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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 • 2023-2024

2022-2023 Consolidated Final Report with Responses 319 The 2022–2023 Santa Cruz County Civil Grand Jury Invites the

Published: August 31, 2023 35 pages
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Note: Missing finding numbers detected: F10, F11, F14, F15, F16, F17, F18, F19, F20

Findings and Recommendations 12 findings

F1 Page 329
While all city and county planning departments have demonstrated a good understanding of the new State housing laws and the need to facilitate more housing, the failure to do so in a timely manner has served to further decrease the availability of housing and further increase the need and cost of more housing. __ AGREE _X_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): With housing a priority at the state level, the state legislature has passed a slew of new housing regulations each year that require in-depth review and legal interpretation prior to local adoption. The City strives to adopt local ordinances that comply with state law as soon as possible, however we are cautious to wait to adopt regulations until we are confident that they follow the intent of state law. This is partially why these state laws override local zoning control until such time that cities do adopt their own local ordinances in compliance with state regulations. For example, if a local jurisdiction has not updated their Density Bonus ordinance to comply with new state regulations, then a developer would simply utilize the state law rather than the local ordinance. Finally, government does not build housing. The role of local government is to ensure that there is land available to build housing and to ensure that we have regulations that promote the development of quality housing for residents. We are dependent on private sector developers and property owners to build housing. Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 322 Santa Cruz County Civil Grand Jury
Related Recommendations (2)
R1
Page 344
The County Administrative Officer and the City Managers should establish a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information. (F1, F2, F5)
R2
Page 349
We continue to recommend that all organizations create and regularly update formal records of the actions they take to address Grand Jury recommendations, and to share those records with the public, in accordance with CA Penal Code Section 933(c). (F1, F2) DeLaveaga Golf Course
F2 Page 343
County and City administrations lack a process to review content accuracy and currency and thereby assure timely correction and revision of content. Honoring 2019-2020 Commitments published June 7, 2023 336 Santa Cruz County Civil Grand Jury
Related Recommendations (2)
R1
Page 344
The County Administrative Officer and the City Managers should establish a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information. (F1, F2, F5)
R2
Page 349
We continue to recommend that all organizations create and regularly update formal records of the actions they take to address Grand Jury recommendations, and to share those records with the public, in accordance with CA Penal Code Section 933(c). (F1, F2) DeLaveaga Golf Course
F3 Page 340
While an emergency generator has been procured, adequate testing of methods of connection and operation has not been done yet.
Related Recommendations (1)
R3
Page 344
The County Administrative Officer and the City Managers should establish ‘SMART’ goals for website quality assurance and manage these goals beginning in 2021. (F3, F4, F5) Requested 2020 Responses:[21] City of Capitola The City of Capitola partially disagreed with Findings 1, 2, and 3. They update information on a regular basis. There have been occasions when old data did not get removed after updated data was added. Stale and inaccurate data is corrected and replaced whenever found. The City is in the process of updating its website platform to make this task easier for departments. They also stated that SMART (Specific + Measurable + Attainable + Relevant + Time-Bound) is not a methodology that the City of Capitola has adopted. The City of Capitola disagreed with Finding 5.They stated that If data is determined to be incorrect or out-of-date, they remove or correct the data. The City does not knowingly keep incorrect or out-of-date information on the City website. The City of Capitola, addressing Recommendation 1, agreed to implement in the future a formal process by December 31, 2020, for their departments to validate and verify the accuracy and currency of website information. Regarding Recommendation 3 the City of Capitola felt that establishing SMART goals for website quality assurance and managing these goals beginning in 2021 needed further analysis. City of Santa Cruz The City of Santa Cruz agreed with Findings 1, 2, and 5.[22] Honoring 2019-2020 Commitments published June 7, 2023 2022-2023 Consolidated Final Report with Responses 337 The City of Santa Cruz addressing Recommendation 1 agreed to implement a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information.[22] City of Scotts Valley The City of Scotts Valley partially disagreed with Findings 1 and 2. The City of Scotts Valley responded in 2020 that they post all City Council, Committee and Commission agendas on the City website’s Agenda Center. Some commissions/committees meet only as needed and a committee’s last meeting may have been a year or more in the past. Thus, even though these agendas and minutes may appear out of date, the content is current. Similarly, the City maintains various plans and documents on its website and although they may be dated years in the past, the posted documents are still the most current. The City updates its website content regularly. They do not have the resources for a dedicated webmaster and staff manages the website on a departmental level. City staff reviews and updates City webpages on a regular, although not regimented, schedule. The City of Scotts Valley partially disagreed with Finding 3. They implemented a major upgrade to their website in May 2018, moving from an antiquated website to the current, highly functional and easy-to-navigate site. The City of Scotts Valley has not adopted the formal goal paradigm of Specific + Measurable + Attainable + Relevant + Time-Bound. However, the City maintains the goal, as an operational prerequisite, to provide current, timely and useful information to the public. The City of Scotts Valley disagreed with Finding 5. When the City identifies outdated or inaccurate information on its website, it is rectified as soon as is practically feasible. They view their website as an important communication and engagement tool with the community and do not allow erroneous information to persist on their website. The City of Scotts Valley felt that they needed further analysis regarding
F4 Page 338
The City of Santa Cruz’s failure to conduct thorough, regular on-site inspections of the DeLaveaga Golf Course’s restaurant/lodge resulted in excessive renovation costs to the City of Santa Cruz. This contributed to more than doubling the original estimates to bring the building up to code.
