Santa Cruz City Council
December 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064 adequately documented no-rise analysis meeting FEMA guidelines, GDG may delay completion and transmittal of an engineer-sealed No-Rise Certificate until after a contract amendment is executed.

PROJECT DESCRIPTION
GDG understands the purpose of the project is provide emergency repairs to the eroded left bank of Zayante Creek in the immediate vicinity of the failed pipe location and to restore the failed pipeline section.

The accumulation of large wood immediately upstream and adjacent to the Felton Bible Church appears to have concentrated flows towards the left bank causing 200 to 300 feet of bank erosion. Approximately 35 lineal feet of the water line is exposed near the toe of the bank. GDG understands that HDR will be designing the repair of pipeline and will incorporate GDG’s bank stabilization plans into their pipeline repair plans.

Construction would address both the repair of the pipeline and repair of the bank, ideally before October 1, 2023.

GDG and SE&S will conduct a survey-grade topographic survey of site with RTK-GPS and robotic digital total station theodolite instruments. Walls Land + Water LLC will augment the survey with drone-deployed LiDAR topographic surveying. The topographic map is needed for design plans and hydraulic analysis, including FEMA compliance. Survey will encompass an area on the south bank along the existing pipeline, approx. 800 feet in length and centered on the exposed pipe, and extending to the access road along the Mini Storage. Features surveyed will include: topographic grades, above ground utilities (underground utilities not feasible in the timeline), woody debris extents, pavement/concrete extents, fences, hiking trails, trees, etc. Trees will be surveyed for documenting existing trees on the site that will either be removed or require protection during construction, including all trees over 6” diameter at breast height (dbh) and nonwillow native trees under 6” dbh. Clusters of small non-willow native trees will be delineated to determine square footage. Existing riparian tree and shrub dripline areas along the top of bank above the exposed pipeline will be delimited. The topographic map will show one-foot contours and approximate property lines from County of Santa Cruz’s GIS data. An optional boundary survey will be conducted if authorized by Client (Task 9). The survey will be tied to the horizontal datum NAD83 and the vertical datum NAVD88 using survey grade GPS. An aerial orthomosaic photo will be produce with the aid of the drone during the survey. Twelve cross sections will be cut from the existing topographic survey in the locations shown in Exhibit B.

SE&S and GDG recently created an existing conditions HEC-RAS hydraulic model for Zayante Creek for the City of Santa Cruz using combination of 2020 LiDAR data and February 2023 SE&S-surveyed crosssections. Model-computed shear stress, velocity, water surface elevations, etc. will be used to design the bank repair (e.g., sizing rock for rock slope protection, sizing anchor boulders for fastening salvaged large wood materials, justifying suitability of slope erosion protection materials).

Because FEMA may require a No-Rise Certificate if they are providing funding for the project, we will design the bank stabilization repair in such a way that no-rise is caused by the improvements -- verified preliminarily with the HEC-RAS model. Because FEMA may also require an Alternatives Analysis, the selected design must be justified to FEMA as being the most cost-effective design alternative that also substantially minimizes potential for future damages and damage claims arising at the repaired site. GDG will design the bank stabilization repair in such a way that the cost-effectiveness and minimization of future damage claims may be demonstrated.

GDG and SE&S will then prepare a design plan set. Anticipated sheets to be included: cover sheet, existing conditions site plan, design plan, sections, details, erosion & sediment control plan, dewatering plan, planting plan, access & staging plan, and notes and specifications. Specifications will be either included as notes on the plan set or as a separate specification package, whichever is more time and cost-effective.

Anticipated specification notes to be included: general requirements, permits, demolition, clearing and grubbing, tree removal, grading, trench dewatering, creek dewatering, erosion and sediment controls, slope erosion protection, large wood material, planting, seeding, and utilities. 35 of 77

16.40 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064 GDG anticipates that AOCE will authorize an emergency Regional General Permit 5 (RGP5) with the following aspects incorporated into the design. If time allows during the requested 3-week design process, final materials selection and methodology will be determined after any timely consultation with the City and approved by Authorities Having Jurisdiction (AHJs):

1. Repairing and stabilizing the water pipe (approx. 200 LF) (Design by Others)

2. Installing buried engineered fill creekward of the length of the repaired pipe (approx. 130-160 LF)

3. Installing exposed fill creekward of the length of the exposed pipe (approx. 40-70 LF)

4. Armoring the creekward limit of the exposed fill with live willow joint-planted densely vegetated riprap (approx. 70-100 LF)

5. Recontouring upper part of treated bank segment to minimize fill.

6. Minimize remaining top of bank tree removal and require riparian corridor restoration through mitigation planting.

7. Relocating suitable (e.g. redwood, fir) large wood material (LWM) pieces to reduce bank erosion pressure on the work.

8. Removing floatable or unsuitable (e.g., hardwood sp.) large wood material from the creek.

9. Consider boulder-anchoring certain LWM pieces near the upstream end of the work to: scour habitat enhancement pool, reduce channel flow into the new primary channel, deflect high velocity flow currents to reduce bank erosion pressure on the new exposed fill and downstream limits, encourage bar sedimentation creekward of work.

10. Consider reconstructing a new channel entirely through the bar and constructing a planted gravel bar fronting the work to advance this process. More anchored wood may need to be used to protect the constructed bar in place and create shadows for alder plantings on the bar.

11. Consider appropriate horizontal offset between vegetated rip-rap and the water main line. The prepared subgrade between rock slope and water main location could be mostly a rock fill buttressing the water main repair envelope, possibly detailed to serve as the structural support for the repaired line.

Other Agency and Permitting Assumptions:
 ACOE will likely authorize this project with Regional General Permit 5 (RGP5). The authorization could be completed within 2-3 weeks of the City or HDR filing the RGP5 application. However, the ACOE will need to first consult with NMFS and/or USFWS regarding potential impacts to special status species. This could lengthen the permitting timeline, and the City/HDR may be required to hire a professional biologist to inspect the site prior to construction and/or make inspections during the work. Certainly, biological supervision will be needed during creek dewatering as steelhead, Coho, SC black salamander, pacific lamprey and western pond turtle may be present in Zayante Creek.
 ACOE will coordinate with RWQCB and CDFW during RGP5 processing to influence the design, protection measures, and other BMPs.
 CDFW does not require a review to issue an emergency permit as long as the applicant files an application via the EPIMS database within 14 days of project start.  If FEMA is providing funding for the project, they may require an alternatives analysis documenting rationale for choosing the most cost-effective alternative that practically eliminates or minimizes as much as possible the chances there will be similar failure/damage at the site in the future. At this site, the potential for repeat damage is from a different part of the same pipeline being exposed the same way. Therefore, the FEMA preferred design alternative may include over-ex to lengthen the treatment and the additional cost would be justified. FEMA may object to funding habitat enhancement project components without written documentation that ACOE, RWQCB, or CDFW require it (e.g., for habitat enhancement or compensatory mitigation).

General Assumptions:
 Construction access to the site will likely be through the Valley Mini Storage. The City of Santa Cruz and HDR will facilitate approval of access with the property owner(s) and will direct GDG to 36 of 77

16.41 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064 the location of construction staging and storage. Access will allow use of heavy equipment and access will not constrain our design.
 HDR and the City of Santa Cruz will submit plans and applications and pay application fees to all the required agencies for permits.
 No geotechnical engineer for the project. GDG will adhere to general geotechnical principles in our design. It is anticipated that HDR’s separate design for the pipeline stabilization repairs will have geotechnical-structural engineering design and construction supervision.

Construction Phasing & Schedule:
 This project will likely be under a RGP5 authorized permit and will allow creek dewatering for pipeline repairs and stabilized fill installation within 2-3 weeks of RGP5 application submittal to Corps, provided Construction Contractor is prepared to begin work within seven (7) days of receiving authorization to proceed, and if phased, followed up by top of bank improvements and plantings in winter 2023-2024.
 Construction schedule anticipated to be 1 week mobilization, 4 weeks in field (plus the pipeline repair work duration), with potential November-December follow-up planting work. Material procurement is not known at this time. The client should engage a contractor immediately for a material procurement timeline estimate. GDG does not know the pipeline repair parameters or construction schedule. These schedules could vary largely based on which contractor is awarded the work.

Our timeline will start at the time we get a signed contract from HDR. HDR had anticipated awarding the Notice to Proceed for design work on May 12, 2023. GDG had planned on conducting the survey on May 15, 2023 and preparing draft Plans & Specs and cost estimate during the week of May 22. The original request for proposals requested that the final Plans & Specs and cost estimates would be presented to HDR by June 2, 2023. We are now informed that the Notice to Proceed may occur on or about May 19.

We will begin to schedule the Task 1, Task 2, and Task 3 work when the Notice to Proceed is given. We may not be able to complete Tasks 1-3 in three weeks, depending on our schedule availability as it is when the Notice to Proceed is given. The duration of Tasks 1-3 work will also be affected by coordination with pipeline repair design part of the project, and making revisions for responding to comments from HDR, City, and AHJs.

SCOPE OF SERVICES

1. Topographic Survey. Conduct a topographic survey of site with GPS, total station, and lidar drone (Walls Land + Water LLC to perform drone-deployed LiDAR topographic survey work) for use in the design plans and hydraulic model analysis. Survey will encompass an area on the south bank along the existing pipeline, approx. 800 feet in length and centered on the exposed pipe, and extending to the access road along the Mini Storage. Features collected will include:
topographic grades, above ground utilities (underground utilities not feasible in the timeline), woody debris extents, pavement/concrete extents, fences, hiking trails, trees, etc. Only trees with a 6" diameter at breast height or larger will be surveyed. No bushes or shrubs will be surveyed. Existing riparian tree and shrub dripline areas along the top of bank above the exposed pipeline will be delimited. The topographic map will show one-foot contours and approximate property lines from County of Santa Cruz’s GIS data. A boundary survey can be conducted at an extra cost not included in this proposal. The survey will be tied to the horizontal datum NAD83 and the vertical datum NAVD88 using survey grade GPS. An aerial orthomosaic photo will be produce with the aid of the drone during the survey. Twelve cross sections will be cut from the existing topographic survey in the locations shown in Exhibit B. It is estimated to take 10 hours with a one-person survey crew operating the GPS and robotic total station.
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16.42 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064  Task 1 Deliverables: Link to digital folder containing: Engineer-sealed 22”x34” pdf layout and AutoCAD files and including GIS data (.mpk, .mxd, layers, etc.) for the existing conditions topographic map.

2. Design Phase Hydraulic Model Analysis. We will use the existing HEC-RAS hydraulic model for Zayante Creek that we recently produced for the City of Santa Cruz. We will adapt the model to add the 12 new surveyed/cut cross-sections at the repair site. Model-computed shear stress, velocity, water surface elevations, etc. will be used to design the bank repair (e.g., sizing rock, sizing anchor boulders for fastening salvaged large wood materials, justifying suitability of slope erosion protection materials, etc.). We will also use the HEC-RAS model to preliminarily confirm the designed repairs would cause no-rise in the 100-year BFE and Floodway WSE. GDG will only spend 8 work hours on this analysis. If there are model artifacts or other complications resulting from inserting 12 new cross-sections into the reproduced FEMA model that has no cross-sections in this area, more analysis time may be required to confirm the project would produce no-rise. GDG would require a contract amendment should this occur.
 Task 2 Deliverables: Link to digital folder containing: updated Existing Conditions and Project Conditions HEC-RAS models and 8.5”x11” pdf exhibit charts and tables showing differences model-computed 100-year Base Flood Elevation (BFE) and Floodway water surface elevation (WSE). A short one-page memo signed by engineer summarizing the results and findings and confirming that the project will not change water surface elevations downstream and upstream from the project site.

3. Design Plans & Specifications. GDG will prepare a draft design plan set for bank stabilization part of project. GDG cannot prepare the bank stabilization design plans until the pipeline repair construction envelope and any design coordination requirements are defined by the pipeline repair engineer. Anticipated sheets to be included: cover sheet, existing conditions site plan, design plan, sections, details, erosion & sediment control plan, dewatering plan, planting plan, access & staging plan, and notes and specifications. Specifications will be either included as notes on the plan set or as a separate specification package, whichever is more time and cost-effective. Anticipated specification notes to be included: general requirements, permits, demolition, clearing and grubbing, tree removal, grading, trench dewatering, creek dewatering, erosion and sediment controls, slope erosion protection, large wood material, planting, seeding, and utilities. GDG will prepare the actual sediment erosion control and creek dewatering plans. City/HDR may need to hire a Professional Biologist to consult re. detailing of the dewatering plan or preparation of a dewatering plan report if and as required by ACOE, NMFS, or other AHJ considering Zayante Creek is a steelhead and coho stream, and it also has potential for pacific lamprey, SC black salamander, Western pond turtle, etc. Separate trench dewatering and erosion control plans may be prepared by HDR for the damaged pipe repair work. GDG will prepare a draft Engineer’s cost estimate. An allowance is included for GDG to respond to comments from City and HDR and make revisions to coordinate with HDR’s pipe repair plans for consistency. GDG will prepare final P&S and Engineer’s cost estimate (for bank stabilization work not pipeline repair work). GDG assumes the design plans and specifications development will occur over a 2-3 week period beginning immediately upon notice-to-proceed. Should there be multiple rounds of comments to respond to, or agency or AHJ coordination causing the design plan production period to be extended, then the Task 3 budget will likely be expended before the final P&S can be completed. GDG would require a contract amendment should this occur.
 Task 3 Deliverables: Link to digital folder containing: draft and final P&S, and draft and final Engineer’s cost estimate, and all AutoCAD files for the final P&S.

4. Project Management and Zoom Mtgs. An allowance is provided in the budget for project administration, coordination, and management including coordination and meetings and email correspondence with HDR and City re. project initiation, clearances, approvals, compliance 38 of 77

16.43 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064 documentation, invoice management, preparation of safety and quality assurance plans, etc. GDG would require a contract amendment should the Task 4 budget be expended before the project is completed. Project Management tasks will be continuous through the completion of the project, including which of the below tasks are authorized by HDR, when the construction is scheduled to begin, the duration of construction, and the date that the construction is completed to allow for asbuilt documentation.  Task 4 Deliverables: Safety Plan, Quality Assurance Plan, Contract and Insurance documentation, etc., remainder TBD and up to level-of-effort indicated by allowances shown in budget (Exhibit C).

5. Permitting Support Services. An allowance is provided in the budget for supporting City and HDR with environmental permit acquisition such as assisting to respond to comments from agency personnel, preparing technical explanations justifying certain project design components, feasibility of design revisions for better meeting agency stipulated avoidance, minimization, and mitigation measures, etc. Scope of Services to be directed by City and HDR. GDG would require a contract amendment should the Task 5 budget be expended before the permitting support service requirements of the project end.
 Task 5 Deliverables: TBD and up to level-of-effort indicated by allowances shown in budget (Exhibit C).

6. No-Rise Certificate. GDG will complete the FEMA-required procedures to evaluate project effects on the effective 100-year Base Flood Elevations (BFEs) and Floodway water surface elevations (WSE) downstream and upstream from the project site and supply an engineer-sealed Technical Memorandum and cover No-Rise Certificate for County’s floodplain manager to file and furnish to FEMA during audit or as required by FEMA to authorize payment for emergency-declaration related damage claims. GDG would require a contract amendment should the Task 6 budget be expended before the hydraulic analysis is completed to a sufficient level of detail to serve as adequate technical documentation meeting FEMA requirements for No-Rise Certification.  Task 6 Deliverables: Link to digital folder containing: Engineer-Sealed No-Rise Certificate and Technical Memorandum. Detail of analysis and documentation limited to level-of-effort indicated by allowances shown in budget (Exhibit C).

7. Engineering Services During Construction (ESDC). An allowance is provided in the budget for providing ESDC. Scope of Services to be directed by City and HDR. We anticipate being involved in review of RFIs and submittals, construction site visits, etc. GDG would require a contract amendment should the Task 7 budget be expended before the ESDC requirements of the project end.
 Task 7 Deliverables: TBD and up to level-of-effort indicated by allowances shown in budget (Exhibit C).

8. Engineer-Sealed As-Built Plans. Site survey and preparation of QA/QC’d engineer-sealed asbuilt plans, etc. Task 8 budget does not include more than 1 survey mobilization to the site. If responding to comments to the as-built plans is required, and/or if responding to the comments requires re-mobilization to the site, then GDG would require a contract amendment.  Task 8 Deliverables: Link to digital folder containing: Engineer-Sealed As-Built plans for the completed bank stabilization work, including all AutoCAD files.

9. (Optional) Boundary Survey. Separate robotic digital total station site survey to survey, locate and mark property boundary lines in the project work area and construction access vicinity and 39 of 77

16.44 HDR, Inc. Attn: Tim Nguyen
Proposal for Felton Diversion Pipeline Emergency Repair – Zayante Creek Bank Stabilization May 12, 2023

Geomorphology ● Engineering ● Design ● Permitting mobile/office 510-219-1064 preparation of engineer-sealed updated site plans. Does not include Licensed Surveyor services such as boundary map recording. If responding to comments to the boundary survey site plan is required, and/or if responding to the comments requires re-mobilization to the site to augment the survey or the survey markings, then GDG would require a contract amendment.  Task 9 Deliverables: Link to digital folder containing: Engineer-Sealed Site Plan with property boundary lines and indicated field markings set in field, including all AutoCAD files.

COMPENSATION
GDG provides services to its clients on a time-and-materials (T&M) basis per the attached Fee Schedule.

The estimated T&M not-to-exceed (NTE) budget for this scope of work, including allowances requested by HDR and City for tasks to be executed during the performance of this work is $86,600.00 (Exhibit C). If work is required or requested beyond the scope of this proposal or the level-of-effort allowances shown in Exhibit C, which will cause the above total estimate to be exceeded or individual line-item task budget amounts to exceeded, GDG will notify the client and stop work on those tasks before exceeding the budget limits.

SERVICES NOT INCLUDED
No services other than those described herein will be performed unless the parties mutually agree in writing. No Geotechnical Engineer or Professional Biologist or Licensed Surveyor services included.

GDG is a sole proprietorship and therefore does not carry worker’s compensation insurance.

Sincerely,

GEOMORPH DESIGN GROUP
Matt Smeltzer, PE
CA Civil Engineer No. 71671
Attachments: Exhibit A: Fee Schedule
Exhibit B: Proposed Zayante Creek Cross Sections
Exhibit C: Budget
Resumes
Copies via email: Tim Nguyen ([email protected]) 40 of 77

16.45 Geomorph Design Group 2100 Fourth Street, No. 154, San Rafael, CA 94901 mobile/office 510-219-1064

FEE SCHEDULE
Professional Services
Expert Witness $ 520.00 / hour
Engineer I $ 260.00 / hour
Engineer II $ 220.00 / hour
Engineer III $ 190.00 / hour
Engineer IV $ 170.00 / hour
Geomorphologist I $ 240.00 / hour
Geomorphologist II $ 170.00 / hour
Hydrologist I $ 210.00 / hour
Hydrologist II $ 170.00 / hour
Construction Advisor $ 200.00 / hour
GIS Database Analyst $ 160.00 / hour
Restoration Ecologist $ 145.00 / hour
Landscape Architect $ 145.00 / hour
Wildlife Biologist $ 140.00 / hour
Survey Crew (2-person) $ 330.00 / hour
Survey Crew (1-person) $ 220.00 / hour
Technical Illustrator $ 140.00 / hour
Field Assistant $ 95.00 / hour
Administrative Assistant $ 75.00 / hour
Reimbursable Expenses
Mileage I (standard) $ 0.80 / mile
Subconsultants Cost Plus 15%
Photogrammetry Software Use $ 350.00 / use
Robotic TS Surveying Instrument Use $ 650.00 / day
RTK GPS Surveying Instrument Use $ 450.00 / day
Heavy Lift UAV Drone Deployment Per Quote
Aerial LiDAR Survey Mapping Per Quote
Annual Flow Meter Deployment Per Quote
Standard UAV Drone Deployment $ 250.00 / day
Velocity Metering Instrument Use $ 250.00 / day
Magnetic Locator Instrument Use $ 200.00 / day
Printing, Plotting, Postage Cost Plus 10%
Permit Application Fees Cost Plus 15%
41 of 77

16.46 3 May 2023

148 Belmont Street, Santa Cruz, CA 95060 - 831.359.9640 - [email protected] EXHIBIT B: PROPOSED ZAYANTE CREEK CROSS SECTIONS
42 of 77

16.47 Exhibit C - GDG Budget for Zayante Creek Bank Stabilization Key Personnel: Smeltzer Shedden Shedden Drone LiDAR RTK-GPS Robotic TS Staff Type: Engineer I 1-Pers Survey Crew Engineer III Reimbursable Expenses Reimbursable Expenses Reimbursable Expenses Task Tasks Hourly Rate: $260 $220 $190 per quote $450/day $650/day Subtotal

1. Topographic Survey

1.1 Survey site cross-sections and features with GPS and TDS 10 $ 450.00 $ 650.00 $ 3,300.00

1.2 Drone-deployed LiDAR survey channel and floodplain extents $ 4,000.00 $ 4,000.00

1.3 Pre-Survey Site Inspection 5 $ 1,300.00

1.4 Basemap Post-Processing Production 4 10 $ 2,940.00
Task 1 Subtotal: $ 11,540.00

2. Design Phase Hydraulic Model Analysis

2.1 Update HEC-RAS model and design project for preliminarily confirmed no-rise 8 $ 2,080.00

2.2 Memo confirming project will not cause WSE rise u/s or d/s from site 4 $ 1,040.00 Task 2 Subtotal: $ 3,120.00

3. Design Plans & Specifications

3.1 Draft Design Plans & Specs (P&S), 10+/- sheets, specs included in sheets 10 34 $ 9,060.00

3.2 Draft Engineer's Cost Estimate for Bidding Purpose 4 4 $ 1,800.003.3 Allowance for responding to Comments from City and HDR 10 16 $ 5,640.00

3.4 Final P&S 10 16 $ 5,640.00

3.5 Final Engineer's Cost Estimate 4 4 $ 1,800.00
Task 3 Subtotal: $ 23,940.00

4. Project Management and Zoom Mtgs

4.1 Allowance for Project Mangement (Admin, Coord, Compliance) 16 10 $ 6,060.004.2 Allowance for Zoom mtgs - four 1-hr mtgs 4 4 $ 1,800.00 Task 4 Subtotal: $ 7,860.00

5. Permitting Support Services

5.1 Allowance for permitting support services as directed by HDR & City 32 16 $ 11,360.00 Task 5 Subtotal: $ 11,360.00

6. No-Rise Certificate

6.1 Hydraulic Model Analysis, Tech Memo, No-Rise Certificate 30 10 $ 9,700.00 Task 6 Subtotal: $ 9,700.00

7. Engineering Services During Construction (ESDC)

7.1 Allowance for permitting support services as directed by HDR & City. 16 32 $ 10,240.00 Task 7 Subtotal: $ 10,240.00

8. Engineer-Sealed As-Built Plans

8.1 Surveyed As-Built Design Plans 6 10 6 650.00 $ 5,550.00 $ Task 8 Subtotal: $ 5,550.00

9. (Optional) Boundary Survey

9.1 Surveyed and Field-Marked Property Boundary lines in Work Vicinity 12 $ 650.00 $ 3,290.00 Task 9 Subtotal: $ 3,290.00
Total: 86,600.00 $
43 of 77

16.48 Geomorph Design Group ○ 2100 4th Street, No. 154 ○ San Rafael, California 94901 mobile/office 510-219-1064

MATT SMELTZER, P.E.

Principal Engineer/Geomorphologist
Matt Smeltzer is a fluvial geomorphologist and registered Civil Engineer specializing in multi-disciplinary water resources engineering applications for enhancing riparian and aquatic habitat through innovative stream restoration design and best management of stormwater, transportation, and flood control infrastructure. Matt has 24 years of continuous full-service consulting experience. He is proficient in assessment, planning, design, permitting, mitigation, construction, and monitoring.

