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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

[Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 275 F2. The Santa Cruz Public

Published: December 31, 2022 62 pages
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Findings and Recommendations 10 findings

F1 Page 312
Vegetation reduction must become a major priority for the County to adequately protect communities, critical infrastructures, and ingress/egress routes from increasing wildfire risk.
Related Recommendations (2)
R1
Page 287
By December 31, 2022, the Santa Cruz County Board of Supervisors should reassess its decision to use Measure S funds to improve the Live Oak Community Center and either reimburse the Library Facilities Financing Authority or commit additional funds to establish the Annex as a library resource consistent with other SCPL branches. (F1, F4, F5, F6) __ 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 use of Measure S funds on the Annex is appropriate. It is not necessary to reimburse the LFFA or commit additional funds to establish the Annex. In addition, as previously stated, no adverse impact on SCPL’s operating budget is anticipated. The Measure S ballot language as well as Exhibit A of the ballot measure specifically allow for the expansion and construction of library facilities, including Live Oak, in order to provide flexible spaces, such as meeting and study rooms, and expand access to library technology. Santa Cruz County Civil Grand Jury
R4
Page 313
By December 31, 2022, the Board of Supervisors should require the Office of Response, Recovery & Resilience to report directly to the Board of Supervisors on vegetation reduction planning and execution every six months. (F1, F10)
F2 Page 283
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. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): The Santa Cruz Public Libraries (SCPL) website provides general information on the facilities master planning process conducted in 2013. This eventually led to the development of the LFFA and related CFD No. 2016-1, which placed Measure S on the ballot in 2016. The Facilities Master Plan (FMP) was conducted prior to Measure S and covered needs at the time. The FMP was not part of the Measure S ballot measure language and voter materials. However, as stated on pages 3 and 4, the FMP identified the need to upgrade, renovate or replace the Downtown Branch Library. The FMP also identified the need to create program space for the Live Oak Branch Library. Since program space could not be accommodated at the Live Oak Branch Library, it was done at the Live Oak Library Annex. The new facility is explicitly authorized under the plain language of Measure S. Santa Cruz County Civil Grand Jury
Related Recommendations (1)
R2
Page 288
In the case of any future ballot measures, the Santa Cruz 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) __ 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: First, Government Code Section 50075.1 sets forth requirements for identifying “specific purposes” for any local special tax measure that is subject to voter approval. Section 50075.1, subdivision (a) requires that the ballot measure include “[a] statement indicating the specific purpose of the special tax[,]” while subdivision (b) requires “that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a).” The Measure S ballot language met this requirement because it did inform voters that monies generated through the measure would go to Live Oak, including to “support growing use by children, senior, veterans, and others; expand access to modern technology, and construct/expand facilities where necessary.” Secondly, the law does not require a public agency to identify how each dollar generated by a specific tax measure will be spent. In fact, courts have consistently held that “the rule is that public bodies may submit bond propositions in broad and general terms.” (Monette-Shaw v. San Francisco Bd. of Supervisors (2006) 139 Cal.App.4th 1210, 1221 [finding that a measure for “the acquisition, improvement, construction and/or reconstruction” of a specific hospital did not limit the County to building a new hospital at a different location].) Under the plain language of the ballot measure and the related resolutions, it is reasonable to expect the voters had no interest in micromanaging the SCPL or exactly which projects should be undertaken. As previously noted, the ballot materials also described how the funds would be distributed to specific member agencies. Details on how each member agency planned to specifically use Measure S funds is neither required by law nor practical. While this report focuses on Live Oak, note that the ballot language did not include how funds would be spent in other County areas (Felton, Aptos, Boulder Creek, etc.), nor was it required to do so. [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 281
F3 Page 284
