library management to develop a balanced budget for FY 2009/10 that did not close any branches. They provided the same direction this April while facing even greater challenges to the system, essentially “kicking the can down the street a bit farther,” in the words of one board member.
F21
The SCPL may be able to balance the budget through deep cuts in personnel and services, but there is a cash-flow problem. The City of Santa Cruz loans the library the cash for payroll and other payables; it covers the actual cash deficit between the time expenses are paid and revenues are received. Currently this loan balance averages between $1 million and $1.4 million. The City charges interest at portfolio rates (in April 2010, about 1.4%), but beginning with the 2011/12 fiscal year the interest will rise to portfolio rates plus 2% (about 3.4% if the portfolio rate was still 1.4%); in the meantime the City will cap the loan at $1 million. The additional interest will add to the cost of operating the library system, and staff stated that, with a cap, some bills will not be paid in a timely manner and additional staff time and effort will be required to prioritize payments.
F22
The SCPL has three loans that it must repay, with interest, and substantive rent for headquarters: • First, there is the working capital loan mentioned above, the advance from the City of Santa Cruz to cover the cash requirements on a day-by-day basis. This loan will be outstanding until the SCPL develops the reserves to manage its cash flow. • Second, there is a loan associated with a Santa Cruz County overpayment, a distribution error discovered in 2005. From August 2005 through August 2013, the SCPL must pay annual principal of $40,293 plus variable rate interest. • Third, there is a loan from the city of Santa Cruz for improvements to the new headquarters building. Interest is 5%. In September 2008, the principal was $467,303; the current loan balance is about $430,150. The annual payment is $60,518, and this loan will be paid off in 2018. • The City of Santa Cruz purchased the building at 117 Union Street in Santa Cruz for use as library headquarters, to house administrative and technical services and outreach. The facility is shared with the Water Department, and building expenses are allocated to each according to the square footage occupied. The library’s portion of the annual rent is $287,189, until 2037 when the City’s loan for the building purchase will be paid in full.
F23
While the library staff tabulates a wealth of data about the Santa Cruz community’s library use, (visits per capita, books and materials checked out per capita and per active member; busyness and circulation and visits per open hour, et cetera), there are no established cost accounting measures to gauge the cost of operating the individual branches or the cost of specific library services. The library director prepared a one-time memo detailing the 140 ∫ Santa Cruz County Grand Jury Final Report 2009-2010 monthly and annual costs for the bookmobile in March 2010 upon request from a member of the JPB.
F24
Currently there are no reserves for technology repairs or improvements or for replacing the several SCPL vehicles, including the bookmobile. There are no reserves to finance facility development. There are no emergency reserves.
F25
In FY 2008/09, personnel costs accounted for 73.6% of the budget, while books and materials accounted for 6.3% and technology accounted for 0.8%. Personnel costs are projected to consume 80% of the budget within a few years. While employees have been furloughed about 10% of the time this year and the furloughs will continue into the next fiscal year, retirement programs through the California Public Employees’ Retirement System (CalPERS) have not been fully funded and health insurance rates are expected to rise significantly.
F26
Also in FY 2008/09, the population served per FTE was lower than the State mean (1,735 versus 3,094) and lower than comparable counties’ figures. Expenses per capita were significantly higher than the State mean ($61.90 versus $34.69) and comparable counties’ numbers. Library administration suggested this was “probably because of the relatively large number of branches we have for the population.” The abundance of branches and the reported library policy that at least two employees are required to staff any open library contribute to these outsized numbers. Population Served Per FTE Staff Total Operating Expenditure Per Capita 3500 $70.00 3000 $60.00 2500 $50.00 2000 $40.00 1500 $30.00 1000 $20.00 500 $10.00 0 $- California Santa Cruz San Luis Santa Barbara Monterey California Santa Cruz San Luis Santa Barbara Monterey Average County Obispo County Average County Obispo County County County
F27
Santa Cruz County has more branches, or outlets, per square mile than the comparable counties of Monterey, San Luis Obispo, and Santa Barbara. With a total area of 436 square miles in the county, the service area per outlet averages about 40 square miles. Saving the Branches May Kill the Tree ∫ 141 Service Area per County Population Area in Square Miles Outlet in Square Miles Santa Cruz 209,332 436 40 San Luis Obispo 240,480 3,305 207 Santa Barbara 227,349 1,164 129 Monterey 230,478 3,125 156 Conclusions C1. The mission of the Santa Cruz Public Libraries is to provide materials and services which help community residents meet their personal, educational, cultural, and professional information needs. This is the current mission statement for the SCPL. Although library enthusiasts from around the county participated in the strategic planning process and considered what the library might look like in 2020, it’s very hard to know just where technology will take us – and our libraries – in the next ten years. In fact, it is difficult looking just a couple of years down the road. The library system will need a solid financial foundation to enable it to evolve as necessary to meet the needs of the community in this era of swiftly-changing technology. C2. There is not enough money in our current economic climate for everything the JPB and the SCPL needs to do today: • there are three loans to pay off and significant rent for the headquarters building • there are plans to build new libraries in Scotts Valley, Capitola, and Felton; in addition to building and equipment costs, there will be moving expenses and additional ongoing staff and utility expenditures because of the increased square footage • there is routine maintenance and emergency repairs for the ten branches and headquarters • there are major technology improvements that must be funded • there is equipment, including vehicles, that need to be maintained in the short term and that will need to be replaced in the near future • there must be funding to build the collection • there must be savings to build reserves • there are personnel costs that are increasing from year to year while revenues are decreasing C3. A dramatic shift in library priorities and operations is necessary to create a balanced budget while allocating the funds necessary to buy the technology that will allow the library staff to improve productivity and to create a library that will continue to meet the needs of the community as our future is increasingly shaped by technology. Unfortunately, the JPB has been unwilling year after year to make the decisions that are necessary to provide an adequate and stable financial foundation for the Santa Cruz library system. The board, with 142 ∫ Santa Cruz County Grand Jury Final Report 2009-2010 elected representatives of the cities and county constituting a majority, seems to lack the political will to make the tough decisions that might be unpopular with constituents. C4. Library administration and staff have failed to expand the use of volunteers to provide more regular open hours for patrons.
F50
Conclusions: C8. With a high volume of inmates and only five holding cells, it is a challenge to adequately separate inmates who pose a danger to one another and therefore to staff. Given the configuration of the holding cells, juveniles (particularly those who are affiliated with a gang) are at risk for being influenced by adult gang members.

Recommendations 20