Mr. Smeltzer is an expert in evaluating stream channel responses to impacts of urbanization, flood control, reservoir flow management, urbanization, levees and other structural obstructions. He has co-authored peer-reviewed publications re. fluvial geomorphology applications in water resources management, contributed to numerous academic seminars, and taught graduate-level environmental planning and design courses at the University of California-Berkeley, including the Spring 2023 Environmental Planning Studio in the College of Environmental Design. His clients include federal, state, and local government and non-governmental agencies, private individuals, private industry. He is an on-call consultant to multiple local government public works departments. Matt is the founder of Geomorph Design Group, a collaboration of professional consulting engineers, geomorphologists, biologists, geologists, and landscape architects specializing in stream restoration and bank erosion protection design, permitting, and construction.

PROFESSIONAL REGISTRATIONS
PROFESSIONAL ENGINEER, Civil Engineer No. 71671, State of California (expires 12-31-2023)

YEARS OF EXPERIENCE
24 YEARS

EDUCATION
UNIVERSITY OF CALIFORNIA, BERKELEY – M.L.A. in Landscape Architecture and Environmental Planning, 1998 UNIVERSITY OF CALIFORNIA, SAN DIEGO – White Mountain Research Fellow, 1998-2000 NATIONAL SCIENCE FOUNDATION – Graduate Student Research Fellowship Program, 1996-1997 UNIVERSITY OF MICHIGAN, ANN ARBOR – B.S.E. in Civil and Environmental Engineering, cum laude, 1995

PROFESSIONAL RESUME
PRINCIPAL ENGINEER/GEOMORPHOLOGIST – Geomorph Design Group, 2006-present (17 years). Responsible for business development, client liaison, project and contract management, subcontractor teamwork coordination, and principal-in-charge ensuring delivery of high quality multi-disciplinary work products, including watershed and geomorphic assessment reports, historical geomorphic analysis, erosion and sediment source site inventories, hydrologic and hydraulic modeling studies, synthetic hydrograph development, sediment transport modeling, low impact development stormwater handling and retrofits, scour protection for new bridge replacements, and biotechnical design for stream bank erosion protection, fish passage improvement, boulder-anchored and ballasted large wood habitat enhancement structures for reach-scale fish habitat improvement, two-dimensional hydraulic modeling for floodplain and side-channel activation and enhancement, stream flow gage installation and maintenance, FEMA elevation and floodway no-rise certificates, traditional stream bank stabilization including geotechnically engineered retaining walls, full-service environmental permit acquisition, mitigation and monitoring plans, GIS databases, RTK-GPS and Total Station surveying, drone-captured vertical ortho and oblique air photographs, engineer-sealed AutoCAD generated civil engineering design plans and specifications, construction permitting, management and supervision, etc.

SUPERVISING ENGINEER/FLUVIAL GEOMORPHOLOGIST – Stetson Engineers Inc., San Rafael, 1999-2006 (7 years). Full-service water resources engineering consulting for federal, state, and local agency clientele, including Department of Justice, Bureau of Indian Affairs, U.S. Forest Service, Tribal Governments, State Water Resources Control Board, County and Municipal public works departments, and private water supply districts and agencies.

Watershed geomorphic assessment, reservoir management, gravel augmentation, stream restoration design. 44 of 77

16.49 Resume for Matt Smeltzer, P.E. Relevant Experience

Geomorphology ● Engineering ● Design ● Permitting

Lower COM Creek Restoration Project
Kentfield, CA
Survey, drone photography, design, hydrology and
hydraulic modeling, environmental permitting
advisory, for 30% and 65% engineering design plans
for removing 350 lineal feet of an Army Corps of
Engineers concrete flood control channel and
restoring natural channel dynamics, and gradually
sloped channel banks supporting tidal wetland,
transitional, and upland riparian vegetation.

Unit 4 Channel Improvement Project
Ross, CA
Survey, design, hydraulic modeling and modeling
advisory, scour evaluation, environmental process
support, and agency outreach for design of flood risk
reduction improvements at the transition between
natural channel and the concrete flood control
channel, including removing a failed grade control
structure fish ladder with a detailed engineered
streambed material rock chute for fish passage
improvement, natural bed contour restoration, sheet
pile and concrete retaining walls, and vegetated rock
slope protection to mitigate bank stability impacts of
restored natural channel slope and grade.

SAFRR Flood Risk Reduction Project
Marin County, CA
Design, hydraulic modeling and modeling advisory,
for channel restoration, erosion protection, and
extensive mitigation riparian plantings at a
constructed floodplain diversion stormwater storage
facility on Fairfax Creek and a building obstruction
removal on San Anselmo Creek.

Urbanizing Channel Headcut Advance Rate
Walnut Creek, CA
Evaluated effects of deteriorated channel bed grade
control structure on the dynamics of natural channel
headcut advance in an incising stream impacted by
increased channel peak flows and reduced sediment
supply. Evaluated historical stereo-pair air
photographs to locate and map headcuts in years
preceding and during residential development for
multiple streams draining similar regional terrain.

On-Call Geomorphology Services
City of Orinda
On-Call fluvial geomorphology and civil engineering
services provider for City of Orinda Department of
Public Works. Evaluated effects of City structures on
sediment transport and bank erosion susceptibility.

On-Call Engineering Services
Town of Ross and Town of San Anselmo
On-Call civil and hydraulic engineering services
provider for Town of Ross and Town of San Anselmo
Public Works and Planning Departments, including
grading and drainage plan checking, hydrology report
review, and stormwater control plan
recommendations, and advisory re. permitting and
design of streambank stabilization and bank erosion
protection options.

Bank Erosion and Slide Failure Susceptibility Study
Moraga, CA
Topographic survey, installation and management of
continuous recording water level gages, hydraulic
model development and calibration, bank sediment
material characterization, and winter field creek
velocity measurements for evaluating potential for
urbanized Moraga Creek flows, creek bank saturation
from uncontrolled drainage and buried relict
drainageway, and other factors to cause bank erosion
at past historical and recent landslide sites.

Flood Zone 4 Flood Risk Reduction
Tiburon, CA
Historical geomorphic analysis, hydraulic model
evaluation, and field geomorphic design evaluation to
develop sets of recommendations for flood risk
reduction on historically ditched and leveed creeks
near sea level to recommending one-time and repeat
sediment and vegetation removal, culvert
replacement, stormwater culvert outfall replacements,
tree removal, and channel enlargement and erosion
protection project design at planning level with cost
estimations for preliminary cost-benefit analysis.

Left Bank Stabilization Project
Ross, CA
Design, environmental permitting, construction
documents, bid document advisory, construction
management, supervision, and monitoring for
boulder-anchored large wood habitat enhancing
creek bank stabilization project with live willow brush layering with Army Corps of Engineers Flood Control
Channel.

San Miguel Drive Surface Drainage Improvements
Walnut Creek, CA
Design advisory, design plans and environmental
analysis and permitting for design of stormwater
conveyance channel to handle discharge of culverted
stormwater at the property line.
45 of 77

16.50 Shedden Engineering & Surveying, Inc. ○ 148 Belmont Street, Santa Cruz, CA 95060 ○ 831 – 359 – 9640 #
BRIAN SHEDDEN, P.E., M.S.

Principal Engineer/Surveyor
Brian Shedden started Shedden Engineering & Surveying, Inc. in February 2016 and has a wide range of experience in civil engineering, water resources, geotechnical, and surveying applications. His primary focus has been stormwater management and design for ecological restoration projects. Currently, Mr. Shedden is the sole personnel at the company and is responsible for all projects that the company is involved with. His current responsibilities include project management, design of stormwater systems, hydrologic and hydraulic analysis, topographic surveys, grading and drainage plans, stream restoration design, and onsite technical field observations.

Shedden Engineering & Surveying, Inc. (SE&S) operates out of Santa Cruz, California. SE&S provides a wealth of services to private clients, public agencies, and other engineering, surveying, and consulting companies in Northern and Central California. The company provides clients with solutions for ecological design, stream restoration, civil grading and drainage, topographic surveys, and project management.

SE&S routinely partners with other business to form teams that can tackle multiple aspects of a project.

PROFESSIONAL REGISTRATIONS
PROFESSIONAL ENGINEER, Civil Engineer No. 84817, State of California (expires 3-31-2024) FAA LICENSED SUAS REMOTE DRONE PILOT, Certificate No. 4783882

YEARS OF EXPERIENCE
10 YEARS

EDUCATION
CAL POLY STATE UNIVERSITY, SLO – M.S. in Civil & Environmental Engineering, Dec 2012, GPA: 3.8 CAL POLY STATE UNIVERSITY, SLO – B.S. in Civil & Environmental Engineering, June 2011, GPA: 3.8, Magna Cum Laude

PROFESSIONAL RESUME
PRINCIPAL ENGINEER/SURVEYOR – Shedden Engineering & Surveying, Inc., Santa Cruz, CA, 2016-present • S-Corp providing civil engineering and survey services in the Bay Area • Grading & drainage plans, stream restoration plans, erosion control plans, general civil site development, etc. • Topographic mapping, cross section surveys, construction staking, as-built surveys, drone surveys, etc. • Project management, project scope development, proposal preparation, report preparation, construction oversight, team coordination, hydraulic and hydrologic analysis • Preparation of construction documents, specifications, material calculations, cost estimates, bid forms, etc.

CIVIL ENGINEER/SURVEYOR – Geomorph Design Group (gDg), San Rafael, CA, 2016-present • gDg is a group of independent professional fluvial geomorphologists, civil engineers, hydraulic modelers, and biologists that provide solutions to a wide-range of fluvial-related issues. Projects include stream restoration design, bank stabilization and enhancement design, construction supervision, expert witness for erosion and landslide issues, and regulatory compliance and permitting. Our independent collaborative business model allows for cost-effective and responsive expertise for clients ranging from private landowners to municipalities.

SENIOR ENGINEER - Haro, Kasunich & Associates Inc., Watsonville, CA, July 2016 – May 2021 • Senior Engineer responsible for design of coastal structures, wave forces, wave runup, foundations, retaining wall criteria, tie-back anchor criteria, landslide mitigation, settlement remediation, etc. • Project management, project scope development, proposal preparation, report preparation, construction oversight, field technician work, nuclear gage testing
STAFF ENGINEER - Waterways Consulting Inc., Santa Cruz, CA, May 2013 – January 2016 • Designed stormwater systems, channels, complex cut/fills slopes, pedestrian trails, general civil site development projects
• Survey Party Chief responsible for managing projects and training new employees • Coordination and correspondence with clients, subconsultants, and contractors STAFF ENGINEER - Tetra Tech, SLO, CA, May 2012 – September 2012 STAFF ENGINEER - Central Coast Regional Water Quality Control Board, SLO, CA, May 2011 – May 2012 46 of 77

16.51 Shedden Engineering & Surveying, Inc. ○ 148 Belmont Street, Santa Cruz, CA 95060 ○ 831 – 359 – 9640

RELEVANT EXPERIENCE
No-Rise Certificate for Water Line
Felton, CA
Survey, hydrology and hydraulic modeling, HEC-RAS
existing and proposed conditions model of new water
supply line for the City of Santa Cruz drinking water.

The proposed water line crosses Zayante Creek.

Showed that the new line would not cause a rise in
the base flood elevations or floodway elevations per
FEMA guidelines.

Biotechnical Bank Erosion Protection and Habitat
Enhancement Project
Woodside, CA
Survey, analysis, and design plans for the stabilization of a landslide along the bank of the Bear Gulch Creek.

Improvements included rebuilding the slope at a
2H:1V slope, installing large engineered log-jam
boulder-anchored structures, constructing vegetated
soil lifts, and revegetating the entire project area. Ongoing annual monitoring and reports as required by agencies.

Creek Bank Slide Failure Repair
Moraga, CA
Hydrologic and hydraulic analysis, survey, and design
of vegetated rip-rap slope protection for a landslide
bank failure on the South Branch of the Moraga Creek.

Stabilized slope protects two properties. Dewatering of the creek during summer months to allow for
construction and access to the site. Revegetation with
native species as required by agencies.

Bluff Top Stabilization Project
Palo Alto, CA
Survey, hydrology, hydraulic analysis, and design of a
tied-back retaining wall along the San Francisquito
Creek protecting a road for the Oak Creek
Apartments. Part of a multi-disciplinary team to
analysis the existing wall that was undermined due to
high flows from the creek and upgrade it to provide
continued protection to the road. Produced design
plans in coordination with the larger team.

San Geronimo Large Wood Enhancement
San Geronimo, CA
Worked for Salmon Protection and Watershed
Network (SPAWN) to provide habitat enhancements
and bank stabilization on the San Geronimo Creek.

Topographic surveys, design of wood structures,
project plans, and design report for construction of
large wood habitat on San Geronimo Creek.

Lower COM Creek Restoration Project
Kentfield, CA
Survey, drone photography, design, hydrology and
hydraulic modeling, environmental permitting advisory,
for 30% and 65% engineering design plans for removing
350 lineal feet of an Army Corps of Engineers concrete
flood control channel and restoring natural channel
dynamics, and gradually sloped channel banks
supporting tidal wetland, transitional, and upland
riparian vegetation.

Unit 4 Channel Improvement Project
Ross, CA
Survey, design, hydraulic modeling and modeling
advisory, scour evaluation, environmental process
support, and agency outreach for design of flood risk
reduction improvements at the transition between
natural channel and the concrete flood control channel, including removing a failed grade control structure fish ladder with a detailed engineered streambed material
rock chute for fish passage improvement, natural bed
contour restoration, sheet pile and concrete retaining
walls, and vegetated rock slope protection to mitigate
bank stability impacts of restored natural channel slope and grade.

SAFRR Flood Risk Reduction Project
Marin County, CA
Design, hydraulic modeling and modeling advisory, for
channel restoration, erosion protection, and extensive
mitigation riparian plantings at a constructed floodplain diversion stormwater storage facility on Fairfax Creek
and a building obstruction removal on San Anselmo
Creek.

Green Valley Creek Bruno Reach Large Wood
Material Enhancement
Sonoma, CA
Topographic survey, hydrologic & hydraulic analysis,
and design of wood debris structures for the
enhancement of existing large wood debris in the Green
Valley Creek. Worked for the Gold Ridge RCD to
provide design plans for construction. Project provided habitat for salmonoid species in the creek.

Private Driveway Bridge Replacement and Bank
Erosion Protection Project
Nicasio, CA
Survey, hydrologic and hydraulic analysis, and design of a stabilized rip-rap bank and replacement of an existing private driveway bridge. Coordinated work with a
structural engineer to position the bridge in accordance with the creek flow elevations. Design plans submitted
to all governing agencies for approval prior to
construction.
47 of 77

16.52 320 Alamo Ave. Santa Cruz, CA 95060
ph. 831.246.1718 e. [email protected]
w. wallslandwater.com
l. www.linkedin.com/in/scottpwalls/

EDUCATION SKILLSET INTERESTS PROFESSIONAL & RESEARCH EXPERIENCE Master of Landscape Architecture, Environmental Planning University of California, Berkeley Thesis: A geomorphic typology to characterize surface-groundwater interactions in the Russian River Basin Committee members: G. Mathias Kondolf (chair), Joe McBride, John Radke, Sally Thompson Honors & Awards: LAEP Departmental Award, Berkeley Circus 2012 Merit Award, Portuguese Study Program Research Award (2012, 2013), Continuing Graduate Student Fellowship, Beatrix Farrand Scholarship, Scott Traveling Fellowship Bachelor of Science, Hydrologic Sciences (Honors) University of California, Santa Barbara Honors & Awards: Phi Beta Kappa Honors Society, Departmental Honors, Dean’s List, College of Letters and Science Honors Program, Golden Key International Honor Society, Dean’s List, Shoreline Preservation Fund Undergraduate Scientific Diver Award. UC Education Abroad Program at the Universidad de Chile and Pontificia Universidad Católica de Chile.

May 2013
Jun 2006
Owner/Operator. walls land+water, llc. Santa Cruz, CA July 2011 - present Small business owner providing support for private sector, non-profit organizations, government, consulting firms, expert witness, and academia throughout the United States, Latin America, Europe, and Asia. Specialties include applications of hydrology, fluvial geomorphology, geospatial analysis, and watershed science. Specific technical services include GIS & remote sensing, cartography, river restoration design, total station and rtkGPS topographic surveys, unmanned aerial sytem (UAS) LiDAR and photogrammetric surveys and processing, field equipment design / installation and monitoring, hydrologic data collection and analysis, and geomorphic watershed assessments. Creative services offered include scientific / technical illustration, photorealistic and artistic rendering, graphic design, and aerial / ground-based photography.

Fluvial Geomorphologist / Geospatial Specialist. geomorphDESIGN group (gDg). San Rafael, CA. June 2016 - Present gDg is a group of independent professional fluvial geomorphologists, civil engineers, hydraulic modelers, and biologists that provide solutions to a wide-range of fluvial-related issues. Projects include stream restoration design, bank stabilization and enhancement design, construction supervision, expert witness for erosion and landslide issues, and regulatory compliance and permitting. Our independent collaborative business model allows for cost-effective and responsive expertise for clients ranging from private landowners to municapilites.

Project Manager / CFO. International Watershed Partners (IWP). San Francisco, CA Dec 2012 - Dec 2018 IWP was a startup NGO that promotes healthy watersheds by facilitating collaborative projects between professionals, graduate students, and disadvantaged communities. Responsibilities included project management, managing budgets and fundraising, public outreach, technical assistance, and Spanish language translation. Project locations include Ecuador, Cuba, and Nicaragua.

Ecohydrologist. cbec ecoengineering, inc. West Sacramento, CA. Nov 2013 - Dec 2016 Involved part-time / on-call on multiple projects using GIS for water resources planning which included using an array of spatial datasets and stakeholder input to prioritize mitigation sites and develop conceptual designs in the Sacramento area.

GIS Specialist. Deer Creek Resources. Chico, CA. May 2013 - Oct 2013 Provided on-call emergency response incident mapping, mobile network management, computer hardware, mechanical / electrical support, and system administration for wildfires and other natural disasters in the western US.

Natural Resources:

Geospatial:

Creative:

Hydrology + Geomorphology + Restoration Design + Riparian Ecology + Regulatory Compliance GIS + Remote Sensing + Topo/Bathy Survey + UAV Photogrammetry / LiDAR + Database Mgmt.

Carto/Graphic Design + Data Visualization + Photorealistic / Artistic Rendering + Illustration + Photography Professionally, academically and personally, I am interested in solving environmental problems with a combination of rigorous interdisciplinary science, traditional and modern technical data collection techniques, sound and creative design, and clear, easily digestible deliverables for a broad spectrum of professionals, clientele, regulators, and the public. I prefer to be involved in all ends of a project, from project management, field work, data collection and analysis, design and deliverables. My favorite parts of my profession are studying new systems and environments, getting my feet wet and hands dirty, being resourceful and creative, and applying traditional and state-of-the-art science and technology to deliver the best possible product in an efficient manner.

SCOTT WALLS, MLA.EP
fluvial geomorphologist | geospatial specialist | watershed planner 48 of 77

16.53 Software: ArcGIS Desktop, QGIS, AutoCAD Civil 3D, HEC-RAS, HEC-HMS, HEC-SSP, ENVI, ERDAS Imagine, MATLAB, Microimages TNTmips, Microsoft Office, Adobe Creative Cloud (Photoshop, Illustrator, InDesign, PremierPro), Sketchup, Tableau Desktop, Agisoft Photoscan, Pix4Dmapper, GeoCue TrueView EVO / LP360 Computer Languages: Familiarty with Python, R, SQL, HTML/CSS Field: Topographic survey (rod & level, total station, RTK GPS), UAV photogrammetric/LiDAR mapping, SLAM LiDAR, geomorphic/ habitat assessments, stream gage and staff plate installation, flow measurement, sediment sampling, biological monitoring Regulatory Compliance: CEQA/NEPA, RWQCB 401, USACE 404, CDFW 1602 Permits Graduate Student Instructor. University of California, Berkeley Fall 2011 Landscape Arch/Geography 188C, Geographic Information Systems. Professor: John Radke Instructed nearly 100 undergraduate and graduate students on the conceptual and applied / technical applications of GIS and remote sensing. Instruction included data aquisition, management, and analysis, cartographic design, networking, troubleshooting, etc. Primary software application taught was ArcGIS Desktop and extensions.

TECHNICAL TEACHING EXPERIENCE CONT. PRESENTATIONS
Historical Ecology of the Russian River. Incised Channel Workshop. Napa, CA. September 2013.

Restoring Connectivity and Process in Urban Coastal Streams, Ribeira da Laje at Oeiras. Lisbon, Portugal. June 2012.

The Evolution of the Wildbird Tidal Mudflat Design in Fukuoka, Japan. Southwest National Scenic Area Conference. Tainan, Taiwan. May 2012.

Post-project performance of a multi-phase urban stream restoration project. 2012 Berkeley River Restoration Symposium.

December 2012.

Tidal Influence: Tidal Marsh Restoration Plan for Walnut Creek. 2012 UC Berkeley CED Circus. April 2012

PUBLICATIONS OTHER
Touma BR, Kondolf GM, Walls SP. 2020. Impacts of sediment derived from erosion of partially-constructed road on aquatic organisms in a tropical river: The Río San Juan, Nicaragua and Costa Rica. PLOS ONE.

Mossa J, Chen YH, Walls SP, Kondolf GM, Wu CY. 2020. Channel and vegetation recovery from dredging of a large river in the Gulf coastal plain, USA. Earth Surface Processes and Landforms.

Mossa J, Chen YH, Walls SP, Kondolf GM, Wu CY. 2017. Anthropogenic Landforms and Sediments from Dredging and Disposing Sand Along the Apalachicola River and its Floodplain. Geomorphology.

Russian River Independent Science Review Panel. 2016. Conceptual Model of Watershed Hydrology, Surface Water and Groundwater Interactions and Stream Ecology for the Russian River Watershed.

Languages: Proficient in Spanish
References: Available upon request
Staff Scientist. Swanson Hydrology + Geomorphology. Santa Cruz, CA Jun 2007 - Jun 2009 Supported an interdisciplinary team of engineers and scientists through all phases of various stream and wetland restoration projects, watershed assessments, and regulatory compliance through California, Nevada, and Oregon.

Research Assistant. University of Hawaii. Bocas Del Toro, Panama Jun 2006 - Apr 2007 Assisted a NSF-sponsored long-term coral reef biology project at the Smithsonian Tropical Research Institute in Bocas del Toro, Panama. Duties included field work on SCUBA and snorkel, experimental design, laboratory and wetlab, data processing, GIS, public outreach, educational presentations, and small boat operation. Advisor: Dr. David Carlon Graduate Student Researcher. California Land Stewardship Institute. Napa, CA Jan 2012 - May 2013 Provided assistance to the California Land Stewardship with data collection and organization of the Russian River Independent Science Review Panel (ISRP). Research included stream gage installation, flow monitoring, data analysis and rating curve development, and development of a conceptual model of surface-groundwater interactions in the Russian River basin.

Staff Scientist. Waterways Consulting, Inc. Santa Cruz, CA Nov 2009 - Jun 2011 Worked closely with engineers and scientists to assist clients in all phases of planning, design, permitting and construction for a variety of projects. These projects include restoration design, fish passage improvements, watershed assessments, hydrological/hydraulic analyses, and regulatory compliance. Responsibilities included GIS analysis/CAD design, watershed analyses, hydrologic data collection and analysis, visualization and cartography, restoration design, report writing and production, project management, regulatory document preparation and field work. 49 of 77

16.54 ATTACHMENT 1
2 50 of 77

16.55 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services
Prepared by
Jodi M. McGraw, Ph.D.