Voter materials disclosed how Measure S funds would be divided among the Santa Cruz Public Libraries’ Member Agencies, but did not disclose the allocation of $5 million to a Live Oak Library Annex within the Live Oak Community Center— likely misleading voters. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): Measure S funds are not limited to existing branches, and the division of Measure S funds was identified in the LFFA’s Joint Powers Agreement (JPA). This information was not required as part of voter materials. Member agencies were given an allocation of funds in the JPA, and their governing bodies could determine how those funds were spent. The JPA provided member agencies the flexibility to determine how their allocations would be used on existing or new facilities in their jurisdictions. [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 277
Related Recommendations (2)
R2
Page 288
In the case of any future ballot measures, the Santa Cruz 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) __ 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: First, Government Code Section 50075.1 sets forth requirements for identifying “specific purposes” for any local special tax measure that is subject to voter approval. Section 50075.1, subdivision (a) requires that the ballot measure include “[a] statement indicating the specific purpose of the special tax[,]” while subdivision (b) requires “that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a).” The Measure S ballot language met this requirement because it did inform voters that monies generated through the measure would go to Live Oak, including to “support growing use by children, senior, veterans, and others; expand access to modern technology, and construct/expand facilities where necessary.” Secondly, the law does not require a public agency to identify how each dollar generated by a specific tax measure will be spent. In fact, courts have consistently held that “the rule is that public bodies may submit bond propositions in broad and general terms.” (Monette-Shaw v. San Francisco Bd. of Supervisors (2006) 139 Cal.App.4th 1210, 1221 [finding that a measure for “the acquisition, improvement, construction and/or reconstruction” of a specific hospital did not limit the County to building a new hospital at a different location].) Under the plain language of the ballot measure and the related resolutions, it is reasonable to expect the voters had no interest in micromanaging the SCPL or exactly which projects should be undertaken. As previously noted, the ballot materials also described how the funds would be distributed to specific member agencies. Details on how each member agency planned to specifically use Measure S funds is neither required by law nor practical. While this report focuses on Live Oak, note that the ballot language did not include how funds would be spent in other County areas (Felton, Aptos, Boulder Creek, etc.), nor was it required to do so. [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 281
R6
Page 313
By December 31, 2022, the Board of Supervisors should direct County Fire, with support from the Resource Conservation District and the Office of Response, Recovery & Resilience, to report annually to the public on progress toward published goals for improving safe movement and community protection. The first report should be published by June 30, 2023. (F3, F7, F8) Commendation C1. The Resource Conservation District of Santa Cruz County is commended for its successful efforts in obtaining significant grants for vegetation reduction. Required Response Respond Within/ Respondent Findings Recommendations Respond By
F4 Page 312
No single agency guides the County vegetation-reduction programs and projects, a situation that contributes to the observed lack of strategic planning. Funding Vegetation Reduction through the Grants Process
Related Recommendations (1)
R1
Page 287
By December 31, 2022, the Santa Cruz County Board of Supervisors should reassess its decision to use Measure S funds to improve the Live Oak Community Center and either reimburse the Library Facilities Financing Authority or commit additional funds to establish the Annex as a library resource consistent with other SCPL branches. (F1, F4, F5, F6) __ 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 use of Measure S funds on the Annex is appropriate. It is not necessary to reimburse the LFFA or commit additional funds to establish the Annex. In addition, as previously stated, no adverse impact on SCPL’s operating budget is anticipated. The Measure S ballot language as well as Exhibit A of the ballot measure specifically allow for the expansion and construction of library facilities, including Live Oak, in order to provide flexible spaces, such as meeting and study rooms, and expand access to library technology. Santa Cruz County Civil Grand Jury
F5 Page 285