Related Recommendations (2)
R3
Page 344
The County Administrative Officer and the City Managers should establish ‘SMART’ goals for website quality assurance and manage these goals beginning in 2021. (F3, F4, F5) Requested 2020 Responses:[21] City of Capitola The City of Capitola partially disagreed with Findings 1, 2, and 3. They update information on a regular basis. There have been occasions when old data did not get removed after updated data was added. Stale and inaccurate data is corrected and replaced whenever found. The City is in the process of updating its website platform to make this task easier for departments. They also stated that SMART (Specific + Measurable + Attainable + Relevant + Time-Bound) is not a methodology that the City of Capitola has adopted. The City of Capitola disagreed with Finding 5.They stated that If data is determined to be incorrect or out-of-date, they remove or correct the data. The City does not knowingly keep incorrect or out-of-date information on the City website. The City of Capitola, addressing Recommendation 1, agreed to implement in the future a formal process by December 31, 2020, for their departments to validate and verify the accuracy and currency of website information. Regarding Recommendation 3 the City of Capitola felt that establishing SMART goals for website quality assurance and managing these goals beginning in 2021 needed further analysis. City of Santa Cruz The City of Santa Cruz agreed with Findings 1, 2, and 5.[22] Honoring 2019-2020 Commitments published June 7, 2023 2022-2023 Consolidated Final Report with Responses 337 The City of Santa Cruz addressing Recommendation 1 agreed to implement a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information.[22] City of Scotts Valley The City of Scotts Valley partially disagreed with Findings 1 and 2. The City of Scotts Valley responded in 2020 that they post all City Council, Committee and Commission agendas on the City website’s Agenda Center. Some commissions/committees meet only as needed and a committee’s last meeting may have been a year or more in the past. Thus, even though these agendas and minutes may appear out of date, the content is current. Similarly, the City maintains various plans and documents on its website and although they may be dated years in the past, the posted documents are still the most current. The City updates its website content regularly. They do not have the resources for a dedicated webmaster and staff manages the website on a departmental level. City staff reviews and updates City webpages on a regular, although not regimented, schedule. The City of Scotts Valley partially disagreed with Finding 3. They implemented a major upgrade to their website in May 2018, moving from an antiquated website to the current, highly functional and easy-to-navigate site. The City of Scotts Valley has not adopted the formal goal paradigm of Specific + Measurable + Attainable + Relevant + Time-Bound. However, the City maintains the goal, as an operational prerequisite, to provide current, timely and useful information to the public. The City of Scotts Valley disagreed with Finding 5. When the City identifies outdated or inaccurate information on its website, it is rectified as soon as is practically feasible. They view their website as an important communication and engagement tool with the community and do not allow erroneous information to persist on their website. The City of Scotts Valley felt that they needed further analysis regarding
R5
Page 338
The City of Santa Cruz City Manager should perform a lessons learned activity and then update the City’s relevant policies and operating procedures to avoid a future repeat of the DeLaveaga Golf Course’s restaurant/lodge shutdown and renovation no later than second quarter 2021. (F4)
F5 Page 338
The new draft Operations Plan lacks the necessary robustness to communicate how major golf course operations will be managed at DeLaveaga Golf Course, including but not limited to facility inspections, water use policies, variable pricing policies, charitable policies, operations review, and basic roles, responsibilities, and authority. Key 2020 Recommendations:
Related Recommendations (3)
R1
Page 344
The County Administrative Officer and the City Managers should establish a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information. (F1, F2, F5)
R3
Page 344
The County Administrative Officer and the City Managers should establish ‘SMART’ goals for website quality assurance and manage these goals beginning in 2021. (F3, F4, F5) Requested 2020 Responses:[21] City of Capitola The City of Capitola partially disagreed with Findings 1, 2, and 3. They update information on a regular basis. There have been occasions when old data did not get removed after updated data was added. Stale and inaccurate data is corrected and replaced whenever found. The City is in the process of updating its website platform to make this task easier for departments. They also stated that SMART (Specific + Measurable + Attainable + Relevant + Time-Bound) is not a methodology that the City of Capitola has adopted. The City of Capitola disagreed with Finding 5.They stated that If data is determined to be incorrect or out-of-date, they remove or correct the data. The City does not knowingly keep incorrect or out-of-date information on the City website. The City of Capitola, addressing Recommendation 1, agreed to implement in the future a formal process by December 31, 2020, for their departments to validate and verify the accuracy and currency of website information. Regarding Recommendation 3 the City of Capitola felt that establishing SMART goals for website quality assurance and managing these goals beginning in 2021 needed further analysis. City of Santa Cruz The City of Santa Cruz agreed with Findings 1, 2, and 5.