Jodi McGraw Consulting
PO Box 221 • Freedom, CA 95019• (831)-768-6988
[email protected]
www.jodimcgrawconsulting.com
Submitted to
HDR
2379 Gateway Oaks Drive, Suite 200
Sacramento, CA, 95833
Attention:

Tim Nguyen, PE, Project Manager
Julie McNamara, Compliance Lead
City of Santa Cruz Water Department
123 Jewell Street, Santa Cruz, CA
Attention: Zeke Bean
July 24, 2023
51 of 77

16.56 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 1 July 2023
Project Background
HDR Inc. is assisting the City of Santa Cruz Water Department (City) with oversight and implementation of the Felton Diversion Pipeline Emergency Repair Project along the South Bank of Zayante Creek (Project). The Project will stabilize the bank (approx. 200 feet long) and repair a 100-foot-long section of the pipeline located south of Graham Hill Road near Roaring Camp Road, that was exposed during winter 2023 as a result of bank erosion associated with high winter flows in Zayante Creek. The Project Area, which is the area in which all project work as well as vehicle access and equipment and materials staging will occur, is anticipated to be 100 feet wide and 400 feet long (T. Nguyen, pers. comm. 2023).

The Project will occur in an area that features sensitive riparian habitat, specifically box-elder forest and woodland, as well as coast live oak woodland and forest, and urban/developed areas (Dudek 2021). The Santa Cruz area is known as a hotspot for sensitive special-status species, especially species associated with the Sandhills Ecosystem. However, the Zayante Creek repair location is located outside of the boundary of Sandhills Ecosystems, as mapped by McGraw in 2021, excluding critical habitat for the Zayante band-winged grasshopper.

To assist with environmental compliance and monitoring of biological resources before, during, and after construction, HDR Inc. has engaged Jodi McGraw Consulting (JMc) to provide environmental services related to terrestrial and semi-aquatic species: HDR or other biologists will separately address biological resource protection measures related to the stream including fish and aquatic invertebrates.

As outlined in greater detail below, JMc’s work will include work to implement mitigation measures for biological resources identified in the Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program (EMP) which is included as Appendix A . The tasks include 1) preparing to conduct the project tasks by reviewing documents, attending meetings, and establishing a project geographic information systems (GIS) mapping system to facilitate surveys and monitoring; 2) assisting with worker environmental awareness training and compliance; 3) conducting pre-construction surveys; 4) implementing biological monitoring including daily clearance surveys, monitoring vegetation removal and initial ground-disturbing activities, and preparing inspection reports.

The following outlines the specific tasks that JMc will implement as part of the anticipated Project, for which construction is expected to occur between September and October 2023, with pre-construction surveys occurring in late August and early September. It is understood that the timing of the construction is subject to changes based on regulatory requirements and the construction contractor’s schedule of work. JMc will attempt to accommodate these schedule changes with advanced notice increasing our ability to do so.

Tasks
Task 1 Project Management and Meetings
JMc will prepare for work on the Project and coordinate with HDR and the City throughout the duration of the Project, through implementation of the following subtasks. 52 of 77

16.57 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 2 July 2023
Task 1.1: Review Documents
JMc will review documents pertaining to the Project. These are anticipated to include: Project plans, environmental compliance documents including the Environmental Monitoring Program (EMP), which is included as Appendix A, the Standard Construction Practices which is Exhibit J of the construction specifications, relevant sections of the Operations and Maintenance Habitat Conservation Plans (OMHCP) and (pending) Anadromous Salmonid Habitat Conservation Plan ((ASHCP)), schedules, memoranda, inspection reports, and other documents provided by the City or HDR, or made available on ProCore, that are related to JMc’s scope of services. The document review will allow JMc staff to become familiar with the Project and the environmental compliance requirements in which they are expected to monitor Task 1.2: Establish a Project GIS Mapping System
In this task, JMc will create a project GIS mapping system containing spatial data layers for the Project work areas, buffers, and staging areas, as well as other relevant reference layers, that will facilitate surveys and biological monitoring tasks. It also includes time to set up a mobile GIS mapping application (Field Maps app) that JMc will use to implement the pre-construction surveys and conduct inspections and monitoring (Task 4).

Task 1.3: Attend a Project Kick Off Meeting
JMc will prepare for and attend a Project kick off meeting with relevant Project personnel, including the City, HDR, and the contractor. The single meeting is assumed to be held at the Project site but JMc will attend via teleconference/screen share if that is more appropriate.

Task 1.4 Participate in Additional Project Meetings
JMc will attend Project meetings to coordinate the Project including the schedule and compliance issues, as the need arises. The budget assumes six (6) on-site meetings and six (6) additional meetings held via telephone or video conference during the course of the Project.

Task 1.5 Conduct Project Coordination and Administration JMc will maintain regular email and telephone communications with HDR, the City, and/or the contractor, as needed to coordinate our work on the Project including the schedule of the contractor’s work and JMc’s associated surveys and monitoring activities. JMc will also prepare and maintain the following documents required to administer the contract with HDR per the scope of work: site-specific safety plans, quality assurance/quality control plans, detailed level of effort and scope of work for each type of work and deliverables, and monthly Invoice Activity Summary sheets to document our work on the Project, as requested by HDR. 53 of 77

16.58 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 3 July 2023
Task 2 Worker Environmental Education Program
JMc will facilitate development, implementation, and compliance with the required worker environmental education program (WEAP) through implementation of the following subtasks.

Task 2.1: Prepare WEAP Training Materials
JMc will assist with preparation of the Project WEAP training video, which will be developed using Power Point. The budget assumes that JMc will prepare and narrate approximately eight (8) slides related to the biological mitigation measures in the EMP that JMc will play a lead role in implementing including pre-construction surveys for terrestrial and semi-aquatic species, wildlife exclusion fencing installation, and inspections and monitoring, and that HDR or the City will prepare other slides including for strictly aquatic biological resources, the Standard Construction Practices, general Project information, and other resource protection (e.g., cultural resources).

Task 2.2: Facilitate WEAP Compliance
JMc will monitor compliance with the WEAP including making sure that personnel on-site have received the training (i.e., have an appropriate sticker on their hard hats). This compliance review will largely take place while JMc is on site conducting other surveys and monitoring, as outlined in Tasks 3 and 4.

Task 3 Preconstruction Surveys
JMc will conduct the pre-construction surveys for semi-aquatic and terrestrial resources as outlined in the EMP and other relevant project documents. The surveys will occur within the Project work areas and applicable buffers. The Project work area is anticipated to be 400 foot by 100-foot area that includes the approximately 200-foot-long section of the creek bank as well as the staging area(s). Most surveys will feature a 50-foot buffer as noted below. Sheet C3 of the construction plans identify the approximate impact areas during the construction.

Task 3.1: Assess Sensitive Habitat
To address BIO-1, JMc will conduct an assessment of the Project Area to identify specific locations of any sensitive biological resources, including special-status plants, special-status wildlife, sensitive vegetation communities and habitat areas, and jurisdictional aquatic resources, including areas outside of but adjacent to construction work areas to minimize disturbance to these resources. Results of the survey will be provided in the pre-construction survey memo (Task 3.7). These surveys do not include a formal wetlands delineation.

Task 3.2: Conduct a Special-Status Plant Survey
To address BIO-2, JMc will conduct a focused special-status plant survey prior to construction .

This task includes time to assemble the target species list based on the review of habitats, identify reference sites and conducting reference site checks for any herbaceous species with at 54 of 77

16.59 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 4 July 2023
least moderate potential to occur in the area t. Results of the survey will be provided in the preconstruction survey memo (Task 3.7).

Task 3.3: Conduct a Special-Status Amphibian and Reptile Survey To address BIO-3, JMc will conduct a survey for Santa Cruz Black Salamander (Aneides niger), California Giant salamander (Dicamptondon ensatus), and western pond turtle (Actinemys marmorata). The survey will take place 48 hours prior to ground disturbance and the survey area will include damp upland areas adjacent to the creek as well as the wetted portion of the creek within the Project area and a 50-foot buffer. If any individuals of Santa Cruz black salamander, California giant salamander or western pond turtle are observed during the preconstruction survey or construction, JMc will record their location(s), which will be documented in the pre-construction survey memo (Task 3.7) and they will be allowed to move out of the area on their own. If individuals of these species were located during the preconstruction survey, immediately prior to construction these locations will be checked again for presence. Wildlife will be allowed to move out of the area on their own.

Task 3.4: Conduct a San Francisco Dusky-Footed Woodrat Survey To address BIO-4, JMc will conduct a pre-construction survey to locate woodrat middens (nests).

The surveys will take place no more than 14 days prior to the onset of construction activities.

The survey area will include all suitable habitat within the work areas plus a 50-foot buffer. JMc will map, photograph, and flag any middens found with high-visibility flagging tape. The preconstruction survey memo (Task 3.7) will document the woodrat nest locations and provide recommendations for fencing by the contractor or others where flagging would not be sufficient to facilitate avoidance (e.g., in areas very close to work or vehicle use).

If complete avoidance is not feasible, JMc can further assist the City and HDR with efforts to implement BIO-4 by dismantling and relocating the nest. However, this work is not covered in this scope and budget and would require an expansion of this scope of services.

Task 3.5: Conduct a Nesting Bird Survey
To address BIO-5, if construction begins during the nesting bird season (February 1 – August 31) JMc will conduct an avian nesting survey within 7 days prior to the start of vegetation removal or construction activities. Results of the survey will be provided in the pre-construction survey memo Task 3.7.

If JMc finds a nest during the pre-construction survey or during the course of monitoring vegetation removal and ground-disturbing activities (Task 4.3), JMc will work with HDR and the City to determine an appropriate no-disturbance buffer. JMc will work with the contractor to demarcate the no-disturbance buffer in the field with flagging and stakes or construction fencing.

Task 3.6: Conduct a Visual Bat Survey
To address BIO-6, JMc will conduct a visual survey for bats within 30 days prior to the removal of any trees and commencement of construction activities. The survey will evaluate whether any 55 of 77

16.60 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 5 July 2023
active bat roosts are present on or within 50 feet of the Project work areas. Results of the survey will be provided in the pre-construction survey memo Task 3.7.

If JMc identifies any non-breeding and non-wintering bat colonies, HDR or other qualified biologist will evict them following methods designed to ensure their protection and avoid unnecessary harm. Eviction of non-breeding or non-wintering bats will be conducted in coordination with tree removal (i.e., trees should be removed immediately after bat eviction) so that they bats do not return to the roost sites, which is typically done in a two-day process.

If JMc finds a maternity colony or overwintering colony within the work areas, HDR or another qualified biologist shall establish a suitable construction-free buffer around the location. During the course of monitoring and inspections, including clearing sweeps (Task 4), JMc will help ensure that the construction-free buffer remains in place until the qualified biologist determines that the colony is no longer active.

Task 3.7: Prepare the Pre-Construction Survey Memo
JMc will prepare a memo documenting all the pre-construction surveys. This task includes all work to describe the survey methods and results, including maps identifying the locations of any resources found, and to recommend species protection measures consistent with the applicable environmental documents and regulations.

Task 4 Biological Monitoring and Inspection Reporting
JMc will implement the following tasks to protect sensitive semi-aquatic and terrestrial resources through implementation of the following tasks.

Task 4.1: Monitor Fence and BMP Installation
To implement BIO-1 and BIO-3, JMc will monitor the contractor’s installation of construction fencing to avoid impacts to sensitive habitat (BIO-1), and wildlife exclusion fencing (WEF) to prevent amphibians and reptiles from entering the Project Area after the clearance survey (BIO3). JMc will review the plan specifications for the fencing including WEF and be on site during installation to ensure that impacts to native plants are minimized (BIO-1) and that the WEF is installed as specified, including that it is trenched in at least 4 inches, features compacted soil on both sides, and turn arounds at access points to direct amphibian and reptiles away from gaps in fencing.

JMc will also monitor the contractor’s installation of any erosion control best management practices which may (1) include silt fences, fiber or straw rolls, and/or bales along limits of work/construction areas and from the edge of the water course; (2) covering of stockpiled spoils; (3) revegetation and physical stabilization of disturbed graded and staging areas; and (4) sediment control including fencing, dams, barriers, berms, traps, and associated basins. 56 of 77

16.61 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 6 July 2023
Task 4.2: Conduct Daily Pre-Construction Sweeps
To implement Bio-3, JMc will conduct a daily pre-construction sweep for wildlife. This will occur prior to the onset of construction activities in the Project Area including all staging areas. JMc will conduct the sweeps prior to biological monitoring (Task 4.3). JMc will also conduct sweeps on days when JMc is not on site to monitor construction (Task 4.3) but when construction activities will occur.

Task 4.3: Conduct Biological Monitoring
To implement Bio-10, JMc will monitor vegetation removal and initial ground-disturbing construction activities for off-pavement work. JMc will also be present during the dewatering when there would be terrestrial impacts as well. Per the schedule provided by HDR, vegetation removal is anticipated to require one week. Initial ground-disturbing activities are anticipated to require one additional week after which there will be two weeks of dewatering. When not on site for monitoring, JMc will conduct weekly inspections of the site in conjunction with the daily pre-construction sweeps.

During monitoring, JMc will monitor for special-status and other native animal species and salvage and relocate them out of harm’s way in coordination with the City and relevant regulatory agencies as needed. JMc will also check any installed fences including WEF (Task 4.1) and buffers for any active nesting birds (Task 3.5) encountered at least once a week, and if nesting birds are determined to be present, will verify when the young have fledged before commencement of construction activities in proximity to the nest. If any protected species are found within the active construction footprint and are in harm’s way, JMc will have the authority to stop work. JMc will coordinate with HDR and the City to discuss the potential for additional protection measures, species relocation, agency coordination, and starting work again.

Task 4.4: Prepare Inspection Reports
JMc will keep a daily observation log and a photo log to describe monitoring activities, remedial actions, non-compliance, and other issues and actions taken. These reports will also cover any monitoring in Task 4 as well as monitoring necessitated by special-status species preconstruction surveys in Task 3.

JMc will complete inspection reports on ProCore or another HDR-or City-established reporting method, create and update tracking table(s) that identifies outstanding compliance issues, such as issues with the BMPs. These digital database can be provided by HDR and/or the City to agency personnel for inspection.

Schedule
The Project construction is anticipated to occur between mid-September through the end of October 2023. Pre-construction surveys will occur according to the timelines indicated in Task 3 and thus are 57 of 77

16.62 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 7 July 2023
anticipated to begin in mid- August. The actual project timeline will depend on the final Project schedule, which might be updated during the course of implementation depending upon the timeline required for construction.

Budget
Table 1 provides the itemized costs for the project. JMc will bill HDR on a time-and-materials basis based on the labor rates outlined in Table 1, and the IRS standard mileage rate at the time of travel. JMc’s billed costs per task and subtask may differ compared to those estimated in Table 1, depending on the actual level of effort required to implement the Project tasks. However, JMc’s total costs for the Project will not exceed $73,936.18 unless adjustments are approved by HDR in writing.

The following lists key assumptions about the level of effort which were used to prepare the budget, which reflect the schedule that was provided in July 2023.

1. The construction project will require 8 weeks as outlined in the draft schedule.

2. JMc will be on site for five, 10-hour days during the first five weeks:
a. BMP installation, to limit impacts to habitat and species (one week); b. Tree removal, to limit impacts to habitat and species (one week); c. Dewatering to monitor impacts to adjacent terrestrial habitat (two weeks); and d. The first week of construction to monitor ground disturbing activities (one week).

3. During the three weeks following initial ground-disturbing activities when not on site, JMc will conduct 15 days of daily sweeps that will require 3 hours each (including travel time).

4. JMc will prepare daily ProCore inspection forms and submit the daily inspections weekly with a summary email report requiring 2.5 hours each week.

References
City of Santa Cruz Water Department et al. 2021. Final City of Santa Cruz Operations and Maintenance Habitat Conservation Plan for the Issuance of an Incidental Take Permit Under Section 10(a)(1)(B) of the Endangered Species Act. January 2021. 172 pages City of Santa Cruz Water Department et al. 2023. DRAFT City of Santa Cruz Anadromous Salmonid Habitat Conservation Plan for the Issuance of an Incidental Take Permit Under Section 10(a)(1)(B) of the Endangered Species Act. June 2023. 443 pages Dudek. 2021. Biological Resources Assessment for the Newell Creek Pipeline Improvement Project.

November 2021.

Dudek. 2022. Newell Creek Pipeline Improvement Project EIR. March 2022. 58 of 77

16.63 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 8 July 2023
HDR. 2023. Felton Diversion Pipeline Emergency Repair Project construction documents including Environmental Monitoring Program (Exhibit B-1) and the Standard Construction Practices (Exhibit J-1). June 2023.
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16.64 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 9 July 2023
Table 1: Estimated costs for completion of the project
Task Ecologist ($135/hr.)
Asst. Ecologist
($105/hr.) Travel ($0.655/mile)
Other
Direct Costs Total Costs
# Item Hrs. Cost ($) Hrs. Cost ($) Miles Cost ($) Cost ($) ($) 1 Project Management and Meetings

1.1 Review Documents 12 1,620 8 840 - 2,460.00

1.2 Establish a Project GIS 16 2,160 - 2,160.00

1.3 Participate in Project Kick Off Meeting 4 540 4 420 71 46.51 1,006.51

1.4 Attend Project Meetings 15 2,025 22 2,284 300 196.50 4,505.25

1.5 Conduct Project Coordination and Administration 48 6,480 16 1,680 - 8,160.00 2 Worker Environmental Education Program (WEAP)

2.1 Prepare WEAP Materials 8 1,080 3 315 - 1,395.00

2.2 Facilitate WEAP Compliance 2 270 8 840 - 1,110.00
3 Preconstruction Surveys

3.1 Assess Sensitive Habitat 6 810 - 42 27.51 80.00 917.51

3.2 Conduct a Special-Status Plant Survey 12 1,620 - 68 44.54 1,664.54

3.3 Conduct a Special-Status Amphibian and Reptile Survey 8 1,080 - 21 13.76 1,093.76

3.4 Conduct a San Francisco Dusky-Footed Woodrat Survey 8 1,080 - 21 13.76 1,093.76

3.5 Conduct a Nesting Bird Survey 6 810 - 21 13.76 823.76

3.6 Conduct a Visual Bat Survey 8 1,080 - 21 13.76 1,093.76

3.7 Prepare the Pre-Construction Survey Memo 16 2,160 8 840 3,000.00 4 Biological Monitoring and Inspection Reporting

4.1 Monitor Fence and BMP Installation 8 1,080 50 5,250 - 6,330.00

4.2 Conduct Daily Pre-Construction Sweeps 12 1,620 45 4,725 519 6,345.00

4.3 Conduct Biological Monitoring 24 3,240 226 23,730 1,370 897.35 27,867.35

4.4 Prepare Inspection Reports 6 810 20 2,100 - 2,910.00 Total 219 29,565 410 43,024 2,454 1,267.43 80.00 73,936.18 60 of 77

16.65 Felton Diversion Pipeline Emergency Repair Project Biological Consulting Services Jodi McGraw Consulting (JMc) 10 July 2023
Appendix A: Environmental Monitoring Program
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16.66 Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-1
8 Exhibit B-1 Environmental
Monitoring Program
This Environmental Monitoring Program (EMP) for the Felton Diversion Pipeline Emergency Repair Project (Project) is intended to be used by City of Santa Cruz Water Department (SCWD) staff, its contractors and biological monitoring personnel to facilitate environmental regulatory and permit condition compliance during project construction and implementation. Measures identified in this EMP were developed during the preparation of the Bank Stabilization Plan for the Project. A master copy of this EMP shall be kept on the project worksite during working hours and shall be available for viewing upon request.

This EMP partially utilizes measures identified in the Environmental Impact Report (EIR) for the adjacent Newell Creek Pipeline Improvement Project and presents a detailed set of measures required for implementation. As noted above, the intent of the EMP is to facilitate the effective implementation and enforcement of all adopted measures. The EMP includes a list of relevant measures identified in the EIR and, for each measure, the party responsible for implementation and implementation timing (see Table 8-1). The EMP also includes the City’s standard construction practices (SCPs). Implementation of relevant EMP measures and SCPs are Contractor’s responsibilities, unless specifically called out to be City’s responsibility for the purpose of implementing EMP measures and SCPs, the term “Contractor” is as defined in Section 00 72 13 General Conditions of these Specifications.
62 of 77

16.67 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-2
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing

MITIGATION MEASURES, IDENTIFIED IN THE ENVIRONMENTAL IMPACT REPORT FOR THE NEWELL CREEK PIPELINE IMPROVEMENT PROJECT AND MODIFIED

FOR APPLICABILITY TO THE FELTON DIVERSION PIPELINE EMERGENCY REPAIR PROJECT (PROJECT) Biological Resources
BIO-1: Project Siting (Applicable to all Proposed Project sections). The City shall protect the specific locations of any sensitive biological resources, including special-status plants, special-status wildlife, sensitive vegetation communities and habitat areas, and jurisdictional aquatic resources, including areas outside of but adjacent to construction work areas to minimize disturbance to these resources. These locations shall be identified prior to construction and impacts to such resources will be avoided and minimized through placement of protective measures, such as fencing, staking and/or flagging to prevent equipment or workers from temporarily encroaching within these areas. Warning signs shall be posted on the temporary fencing to alert workers not to proceed beyond the fence, including the following language: “Notice: Sensitive Habitat Area. Do Not Enter.” The specific locations of sensitive biological resources to be protected will be identified by a qualified biologist and protective measures will be installed prior to the commencement of construction.

City responsible for hiring a
qualified biologist to identify
locations of sensitive
biological resources,
including areas that are
outside of but adjacent to
construction work areas.

City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Contractor is responsible for
providing and implementing
protective measures, in
coordination with City
and/or biologist.

Prior to construction: Qualified
biologist to identify sensitive
locations: Prior to construction.

Include measure in construction
specifications and contracts
Prior to and during construction:

Limit construction activities to
designated areas.

During construction: Periodic
inspections.

BIO-2: Special-Status Plant Surveys (Applicable to all Proposed Project sections). To identify specialstatus plants or plant patches to be avoided under BIO-1, a qualified botanist shall survey Proposed Project work areas not covered in the 2021 Newell Creek Pipeline Improvement Project surveys in accordance with standard protocols (CNPS 2001, CDFW 2018, USFWS 2000) prior to construction. The botanist or another qualified biologist with native plant identification training shall be present on site during the placement of protective fencing, staking, and/or flagging so that plants and their root zones are adequately protected from construction activities.

City responsible for hiring
qualified botanist/biologist
to conduct surveys and be
present on-site during
placement of protective
measures.

Contractor is responsible for
providing and installing
protective fencing, staking,
etc.

Conduct focused plant survey:

Prior to construction and during
appropriate bloom period.

Botanist/biologist monitoring:

During placement of protective
measures.

Periodic inspections: During
construction.

BIO-3: Conduct Special-Status Amphibian and Reptile Species Survey and Monitoring A pre-construction survey for Santa Cruz black salamander, California giant salamander, and western pond turtle shall be conducted within 48 hours prior to the initiation of ground disturbance in suitable habitat for these species (i.e., damp upland areas near/adjacent to existing aquatic features associated with creeks, and the wetted portion of creeks). The survey area shall include all suitable habitat within work areas, plus a 50-foot buffer. Following the survey, the contractor, under the direction of a qualified biologist, shall install wildlife exclusion fencing (WEF) along the boundary of the work area containing suitable habitat to City responsible for hiring
qualified biologist to
conduct surveys,
monitoring, and inspections,
and implement relocation, if
needed.

Pre-construction survey: 48
hours prior to initiation of
ground-disturbing activities in
suitable habitat.

Installation of fencing: Prior to
construction.
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16.68 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-3
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
prevent special-status amphibians and reptiles from entering the work area. WEF must be trenched into the soil at least 4 inches in depth, with the soil compacted against both sides of the fence for its entire length, and must have intermittent exit points. Turn-arounds shall be installed at access points to direct amphibians and reptiles away from gaps in the fencing. A daily pre-construction sweep for wildlife within all staging and work areas shall be conducted and a qualified biologist shall inspect WEF at least weekly when work is conducted within suitable habitat.

If any individuals of Santa Cruz black salamander, California giant salamander or western pond turtle are observed during the pre-construction survey or construction, their location(s) shall be recorded and they should be allowed to move out of the area on their own. Alternatively, they shall be moved to the nearest appropriate habitat outside of the work area by a qualified biologist with applicable regulatory approvals to capture, handle, and translocate these species.