The Annex is an expansion of the Live Oak Community Center and not an expansion of the Live Oak Branch Library. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): As identified in the FMP and stated previously, there wasn’t adequate program space at the Live Oak Branch Library, and the Live Oak Library Annex (Annex) provides that space. The Annex is an expansion of library facilities in the Live Oak community. It establishes a learning center with meeting/study room space that complements the existing Live Oak Branch Library and provides additional opportunities for library-related activities and services that the existing Live Oak Branch Library could not accommodate. SCPL can provide digital literacy classes, job training, coding, and other programs for youth and adults that are not possible in the existing Live Oak Branch Library due to size and noise constraints. Santa Cruz County Civil Grand Jury
Related Recommendations (2)
R1
Page 287
By December 31, 2022, the Santa Cruz County Board of Supervisors should reassess its decision to use Measure S funds to improve the Live Oak Community Center and either reimburse the Library Facilities Financing Authority or commit additional funds to establish the Annex as a library resource consistent with other SCPL branches. (F1, F4, F5, F6) __ 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 use of Measure S funds on the Annex is appropriate. It is not necessary to reimburse the LFFA or commit additional funds to establish the Annex. In addition, as previously stated, no adverse impact on SCPL’s operating budget is anticipated. The Measure S ballot language as well as Exhibit A of the ballot measure specifically allow for the expansion and construction of library facilities, including Live Oak, in order to provide flexible spaces, such as meeting and study rooms, and expand access to library technology. Santa Cruz County Civil Grand Jury
R2
Page 288
In the case of any future ballot measures, the Santa Cruz 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) __ 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: First, Government Code Section 50075.1 sets forth requirements for identifying “specific purposes” for any local special tax measure that is subject to voter approval. Section 50075.1, subdivision (a) requires that the ballot measure include “[a] statement indicating the specific purpose of the special tax[,]” while subdivision (b) requires “that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a).” The Measure S ballot language met this requirement because it did inform voters that monies generated through the measure would go to Live Oak, including to “support growing use by children, senior, veterans, and others; expand access to modern technology, and construct/expand facilities where necessary.” Secondly, the law does not require a public agency to identify how each dollar generated by a specific tax measure will be spent. In fact, courts have consistently held that “the rule is that public bodies may submit bond propositions in broad and general terms.” (Monette-Shaw v. San Francisco Bd. of Supervisors (2006) 139 Cal.App.4th 1210, 1221 [finding that a measure for “the acquisition, improvement, construction and/or reconstruction” of a specific hospital did not limit the County to building a new hospital at a different location].) Under the plain language of the ballot measure and the related resolutions, it is reasonable to expect the voters had no interest in micromanaging the SCPL or exactly which projects should be undertaken. As previously noted, the ballot materials also described how the funds would be distributed to specific member agencies. Details on how each member agency planned to specifically use Measure S funds is neither required by law nor practical. While this report focuses on Live Oak, note that the ballot language did not include how funds would be spent in other County areas (Felton, Aptos, Boulder Creek, etc.), nor was it required to do so. [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 281
F6 Page 286
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. __ AGREE __ PARTIALLY DISAGREE _X_ DISAGREE Response explanation (required for a response other than Agree): Establishing the Annex with Measure S funds will not adversely impact SCPL’s operating budget. As part of future budgets, the Library Joint Powers Authority Board will consider offering programs and services at the Annex that would have been provided at the Live Oak Branch Library if there were space to accommodate them. SCPL is also exploring establishing a small free library of materials and resources at the Annex that will also not have an adverse impact on the operating budget. Library patrons will be able to use the Annex for program and meeting or study space. [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 279
Related Recommendations (2)
R1
Page 287
By December 31, 2022, the Santa Cruz County Board of Supervisors should reassess its decision to use Measure S funds to improve the Live Oak Community Center and either reimburse the Library Facilities Financing Authority or commit additional funds to establish the Annex as a library resource consistent with other SCPL branches. (F1, F4, F5, F6) __ 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 use of Measure S funds on the Annex is appropriate. It is not necessary to reimburse the LFFA or commit additional funds to establish the Annex. In addition, as previously stated, no adverse impact on SCPL’s operating budget is anticipated. The Measure S ballot language as well as Exhibit A of the ballot measure specifically allow for the expansion and construction of library facilities, including Live Oak, in order to provide flexible spaces, such as meeting and study rooms, and expand access to library technology. Santa Cruz County Civil Grand Jury