[22] Honoring 2019-2020 Commitments published June 7, 2023 2022-2023 Consolidated Final Report with Responses 337 The City of Santa Cruz addressing Recommendation 1 agreed to implement a formal process by December 31, 2020 for their departments to validate and verify the accuracy and currency of website information.[22] City of Scotts Valley The City of Scotts Valley partially disagreed with Findings 1 and 2. The City of Scotts Valley responded in 2020 that they post all City Council, Committee and Commission agendas on the City website’s Agenda Center. Some commissions/committees meet only as needed and a committee’s last meeting may have been a year or more in the past. Thus, even though these agendas and minutes may appear out of date, the content is current. Similarly, the City maintains various plans and documents on its website and although they may be dated years in the past, the posted documents are still the most current. The City updates its website content regularly. They do not have the resources for a dedicated webmaster and staff manages the website on a departmental level. City staff reviews and updates City webpages on a regular, although not regimented, schedule. The City of Scotts Valley partially disagreed with Finding 3. They implemented a major upgrade to their website in May 2018, moving from an antiquated website to the current, highly functional and easy-to-navigate site. The City of Scotts Valley has not adopted the formal goal paradigm of Specific + Measurable + Attainable + Relevant + Time-Bound. However, the City maintains the goal, as an operational prerequisite, to provide current, timely and useful information to the public. The City of Scotts Valley disagreed with Finding 5. When the City identifies outdated or inaccurate information on its website, it is rectified as soon as is practically feasible. They view their website as an important communication and engagement tool with the community and do not allow erroneous information to persist on their website. The City of Scotts Valley felt that they needed further analysis regarding
R6
Page 338
The City of Santa Cruz Parks and Recreation Department and the City of Santa Cruz City Manager should add a formal process to the Operation Plan by addressing needed capital improvements, maintenance schedules, facility inspections, water use, variable pricing, charitable policies, operations review, and basic stakeholder roles and responsibilities. Stakeholders include the Santa Cruz City Council, the City’s Parks and Recreation Department, the City’s Parks & Recreation Commission, the Operator, the DeLaveaga Golf Honoring 2019-2020 Commitments published June 7, 2023 2022-2023 Consolidated Final Report with Responses 331 Course Superintendent, the City’s Building Department and the City’s Public Works Department. (F5) Requested 2020 Responses:[4] The City of Santa Cruz partially disagreed with Finding 4 as related to Recommendation 5, that there was a failure to conduct thorough, regular on-site inspections of the DeLaveaga Golf Course’s restaurant/lodge, resulting in excessive renovation costs to the City of Santa Cruz. This contributed to more than doubling the original estimates to bring the building up to code. They stated that many of the issues discovered during the golf lodge renovation were interior to the building (e.g. electrical, plumbing, rotting wood, etc.). These issues were not evident in general facility inspections. The fundamental cause of the facility issues and exorbitant costs to renovate was a lack of ongoing capital improvement investment into the building over time. Due to limitations of City budgets, and to some degree, the local political will to invest in the golf course, funding was not sufficiently appropriated to maintain the golf lodge over time. Therefore, the result was a costly repair due to years of virtually no maintenance. The City of Santa Cruz stated that this is an important lesson as other facilities at the golf course including the maintenance facility, golf cart barn, and driving range, among others, are in desperate need of investment. Otherwise they may face similarly expensive capital needs in the future. This is also true of many City-owned buildings such as the Civic Auditorium, Public Works Corp Yard and the Parks Yard, Market Street Senior Center, Harvey West Park facilities, and many more. Investment in an aging portfolio of City-owned assets is critical for the future. Regarding Finding 5, as related to Recommendation 6, the City of Santa Cruz felt that they needed further analysis on whether or not the City Manager should perform a lessons learned activity and then update the City’s relevant policies and operating procedures to avoid a future repeat of the DeLaveaga Golf Course’s restaurant/lodge shutdown and renovation no later than second quarter 2021. The City of Santa Cruz stated that as of July 2020, there are no specific plans to do this, although it would be a helpful exercise and the Parks and Recreation Department would support it. The Parks and Recreation Department responded, indicating it would discuss with the City Manager’s Office a plan to chart a course of action related to this recommendation before the end of calendar year 2020. 