To avoid entrapment of special-status as well as common amphibian and reptiles during construction, any trenches or pits measuring 1 foot or greater in depth that must be left open at the end of a day’s construction activities shall be either covered or encircled with WEF, or the end of any open walls shall be ramped at an approximate 2:1 slope to allow any wildlife that enters the excavation to escape. A qualified biologist may approve the use of an alternative method to prevent ingress or entrapment.

Contractor responsible for
installing and maintaining
WEF and ensuring trenches
and pits are left in specified
condition at the end of the
workday.

Daily monitoring: During
construction in suitable habitat.

Weekly fence inspection and
maintenance: During
construction.

Trench and pit condition: at the
end of each construction
workday.

BIO-4: Conduct San Francisco Dusky-Footed Woodrat Survey and Relocation. A pre-construction survey to locate woodrat middens shall be conducted by a qualified biologist no more than 14 days prior to the onset of construction activities. The survey area shall include all suitable habitat within the work areas, plus a 50-foot buffer. Woodrat middens found shall be photographed, mapped and flagged with high visibility flagging tape or fenced for avoidance. If middens are found and complete avoidance is not feasible, the following measures shall be implemented after obtaining approval from CDFW to avoid and reduce impacts on San Francisco dusky-footed woodrat:
a. A qualified biologist shall dismantle the nest by hand to allow for adult San Francisco dusky-footed woodrat individuals to escape (this work shall be conducted outside of the breeding season for this species which is April through June);
b. If young are observed during the dismantling process, the qualified biologist shall stop work for a minimum of 24 hours to allow the adult woodrats to relocate their young; c. Once the nest is determined to be vacant, the dismantling process shall be completed and the nest materials shall be collected and moved to another suitable location nearby and outside of the construction footprint to allow for nest reconstruction; and d. Where feasible, piles of cut vegetation and slash generated by project clearing and grubbing activities shall be left outside of, but near the work area, to provide refuge for woodrats that may become displaced by project activities.

City responsible for hiring
qualified biologist to
conduct survey and
implement relocation, if
needed.

Contractor shall follow City
biologist’s directions to
avoid and reduce impacts
on woodrat.

Pre-construction survey: Within
14 days prior to commencing
construction activities in suitable
habitat.

Relocation, if needed: Prior to
construction.
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16.69 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-4
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
BIO-5: Conduct Preconstruction Nesting Bird Surveys. Vegetation removal activities shall be conducted outside the bird nesting season (February 1 through August 31) as much as possible to avoid direct impacts to nesting birds. An avian nesting survey of the work areas and contiguous habitat within 100 feet of all impact areas must be conducted for protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 14 days prior to the start of vegetation removal or construction activities. Once construction has started, if there is a break in activities that exceeds 14 days, then another avian nesting survey shall be conducted. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no disturbance buffer, which will be determined by the biologist based on the species’ sensitivity to disturbance. The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The no disturbance buffer shall be demarcated in the field with flagging and stakes or construction fencing as determined appropriate by the biologist.

City responsible for hiring
qualified biologist to
conduct surveys and identify
appropriate no disturbance
buffers, as needed.

Contractor is responsible for
fencing/flagging.

Pre-construction survey: Within
14 days prior to initiation of
construction activities or
vegetation removal; subsequent
survey(s) required if construction
is paused for more than 14 days
during the nesting season.

Installation of fencing/flagging:

Following any observed nesting
activity within or adjacent to
project work areas.

BIO-6: Conduct Preconstruction Roosting Bat Survey. To the extent practicable, tree removal should occur outside peak bat activity timeframes when young or overwintering bats may be present, which generally occurs from March through April and August through October, to ensure protection of potentially occurring bats and their roosts within work areas. Additionally, daily restrictions on the timing of any construction activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species. Additionally, a visual bat survey should be conducted within 30 days prior to the removal of any trees and commencement of construction activities. The survey should include a determination on whether any active bat roosts are present on or within 50 feet of the project work areas. If a non-breeding and non-wintering bat colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure their protection and avoid unnecessary harm. If a maternity colony or overwintering colony is found within the work areas, then the qualified biologist shall establish a suitable construction-free buffer around the location. The construction-free buffer shall remain in place until the qualified biologist determines that the nursery is no longer active.

City responsible for hiring
qualified biologist to
conduct survey and identify
no disturbance buffers or
implement relocation, as
needed
Contractor is responsible for
fencing/flagging.

Pre-construction survey: Within
30 days prior to and again within
7 days of tree removal or
initiation of construction
activities.

Installation of fencing/flagging:

Following any observed maternity
or overwintering colony of bats
within or adjacent to project work
areas.

BIO-7: Biological Construction Monitoring A qualified biologist shall monitor vegetation removal and initial ground disturbing construction activities for off-pavement work and conduct periodic monitoring inspections for all other construction activities. The monitor shall check any installed WEF (MM BIO-6) and buffers for any active nesting birds (MM BIO-7) encountered at least once a week, and if nesting birds are determined to be present, shall verify when the young have fledged before commencement of construction activities in proximity to the nest. The biologist shall have stop-work authority in the event that a protected species is found within the active construction footprint. During construction, the biological monitor shall keep a daily observation log and a photo log to describe monitoring activities, remedial actions, non-compliance, and other issues and actions taken. These logs shall be kept on-site or tracked in a digital database and made available for inspection by agency personnel.

City responsible for hiring
qualified biologist to
conduct construction
monitoring.

Monitoring: During construction.
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16.70 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-5
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
NOI-1: Construction Noise (Applies to all segments). The Proposed Project shall implement the following measures related to construction noise:
 Restrict construction activities and use of equipment that have the potential to generate significant noise levels (e.g., use of concrete saw, mounted impact hammer, jackhammer, rock drill, etc.) to between the hours of 8:00 AM and 5:00 PM, unless specifically identified work outside these hours is authorized by the City’s Water Director as necessary to allow for safe access to a construction site, safe construction operations or efficient construction progress, such as required by the HDD pullback operations for the Brackney North segment.
 Construction activities requiring operations continuing outside of the standard work hours of 8:00 AM and 5:00 PM shall locate noise generating equipment as far as possible from noise-sensitive receptors, and/or within an acoustically rated enclosure (meeting or exceeding Sound Transmission Class [STC] 27), shroud or temporary barrier as needed to limit the propagation of sound into the surrounding areas in excess of the 60 dBA nighttime (10:00 PM to 8:00 AM) criteria at the nearest sensitive receptor. Noisy construction equipment, such as aboveground conveyor systems, and impact tools will likely require location within such an acoustically rated enclosure, shroud or barrier to meet the above criteria. Impact tools, in particular, shall have the working area/impact area shrouded or shielded whenever possible, with intake and exhaust ports on power equipment muffled or suppressed.
 Use of temporary or portable, application-specific noise shrouds, barriers or enclosures shall be required to shield nearby noise-sensitive receptors from equipment and operations that have the potential to generate noise levels in excess of the 75 dBA daytime (8:00 a.m. to 10:00 p.m.) criteria, as measured at nearby sensitive receptors. This generally corresponds with a distance of 125 feet from construction activities to the nearest sensitive receptor, however site-specific factors will need to be taken into consideration, such as the specific construction equipment mix, and intervening structures or topography that may result in associated noise reductions below the acceptable daytime noise threshold.
 Portable and stationary site support equipment (e.g., generators, compressors, and cement mixers) shall be located as far as possible from nearby noise-sensitive receptors.  Construction equipment and vehicles shall be fitted with efficient, well-maintained mufflers that reduce equipment noise emission levels at the project site. Internal-combustion-powered equipment shall be equipped with properly operating noise suppression devices (e.g., mufflers, silencers, wraps) that meet or exceed the manufacturer’s specifications. Mufflers and noise suppressors shall be properly maintained and tuned to ensure proper fit, function, and minimization of noise.
 Construction equipment shall not be idled for extended periods of time (i.e., 5 minutes or longer) in the immediate vicinity of noise-sensitive receptors.

City responsible for inclusion
of construction noise
requirements in
construction specifications
and contracts.

Contractor responsible for
implementation during
construction.

Include measures in construction
specifications and contracts:

Prior to construction.

Implementation of measure:

During construction.
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16.71 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-6
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing

STANDARD CONSTRUCTION PRACTICES INCLUDED IN THE PROPOSED PROJECT Erosion and Air Quality Control

1. Implement erosion control best management practices for all construction activities occurring in or adjacent to jurisdictional aquatic resources (resources subject to permitting under the Clean Water Act, Clean Water Act, Porter-Cologne Water Quality Act and/or California Fish and Game Code). These measures may include, but are not limited to, (1) installation of silt fences, fiber or straw rolls, and/or bales along limits of work/construction areas and from the edge of the water course; (2) covering of stockpiled spoils; (3) revegetation and physical stabilization of disturbed graded and staging areas; and (4) sediment control including fencing, dams, barriers, berms, traps, and associated basins.

City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

2. Provide stockpile containment and exposed soil stabilization structures (e.g., Visqueen plastic sheeting, fiber or straw rolls, gravel bags, and/or hydroseed).

City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

3. Provide runoff control devices (e.g., fiber or straw rolls, gravel bag barriers/chevrons) used during construction phases conducted during the rainy season. Following all rain events, runoff control devices shall be inspected for their performance and repaired immediately if they are found to be deficient.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

4. Implement wind erosion (dust) controls, including the following:
 Use a water truck;
 Water active construction areas as necessary to control fugitive dust;  Hydro seed and/or apply non-toxic soil binders to exposed cut and fill areas after cut and fill operations;
 Cover inactive storage piles;
 Cover all trucks hauling dirt, sand, or loose materials off site; and  Install appropriately effective track-out capture methods at the construction site for all exiting trucks.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

Water Quality Protection
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16.72 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-7
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing

5. Locate and stabilize spoil disposal sites and other debris areas such as concrete wash sites.

Sediment control measures shall be implemented so that sediment is not conveyed to waterways or jurisdictional aquatic resources (resources subject to permitting under the Porter-Cologne Water Quality Act Section 13000 et seq, Clean Water Act Section 404, Clean Water Act Section 401, and/or California Fish and Game Code).

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

6. Minimize potential for hazardous spills from heavy equipment by not storing equipment or fueling within a minimum of 65 feet of any jurisdictional aquatic resource unless approved by permitting agencies along with implementation of additional spill prevention methods such as secondary containment and inspection.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

7. Ensure that appropriate measures are taken to prevent gas, oil, or any other substances that could be hazardous to aquatic life or pollute habitat from contaminating the soil or entering jurisdictional aquatic resources by storing these types of materials within an established containment area.

Vehicles and equipment will have spill kits available, be checked daily for leaks, and will be properly maintained to prevent contamination of soil or water from external grease and oil or from leaking hydraulic fluid, fuel, oil, and grease. Any gas, oil, or other substance that could be considered hazardous shall be stored in water-tight containers with secondary containment. Emergency spill kits shall be on site at all times.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

8. Prevent equipment fluid leaks through daily equipment inspections. City responsible for inclusion of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

9. Implement proper waste/trash management. City responsible for inclusion of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

In-Channel Work and Fish Species Protection
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16.73 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-8
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing

1. In-Channel Erosion and Sedimentation Control. Implement streambed and bank protection measures for construction activities that are in or adjacent to streams and drainages. These measures may include:
a. Avoid activities in any active flowing channels when possible. b. Time work during the low flow season (June – October) when possible, to avoid work in a wetted channel. c. Utilize equipment or methods that do not require access in the channel. d. If work within a wetted channel cannot be avoided, isolate and temporarily bypass flowing water around work area before beginning work. e. Select appropriate equipment to minimize disturbances such as tracked or wheeled vehicles depending on site conditions. f. Use “floating” platforms to distribute the weight of heavy equipment during mobilization in saturated soils.

2. In-Channel Fish Species Protection. Decontaminate tools and equipment prior to entering waterways.

3. In-Channel Dewatering Measures. Implement dewatering measures for projects that cannot avoid impacts when working in a flowing stream. Measures may include:
a. Isolate the work area from the stream by diverting the entire streamflow around or through the work area by a pipe or open channel. b. The work area shall remain isolated from flowing water until any necessary erosion protection is in place. c. Where feasible, techniques shall be used to allow stream flow by gravity. d. All diversions shall maintain ambient flows.
e. All water shall be discharged in a non-erosive manner using energy dissipators such as on:
i. Gravel or vegetated bars.
ii. Haybales, plastic, concrete.
iii. In storm drains when equipped with filtering devices. f. All discharged water below the work area shall not be diminished or degraded by the diversion. g. Dirt, dust, or potential discharge material in the work area will be contained and prevented from entering the flowing channel. 69 of 77

16.74 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-9
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
h. Removal of all foreign materials and temporary diversion structures such as, temporary fills, access ramps, diversion structures, or coffer dams shall be removed:
i. When the work is complete.
ii. As soon as reasonably possible, but no more than 72 hours after work is complete. i. Normal flows shall be restored to the affected stream as soon as is feasible or safe after completion. j. If water must be pumped around the work area, as gravity flow is not feasible:
i. Pumps and hoses shall be screened to prevent vertebrate intake. ii. Sumps or basins may be used where appropriate to collect water (e.g., in channel with low flows). k. If a bypass diversion will be open channel design, the berm confining the channel may be constructed of material from the channel. l. Suitable site-specific conditions for a coffer dam installation up and downstream include:
i. Proximity to the construction zone.
ii. Type of construction activities to be conducted.
m. If coffer dams installation is determined to be suitable for the site, construction shall be adequate to prevent seepage into or from the work area to the maximum extent feasible.

4. In-Channel Species Capture and Relocation. Implement aquatic species capture and relocation during temporary water diversion to the extent feasible to minimize the potential for killing or harming native aquatic vertebrates in the work area. If the safety of the biologist conducting the capture may be compromised or if the equipment or gear is not reasonably effective for the operation, relocation is not required. Measures may include:
a. Work area may be isolated using fine mesh or block nets. b. Methods of removal will be determined based on the site conditions but may include electrofishing, dipnet, or seine. c. Relocation shall be done by a qualified biologist.
d. Relocation shall be in a nearby suitable habitat.
e. Handling and holding time will be minimized to the maximum extent practicable. 70 of 77

16.75 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-10
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
f. As the work site is de-watered, the remaining pools will be inspected for presence of aquatic species suitable for relocation.

General Habitat Protection

13. Minimize disturbance of riparian vegetation to the maximum extent feasible when working in or adjacent to an active stream channel.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Periodic inspection during
construction to ensure no
violations.

14. Restore all temporarily disturbed sensitive natural communities areas by replanting native vegetation using a vegetation mix appropriate for the site.

City responsible for replanting. Upon completion of
construction.

16. A qualified biologist will conduct a training-educational session for project construction personnel prior to any mobilization-construction activities within the project sites to inform personnel about species that may be present on site. The training shall consist of basic identification of special-status species that may occur on or near the project site, their habitat, their basic habits, how they may be encountered in the work area, and procedures to follow when they are encountered. The training will include a description of the project boundaries; general provisions of the Migratory Bird Treaty Act, California Fish and Game Code, and federal and state Endangered Species Acts; the necessity for adhering to the provision of these regulations; and general measures for the protection of specialstatus species, including breeding birds and their nests. Any personnel joining the work crew later shall receive the same training before beginning work.

City responsible for hiring
qualified biologist or trained
designee to conduct training.

Contractor is responsible for
making its staff available for
attending training session(s).

Training: Prior to construction
and prior to new work crews
coming onto the site.

Dewatering
Inadvertent Discoveries of Archaeological Resources and Human Remains

24. Any unrecorded archaeological resources (sites, features, and/or artifacts) exposed during construction are subject to protection and consideration under CEQA and the California Public Resources Code (PRC) as well as Section 106 of the National Historic Preservation Act (NHPA) as detailed in the Code of Federal Regulations (CFR). The CEQA Guidelines Section 15064.5(f) specifically addresses provisions the City of Santa Cruz will make regarding accidental discovery of historical or unique archaeological resources during construction. The responsibilities of the lead City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor and City
responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.
71 of 77

16.76 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-11
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
federal agency to avoid, minimize or mitigate adverse effects to a “historic property” (36 CFR Section 800.16) are detailed in 36 CFR Section 800.13[b] and would be applicable for a project with federal involvement by way of funding, permitting, approval authority, or other means.

In general, the implementation procedures under CEQA and the NHPA in the case of an inadvertent archaeological discovery during construction are similar and are as follows:
 If archaeological resources are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find. The duration of the exclusion zone will be determined by the City and the federal lead agency and is contingent on the approved course of action in response to the discovery.  Immediately notify the City Project Manager who shall immediately notify the Water Department Deputy Director/Engineering Manager
 A qualified archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards will evaluate the state and federal significance of the find for eligibility to the California Register of Historical Resources (CRHR) and the National Register of Historic Places (NRHP) in coordination with City staff.
 The City will notify the lead federal agency within 24 hours of discovery. The notification shall describe the assessment of the NRHP eligibility of the resource, specify the NRHP criteria used to evaluate the property’s eligibility, and propose actions to resolve any adverse effects.
 The federal lead agency will contact the State Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), and any interested locally affiliated Native American tribes. The SHPO, ACHP, and Native American tribes will respond within 48 hours of the notification. The federal lead agency shall consider any recommendations regarding National Register eligibility and proposed actions and notify the City of the appropriate actions. The federal lead agency official shall provide the SHPO and the ACHP a report of the actions when they are completed.
 Avoidance and/or minimization of impacts/effects is the preferred course of actions under both state and federal guidelines. If preservation in place is not feasible, additional study will likely be required. In coordination with the lead federal agency, the City will prepare a data recovery/treatment plan for retrieving important archaeological data relevant to the site’s significance. The data recovery/treatment plan will be submitted to participating tribes and agencies for review and comment prior to implementation. 72 of 77

16.77 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-12
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
 If the inadvertent discovery location cannot be avoided, and continuing work would have an adverse effect on the site, the federal agency, in coordination with the City, SHPO, and Native American tribes as appropriate, will need to draft and finalize a Memorandum of Agreement for the treatment of the historic property before work can proceed.  Implementation of the data recovery/treatment plan may include archaeological excavations, technical and laboratory analysis, and further consultation and coordination with Native American tribal representatives.
 A full written report will be prepared to include the results of all technical analyses and special studies and will be provided to participating tribes and agencies for review and comment. The report will be filed with the Northwest Information Center and will also provide for the permanent curation of recovered materials.

25. In California, the illegal possession of human remains is a felony, punishable by imprisonment (California Penal Code Section 1170[h]; Public Resources Code 5097.99[a] and [b]). Inadvertent discoveries of human remains exposed during construction on non-federal lands are subject to protection under CEQA and the NHPA. In accordance with Section 7050.5 of the California Health and Safety Code and the NHPA, if potential human remains are found, immediately notify the City, the lead federal agency, and the Santa Cruz County Coroner of the discovery. The Santa Cruz County Coroner will provide a determination within 48 hours of notification. No further excavation or disturbance of the identified material, or any area reasonably suspected to overlie additional remains, can occur until a determination has been made.  If human remains are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find. The duration of the exclusion zone is contingent on the course of action mandated by the City and lead federal agency.
 If the Santa Cruz County Coroner determines that the remains are, or are believed to be, Native American, the coroner will notify the Native American Heritage Commission (NAHC) within 24 hours and all the actions described in these Standard Construction Practices regarding Inadvertent Archaeological Discoveries shall be followed.  In accordance with California Public Resources Code, Section 5097.98 and Section 106 of the NHPA, the NAHC must immediately notify those persons it believes to be the Most Likely Descendant (MLD) from the deceased Native American.  Within 48 hours of this notification, the MLD will recommend to the City and lead federal agency her/his preferred treatment of the remains and associated grave goods.

City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor responsible for
implementation per City’s
direction.

Prior to construction, include
measure in construction
specifications and contracts.
73 of 77

16.78 8 – Exhibit B-1 Environmental Monitoring Program
Felton Diversion Pipeline Emergency Repair Project Environmental Monitoring Program 12287.04 June 2023 8-13
Table 8-1. Environmental Monitoring Program
Measures and Standard Practices Party Responsible for
Implementation Implementation Timing
 The ultimate disposition of the remains will be coordinated between the City, the federal agency, the MLD, the landowner, and the NAHC (if necessary).  The lead federal agency will have additional government-to-government consultation requirements per the requirements of Section 106 [36 CFR § 800.2(c)(2)(ii)] which cannot be delegated to non-federal entities.

Other Practices

26. Notify adjacent property owners of nighttime construction schedules. A Construction Noise Coordinator will be identified. The contact number for the Construction Noise Coordinator will be included on notices distributed to neighbors regarding planned nighttime construction activities. The Construction Noise Coordinator will be responsible for responding to any local complaints about construction noise. When a complaint is received, the Construction Noise Coordinator shall notify the City within 48 hours of the complaint, determine the cause of the noise complaint, and implement as possible reasonable measures to resolve the complaint, as deemed acceptable by the City.

City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

27. For construction in wildlands or in the wildland-urban interface, internal combustion engine equipment shall include spark arrestors, fire suppression equipment (e.g. fire extinguishers and shovels) shall be stored onsite during use of such mechanical equipment, and construction activities shall not be conducted during red flag warnings issued by the California Department of Forestry and Fire Protection (CAL FIRE) unless adequate fire protection measures are implemented in compliance with federal, state, and local fire prevention and protection regulations and guidance. Fire safety measures will be detailed in a Fire Safety Program on a project-by-project basis. Red flag warnings and fire weather watches are issued by CAL FIRE based on weather patterns (low humidity, strong winds, dry fuels, etc.) and listed on their website
(https://www.fire.ca.gov/programs/communications/red-flag-warnings-fire-weather-watches/).

City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.
74 of 77

16.79 Santa Cruz Water Program
Service Order 9.7 - Felton Diversion Pipeline 2023 Emergency Repairs City of Santa Cruz
Program Management Services, Service Order 9.7 — Amendment No. 2024-1.1 Task
No. Task Description PM Engr Engr Engr Engr
Tech
Specalist
(ENV)
CM CM Admin Admin Total HDR Total APC Charge
Total HDR
Expenses at 5%
labor
Subs w/ Total
Rate Range 5 4 3 2 1 2 5 5 3 2 Labor Hours ($) $5.25 + 5% MU ($) 5% MU ($) Cost ($) Tim Nguyen D. Kitzmann A. Yim, L.

Kwan C. Leary
Anahita E, H.

Karlsson, B.

Andrews
J.