R3
Page 289
In the case of any future ballot measures, the Santa Cruz Public Libraries should inform voters of the impact of facility expansion on its future operating budgets. (F6) __ 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 noted above, State law does not require ballot measures issued for a specific purpose (i.e., construction, repairs, expansion of library facilities) to include projected impacts on various budgets in the future. It is also reasonable that voters would be aware that the construction of new facilities may require additional costs to staff and maintain those facilitates. Accordingly, the purpose of Measure S was to finance construction, repairs, and expansion of library facilities. It is unclear how the construction of the Annex impacts SCPL’s operating budget, and even if the Board authorizes future expenditures on services at the Annex those impacts would not be any more than other infrastructure upgrades or expansions to other library facilities would. For example, the Grand Jury Report points to SCPL’s responsibility for “replacing lost or damaged equipment in the Annex” as evidence that Annex will have an outsized impact on the SCPL operating budget. This concern is misplaced as it relates to the Annex and could be applied to any library improvements funded through Measure S. Funds spent to upgrade any equipment or facilities, as well as the costs to replace or repair them, are a natural and necessary portion of any library budget, regardless of location. Santa Cruz County Civil Grand Jury [This page intentionally left blank.] [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 283 Reducing Our Community’s Risk from Wildfire It Will Take Money, Time, and Serious Cooperation Santa Cruz and San Mateo are 100 years behind in fuels management efforts—that is, reducing the brush and other burnable material that can fuel devastating fires. “If we don’t start reducing the fuels around our communities and protecting them, it’s only a matter of time before we have another catastrophic event.” Ian Larkin, retired CAL FIRE Chief, Good Times, November 2, 2021
F7 Page 312
County residents do not have easy access to grant prioritization and project selection criteria. County Fire Organization
Related Recommendations (1)
R6
Page 313
By December 31, 2022, the Board of Supervisors should direct County Fire, with support from the Resource Conservation District and the Office of Response, Recovery & Resilience, to report annually to the public on progress toward published goals for improving safe movement and community protection. The first report should be published by June 30, 2023. (F3, F7, F8) Commendation C1. The Resource Conservation District of Santa Cruz County is commended for its successful efforts in obtaining significant grants for vegetation reduction. Required Response Respond Within/ Respondent Findings Recommendations Respond By
F8 Page 312
Neither County Fire nor the Office of Response, Recovery & Resilience have staff or funding that are charged with creating, managing, and reporting on vegetation-reduction strategy, planning, and execution for the benefit of County residents.
Related Recommendations (1)
R6
Page 313
By December 31, 2022, the Board of Supervisors should direct County Fire, with support from the Resource Conservation District and the Office of Response, Recovery & Resilience, to report annually to the public on progress toward published goals for improving safe movement and community protection. The first report should be published by June 30, 2023. (F3, F7, F8) Commendation C1. The Resource Conservation District of Santa Cruz County is commended for its successful efforts in obtaining significant grants for vegetation reduction. Required Response Respond Within/ Respondent Findings Recommendations Respond By
F9 Page 312
The County Fire/CAL FIRE Chief reporting to General Services does not give vegetation reduction sufficient priority and visibility.
No recommendations for this finding
F10 Page 312
The Office of Response, Recovery & Resilience reporting to the County Administrative Officer does not give vegetation reduction sufficient priority and visibility. Reducing Community Risks from Wildfire published June 24, 2022 [Return to Table of Contents] 2021–2022 Consolidated Final Report with Responses 305
Related Recommendations (1)
R4
Page 313
By December 31, 2022, the Board of Supervisors should require the Office of Response, Recovery & Resilience to report directly to the Board of Supervisors on vegetation reduction planning and execution every six months. (F1, F10)

Additional Recommendations 2

These recommendations are not explicitly linked to specific findings.