2022-2023 Update: Were Commitments Kept? In response to this jury’s request for an update, the Parks and Recreation Department indicated budgeting, and the Santa Cruz City Council approved funding to assess facilities and develop a long-term Capital Investment Plan as outlined in Budget, Fiscal Years 2023-2027.[5] Additionally, the City Council appropriated funding for critical infrastructure and facility upgrades in FY 2023.[6] The Parks and Recreation Department will initiate these projects in 2023. The completion of the study is estimated to be in June 2023, and the improvements to the driving range and golf course assets are estimated to be in October 2023.[7] Honoring 2019-2020 Commitments published June 7, 2023 332 . Fail in the Jail[8] Summary: On September 28, 2019 an unplanned power failure at the Santa Cruz County Main Jail resulted in the loss of critical capability to provide safe and secure operation of the jail. While the risks were known well in advance of the failure event, steps to manage and mitigate the risks were not taken. Established, comprehensive policies for management in a power failure emergency were in place, but those policies were not followed. Evidence of process improvement and risk management practice after the event was lacking. Key 2020 Findings:
F6 Page 350
Although the Cities of Capitola, Scotts Valley, and Watsonville agreed that there appear to be unused or underutilized parcels of land that could possibly be used for homeless services, it is not clear how this could be done.
No recommendations for this finding
F7 Page 350
ThemasterplanforCoralStreetbeingworkedbytheCityofSantaCruzincludes considerationoflimitingvehicleaccesstoCoralStreet,butthegrantsreceivedby theCityandtheplantobuild120unitsofsupportivehousingpreemptthe originalGrandJuryrecommendationtoconsiderclosingit.
Related Recommendations (1)
R7
Page 350
The City of Santa Cruz should complete and then implement their Master Plan for Coral Street, including consideration of limiting vehicle access. The City of Santa Cruz should report to the Grand Jury on the status of Coral Street no later than December 31, 2023. (F7) Tangled Web
F8 Page 350
Staffing shortages made automating the process for updating the website of the City of Santa Cruz and redesigning the website of the City of Scotts Valley more difficult.
Related Recommendations (1)
R8
Page 350
The City of Santa Cruz should verify that their commitment to automate the Honoring 2019-2020 Commitments published June 7, 2023 2022-2023 Consolidated Final Report with Responses 343 process for updating their website has been completed by October 31, 2023. (F8)
F9 Page 351
Data security is an important issue, including the security of voter registration data and it is unknown if measures have been taken in this area.
Related Recommendations (1)
R10
Page 351
The Santa Cruz County Clerk should outline steps that have been taken to make voter registration data more secure by September 30, 2023. (F9)
F12 Page 330
While all local municipalities have voiced support for prioritizing housing for local workers, only some of them have clear local preference guidelines that give some priority to local workers. Without clear guidelines and incentives, new housing is more likely to be purchased by those who do not live and work here. __ AGREE _X_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The City provides local preference in the purchase of below-market-for-sale housing developments in Watsonville, because these projects do not utilize state or federal funding that would prohibit the practice. The Affordable Housing Program requires the creation of a lottery for the affordable units in a new subdivision, whereby tickets are given to those that: 1. Live in the City of Watsonville (1 ticket) 2. Work in the City of Watsonville (1 ticket) 3. Live and work in the City of Watsonville (3 tickets) The City also requires local and bilingual marketing efforts. To the extent allowed by applicable law, developers are required to make reasonable efforts to sell affordable units to buyers who live or work within the Watsonville City limits. To the extent necessary to ensure compliance with State and Federal fair housing laws, developers are required to employ bilingual staff to market the affordable units and prepare and use bilingual sales and marketing materials for the affordable units. The City also provides greater financial assistance to assist eligible homebuyers to purchase homes in the City of Watsonville in accordance with the requirements of the City of Watsonville’s Affordable Housing Ordinance. Applicants must provide valid evidence that they reside and/or are employed within the Watsonville City limits at the time of loan application, to be eligible for the higher loan limits. Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 2022-2023 Consolidated Final Report with Responses 323 In addition, the City has local preference requirements for rental projects; to wit, affordable rental units shall be marketed exclusively to existing City of Watsonville residents for two (2) weeks before any marketing to other persons (Watsonville Municipal Code, Chapter 14-46.140(g)(4)); and for projects requiring a five (5%) percent set aside for Section 8 vouchers, those Section 8 units must first be made available to the County of Santa Cruz Housing Authority for at least one-month period from the date of marketing for a new unit ((Watsonville Municipal Code, Chapter 14-46.040(a)(1)). For 100% affordable rental housing projects, preferences are dictated by the funding sources for the project. For instance, the Joe Serna Fund is earmarked for the provision of units for farmworkers, whereas there are other funds for kids aging out of foster-care, or housing for homeless. However, even in these projects, local preference is not allowed to be used because it is considered a discriminatory practice. Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 324 Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R20