McNanamara R. Hatton E, Zadeh S. Goings D. Zaplava
SERVICE ORDER 9.7 PM, Bid Support, ESDC, CM and Environmental Monitoring Services Task 2-2.5-- Supplemental PM Services
2-2.5 Supplemental PM Services 12 0 0 0 6 100 0 0 0 0 118 $ 22,309 $ 620 $ 1,381 $ - $ 24,310 2-2.5.1
Project Management (0.25 FTE CM
20w;0.1 FTE CM 20w; 0.1 FTE EIT 26w)-
INCLUDED IN PREV FEE OF $103,204
0 0 0 $0 $0 $0 $0
2-2.5.2 3 site visits for PM during construction) 1
site visit for EIT during closeout 12 6 18 $4,315 $95 $437 $0 $4,846 2-2.5.3 Env. Coordination/ administration (5 hrs
20w) 100 100 $17,994 $525 $945 $0 $19,464
Subtotal Task 1 12 0 0 0 6 100 0 0 0 0 118 $22,309 $620 $1,381 $0 $24,310 Task 5-ECIP.301 - Bid Support, ESDC, CM Inspection, and Environmental Monitoring Services

5.1 Bid Support Services 58 1 6 10 20 0 0 0 0 0 95 $ 23,412 $ 499 $ 1,334 $ 2,100 $ 27,345

5.1.1 Bid support services (PM 8 hrs, 6 w) 48 48 $13,972 $252 $734 $14,958

5.1.2 Site visits (1 prebid, 1 bid opening) 10 10 $2,911 $53 $258 $0 $3,221

5.1.3 Gravel filter layer design for Addenda 3
(inc. Blackburn Lab tests) 1 6 10 20 37 $6,529 $194 $343 $2,100 $9,166 Subtotal Subtask 5.1 58 1 6 10 20 0 0 0 0 0 95 $23,412 $499 $1,334 $2,100 $27,345

5.2 ESDC 8 0 113 11 0 0 3 3 0 0 154 $ 37,350 $ 809 $ 1,961 $ 45,245 $ 85,364

5.2.1 Pre-construction meeting (PM,CM) 2 3 3 3 11 $3,371 $58 $177 $10,500 $14,106

5.2.2 Submittals (20) (L. Kwan for Pipeline, C.

Leary for gravel filter) 36 8 44 $10,697 $231 $562 $0 $11,490

5.2.3 RFI Process (15) 30 3 33 $8,180 $173 $429 $0 $8,782

5.2.4 Change Order (4) 4 10 14 $3,691 $74 $194 $0 $3,958

5.2.5 Construction Mtgs, Site visits, final walkthrough 2 28 30 $7,656 $158 $402 $0 $8,215

5.2.6 Record dwgs 6 22 $3,756 $116 $197 $0 $4,068

5.2.7 GDG's TO 2 0 $0 $0 $0 $34,745 $34,745
Subtotal Subtask 5.2 8 0 113 11 0 0 3 3 0 0 154 $37,350 $809 $1,961 $45,245 $85,364

5.3 CM Inspection 8 0 0 0 0 0 16 364 38 10 436 $ 127,700 $ 2,289 $ 46,342 $ 10,500 $ 186,830

5.3.1 CM Inspection (per R. Hatton's proposal) 8 16 364 38 10 436 $127,700 $2,289 $6,704 $10,500 $147,193

5.3.2 Materials Testing (BAGG) 0 $0 $0 $12,600 $12,600

5.3.3 Surveying (Sandis, placeholder) 0 $0 $0 $7,350 $7,350

5.3.4 WITS Labor Compliance Services 0 $0 $0 $7,875 $7,875

5.3.5 Project vehicles 0 $0 $0 $1,313 $1,313

5.3.6 Travel/meals/lodging (per diem) 0 $0 $0 $10,500 $10,500 Subtotal Subtask 5.3 8 0 0 0 0 0 16 364 38 10 436 $127,700 $2,289 $46,342 $10,500 $186,830

5.4 Env Biological Monitoring Services
During Construction 0 0 0 0 0 0 0 0 0 0 0 -$ $ - $ - $ 77,664 $ 77,664

5.4.1 Jodi McGraw Consulting subconsultant
contract 0 $0 $0 $0 $77,664 $77,664
Subtotal Subtask 5.4 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $77,664 $77,664 COLUMN TOTALS 86 1 119 21 26 100 19 367 38 10 803 $ 210,771 $ 4,216 $ 51,018 $ 135,509 $ 401,513 75 of 77

16.80 Santa Cruz Program Management – Service Order 9 – Amendment No. 2024-1.1 10-5-2023
Service Order 9.9 – Amendment No. 2024-1.1

6.2-2.2.1 Newell Creek Pipeline Felton/Graham Hill ROW
Scope of Work
Subconsultant Monument is requesting additional budget for the additional appraisal efforts.

Detailed scope of work and fee is presented in the attached email correspondence between HDR and the City of Santa Cruz. Additional subconsultant work requires $11,100, total task increase is $11,655 with 5% HDR markup.
76 of 77

16.81 California Department of Water Resources
Urban And Multibenefit Drought Relief Grant Agreement Number 4600014630 Terms and Conditions – Applicable to Contractors & Subcontractors Item Description DWR
Agreement
Item
ACCOUNTING: Contractors and subcontractors shall maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by the State at any and all reasonable times.

D.1.A.

ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Contractors and subcontractors shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources.”
D.2.

AUDITS: Pursuant to Government Code §8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect to all matters connected with this Grant Agreement. All records of the contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.5.

CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code, §1090 and Public Contract Code, §10410 and §10411, for State conflict of interest requirements.

D.12.

DRUG-FREE WORKPLACE CERTIFICATION: Contractors and subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code §8350 et seq.) and have or will provide a drug-free workplace.

D.15 plus
A-C.

INDEMNIFICATION (ADDITIONAL INSURED): Contractors and subcontractors shall name the State, its officers, agents, and employees as additional insured on their liability insurance for activities undertaken pursuant to this Agreement.

D.20.

INSPECTION OF PROJECT BY STATE: The State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and contractor shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to the Grant Agreement with State.

D.23.

16.82 California Department of Water Resources
Urban And Multibenefit Drought Relief Grant Agreement Number 4600014630 Item Description DWR
Agreement
Item
LABOR CODE COMPLIANCE: Contractors and subcontractors agree to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The contractor(s) and subcontractor(s) affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance, and the contractor and subcontractor affirms that it will comply with such provisions before commencing the performance of the work under this Agreement D.24.

NONDISCRIMINATION: During the performance of this Grant Agreement, the contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medial and family care leave or pregnancy disability leave.

The Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12990) and the applicable regulations promulgated there under (Cal.Code of Regs, Title 2, §11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing the California Fair Employment and Housing Act are incorporated into this Agreement by reference. The Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.26.

PERFORMANCE BOND: Construction shall not be authorized to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a Californiaadmitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.28.

SUSPENSION OF PAYMENTS: This agreement may be subject to suspension of payments or termination, or both if the State determines that: contractors or subcontractors have made a false certification, or if contractors or subcontractors violates the certification by failing to carry out the requirements noted in this Grant agreement.

D.37.

TRAVEL: Only ground transportation and lodging are eligible for grant reimbursement.

Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at:
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the project sponsor’s service area shall be reimbursed unless prior written authorization is obtained from the State.

D.44.

16.83 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Water
SUBJECT: Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181- 17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and PeelerRandolph Trust, Respectively (WT) RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Rebecchi & Ballauf Trust for the easement located in Felton, CA near Highway 9 between Brackney Road and San Lorenzo Way for a temporary easement on APN 071-081-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Katrin Craig for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-145-28 for the Brackney Landslide Area Pipeline Risk Reduction Project;
3) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Brian Warwick and Leslee Warwick for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-145-33 for the Brackney Landslide Area Pipeline Risk Reduction Project;
4) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Milburn Schaaf and Cheryl Schaaf for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-04 for the Brackney Landslide Area Pipeline Risk Reduction Project;
5) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Susan C. Rines Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road

17.1 for a temporary easement for APN 072-174-06 for the Brackney Landslide Area Pipeline Risk Reduction Project;
6) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-17 for the Brackney Landslide Area Pipeline Risk Reduction Project;
7) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-25 & 072-181-26 for the Brackney Landslide Area Pipeline Risk Reduction Project;
8) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Cheryl Mercurio Living Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-182-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;
9) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Robert and Judith Gremminger Revocable Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-212-36 for the Brackney Landslide Area Pipeline Risk Reduction Project; and
10) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Peeler-Randolph Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-221-18 for the Brackney Landslide Area Pipeline Risk Reduction Project.

BACKGROUND: The City of Santa Cruz Water Department (SCWD) developed the Brackney Landslide Area Pipeline Risk Reduction Project (Project) to improve the reliability of water supply infrastructure for the City of Santa Cruz (City). The Newell Creek Pipeline (NCP) is a critical component of the City’s water supply infrastructure that transports water from the Loch Lomond Reservoir to the City’s Graham Hill Water Treatment Plant (GHWTP). With the Project, the City plans to replace a section of the NCP. Specifically, the Project will construct approximately 2,600-linear feet of new, re-aligned pipe between Brackney Road and Glen Arbor Road. This re-alignment will replace the existing pipeline, which is at its end of useful life, and relocate the pipeline so it is protected from future landslides and geological movements.

DISCUSSION: To complete the Project, the City must purchase easements on multiple properties (APN 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18) from its owners (Property). The properties consist of ranges of vacant, unbuildable land, buildable land, and occupied lots in Felton, CA.

17.2 The City requires the Property outright so that it can construct and maintain the Project’s pipeline component of the Project, which will run the length of the Property, and connect the pipeline to SCWD’s existing GHWTP and Loch Lomond Reservoir.

The title report indicates that the Property is owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust (Owners).

The City contracted with Integra Realty Resources (Integra), a full-service independent appraisal firm, to determine the fair market value of the Property. Based on Integra’s appraisal, the City prepared and sent out a formal offer letter to the Owners shown on the table below.

Owner Formal Offer
Letter
Presented Date
Appraised (Just
Compensation)
Value ($)
Signed
Agreement Date
Rebecchi & Ballauf Trust (APN
071-081-03)
9/14/23 $1,700 9/14/23
Craig (APN 072-145-28) 9/13/23 $20,045 10/11/23
Warwick (APN 072-145-33) 9/14/23 $500 10/20/23
Schaaf (APN 072-174-04) 9/13/23 $4,200 10/11/23
Rines Trust (APN 072-174-06) 9/13/23 $7,300 10/11/23
McDonald (APN 072-181-17) 9/14/23 $4,000 9/14/23
McDonald (APN 072-181-25 &
26)
9/14/23 $5,700 9/14/23
Mercurio Trust (APN 072-182-03) 9/13/23 $800 9/13/23
Gremminger Trust (APN 072-212-
36)
9/13/23 $2,100 9/13/23
Peeler-Randolph Trust (APN 072-
221-18)
9/13/23 $1,800 9/13/23
On 9/13/23, 9/14/23, 10/11/23, and 10/20/23 the parties reached an agreement on the sale and purchase of the Property for values shown in the table above and outlined in the attachments.

FISCAL IMPACT: The total for these purchase sale agreements is $48,145. Funds are available in the Water Department Capital Investment Program, project c702002 for the Brackney Landslide Area Pipeline Risk Reduction Project.

17.3 Prepared By:

Sam Humy
Deputy City Attorney
Submitted By:

Rosemary Menard
Water Department Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR APN 071-081-03.DOC

2. RESOLUTION FOR APN 072-145-28.DOC

3. RESOLUTION FOR APN 072-145-33.DOC

4. RESOLUTION FOR APN 072-174-04.DOC

5. RESOLUTION FOR APN 072-174-06.DOC

6. RESOLUTION FOR APN 072-181-17.DOC

7. RESOLUTION FOR APN 072-181-25 AND 072-181-26.DOC

8. RESOLUTION FOR APN 072-182-03.DOC

9. RESOLUTION FOR APN 072-212-36.DOC

10. RESOLUTION FOR APN 072-221-18.DOC

11. PURCHASE AND SALE AGREEMENT FOR APN 071-081-03.PDF

12. PURCHASE AND SALE AGREEMENT FOR APN 072-145-28.PDF

13. PURCHASE AND SALE AGREEMENT FOR APN 072-145-33.PDF

14. PURCHASE AND SALE AGREEMENT FOR APN 072-174-04.PDF

15. PURCHASE AND SALE AGREEMENT FOR APN 072-174-06.PDF

16. PURCHASE AND SALE AGREEMENT FOR APN 072-181-17.PDF

17. PURCHASE AND SALE AGREEMENT FOR APN 072-181-25 AND 072-181-26.PDF

18. PURCHASE AND SALE AGREEMENT FOR APN 072-182-03.PDF

19. PURCHASE AND SALE AGREEMENT FOR APN 072-212-36.PDF

20. PURCHASE AND SALE AGREEMENT FOR APN 072-221-18.PDF

17.4 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND REBECCHI & BALLAUF TRUST FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN BRACKNEY ROAD AND SAN LORENZO WAY FOR A TEMPORARY EASEMENT ON APN 071-081-03
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Ronald J Ballauf, Henry Peter Rebecchi, and Elaine Valerie Rebecchi from the Rebecchi & Ballauf Trust to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 071-181-03, from the Rebecchi and Ballauf Trust, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.5 17.6
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND KATRIN CRAIG FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND BRACKNEY ROAD FOR A PERMANENT EASEMENT FOR APN 072-145-28
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Katrin Craig to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-145-28, from Katrin Craig, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.7 17.8
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND BRIAN WARWICK AND LESLEE WARWICK FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR

ROAD AND BRACKNEY ROAD FOR A PERMANENT EASEMENT FOR APN 072-145-33
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Brian Warwick and Leslee Warwick to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-145-33, from Brian Warwick and Leslee Warwick, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________

17.9 City Clerk

17.10 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND MILBURN SCHAAF AND CHERYL SCHAAF FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR

ROAD AND BRACKNEY ROAD FOR A TEMPORARY EASEMENT FOR APN 072-174-04
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Milburn Schaaf and Cheryl Schaaf to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-174-04, from Milburn Schaaf and Cheryl Schaaf, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.11 17.12
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND SUSAN C. RINES TRUST FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND
BRACKNEY ROAD FOR A TEMPORARY EASEMENT FOR APN 072-174-06 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Susan Rines to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-174-06, from Susan C. Rines Trust, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.13 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND JAMIE K. MCDONALD FOR THE EASEMENT LOCATED IN
FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND
BRACKNEY ROAD FOR A PERMANENT EASEMENT FOR APN 072-181-17 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Jamie McDonald to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-181-17, from Jamie K. McDonald, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.14 17.15
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND JAMIE K. MCDONALD FOR THE EASEMENT LOCATED IN
FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND
BRACKNEY ROAD FOR A PERMANENT EASEMENT FOR APN 072-181-25 & 072-181-26
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Jamie McDonald to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-181-25 and APN 072-181-26, from Jamie K. McDonald, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________

17.16 City Clerk

17.17 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND CHERYL MERCURIO LIVING TRUST FOR THE EASEMENT
LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND BRACKNEY ROAD FOR A PERMANENT EASEMENT FOR APN 072-182- 03 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Cheryl Mercurio to purchase a permanent easement for construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-182-03, from Cheryl Mercurio, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________

17.18 City Clerk

17.19 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND ROBERT AND JUDITH GREMMINGER REVOCABLE TRUST FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN

GLEN ARBOR ROAD AND BRACKNEY ROAD FOR A TEMPORARY
EASEMENT FOR APN 072-212-36
WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Robert and Judith Gremminger to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-212-36, from Robert and Judith Gremminger Revocable Trust, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.20 17.21
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE A PURCHASE SALE AGREEMENT BETWEEN THE CITY OF SANTA

CRUZ AND PEELER-RANDOLPH TRUST FOR THE EASEMENT LOCATED IN FELTON, CA NEAR HIGHWAY 9 BETWEEN GLEN ARBOR ROAD AND
BRACKNEY ROAD FOR A TEMPORARY EASEMENT FOR APN 072-221-18 WHEREAS, the City of Santa Cruz operates the Newell Creek Pipeline, a raw water transmission main; and
WHEREAS, the Newell Creek Pipeline crosses multiple public and private properties from the Loch Lomond Reservoir in Ben Lomond to the Graham Hill Water Treatment Plant in Santa Cruz; and
WHEREAS, the City of Santa Cruz has completed negotiations from property owners included in this purchase sale agreement; and
WHEREAS, the City of Santa Cruz has offered Robert and Judith Gremminger to purchase a temporary easement for construction of the Brackney Landslide Area Pipeline Risk Reduction to replace a section of the Newell Creek Pipeline; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is hereby authorized to execute certain Grant of Easement, pertaining to certain property located on APN 072-221-18, from Peeler-Randolph Trust, upon the terms and conditions as set forth in said Easement Deed as presented to this Council this date.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Mayor
ATTEST: ___________________________
City Clerk

17.22 17.23

17.24 17.25

17.26 17.27

17.28 17.29

17.30 17.31

17.32 17.33

17.34 17.35

17.36 17.37

17.38 17.39

17.40 17.41

17.42 17.43

17.44 17.45

17.46 17.47

17.48 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
1 PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Katrin Craig an Unmarried Woman, herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell a Permanent Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at 234 Caledonium Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-145-28 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline, so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A permanent and perpetual pipeline easement and right-of-way, including the right to ingress and egress for the purpose of constructing, operating, and maintaining the NCP and related appurtenances in, on, and over a 880 square foot portion of the Property (the “Permanent Easement”. The Permanent Easement and NCP location, construction, operation, and maintenance shall be in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto, and incorporated herein by reference.

17.49 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Permanent Easement to GRANTEE, and GRANTEE agrees to buy the Permanent Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Permanent Easement to be paid by GRANTEE is the sum of

TWENTY-FOUR THOUSAND FORTY FIVE DOLLARS AND NO CENTS
($24,045.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Permanent Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Permanent Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Permanent Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date. a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

17.50 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any required escrow costs.
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Permanent Easement Deed in substantially the form attached as Exhibit C and incorporated herein by this reference (the “Permanent Easement Deed”), duly executed and acknowledged by GRANTORS, granting and conveying the Permanent Easement to GRANTEE. g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

17.51 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Permanent Easement solely for the purpose of making inspections and other pre-construction examinations of the Permanent Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Permanent Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Permanent Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools and equipment from the Property.

17.52 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Permanent Easement and that they have the exclusive right to grant these rights. b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Permanent Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Permanent Easement herein contemplated, does not require the consent of any party not a signatory hereto.
c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Permanent Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above. b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Permanent Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Permanent Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

17.53 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Permanent Easement. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Permanent Easement by eminent domain litigation. The Purchase Price for the Permanent Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Permanent Easement, or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Permanent Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR: Katrin Craig
234 Caledonium Avenue
Ben Lomond, CA 95005
GRANTEE: City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.

17.54 GRANTOR: KATRIN CRAIG AN UNMARRIED WOMAN
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-28
7 c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Permanent Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page to Follow

17.55 17.56
9 EXHIBIT A
Property Legal Description
Parcel One:

Being Lot 2, in Block 4, as the same is shown upon that certain Map entitled "Subdivision of the Ordway Tract", in the County of Santa Cruz, State of California, being a portion of Section 9, Township 10, South, Range 2 West, M.D.B. & M., filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909, in Map Book 16, at Page 11, records of Santa Cruz County.

Parcel Two:

Beginning at the Southwest corner of land conveyed to John A. Krahn et ux by deed dated September 1, 1954 and recorded September 22, 1954 in Volume 983, Page 607, Official Records of Santa Cruz County; thence along the Southerly line of said land South 89 degrees 45' East 42.66 feet to the Northwest corner of LOot 2, Block 4, as the same is shown and designated on that certain Map entitled, "Subdivision of Ordway Tract being a portion of Sec. 9 T. I0 S. R: 2 W., M. D. M., surveyed for L. W. Coffee, APR. 1909, by Freiermuth & Price, Civil Eng'rs," filed for record in the County Recorder's Office on May 5th, 1909 in Map Book 16, Page 11, Santa Cruz County Records; thence along the Westerly line of said Lot 2, South 21 degrees 06' East 53.7 feet to the Northern corner of land conveyed to Michael Albert King, et ux by deed dated September 27, 1954 and recorded February 27, 1954 in Volume 984, Page 435, Official Records of Santa Cruz County; thence along the Northwesterly line of said land of King, Southwesterly, 45 feet, a li 1 tle more or less, to a point from which the point of beginning, bears North 21 degrees 06' West; thence North 21 degrees 06' West 85 feet, a little more or less, to the point of beginning.

APN: 072-145-28

17.57 10

EXHIBIT B
Permanent Pipeline Easement Legal Description & Plat Map

17.58 PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to Katrin Craig by deed recorded on March 13, 2015, in Document #2015-0009105, Official Records of Santa Cruz County, said portion being a strip of land twenty (20.00)feet in width, lying ten (10.00)feet on each side of the following described centerline:

COMMENCING at the most northerly corner of Lot 9 in Block 17 as said Lot and Block are shown upon the map entitled, "Subdivision of the Ordway Tract", filed for record May 5, 1909 in Map book 16 at Page 11, Santa Cruz County Records, and said corner now marked by a ½” iron pipe as shown on the Record of Survey map recorded on January 23, 2019 in Volume128 of Maps at Page 33, Santa Cruz County Records, and having coordinates of N 1,852,628.03, E 6,100,505.82, from which a ½” iron pipe at the northeast corner of Lot 1, in Block 16 on the western sideline of Fremont Avenue as shown on said Record of Survey map bears South 0°59’44” West (South 0°18’ East), 135.53 feet (along the eastern sideline of Fremont Avenue) and North 89°00’16” West 39.85 feet; thence North 7°31’11” East, a distance of 141.38 feet, to a point on the southern boundary of Parcel Two as described in said deed conveyed to Katrin Craig, said point having coordinates of N 1,852,768.20, E 6,100,524.32 and being the TRUE POINT OF BEGINNING; thence North 28°41'13" West, a distance of 46.79 feet, to a point on the southwestern boundary of said Parcel Two, from which a ¾” iron pipe, tagged 6163 at the northwestern corner of said Parcel Two bears North 19°20’00” East, 33.71 feet distant, and said point having coordinates of N 1,852,809.25, E 6,100,501.86.

The sidelines of said strip shall be lengthened or shorted to terminate on the boundary lines of the grantor and any portion of said strip lying outside the boundary lines of the grantor is excepted therefrom.

CONTAINING 880 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-145-28
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.59 17.60
11 EXHIBIT C
Permanent Pipeline Easement Deed
(see attached)

17.61 RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. FWMN-TO23000605
Escrow No.

Parcel No. 072-145-28
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Katrin Craig an Unmarried Woman (“Grantor”)
Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-145-28 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

17.62 A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

17.63 7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.64 IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR: Katrin Craig an Unmarried Woman
Date:___________________ By:______________________________ Katrin Craig
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.65 17.66
Exhibit 1
Property Legal Description
Parcel One:

Being Lot 2, in Block 4, as the same is shown upon that certain Map entitled "Subdivision of the Ordway Tract", in the County of Santa Cruz, State of California, being a portion of Section 9, Township 10, South, Range 2 West, M.D.B. & M., filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909, in Map Book 16, at Page 11, records of Santa Cruz County.

Parcel Two:

Beginning at the Southwest corner of land conveyed to John A. Krahn et ux by deed dated September 1, 1954 and recorded September 22, 1954 in Volume 983, Page 607, Official Records of Santa Cruz County; thence along the Southerly line of said land South 89 degrees 45' East 42.66 feet to the Northwest corner of LOot 2, Block 4, as the same is shown and designated on that certain Map entitled, "Subdivision of Ordway Tract being a portion of Sec. 9 T. I0 S. R: 2 W., M. D. M., surveyed for L. W. Coffee, APR. 1909, by Freiermuth & Price, Civil Eng'rs," filed for record in the County Recorder's Office on May 5th, 1909 in Map Book 16, Page 11, Santa Cruz County Records; thence along the Westerly line of said Lot 2, South 21 degrees 06' East 53.7 feet to the Northern corner of land conveyed to Michael Albert King, et ux by deed dated September 27, 1954 and recorded February 27, 1954 in Volume 984, Page 435, Official Records of Santa Cruz County; thence along the Northwesterly line of said land of King, Southwesterly, 45 feet, a li 1 tle more or less, to a point from which the point of beginning, bears North 21 degrees 06' West; thence North 21 degrees 06' West 85 feet, a little more or less, to the point of beginning.

APN: 072-145-28

17.67 Exhibit 2
Permanent Easement Legal Description and Plat Map

17.68 PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to Katrin Craig by deed recorded on March 13, 2015, in Document #2015-0009105, Official Records of Santa Cruz County, said portion being a strip of land twenty (20.00)feet in width, lying ten (10.00)feet on each side of the following described centerline:

COMMENCING at the most northerly corner of Lot 9 in Block 17 as said Lot and Block are shown upon the map entitled, "Subdivision of the Ordway Tract", filed for record May 5, 1909 in Map book 16 at Page 11, Santa Cruz County Records, and said corner now marked by a ½” iron pipe as shown on the Record of Survey map recorded on January 23, 2019 in Volume128 of Maps at Page 33, Santa Cruz County Records, and having coordinates of N 1,852,628.03, E 6,100,505.82, from which a ½” iron pipe at the northeast corner of Lot 1, in Block 16 on the western sideline of Fremont Avenue as shown on said Record of Survey map bears South 0°59’44” West (South 0°18’ East), 135.53 feet (along the eastern sideline of Fremont Avenue) and North 89°00’16” West 39.85 feet; thence North 7°31’11” East, a distance of 141.38 feet, to a point on the southern boundary of Parcel Two as described in said deed conveyed to Katrin Craig, said point having coordinates of N 1,852,768.20, E 6,100,524.32 and being the TRUE POINT OF BEGINNING; thence North 28°41'13" West, a distance of 46.79 feet, to a point on the southwestern boundary of said Parcel Two, from which a ¾” iron pipe, tagged 6163 at the northwestern corner of said Parcel Two bears North 19°20’00” East, 33.71 feet distant, and said point having coordinates of N 1,852,809.25, E 6,100,501.86.

The sidelines of said strip shall be lengthened or shorted to terminate on the boundary lines of the grantor and any portion of said strip lying outside the boundary lines of the grantor is excepted therefrom.

CONTAINING 880 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-145-28
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.69 17.70

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Katrin Craig an Unmarried Woman (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-145-28

17.71 1
GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33

PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants, herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell Permanent Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at 200 Caledonium Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-145-33 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto, and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline, so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A permanent and perpetual pipeline easement and right-of-way, including the right to ingress and egress for the purpose of constructing, operating, and maintaining the NCP and related appurtenances in, on, and over a 68 square foot portion of the Property (the “Permanent Easement”). The Permanent Easement and NCP location, construction, operation, and maintenance shall be in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto, and incorporated herein by reference.

17.72 2
GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33

AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Permanent Easement to GRANTEE, and GRANTEE agrees to buy the Permanent Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Permanent Easement to be paid by GRANTEE is the sum of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) (“Purchase Price”). (B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Permanent Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Permanent Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Permanent Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date. a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

17.73 GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Permanent Easement Deed in substantially the form attached as Exhibit C and incorporated herein by this reference (the “Permanent Easement Deed”) duly executed and acknowledged by GRANTORS, granting and conveying the Permanent Easement to GRANTEE. g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

17.74 GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Permanent Easement solely for the purpose of making inspections and other pre-construction examinations of the Permanent Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Permanent Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Permanent Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools and equipment from the Property.

17.75 GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Permanent Easement and that they have the exclusive right to grant these rights. b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Permanent Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Permanent Easement herein contemplated, does not require the consent of any party not a signatory hereto.
c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Permanent Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above. b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Permanent Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Permanent Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

17.76 GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Permanent Easement. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris, or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Permanent Easement by eminent domain litigation. The Purchase Price for the Permanent Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Permanent Easement, or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Permanent Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR:

GRANTEE:

Brian K. Warwick and Leslee A. Warwick
200 Caledonium Avenue
Ben Lomond, CA 95005
City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.

17.77 GRANTOR: Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-145-33
7 c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Permanent Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page to Follow

17.78 17.79
9 EXHIBIT A
Property Legal Description
PARCEL ONE:

All of Lots 3,4,5, 6, 7, 8, 9, and 10 in Block 4 as shown upon that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10S., R. 2 W., M.D.M.”, filed for record May 5, 1909, in Volume 16 of Maps at Page 11, Santa Cruz County Records.

PARCEL TWO:

Beginning on the Easterly line of San Lorenzo Way at the Northwest corner of Lot 5, Block 4, as same is shown upon that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10 S., R. 2W., M.D.M., surveyed for L.W. Coffee, Apr. 1909 by Freiermuth and Price, Civil Eng’rs”, filed for record in the office of the County Recorder May 5, 1909 in Map Book 16, Page 11, Santa Cruz County Records, said point being also the Northeast corner of land conveyed to Susan G. Schmidt by Deed dated October 13, 1950 and recorded November 2, 1950 in Volume 797 of Official Records, at Page 360, Santa Cruz County Records; thence from said point of beginning along the Southwesterly line of Lot 6l, North 21° 06’ West 26.7 feet to the Northwest corner of said Lot 6; thence North 89° 45’ West along the produced Northerly line of said Lot 6, 42.66 feet to appoint; thence South 21° 06’ East 26.7 feet to the Northwest corner of said land of Schmidt; thence South 89° 45’ East along the Northerly line of said land of Schmidt,

42.66 feet to the point of beginning.

PARCEL THREE:

Beginning on the Easterly line of Lorenzo Way at the Northwest corner of Lot 5, Block 4, as the same is shown and designated on that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10 S. R. 2 W., M.D.M., surveyed for L.W. Coffee, April 1909, by Freiermuth and Price Civil Eng’rs”, filed for record in the county record’s office on May 5, 1909 in Map Book 16, Page 11, Santa Cruz County Records; thence along the Easterly line of Lorenzo Way South 21° 06” East 91.1 feet to the Northwest corner of Lot 2, Block 4 of said subdivision; thence along the Produced Northerly line of said Lot 2, North 89° 45 West 42.66 feet to a point; thence on a line parallel with the Westerly line of said Block 4, North 21° 06’ West 91.1 feet to a point; thence along the produced Northerly line of said lot 5, South 89° 45’ East

42.66 feet to the point of beginning.

APN: 072-145-33

17.80 10

EXHIBIT B
Permanent Pipeline Easement Legal Description & Plat Map (See attached)

17.81 PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of Parcel Three of lands conveyed to Brian K. Warwick and Leslee A. Warwick by deed recorded on October 11, 2012, in Document # 2012-0049811, Official Records of Santa Cruz County, said portion being described as follows:

All that portion of said Parcel Three, lying southwesterly of the following described line:

BEGINNING at a point on the southwestern line of said Parcel Three of lands conveyed to Brian K.

Warwick and Leslee A. Warwick, from which a ¾” iron pipe, tagged 6163 at the southwestern corner thereof, and being also the northwestern corner the lands conveyed to C. M. Bryce, et ux, by deed recorded in Volume 1145, Page 61, Official Records of Santa Cruz County, bears South 19°20’00” West,

27.83 feet distant; thence South 28°41'13" East, a distance of 30.10 feet to the northern boundary of said lands conveyed to C. M. Bryce.

CONTAINING 68 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-145-33
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.82 17.83
11 EXHIBIT C
Permanent Pipeline Easement Deed
(See attached)

17.84 RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. 2202068556-PL
Escrow No.

Parcel No. 072-145-33
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-145-33 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

17.85 A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

17.86 7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.87 IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR: Brian K. Warwick and Leslee A. Warwick,
husband and wife, as Joint Tenants
Date:___________________ By:______________________________ Brian K. Warwick
Date:___________________ By:______________________________ Leslee A. Warwick
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.88 17.89
Exhibit 1
Property Legal Description
PARCEL ONE:

All of Lots 3,4,5, 6, 7, 8, 9, and 10 in Block 4 as shown upon that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10S., R. 2 W., M.D.M.”, filed for record May 5, 1909, in Volume 16 of Maps at Page 11, Santa Cruz County Records.

PARCEL TWO:

Beginning on the Easterly line of San Lorenzo Way at the Northwest corner of Lot 5, Block 4, as same is shown upon that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10 S., R. 2W., M.D.M., surveyed for L.W. Coffee, Apr. 1909 by Freiermuth and Price, Civil Eng’rs”, filed for record in the office of the County Recorder May 5, 1909 in Map Book 16, Page 11, Santa Cruz County Records, said point being also the Northeast corner of land conveyed to Susan G. Schmidt by Deed dated October 13, 1950 and recorded November 2, 1950 in Volume 797 of Official Records, at Page 360, Santa Cruz County Records; thence from said point of beginning along the Southwesterly line of Lot 6l, North 21° 06’ West 26.7 feet to the Northwest corner of said Lot 6; thence North 89° 45’ West along the produced Northerly line of said Lot 6, 42.66 feet to appoint; thence South 21° 06’ East 26.7 feet to the Northwest corner of said land of Schmidt; thence South 89° 45’ East along the Northerly line of said land of Schmidt,

42.66 feet to the point of beginning.

PARCEL THREE:

Beginning on the Easterly line of Lorenzo Way at the Northwest corner of Lot 5, Block 4, as the same is shown and designated on that certain map entitled, “Subdivision of Ordway Tract, being a portion of Sec. 9 T. 10 S. R. 2 W., M.D.M., surveyed for L.W. Coffee, April 1909, by Freiermuth and Price Civil Eng’rs”, filed for record in the county record’s office on May 5, 1909 in Map Book 16, Page 11, Santa Cruz County Records; thence along the Easterly line of Lorenzo Way South 21° 06” East 91.1 feet to the Northwest corner of Lot 2, Block 4 of said subdivision; thence along the Produced Northerly line of said Lot 2, North 89° 45 West 42.66 feet to a point; thence on a line parallel with the Westerly line of said Block 4, North 21° 06’ West 91.1 feet to a point; thence along the produced Northerly line of said lot 5, South 89° 45’ East

42.66 feet to the point of beginning.

APN: 072-145-33

17.90 Exhibit 2
Permanent Easement Legal Description and Plat Map
(See attached)

17.91 PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of Parcel Three of lands conveyed to Brian K. Warwick and Leslee A. Warwick by deed recorded on October 11, 2012, in Document # 2012-0049811, Official Records of Santa Cruz County, said portion being described as follows:

All that portion of said Parcel Three, lying southwesterly of the following described line:

BEGINNING at a point on the southwestern line of said Parcel Three of lands conveyed to Brian K.

Warwick and Leslee A. Warwick, from which a ¾” iron pipe, tagged 6163 at the southwestern corner thereof, and being also the northwestern corner the lands conveyed to C. M. Bryce, et ux, by deed recorded in Volume 1145, Page 61, Official Records of Santa Cruz County, bears South 19°20’00” West,

27.83 feet distant; thence South 28°41'13" East, a distance of 30.10 feet to the northern boundary of said lands conveyed to C. M. Bryce.

CONTAINING 68 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-145-33
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.92 17.93

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Brian K. Warwick and Leslee A. Warwick, husband and wife, as Joint Tenants (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-145-33

17.94 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
1 PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Milburn D. Schaaf and Cheryl Lynne Schaaf, husband and wife as Joint Tenants herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell a Temporary Construction Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at South Terminus of Fremont Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-174-04 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto, and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline, so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A Temporary Construction Easement (the “TCE”) in, on, and over a 20,139 square foot portion of the Property for construction of the NCP Project and NCP, associated with providing a ground surface workspace during construction, along with the rights of vehicular ingress and egress thereto, in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto and incorporated herein by reference.

17.95 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Temporary Construction Easement to GRANTEE, and GRANTEE agrees to buy the Temporary Construction Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Temporary Construction Easement to be paid by GRANTEE is the sum of FOUR THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($4,200.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Temporary Construction Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Temporary Construction Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Temporary Construction Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date.
a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

17.96 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged therefore. GRANTEE shall pay for recording the Deeds and any required escrow costs.
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Temporary Construction Easement in substantially the form attached hereto as Exhibit C and incorporated herein by this reference (the “Temporary Construction Easement Deed”) duly executed and acknowledged by GRANTORS, granting and conveying the Temporary Construction Easement to GRANTEE.
g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

17.97 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Temporary Construction Easement solely for the purpose of making inspections and other pre-construction examinations of the Temporary Construction Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Temporary Construction Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Temporary Construction Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools, and equipment from the Property.

17.98 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Temporary Construction Easement and that they have the exclusive right to grant these rights.
b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Temporary Construction Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Temporary Construction Easement herein contemplated, does not require the consent of any party not a signatory hereto. c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Temporary Construction Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express, or implied, have been made by GRANTOR, except as provided above.
b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Temporary Construction Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement.

17.99 GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
6 b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs,successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Temporary Construction Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Temporary Construction Easement area. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Temporary Construction Easement by eminent domain litigation. The Purchase Price for the Temporary Construction Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Temporary Construction Easement, or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Temporary Construction Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR: Milburn D. Schaaf and Cheryl Lynne Schaaf
8324 Glen Arbor Road
Ben Lomond, CA 95005
GRANTEE: City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17.100
GRANTOR: MILBURN D. SCHAAF AND CHERYL LYNNE SCHAAF, HUSBAND AND WIFE

AS JOINT TENANTS
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-04
7 17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Temporary Construction Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

17.101

17.102
9 EXHIBIT A
Property Legal Description
Beginning at the most southerly corner of Lot 1 in Block 16 as the same are shown upon the map entitled "Subdivision of the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909 in Map Book 16, at Page 11; thence from said point of beginning South 0° 18' East

68.7 feet to the center line of the San Lorenzo River; thence Southwesterly along said centerline to a point due north of the Northeasterly corner of Lot 1 in Block 20 as shown on the map entitled "First Addition to the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County June 8, 1909 in Map Book 15 at Page 28 and on the westerly boundary of lands formerly of G.F. Colby, thence due North to the southerly line of the southern Pacific Railroad right of way; thence Northwesterly along the said right of way line to the most southerly corner of Lot 1, Block 17, as shown on map firstly described herein, and thence Northwesterly along the Southerly boundary of said Block 17 and Fremont Avenue to the point of beginning.

APN: 072-174-04

17.103
10 EXHIBIT B
Temporary Construction Easement Legal Description & Plat Map (See attached)

17.104

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over Parcel Four of the lands conveyed to Milburn D. Schaaf and Cheryl Lynne Schaaf, by deed recorded on August 5, 2019, in Document 2019-0022273, Official Records of Santa Cruz County, and more particularly described as follows:

BEGINNING at the most southerly corner of Lot 1 in Block 16 as the same are shown upon the map entitled "Subdivision of the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909 in Map Book 16, at Page 11; thence from said point of beginning, South 0° 18' East 68.7 feet, more or less, to the center line of the San Lorenzo River; thence Southwesterly along said centerline to a point on the western boundary line of Rancho Zayante, said line bearing North 0° 15' East of the Northeasterly corner of Lot 1 in Block 20 as shown on the map entitled "First Addition to the Ordway Tract" filed for record in the Office of the County Recorder of said Santa Cruz County on June 8, 1909 in Map Book 15 at Page 28; thence north along said western boundary line of Rancho Zayante, 88 feet more or less, to the northeastern boundary of land of Clara E. and Lawrence W. Coffee described as Parcel 3 in deed recorded in Volume 541 at Page 203 of Official Records of Santa Cruz County and as shown on Licensed Surveyor's Map of land of Clara E. Coffee filed in Volume 20 of Maps at Page 62, Santa Cruz County Records; thence along said last mentioned boundary North 28° 50' West 132.3 feet to an iron pipe on the Southern boundary of said first above mentioned Block 17; thence Northwesterly along the southerly boundary of said Block 17 and Fremont Avenue to the POINT

OF BEGINNING
CONTAINING 20,139 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION
APN 072-174-04
(P-03E)
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.105

17.106
11 EXHIBIT C
Temporary Construction Easement
(see attached)

17.107
RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

TEMPORARY CONSTRUCTION EASEMENT DEED
Parcel No. 072-174-04
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Milburn D. Schaaf and Cheryl Lynne Schaaf, husband and wife as Joint Tenants (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A temporary easement and right-of-way (the “TCE”) for the purposes of access, facilitating construction, and installation of the Project, including but not limited to, the right to ingress to and egress upon, over, under and across Grantor’s Property and the right to otherwise use the Grantor’s Property comprising the easement area (“TCE Area”) of an approximately 20,139 square foot portion of Grantor’s Property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-174-04 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”) to facilitate the construction of the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”). The TCE Area is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference.

A. Term. The term of the TCE will commence on the date of the Close of Escrow and expire twentyfour (24) months thereafter. Upon written mutual agreement of the Grantor and Grantee, the Term

17.108
may be extended. Following termination of the TCE, Grantee shall confirm in writing to Grantor that the TCE has terminated and record any instrument necessary to clear title to the Grantor’s Property.

1. Grantee shall limit its use of the TCE Area to the hours of 8 a.m. to 5 p.m. Monday through Friday. The days and hours of TCE use are subject to extension with mutual agreement of Grantee and Grantor. The HDD installation method for the pipe in the Brackney North section would require approximately one day of continuous 24-hour installation.

B. Grantee’s Rights. To accomplish the purpose of the TCE, Grantor hereby grants and conveys the following rights to Grantee:

1. Grantee’s rights granted herein shall be deemed to include such incidental rights as are reasonably necessary to use the TCE for the purposes provided herein, including but not limited to the transportation of construction equipment, materials, supplies, and personnel to and from the Easement area. During the TCE Term, Grantee shall secure the TCE Area to prevent unauthorized access to the construction site, construction materials, and equipment.

2. To access the TCE area within the times specified in order for Grantee and its officers, officials, employees, consultants, agents, representatives, contractors, subcontractors, materialmen, suppliers, workers, successors and assigns for undertaking and facilitating the work on the Project stated herein.

3. To prevent any activity on or use of the TCE Area that is not reserved herein and is inconsistent with the purpose of this TCE and to require the restoration of such areas or features of the TCE Area that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the TCE Area by Grantor not reserved herein that is inconsistent with the purpose of this TCE; and

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this TCE.

C. Grantor’s Obligations.

1. Without the prior written consent of Grantee, which Grantee may withhold in its sole discretion, Grantor may not transfer, encumber, sell, lease, or otherwise separate any mineral rights or water rights for the TCE area.

2. Grantor shall not create any encumbrance superior to this TCE, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the TCE area that Grantee determines, in its sole discretion, will affect Grantee’s use of the TCE for the purposes stated herein.

3. Grantor may not engage in any activities at, on, upon, or adjacent to the TCE area that would adversely affect the Grantee’s use of the TCE.

D. Grantee’s Obligations.

1. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless the Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs (collectively,

17.109
“Claims”) arising from the negligence, recklessness or willful misconduct of Grantee’s employees, agents, and consultants for actions related to the TCE, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

2. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the TCE Area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant Deed of Temporary Easement.

3. Grantee shall at all times replace and maintain exterior fencing during times construction is not occurring to insure security of the TCE Area.

4. At the termination of the TCE, Grantee shall remove any construction equipment and materials from the TCE Area and restore the TCE Area to the condition it was in on the date and time of the beginning of the TCE except normal wear and tear.

5. Upon termination of the TCE, Grantee shall provide such evidence as necessary to clear the TCE from title, including delivery of a quitclaim deed with respect to the TCE.

This grant of temporary construction easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.110
IN WITNESS WHEREOF, the parties have executed this Grant of Temporary Construction Easement Deed, effective as of , 20__.

GRANTOR:

Milburn D. Schaaf and Cheryl Lynne Schaaf,
husband and wife as Joint Tenants
Date:___________________ By:______________________________ Milburn D. Schaaf
Date:___________________ By:______________________________ Cheryl Lynne Schaaf
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.111

17.112
Exhibit 1
Property Legal Description
Beginning at the most southerly corner of Lot 1 in Block 16 as the same are shown upon the map entitled "Subdivision of the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909 in Map Book 16, at Page 11; thence from said point of beginning South 0° 18' East

68.7 feet to the center line of the San Lorenzo River; thence Southwesterly along said centerline to a point due north of the Northeasterly corner of Lot 1 in Block 20 as shown on the map entitled "First Addition to the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County June 8, 1909 in Map Book 15 at Page 28 and on the westerly boundary of lands formerly of G.F. Colby, thence due North to the southerly line of the southern Pacific Railroad right of way; thence Northwesterly along the said right of way line to the most southerly corner of Lot 1, Block 17, as shown on map firstly described herein, and thence Northwesterly along the Southerly boundary of said Block 17 and Fremont Avenue to the point of beginning.

APN: 072-174-04

17.113
Exhibit 2
Temporary Construction Easement Legal Description and Plat Map

17.114

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over Parcel Four of the lands conveyed to Milburn D. Schaaf and Cheryl Lynne Schaaf, by deed recorded on August 5, 2019, in Document 2019-0022273, Official Records of Santa Cruz County, and more particularly described as follows:

BEGINNING at the most southerly corner of Lot 1 in Block 16 as the same are shown upon the map entitled "Subdivision of the Ordway Tract" filed for record in the office of the County Recorder of said Santa Cruz County, May 5, 1909 in Map Book 16, at Page 11; thence from said point of beginning, South 0° 18' East 68.7 feet, more or less, to the center line of the San Lorenzo River; thence Southwesterly along said centerline to a point on the western boundary line of Rancho Zayante, said line bearing North 0° 15' East of the Northeasterly corner of Lot 1 in Block 20 as shown on the map entitled "First Addition to the Ordway Tract" filed for record in the Office of the County Recorder of said Santa Cruz County on June 8, 1909 in Map Book 15 at Page 28; thence north along said western boundary line of Rancho Zayante, 88 feet more or less, to the northeastern boundary of land of Clara E. and Lawrence W. Coffee described as Parcel 3 in deed recorded in Volume 541 at Page 203 of Official Records of Santa Cruz County and as shown on Licensed Surveyor's Map of land of Clara E. Coffee filed in Volume 20 of Maps at Page 62, Santa Cruz County Records; thence along said last mentioned boundary North 28° 50' West 132.3 feet to an iron pipe on the Southern boundary of said first above mentioned Block 17; thence Northwesterly along the southerly boundary of said Block 17 and Fremont Avenue to the POINT

OF BEGINNING
CONTAINING 20,139 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

END OF DESCRIPTION
APN 072-174-04
(P-03E)
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.115

17.116

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement Deed dated as of ____________________, 20__, from Milburn D. Schaaf and Cheryl Lynne Schaaf, husband and wife as Joint Tenants (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-174-04

17.117
GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
1 PURCHASE AGREEMENT
The Purchase Agreement (”Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Susan C. Rines, as Trustee of The Susan C. Rines Trust dated June 5, 2000, herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell a Temporary Construction Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at 7900 Fremont Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-174-06 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto, and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline, so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A Temporary Construction Easement (the “TCE”) in, on, and over a 1,873 square foot portion of the Property for construction of the NCP Project and NCP, associated with providing a ground surface workspace during construction, along with the rights of vehicular ingress and egress thereto, in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto and incorporated herein by reference.

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Temporary Construction Easement to GRANTEE, and GRANTEE agrees to buy the Temporary Construction Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Temporary Construction Easement to be paid by GRANTEE is the sum of SEVEN THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($7,300.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Temporary Construction Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Temporary Construction Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Temporary Construction Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date.
a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any required escrow costs.
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Temporary Construction Easement in substantially the form attached hereto as Exhibit C and incorporated herein by this reference (the “Temporary Construction Easement Deed”) duly executed and acknowledged by GRANTORS, granting and conveying the Temporary Construction Easement to GRANTEE.
g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Temporary Construction Easement solely for the purpose of making inspections and other pre-construction examinations of the Temporary Construction Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Temporary Construction Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Temporary Construction Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools and equipment from the Property.

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Temporary Construction Easement and that they have the exclusive right to grant these rights.
b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Temporary Construction Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Temporary Construction Easement herein contemplated, does not require the consent of any party not a signatory hereto. c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Temporary Construction Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above.
b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Temporary Construction Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Temporary Construction Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Temporary Construction Easement area. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Temporary Construction Easement by eminent domain litigation. The Purchase Price for the Temporary Construction Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Temporary Construction Easement or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Temporary Construction Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR: Susan C. Rines
7900 Fremont Avenue
Ben Lomond, CA 95005
GRANTEE: City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the

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GRANTOR: SUSAN C. RINES, AS TRUSTEE OF THE SUSAN C. RINES TRUST DATED JUNE 5, 2000 PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-06
7 subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Temporary Construction Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page to Follow

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9 EXHIBIT A
Property Legal Description
Lots 5, 6, 7, and 8, and a portion of Lot 9, in Block 17, as said Lots and Block are shown on the map entitled, "Subdivision of the Ordway Tract, Part of Section 9, T. 10 S., R. 2 W.", filed for record May 9, 1909 in Map Book 16, at Page 11, Santa Cruz County Records, and which portion of Lot 9 is more particularly described as follows:

Beginning at the most Easterly corner of said Lot 9, in Block 17; thence along the Northeasterly boundary said Lot 9, North 27° 39' West, 50 feet to a station; thence Southwesterly and parallel with the Southeasterly line of said Lot 9, a distance of 25.85 feet, more or less, to the Westerly boundary of said Lot 9; thence South 0° 18' East, along said Westerly boundary 56.25 feet to the most Southerly corner of said Lot 9; and thence Northeasterly along the Southeasterly boundary of said Lot 9, a distance of 51.7 feet to the place of beginning.