Page 334
, the city of Watsonville should develop clear, measureable guidelines to ensure that local preference is given to local workers in the construction of low income housing. (F12) _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: In 2002, the City of Watsonville adopted a local hiring ordinance (WMC Chapter 7-15) that requires contractors who receive City public works construction contracts in excess of $600,000 to hire local residents. Under this regulation, at least 15% of each contractor’s construction workforce, including subcontractors, shall live within the boundary of the Pajaro Valley Water Management Agency. Additionally, at least 50% of the workforce must live within the Tri-County area (Santa Cruz, Monterey, San Benito). Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 [Return to Table of Contents] 2022-2023 Consolidated Final Report with Responses 327 Honoring Commitments to the Public County Agency Actions in Response to 2019–2020 Grand Jury Recommendations
F13 Page 332
All municipalities are trying to identify and facilitate the building of housing projects, but most of that is done independently of the other municipalities or with outside partners. Since workforce housing and transportation gridlock is a county-wide problem, all county municipalities need to work more closely together and with property owners to develop housing solutions. __ AGREE _X_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): Planning staff have opportunities to regularly meet with planners from other jurisdictions through a variety of different agencies, including the Regional Transportation Commission (RTC),the Association of Monterey Bay Area Governments (AMBAG), the Housing for Health Partnership, and the Monterey Bay Economic Partnership (MBEP). AMBAG holds regular meetings for planning directors and senior planning staff. The Housing for Health Partnership is a county-wide collaboration of agencies focused on addressing homelessness. In addition, the planning directors from all Santa Cruz agencies meet several times a year to collaborate and share ideas. Ad-hoc collaboration occurs across agencies as well in an effort to share knowledge and best practices. Santa Cruz County abuts the City of Watsonville, and there have been two affordable housing projects that the two agencies have coordinated to bring to fruition, known as Pippin 1 and Pippin 2. Pippin 1 was a 46-unit project that included 26 units in the County and 20 units in the City of Watsonville. Both jurisdictions had to coordinate permitting and inspection authority for the project, which the City annexed after completion. Pippin 2 is the 80-unit extension of this project built entirely within the County, however the City is expected to annex this project as well after completion. The project has been designed to meet City standards for streets, sidewalks, solid waste, etcetera, as the housing project will be ultimately serviced by the City. Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 2022-2023 Consolidated Final Report with Responses 325
Related Recommendations (1)
R19
Page 333
the city of Watsonville should demonstrate that they have reestablished regular meetings of a workgroup or other entity that would allow planners from all 5 county jurisdictions to share ideas on housing development and develop joint projects. (F13) _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: As stated in R13, planning directors and staff regularly collaborate in a variety of regular and one-off meetings, through AMBAG, RTC, MBEP, Housing for Health, and on projects that involve multi-jurisdiction coordination, such as Pippin 1 and 2. Additionally, the planning directors for every jurisdiction in the county meet at least 5 times a year to collaborate and share information. Please note that state law requires that housing development applications be approved only by the jurisdiction in which they are located, and this prevents jurisdictions from developing joint projects outside of those described previously. Invited Response from the Director, Watsonville Community Development Housing Our Workers Due by August 31, 2023 Attachment 4 326 Santa Cruz County Civil Grand Jury
F21 Page 341
If underutilized parcels of land throughout Santa Cruz County were identified, such as the area near Coral Street in Santa Cruz and the parcel adjacent to the County Mental Health Building in Watsonville, these parcels could potentially be used to increase the number of beds and services to support the homeless. Key 2020 Recommendations:
No recommendations for this finding

Additional Recommendations 2

These recommendations are not explicitly linked to specific findings.