APN: 072-174-06

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10 EXHIBIT B
Temporary Construction Easement Legal Description & Plat Map (See attached)

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EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to The Susan C. Rines Trust, by deed recorded on June 9, 2000, in Document #2000-0028092, Official Records of Santa Cruz County, and said portion being more particularly described as follows:

All that portion of said lands lying south and westerly of the following described line:

BEGINNING at a point on the westerly boundary of Lot 7 in Block 17, as said Lot and Block is shown on the map entitled, "Subdivision of the Ordway Tract", part of Section 9, T. 10 S., R. 2 W., filed for record May 9, 1909, in Map Book 16, at Page 11, Santa Cruz County Records, and from which the most northernmost corner of Lot 9 in said Block 17, now marked by a ½” iron pipe as shown on the Record of Survey map recorded on January 23, 2019 in Volume 128 of Maps at Page 33, Santa Cruz County Records, bears North 00° 59' 44” East, 176.06 feet distant, and the southernmost corner of said Lot 7 bears South 00° 59' 44” West, 3.94 feet distant, said point of beginning having coordinates of N 1,852,452.00, E 6,100,502.76; thence southeasterly, along the southwesterly sideline of an existing

10.00 foot wide easement, said sideline being 5.00 feet southwesterly of an existing water transmission line, South 64° 45' 45” East, a distance of 68.33 feet, more or less to the southwesterly line of Lot 5 in said Block 17, and having coordinates of N 1,852,422.87, E 6,100,564.57.

CONTAINING 1,873 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-174-06
(P-03B)
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

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11 EXHIBIT C
Temporary Construction Easement
(see attached)

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RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

TEMPORARY CONSTRUCTION EASEMENT DEED
Parcel No. 072-174-06
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Susan C. Rines, as Trustee of The Susan C. Rines Trust dated June 5, 2000 (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A temporary easement and right-of-way (the “TCE”) for the purposes of access, facilitating construction, and installation of the Project, including but not limited to, the right to ingress to and egress upon, over, under and across Grantor’s Property and the right to otherwise use the Grantor’s Property comprising the easement area (“TCE Area”) of an approximately 1,873 square foot portion of Grantor’s Property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-174-06 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”) to facilitate the construction of the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”). The TCE Area is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference.

A. Term. The term of the TCE will commence on the date of the Close of Escrow and expire twentyfour (24) months thereafter. Upon written mutual agreement of the Grantor and Grantee, the Term

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may be extended. Following termination of the TCE, Grantee shall confirm in writing to Grantor that the TCE has terminated and record any instrument necessary to clear title to the Grantor’s Property.

1. Grantee shall limit its use of the TCE Area to the hours of 8 a.m. to 5 p.m. Monday through Friday. The days and hours of TCE use are subject to extension with mutual agreement of Grantee and Grantor. The HDD installation method for the pipe in the Brackney North section would require approximately one day of continuous 24-hour installation.

B. Grantee’s Rights. To accomplish the purpose of the TCE, Grantor hereby grants and conveys the following rights to Grantee:

1. Grantee’s rights granted herein shall be deemed to include such incidental rights as are reasonably necessary to use the TCE for the purposes provided herein, including but not limited to the transportation of construction equipment, materials, supplies, and personnel to and from the Easement area. During the TCE Term, Grantee shall secure the TCE Area to prevent unauthorized access to the construction site, construction materials, and equipment.

2. To access the TCE area within the times specified in order for Grantee and its officers, officials, employees, consultants, agents, representatives, contractors, subcontractors, materialmen, suppliers, workers, successors and assigns for undertaking and facilitating the work on the Project stated herein.

3. To prevent any activity on or use of the TCE Area that is not reserved herein and is inconsistent with the purpose of this TCE and to require the restoration of such areas or features of the TCE Area that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the TCE Area by Grantor not reserved herein that is inconsistent with the purpose of this TCE; and

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this TCE.

C. Grantor’s Obligations.

1. Without the prior written consent of Grantee, which Grantee may withhold in its sole discretion, Grantor may not transfer, encumber, sell, lease, or otherwise separate any mineral rights or water rights for the TCE area.

2. Grantor shall not create any encumbrance superior to this TCE, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the TCE area that Grantee determines, in its sole discretion, will affect Grantee’s use of the TCE for the purposes stated herein.

3. Grantor may not engage in any activities at, on, upon, or adjacent to the TCE area that would adversely affect the Grantee’s use of the TCE.

D. Grantee’s Obligations.

1. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless the Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs (collectively,

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“Claims”) arising from the negligence, recklessness or willful misconduct of Grantee’s employees, agents, and consultants for actions related to the TCE, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

2. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the TCE Area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant Deed of Temporary Easement.

3. Grantee shall at all times replace and maintain exterior fencing during times construction is not occurring to insure security of the TCE Area.

4. At the termination of the TCE, Grantee shall remove any construction equipment and materials from the TCE Area and restore the TCE Area to the condition it was in on the date and time of the beginning of the TCE except normal wear and tear.

5. Upon termination of the TCE, Grantee shall provide such evidence as necessary to clear the TCE from title, including delivery of a quitclaim deed with respect to the TCE.

This grant of temporary construction easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

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IN WITNESS WHEREOF, the parties have executed this Grant of Temporary Construction Easement Deed, effective as of , 20__.

GRANTOR:

Susan C. Rines, as Trustee of The Susan C.

Rines Trust dated June 5, 2000
Date:___________________ By:______________________________ Susan C. Rines, Trustee
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

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Exhibit 1
Property Legal Description
Lots 5, 6, 7, and 8, and a portion of Lot 9, in Block 17, as said Lots and Block are shown on the map entitled, "Subdivision of the Ordway Tract, Part of Section 9, T. 10 S., R. 2 W.", filed for record May 9, 1909 in Map Book 16, at Page 11, Santa Cruz County Records, and which portion of Lot 9 is more particularly described as follows:

Beginning at the most Easterly corner of said Lot 9, in Block 17; thence along the Northeasterly boundary said Lot 9, North 27° 39' West, 50 feet to a station; thence Southwesterly and parallel with the Southeasterly line of said Lot 9, a distance of 25.85 feet, more or less, to the Westerly boundary of said Lot 9; thence South 0° 18' East, along said Westerly boundary 56.25 feet to the most Southerly corner of said Lot 9; and thence Northeasterly along the Southeasterly boundary of said Lot 9, a distance of 51.7 feet to the place of beginning.

APN: 072-174-06

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Exhibit 2
Temporary Construction Easement Legal Description and Plat Map

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EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to The Susan C. Rines Trust, by deed recorded on June 9, 2000, in Document #2000-0028092, Official Records of Santa Cruz County, and said portion being more particularly described as follows:

All that portion of said lands lying south and westerly of the following described line:

BEGINNING at a point on the westerly boundary of Lot 7 in Block 17, as said Lot and Block is shown on the map entitled, "Subdivision of the Ordway Tract", part of Section 9, T. 10 S., R. 2 W., filed for record May 9, 1909, in Map Book 16, at Page 11, Santa Cruz County Records, and from which the most northernmost corner of Lot 9 in said Block 17, now marked by a ½” iron pipe as shown on the Record of Survey map recorded on January 23, 2019 in Volume 128 of Maps at Page 33, Santa Cruz County Records, bears North 00° 59' 44” East, 176.06 feet distant, and the southernmost corner of said Lot 7 bears South 00° 59' 44” West, 3.94 feet distant, said point of beginning having coordinates of N 1,852,452.00, E 6,100,502.76; thence southeasterly, along the southwesterly sideline of an existing

10.00 foot wide easement, said sideline being 5.00 feet southwesterly of an existing water transmission line, South 64° 45' 45” East, a distance of 68.33 feet, more or less to the southwesterly line of Lot 5 in said Block 17, and having coordinates of N 1,852,422.87, E 6,100,564.57.

CONTAINING 1,873 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-174-06
(P-03B)
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

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CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement Deed dated as of ____________________, 20__, from Susan C. Rines, as Trustee of The Susan C. Rines Trust dated June 5, 2000 (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-174-06

17.140
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
1 PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Jamie K. McDonald, surviving joint tenant, herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell a Permanent Easement between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at S. of Tipping Way, W. of Condor Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-181-17 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline, so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A permanent and perpetual pipeline easement and right-of-way, including the right to ingress and egress for the purpose of constructing, operating, and maintaining the NCP and related appurtenances in, on, and over a 7,743 square foot portion of the Property (the “Permanent Easement”). The Permanent Easement and NCP location, construction, operation, and maintenance shall be in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B, attached hereto, and incorporated herein by reference.

17.141
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the Permanent Easement to GRANTEE, and GRANTEE agrees to buy the Permanent Easement from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Permanent Easement to be paid by GRANTEE is the sum of FOUR THOUSAND DOLLARS AND NO CENTS (4,000.00) (“Purchase Price”). (B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Permanent Easement is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the Permanent Easement as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the Permanent Easement Deed is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date. a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

17.142
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any required escrow costs.
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the Permanent Easement Deed in substantially the form attached as Exhibit C and incorporated herein by this reference (the “Permanent Easement Deed”), duly executed and acknowledged by GRANTORS, granting and conveying the Permanent Easement to GRANTEE. g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

17.143
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the Permanent Easement solely for the purpose of making inspections and other pre-construction examinations of the Permanent Easement area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the Permanent Easement solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the Permanent Easement and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools and equipment from the Property.

17.144
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the Permanent Easement and that they have the exclusive right to grant these rights. b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Permanent Easement to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the Permanent Easement herein contemplated, does not require the consent of any party not a signatory hereto.
c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the Permanent Easement solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above. b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the Permanent Easement in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the Permanent Easement and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

17.145
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the Permanent Easement area. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the Permanent Easement by eminent domain litigation. The Purchase Price for the Permanent Easement and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the Permanent Easement, or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the Permanent Easement by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR: Jamie K. McDonald
323 Tipping Way
Ben Lomond, CA 95005
GRANTEE: City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.

17.146
GRANTOR: JAMIE K. MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-17
7 c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the Permanent Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page to Follow

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17.148
9 EXHIBIT A
Property Legal Description
PARCEL I:

A portion of Lot 60, as shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9 T. 10 S., R. 2 W., ant the Zayante Rancho, Santa Cruz County, California", filed for record November 9, 1935 in Map Book 25, Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at the southwesterly corner of said Lot 60 on the easterly line of the Southern Pacific Railroad Company right of way, as shown on said subdivision map; thence from said point of beginning along said right of way line, North 7 ° 41' West, 129.73 feet to a point; thence northerly on a curve to the left with a radius of 578.3 feet for a distance of 187.7 feet to a point; thence North 28 ° 01' West, 132.57 feet to the most westerly corner of Parcel II of the lands conveyed to Rex A. Clark, et ux, by Deed recorded in Volume 1713, Page 384, Official Records of Santa Cruz County; thence leaving said right of way along the southeasterly and northeasterly line of said Parcel II, North 61 ° 59' East, 140 feet to the southeasterly corner thereof and North 28 ° 01' West, 39.18 feet to a point on the southeasterly line of Parcel I of said lands of Clark; thence along the southeasterly and northeasterly line of said Parcel I, North 46 ° 20' 56" East, 89.13 feet to the most easterly corner thereof and North 44 ° 30' West, 120 feet to a point on the northwesterly line of said Parcel 60; thence along the northwesterly, northeasterly and southeasterly lines of said Parcel 60, North 45 ° 30' East, 151.71 feet, South 41 ° 21' East, 719.07 feet and South 65 ° 57' West, 583.03 feet to the point of beginning.

PARCEL II:

A right of way for ingress and egress, as now exists across the lands of the Grantor herein, within Lot 60, said right of way is the continuation of Tiipping Way and is to be appurtenant to the lands of the Grantee herein only as far as Lot 60 is concerned, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9 T. 10 S., R. 2 W., ant the Zayante Rancho, Santa Cruz County, California", filed for record November 9, 1935 in Map Book 25, Page 43, Santa Cruz County Records, APN: 072-181-17

17.149
10 EXHIBIT B
Permanent Pipeline Easement Legal Description & Plat Map (See attached)

17.150

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands conveyed to Jamie Keith McDonald & Linda Crouse, by deed recorded at Document # 1997-0012595, Official Records of Santa Cruz County, and said portion being a strip of land twenty (20.00) feet in width, lying ten (10.00) feet on each side of the following described centerline:

BEGINNING at a point on the southeastern boundary of Lot 60, Subdivision No. 1 – Larita Woods, as shown on the map recorded in Volume 25 of Maps, Page 43, Santa Cruz County Records, from which the southernmost corner of said Lot 60 bears South 67°15'39" West, a distance of 33.86 feet, said point of beginning having coordinates of N 1,851,830.12, E 6,100,962.74; thence North 11°19'41" West, a distance of 37.00 feet, to a point having coordinates of N 1,851,866.40, E 6,100,955.47; thence on a curve to the left, having a radius of 1,200.00 feet, and a central angle of 17°21'32", an arc distance of 363.57 feet; thence North 28°41'13" West, a distance of 44.87 feet, to a point on the southeastern line of Parcel Four as described in the deed conveyed to Jamie Keith McDonald & Linda Crouse, recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, said point having coordinates of N 1,852,246.07, E 6,100,810.02, and from which the westernmost corner of said Parcel Four bears South 63°17’49” West, 3.34 feet distant.

CONTAINING 7,743 square feet, more or less.

The sidelines of said strip shall be lengthened or shorted to terminate on the boundary lines of the grantor and thereby, any portion of said strip lying outside the boundaries of the grantor is excepted therefrom.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-17
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.151

17.152
11 EXHIBIT C
Permanent Pipeline Easement Deed
(See attached)

17.153
RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. TO23000609
Escrow No.

Parcel No. 072-181-17
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Jamie K. McDonald, surviving joint tenant (“Grantor”)
Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-181-17 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

17.154
A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

17.155

7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.156
IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR:

Jamie K. McDonald, surviving joint tenant
Date:___________________ By:______________________________ Jamie K. McDonald
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.157

17.158
Exhibit 1
Property Legal Description
A portion of Lot 60, as same is shown upon the map entitled, “Subdivision No. 1, Larita Woods, being a part of Section 9, Township 10 South, Range 2 West, and the Zayante Rancho, Santa Cruz County, California”, filed for record November 9, 1935, in Map Book 25, Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at the Southwesterly corner of said Lot 60 on the Easterly line of the Southern Pacific Railroad Company right of way, as shown on said subdivision map; thence from said point of beginning along said right of way line, North 7° 41’ West, 129.73 feet to a point; thence Northerly on a curve to the left with a radius of 578.3 feet for a distance of 187.7 feet to a point; thence North 28° 01’ West, 132.57 feet to the most Westerly corner of Parcel II of the lands conveyed to Rex A. Clark, et ux, by deed recorded in Volume 1713, Page 384, Official Records of Santa Cruz County; thence leaving said right of way along the Southeasterly and Northeasterly line of said Parcel II, North 61° 59’ East, 140 feet to the Southeasterly corner thereof and North 28° 01’ West, 39.18 feet to a point on the Southeasterly line of Parcel I of said lands of Clark; thence along the Southeasterly and Northeasterly line of said Parcel I, North 46° 20’ 56” East, 89.13 feet to the most Easterly corner thereof and North 44° 30’ West, 120 feet to a point on the Northeasterly line of said Parcel 60; thence along the Northwesterly, Northeasterly and Southeasterly lines of said Parcel 60, North 45° 30’ East, 151.71 feet, South 41° 21’ East, 719.07 feet and South 65° 57’ West, 583.03 feet to the point of beginning.

APN: 072-181-17

17.159
Exhibit 2
Permanent Easement Legal Description and Plat Map
(See attached)

17.160

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands conveyed to Jamie Keith McDonald & Linda Crouse, by deed recorded at Document # 1997-0012595, Official Records of Santa Cruz County, and said portion being a strip of land twenty (20.00) feet in width, lying ten (10.00) feet on each side of the following described centerline:

BEGINNING at a point on the southeastern boundary of Lot 60, Subdivision No. 1 – Larita Woods, as shown on the map recorded in Volume 25 of Maps, Page 43, Santa Cruz County Records, from which the southernmost corner of said Lot 60 bears South 67°15'39" West, a distance of 33.86 feet, said point of beginning having coordinates of N 1,851,830.12, E 6,100,962.74; thence North 11°19'41" West, a distance of 37.00 feet, to a point having coordinates of N 1,851,866.40, E 6,100,955.47; thence on a curve to the left, having a radius of 1,200.00 feet, and a central angle of 17°21'32", an arc distance of 363.57 feet; thence North 28°41'13" West, a distance of 44.87 feet, to a point on the southeastern line of Parcel Four as described in the deed conveyed to Jamie Keith McDonald & Linda Crouse, recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, said point having coordinates of N 1,852,246.07, E 6,100,810.02, and from which the westernmost corner of said Parcel Four bears South 63°17’49” West, 3.34 feet distant.

CONTAINING 7,743 square feet, more or less.

The sidelines of said strip shall be lengthened or shorted to terminate on the boundary lines of the grantor and thereby, any portion of said strip lying outside the boundaries of the grantor is excepted therefrom.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-17
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

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17.162

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Jamie K. McDonald, surviving joint tenant (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-181-17

17.163
GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
1 PURCHASE AGREEMENT
The Purchase Agreement (“Agreement”) is dated and entered into on the date by which it has been duly executed by all parties hereto (the “Effective Date”), by and between Jamie Keith McDonald, surviving joint tenant, herein referred to as “GRANTOR”, and the City of Santa Cruz, a public agency herein after referred to as “GRANTEE” or “CITY”. GRANTEE and GRANTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”, and the Agreement constitutes both an agreement to purchase and sell two (2) Permanent Easements between the Parties.

RECITALS
This Agreement is entered into with reference to the following facts:

1. GRANTOR is the sole owner in fee simple of real property located at 323 Tipping Way, Ben Lomond, California, identified as Assessor’s Parcel Number 072-181-25 and 072-181-26 in the Records of the Santa Cruz County Assessor, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”).

2. GRANTEE is proposing to complete the Brackney Landslide Area Pipeline Risk Reduction Project (“NCP Project”) to improve the reliability of the CITY’s water supply infrastructure. The Newell Creek Pipeline (“NCP”) is a critical component of the CITY’s water supply infrastructure, carrying water from Loch Lomond Reservoir to the CITY’s Graham Hill Water Treatment Plant. The CITY plans to replace a section of the NCP through the NCP Project. The NCP Project proposes to construct approximately 2,600-LF new, re-aligned NCP between Brackney Road and Glen Arbor Road. This re-alignment is required to replace the existing pipeline which is at its end of useful life and relocate the pipeline so it is protected from future landslide and geological movement. The Pipeline crosses the Property as described herein.

3. GRANTEE desires to purchase and GRANTOR agrees to sell the following:
a. A permanent and perpetual pipeline easement and right-of-way, including the right to ingress and egress for the purpose of constructing, operating, and maintaining the NCP and related appurtenances in, on, and over a 1,379 square foot portion of the Properties (the “Permanent Easements”). The two (2) Permanent Easements and NCP location, construction, operation, and maintenance shall be in accordance with the terms and conditions set forth herein, as more particularly described and depicted in Exhibit B and Exhibit C, attached hereto, and incorporated herein by reference.

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GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1. Complete Agreement. The Parties herein set forth the whole of their AGREEMENT. The performance of this AGREEMENT constitutes the entire consideration and shall relieve GRANTEE of all further obligation or claims on this account, or on account of the location, grade, or construction of the NCP Project.

2. Purchase and Sale. On the Close of Escrow (as herein defined), GRANTOR agrees to sell the two (2) Permanent Easements to GRANTEE, and GRANTEE agrees to buy the two (2) Permanent Easements from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the two (2) Permanent Easements to be paid by GRANTEE is the sum of FIVE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($5,700.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the two (2) Permanent Easements is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the two (2) Permanent Easements as determined by an independent appraiser. GRANTEE shall have no obligation to GRANTOR under the California Relocation Assistance Act (Cal. Gov. Code § 7260 et seq.), and any and all other federal, state, and local laws, ordinances, regulations, whether such claims arise from statute, contract, tort, or otherwise.

4. Escrow. The Parties hereby shall establish an escrow (“Escrow”) to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, “Opening of Escrow” shall mean the date on which Escrow Holder, as defined below, shall have received a fully executed original of this Agreement from GRANTEE and GRANTOR. “Close of Escrow” shall mean the date upon which the two (2) Permanent Easement Deeds is recorded in the Official Records of the County of Santa Cruz. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement, unless the Parties agree in writing to a later date. a. This Escrow will be handled through Chicago Title Insurance Company (the “Escrow Holder”), located at 50 Winham Street, Salinas, CA 93901. b. The Escrow Holder is authorized and shall record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, wherein title to said property interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:

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GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
3 i.Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow.
ii.Covenants, conditions, restrictions, and reservations of record, or contained in the abovereferenced documents. iii.Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
c. GRANTEE shall deposit the Purchase Price in Escrow within ten (10) days of the Opening of Escrow.
d. GRANTEE shall pay all Escrow and recording fees incurred in this transaction, and if title insurance is desired by GRANTEE, the premium charged, therefore. GRANTEE shall pay for recording the Deeds and any required escrow costs.
e. GRANTEE shall have the authority to deduct and pay from the Purchase Price any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this Escrow closes, together with any penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the Close of Escrow.
f. GRANTOR covenants and agrees to deposit into Escrow prior to the Close of Escrow the two (2) Permanent Easement Deeds in substantially the form attached as Exhibit D and Exhibit E and incorporated herein by this reference (the “Permanent Easement Deeds”), duly executed and acknowledged by GRANTORS, granting and conveying the two (2) Permanent Easements to GRANTEE.
g. Each Party agrees to execute such other and further Escrow instructions and documents as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.

5. Mortgage. Any monies payable under this AGREEMENT up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.

6. Financing. Any or all monies payable under this Agreement up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof. Said holder to furnish GRANTEE with good and sufficient receipt showing said monies credited against the indebtedness secured by said financing statements.

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GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
4 7. Release of All Claims. Except for any claim of breach of this Agreement, it is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, payment for any and all past, present, and/or future claims, complaints, demands, causes of action, obligations damages, including access, costs, expenses, attorneys’ fees, rights, and liabilities of any nature whatsoever, whether known or unknown, which have accrued or may accrue to GRANTOR’S Property as a result of this Agreement and the construction and use of the proposed NCP Project, including, but not limited to, any expense which GRANTOR may incur relating to the remaining Property. This release is not intended to extend to unanticipated physical damage caused by construction.

8. Leasehold Interests. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants’ interest in the Purchase Price. Said general releases or quitclaim deeds are to be provided by GRANTOR, prior to the Close of Escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said quitclaim deed(s) is to be provided to Title prior to the Close of Escrow.

9. License to Enter. GRANTOR hereby grants to GRANTEE and GRANTEE’s authorized agents, contractors, and consultants, a license to enter upon the two (2) Permanent Easements solely for the purpose of making inspections and other pre-construction examinations of the two (2) Permanent Easements area during the Escrow period subject to the following:
a. GRANTEE shall give GRANTOR(s) at least 72-hour telephone notice before entering the Property, which notice requires GRANTEE to include the name of the company, the person, and their purpose for access to the Property.
b. GRANTEE does hereby indemnify and forever save GRANTOR(s), GRANTOR’s heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at Property which is in any way connected with GRANTEE’s inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If GRANTEE fails to acquire the two (2) Permanent Easements solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to purchase the two (2) Permanent Easements and satisfaction of removal obligation described in the next sentence. In such event, GRANTEE shall promptly remove or cause to be removed all GRANTEE’s personal property, facilities, tools, and equipment from the Property.

17.167
GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
5 10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the two (2) Permanent Easements and that they have the exclusive right to grant these rights. b. Neither this Agreement nor anything provided to be done hereunder including the transfer of the two (2) Permanent Easements to GRANTEE, violates or shall violate any contract, agreement, or instrument to which GRANTOR is a party, or which affects the Property, and this Agreement, including the sale of the two (2) Permanent Easements herein contemplated, does not require the consent of any party not a signatory hereto. c. GRANTOR has no knowledge of any pending, threatened, or potential litigation, action, or proceeding against GRANTOR or any other Party before any court or administrative tribunal, which is in any way related to the Property.

11. Warranties of GRANTEE.
a. GRANTEE acknowledges that GRANTEE is purchasing the two (2) Permanent Easements solely in reliance on Grantee’s own investigation and that no representations of warranties of any kind whatsoever, express or implied, have been made by GRANTOR, except as provided above.
b. GRANTEE acknowledges that GRANTOR shall have no obligation to improve the Property, before or after the Close of Escrow, and GRANTEE further agrees to purchase the two (2) Permanent Easements in an “AS IS” condition at the Close of Escrow.

12. Compliance with Laws. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.

13. Indemnification Obligations.
a. In consideration of the GRANTEE’s waiving any defects and imperfections in all matters of record title, the undersigned GRANTOR(s) covenant and agree to indemnify and hold the GRANTEE harmless from any and all claims that other parties may make or assert on the title to the Property. The GRANTOR(s)’ obligation herein to indemnify the GRANTEE shall not exceed the amount paid to the GRANTOR(s) under this Agreement. b. GRANTEE agrees to indemnify and hold harmless GRANTOR, Grantor’s heirs, successors, and assigns, and the Property free and harmless from and against any and all liability, loss, damages, costs and expenses, demands, causes of action, claims, or judgments (“Claims”) arising from or occurring out of GRANTEE’s use of the two (2) Permanent Easements and the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of GRANTOR, GRANTOR’s agents, successors, assigns, invitees, or tenants.

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GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
6 14. Access to Property. GRANTEE agrees that GRANTOR(s) will have access to the remainder Property during construction with said access maintained in such a way so that it does not impact or interfere with normal home residency. GRANTEE will notify GRANTOR(s) at least 30-days prior to start of construction of the NCP Project in the two (2) Permanent Easements area. Notwithstanding anything to the contrary herein, GRANTEE and GRANTEE’S Agents shall not impair GRANTOR(s) use or access to the remainder Property and will not park or store vehicles, debris, or equipment on GRANTOR(s) remainder Property unless GRANTOR(s) written permission is obtained in advance.

15. Resolution of Condemnation Action. Both GRANTOR(s) and GRANTEE recognize the expense, time, effort, and risk to both Parties in resolving a dispute over compensation for the two (2) Permanent Easements by eminent domain litigation. The Purchase Price for the two (2) Permanent Easements and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the two (2) Permanent Easements, or any other eminent domain damages including but not limited to relocation and economic damages, arising from or related to the acquisition of the two (2) Permanent Easements by GRANTEE.

16. Notices. All notices and demands shall be given in writing by overnight Federal Express or priority U.S. Mail, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, or (b) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:

GRANTOR: Jamie Keith McDonald
323 Tipping Way
Ben Lomond, CA 95005
GRANTEE: City of Santa Cruz
Attn: Isidro Rivera P.E.
212 Locust Street, Suite C
Santa Cruz, CA 95060
ESCROW HOLDER: Chicago Title
50 Winham Street
Salinas, CA 93901

17. Miscellaneous.
a. It is understood and agreed by and between the Parties hereto that this Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs, personal representatives, successors, and or assigns.
b. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits attached hereto, constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.

17.169
GRANTOR: JAMIE KEITH MCDONALD, SURVIVING JOINT TENANT
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-181-25 & 072-181-26
7 c. If any term or provision of this Agreement shall be held to be invalid of unenforceable, the remainder of the Agreement shall remain in full force and effect. d. GRANTEE reserves the right to cancel Escrow and terminate this Agreement if at any time GRANTEE determines that the Easement is no longer needed for the NCP Project. e. The signatories to this Agreement represent and warrant that each is and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to perform and comply with the terms of this Agreement. f. The Purchase Price reflects the fair market value of the two (2) Permanent Easements without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under federal or state law, GRANTEE may elect to recover its cleanup costs from those who caused or contributed to the contamination.
g. This Agreement shall be construed and interpreted under and governed and enforced according to the laws of the State of California.
h. The Parties agree that each has reviewed this Agreement and have had the opportunity to have counsel review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto.
i. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors, and assigns to comply with the provisions of this Agreement.
j. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.

Signature Page to Follow

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17.171
9 EXHBIT A
Property Legal Description
PARCEL I:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a Part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935 in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

PARCEL II:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL II(A):

A right of way, granted by Lawrence B. Noon, a married man as his sole and separate property ...in favor of Harriet J. Butts, Trustee of the Harriet J. Butts Trust dated January 9, 2009, et al, by that certain Easement Deed, recorded October 10, 2017, in Document No. 2017-0033918, Official Records of Santa Cruz County, and more particularly described as follows:

Situate in the County of Santa Cruz, State of California and being a right of way for ingress and egress, and being a portion of the lands described in the deed to Lawrence B. Noon, recorded March 12, 2003, in Document Number 2003-0023309, Official Records of Santa Cruz County, and being more particularly described as follows:

Beginning at a point of the Westerly line of said above mentioned lands of Noon from which the most Southerly corner thereof bears South 8° 15' East, 23.94 feet distant; thence from said point of beginning, the following courses:
(1) Along said westerly line, North 8° 15' West, 79.16 feet to a point; (2) Leaving said Westerly line, South 25° 07' 17" East, 25.65 feet to a point; (3) South 15° 35' 42' East, 30.75 feet to a point;

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10 (4) South 29° 15' 12" East, 14.22 feet to a point;
(5) South 48° 24' 45" West, 19.72 feet to the Point of Beginning. (PARCEL II(A) described above will not be insured by Chicago Title Company) PARCEL III:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record filed for record November 19, 1935, in Map Book 25, Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60, from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 200 feet to the most Westerly corner thereof on the Northeasterly line of the Southern Pacific Railroad Company right of way, as shown on said map; thence along said right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 234.51 feet to a point; thence North 44° 30' East, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL IV:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northeasterly line of the Southern Pacific Railroad Company, as shown on said map, from which the most Westerly corner of said Lot 60 bears North 28° 01' West, 121.52 feet distant; thence from said point of beginning leaving said right of way at a right angle, North 61° 59' East, 140 feet to a point; thence North 28° 01' West, 39.18 feet to a point from which the point of beginning bears South 46° 20' 56" West; thence South 46° 20' 56" West, 145.38 feet to the point of beginning.

APN(s): 072-181-25 & 072-181-26

17.173
11 EXHIBIT B
Permanent Pipeline Easement Legal Description & Plat Map (See attached)

17.174

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands of Jamie Keith McDonald & Linda Crouse, as conveyed by deed recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, and said portion being described as follows:

All that portion of Parcel Four as said parcel is described in said deed, lying southwesterly of the following described line:

BEGINNING at a point on the northwestern boundary of said Parcel Four, from which the westernmost corner of said Parcel Four on the northeasterly line of a former railroad right of way, (100 feet wide and having a bearing of South 26°42’20” East), bears South 47°39'36" West, a distance of 13.73 feet, said point having coordinates of N 1,852,253.82, E 6,100,817.18; thence South 28°41'13" East, a distance of 3.70 feet, to a point on the southeastern line of said Parcel Four, having coordinates of N 1,852,250.57, E 6,100,818.96 and from which the westernmost corner of said Parcel Four bears South 63°17’49” West, 13.35 feet distant.

CONTAINING 25 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-25
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.175

17.176
12 EXHIBIT C
Permanent Pipeline Easement Legal Description & Plat Map (See attached)

17.177

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands of Jamie Keith McDonald & Linda Crouse, as conveyed by deed recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, and said portion being described as follows:

All that portion of Parcel Two as said parcel is described in said deed, lying southwesterly of the following described line:

BEGINNING at a point on the northwestern boundary of said Parcel Two, being the same as the northwestern boundary of Lot 60, Subdivision No. 1 – Larita Woods, as shown on the map recorded in Volume 25 of Maps, Page 43, Santa Cruz County Records, from which the westernmost corner of said Parcel Two and Lot 60, on the northeasterly line of a 100’ railroad right of way, bears South 46°48'39" West, a distance of 9.45 feet, and having coordinates of N 1,852,359.59, E 6,100,759.31; thence South 28°41'13" East, a distance of 120.57 feet, to a point on the southwestern line of said Parcel Two, having coordinates of N 1,852,253.82, E 6,100,817.18 CONTAINING 1,354 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-26
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.178

17.179
13 EXHIBIT D
Permanent Pipeline Easement Deed
(See attached)

17.180
RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. FWMN-TO22000314
Escrow No.

Parcel No. 072-181-25
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Jamie Keith McDonald, surviving joint tenant (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-181-25 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

17.181
A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

17.182

7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.183
IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR:

Jamie Keith McDonald, surviving joint tenant
Date:___________________ By:______________________________ Jamie Keith McDonald
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.184

17.185
Exhibit 1
Property Legal Description
PARCEL I:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a Part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935 in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

PARCEL II:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL II(A):

A right of way, granted by Lawrence B. Noon, a married man as his sole and separate property ...in favor of Harriet J. Butts, Trustee of the Harriet J. Butts Trust dated January 9, 2009, et al, by that certain Easement Deed, recorded October 10, 2017, in Document No. 2017-0033918, Official Records of Santa Cruz County, and more particularly described as follows:

Situate in the County of Santa Cruz, State of California and being a right of way for ingress and egress, and being a portion of the lands described in the deed to Lawrence B. Noon, recorded March 12, 2003, in Document Number 2003-0023309, Official Records of Santa Cruz County, and being more particularly described as follows:

Beginning at a point of the Westerly line of said above mentioned lands of Noon from which the most Southerly corner thereof bears South 8° 15' East, 23.94 feet distant; thence from said point of beginning, the following courses:
(1) Along said westerly line, North 8° 15' West, 79.16 feet to a point; (2) Leaving said Westerly line, South 25° 07' 17" East, 25.65 feet to a point; (3) South 15° 35' 42' East, 30.75 feet to a point;
(4) South 29° 15' 12" East, 14.22 feet to a point;

17.186
(5) South 48° 24' 45" West, 19.72 feet to the Point of Beginning. (PARCEL II(A) described above will not be insured by Chicago Title Company) PARCEL III:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record filed for record November 19, 1935, in Map Book 25, Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60, from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 200 feet to the most Westerly corner thereof on the Northeasterly line of the Southern Pacific Railroad Company right of way, as shown on said map; thence along said right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 234.51 feet to a point; thence North 44° 30' East, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL IV:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northeasterly line of the Southern Pacific Railroad Company, as shown on said map, from which the most Westerly corner of said Lot 60 bears North 28° 01' West, 121.52 feet distant; thence from said point of beginning leaving said right of way at a right angle, North 61° 59' East, 140 feet to a point; thence North 28° 01' West, 39.18 feet to a point from which the point of beginning bears South 46° 20' 56" West; thence South 46° 20' 56" West, 145.38 feet to the point of beginning.

APN(s): 072-181-25 & 072-181-26

17.187
Exhibit 2
Permanent Easement Legal Description and Plat Map
(See attached)

17.188

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands of Jamie Keith McDonald & Linda Crouse, as conveyed by deed recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, and said portion being described as follows:

All that portion of Parcel Four as said parcel is described in said deed, lying southwesterly of the following described line:

BEGINNING at a point on the northwestern boundary of said Parcel Four, from which the westernmost corner of said Parcel Four on the northeasterly line of a former railroad right of way, (100 feet wide and having a bearing of South 26°42’20” East), bears South 47°39'36" West, a distance of 13.73 feet, said point having coordinates of N 1,852,253.82, E 6,100,817.18; thence South 28°41'13" East, a distance of 3.70 feet, to a point on the southeastern line of said Parcel Four, having coordinates of N 1,852,250.57, E 6,100,818.96 and from which the westernmost corner of said Parcel Four bears South 63°17’49” West, 13.35 feet distant.

CONTAINING 25 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-25
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.189

17.190

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Jamie Keith McDonald and Linda Crouse, Husband and Wife, as Joint Tenants (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-181-25

17.191
14 EXHIBIT E
Permanent Pipeline Easement Deed
(See attached)

17.192
RECORDING REQUESTED BY:

City of Santa Cruz
WHEN RECORDED RETURN TO:

City of Santa Cruz
212 Locust Street
Santa Cruz, CA 95060
Attn.: Water Department
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

GRANT OF EASEMENT DEED
(PIPELINE)
Title Order No. FWMN-TO22000314
Escrow No.

Parcel No. 072-181-26
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

DOCUMENTARY TRANSFER TAX is $0 CITY TAX is $0
☐ computed on the full value of the property conveyed, or ☐ computed on full value less value of liens or encumbrances remaining at the time of sale, or ☒ There is no Documentary transfer tax due, government agency acquiring title (R & T 11922). ☒ Unincorporated area of Santa Cruz County ☐ City/Town of FOR CONSIDERATION, receipt of which is hereby acknowledged, I (we) Jamie Keith McDonald, surviving joint tenant (“Grantor”) Hereby GRANT(S) to:

CITY OF SANTA CRUZ, a public agency organized and existing under the laws of the State of California (“Grantee”), all of the following:

A permanent, perpetual and non-exclusive pipeline easement (the “Permanent Easement”), including the right to ingress and egress for the purpose of constructing, operating, inspecting, maintaining, and replacing the water pipe and related appurtenances in connection with the Brackney Landslide Area Pipeline Risk Reduction Project (the “Project”), across, over, under, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-181-26 in the Records of the Santa Cruz County Assessor and more particularly described in Exhibit 1, attached hereto and incorporated herein by reference (the “Property”). The Permanent Easement is more particularly described and depicted in Exhibit 2, attached hereto, and incorporated herein by reference, to facilitate the Project, as defined herein.

17.193
A. Grantee’s Rights. To accomplish the purpose of this Permanent Easement, Grantor hereby grants and conveys the following rights to Grantee:

1. To implement the Project, including but not limited to, apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement from all applicable governmental or regulatory entities, and to do those things on the Permanent Easement that, in the sole opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project and any other lawful use of the Permanent Easement, all at Grantee’s expense. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals;

2. To access the Permanent Easement at reasonable times in order for Grantee and its employees, agents, contractors, engineers, and surveyors to inspect, conduct, perform and examine soil borings, drainage testing, environmental sampling, surveys and other geological or engineering tests or studies necessary to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Permanent Easement;

3. To prevent any activity on or use of the Permanent Easement that is not reserved herein and is inconsistent with the purpose of this Permanent Easement and to require the restoration of such areas or features of the Permanent Easement that may be damaged by Grantor as a result of any act, failure to act when specifically required herein to act, or any use of the Permanent Easement by Grantor not reserved herein that is inconsistent with the purpose of this Permanent Easement;

4. The right to enforce by judicial enforcement, including without limitation, injunctive relief the terms and conditions of this Permanent Easement.

B. Prohibited Uses. Except as provided herein, any activity on or use of the Permanent Easement that is inconsistent with the purpose of this Easement Deed is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, its respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited within the Permanent Easement:

1. Residential, commercial, retail, institutional, or industrial uses;

2. Any legal or de facto division, subdivision, or partitioning of Permanent Easement;

3. Construction or placement of any building, wireless communication cell tower, or any other structure or improvement;

4. No street, road or other paved area shall be constructed over the Permanent Easement to a grade less than five feet above the top of the Project’s pipeline located within the Permanent Easement. Fill shall not be placed or maintained over the surface of the ground as it shall exist within the Permanent Easement upon completion of construction greater than 3 feet in depth;

5. Dumping soil, trash, ashes, refuse, waste, bio solids, garbage, or any other material;

6. Creation of any encumbrance superior to this Permanent Easement, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license, or similar possessory interest in the Permanent Easement that Grantee determines, in its sole discretion, will affect Grantee’s uses of the Permanent Easement for the purposes of operating or maintaining the Project; and

17.194

7. Any and all other activities and uses of the Permanent Easement that would adversely affect the realization of the purpose of this Permanent Easement.

C. Reserved Rights. Grantor and Grantee expressly acknowledge that this Permanent Easement creates no restrictions on activities undertaken on property adjacent to the Permanent Easement, Grantor reserves all rights accruing from their ownership of the Permanent Easement, including the right to engage in or to permit or invite others to engage in those uses of the Permanent Easement that are authorized by and consistent with this Permanent Easement.

D. Fee Ownership and Responsibilities.

1. Grantor, their successors, and assigns retain all responsibilities and bear all costs related to the fee ownership of the Property, including the area of the Permanent Easement. Grantor agrees Grantee shall not have any duty or responsibility for monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Permanent Easement area provided, however, that Grantee shall indemnify Grantor against liability arising from the use of the Permanent Easement by Grantee, its officers, employees, agents, or invitees.

2. To the fullest extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless Grantor, its employees, agents, successors and assigns, from and against any and all claims, demands, actions, damages, or judgments, and expenses, including attorneys’ fees and costs, arising from the negligence, recklessness, or willful misconduct of Grantee, its employees, agents, and consultants for actions related to the construction, operation, and maintenance of the Brackney Landslide Area Pipeline Risk Reduction Project, except to the extent such Claims result from, arise out of, or are caused by the negligence, recklessness, or willful misconduct of Grantor, Grantor’s employees, agents, successors, assigns, or invitees.

No building or structure of any kind shall be constructed upon the Permanent Easement, and should a building or structure be erected in violation of this provision, Grantee and its successors and assigns may still exercise all rights herein granted and shall have the right to remove, or cause Grantor to remove, at Grantor’s expense, any such building or structure. Subject to the foregoing, Grantor hereby reserves, for themselves, their successors and assigns, the right to use the surface of the Permanent Easement for all uses not in conflict with Grantee’s use of the Permanent Easement for the Project.

3. Grantee shall, at its sole cost and expense, repair, restore, and reconstruct in all material respects any damage to any and all affected facilities, improvements, equipment and appurtenances on the Permanent Easement area, which is proximately caused by any act or omission of Grantee, its employees, agents, contractors, or subcontractors related to this Grant of Easement Deed.

4. At the completion of construction, Grantee shall remove any construction equipment and materials from the Permanent Easement area and restore the Permanent Easement area to the condition it was in on the date and time of the beginning of construction except normal wear and tear.

This grant of easement shall be binding upon and shall inure to the benefit of the respective administrators, executors, personal representatives, successors and assigns of the parties hereto. [Signature page to follow]

17.195
IN WITNESS WHEREOF, the parties have executed this Grant of Easement Deed, effective as of , 20__.

GRANTOR:

Jamie Keith McDonald, surviving joint tenant
Date:___________________ By:______________________________ Jamie Keith McDonald
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

APPROVAL AS TO FORM
Office of the City Attorney
Date:________________________

17.196

17.197
Exhibit 1
Property Legal Description
PARCEL I:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a Part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

PARCEL II:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL II(A):

A right of way, granted by Lawrence B. Noon, a married man as his sole and separate property ...in favor of Harriet J. Butts, Trustee of the Harriet J. Butts Trust dated January 9, 2009, et al, by that certain Easement Deed, recorded October 10, 2017, in Document No. 2017-0033918, Official Records of Santa Cruz County, and more particularly described as follows:

Situate in the County of Santa Cruz, State of California and being a right of way for ingress and egress, and being a portion of the lands described in the deed to Lawrence B. Noon, recorded March 12, 2003, in Document Number 2003-0023309, Official Records of Santa Cruz County, and being more particularly described as follows:

Beginning at a point of the Westerly line of said above mentioned lands of Noon from which the most Southerly corner thereof bears South 8° 15' East, 23.94 feet distant; thence from said point of beginning, the following courses:
(1) Along said westerly line, North 8° 15' West, 79.16 feet to a point; (2) Leaving said Westerly line, South 25° 07' 17" East, 25.65 feet to a point; (3) South 15° 35' 42' East, 30.75 feet to a point;
(4) South 29° 15' 12" East, 14.22 feet to a point;

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(5) South 48° 24' 45" West, 19.72 feet to the Point of Beginning. (PARCEL II(A) described above will not be insured by Chicago Title Company) PARCEL III:

Being a portion of Lot 60, as same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record filed for record November 19, 1935, in Map Book 25, Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northwesterly line of said Lot 60, from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 200 feet to the most Westerly corner thereof on the Northeasterly line of the Southern Pacific Railroad Company right of way, as shown on said map; thence along said right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 234.51 feet to a point; thence North 44° 30' East, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears South 45°30' West, 200 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 70 feet to a point; thence South 44° 30' East, 120 feet, more or less, to a point on the Southeasterly line of lands conveyed to Albert G. Phoenix and Marion J. Phoenix by deed recorded July 7, 1966 in Book 1773, Page 354, Official Records of Santa Cruz County; thence from said point, North 46° 20' 56" East, 70 feet to the most Southeasterly corner of said lands conveyed to Albert G.

Phoenix and Marion J. Phoenix; thence North 44° 30' West, 120 feet to the point of beginning.

EXCEPTING THEREFROM the following:

Beginning at a point on the Northwesterly line of said Lot 60 from which the most Westerly corner thereof bears 45° 30' West 60 feet distant; thence from said point of beginning along the Northwesterly line of said Lot 60, South 45° 30' West, 60 feet to the most Westerly corner thereof on the Northeasterly line of the S.P.R.R. Co. right of way as shown on said map; thence along the right of way line, South 28° 01' East, 121.52 feet to a point; thence leaving said right of way, North 46° 20' 56" East, 60 feet to a point; thence North 28° 01' West, 121.52 feet, more or less, to the point of beginning.

PARCEL IV:

Being a portion of Lot 60, as the same is shown upon the map entitled, "Subdivision No. 1, Larita Woods, being a part of Section 9, T. 10 S., R. 2 W., and the Zayante Rancho, Santa Cruz County, California", filed for record November 19, 1935, in Map Book 25, at Page 43, Santa Cruz County Records, and more particularly described as follows:

Beginning at a point on the Northeasterly line of the Southern Pacific Railroad Company, as shown on said map, from which the most Westerly corner of said Lot 60 bears North 28° 01' West, 121.52 feet distant; thence from said point of beginning leaving said right of way at a right angle, North 61° 59' East, 140 feet to a point; thence North 28° 01' West, 39.18 feet to a point from which the point of beginning bears South 46° 20' 56" West; thence South 46° 20' 56" West, 145.38 feet to the point of beginning.

APN(s): 072-181-25 & 072-181-26

17.199
Exhibit 2
Permanent Easement Legal Description and Plat Map
(See attached)

17.200

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California.

BEING an easement over a portion of the lands of Jamie Keith McDonald & Linda Crouse, as conveyed by deed recorded in Volume 5027, Page 957, Official Records of Santa Cruz County, and said portion being described as follows:

All that portion of Parcel Two as said parcel is described in said deed, lying southwesterly of the following described line:

BEGINNING at a point on the northwestern boundary of said Parcel Two, being the same as the northwestern boundary of Lot 60, Subdivision No. 1 – Larita Woods, as shown on the map recorded in Volume 25 of Maps, Page 43, Santa Cruz County Records, from which the westernmost corner of said Parcel Two and Lot 60, on the northeasterly line of a 100’ railroad right of way, bears South 46°48'39" West, a distance of 9.45 feet, and having coordinates of N 1,852,359.59, E 6,100,759.31; thence South 28°41'13" East, a distance of 120.57 feet, to a point on the southwestern line of said Parcel Two, having coordinates of N 1,852,253.82, E 6,100,817.18 CONTAINING 1,354 square feet, more or less.

Exhibit "A", page 2 of 2, is attached hereto, and by this reference made a part hereof.

The courses (bearings and distances) and the coordinates shown hereon are based upon the California Coordinate System of 1983, CCS83, Zone 3, (2010.00) also known as NAD83 (2011) in accordance with the California Public Resources Code Sections 8801-8819.

END OF DESCRIPTION
APN 072-181-26
Prepared by: Gary Ifland, LS 7367
March 1, 2023
Job No. G20050

17.201

17.202

CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Easement Deed dated as of ____________________, 20__, from Jamie Keith McDonald and Linda Crouse, Husband and Wife, as Joint Tenants (collectively, the “Grantor”) to the City of Santa Cruz, a public agency (the “Grantee”), is hereby accepted by the undersigned officer on behalf of the City Council of the City of Santa Cruz, pursuant to authority conferred by Resolution No. NS 7013 of the City Council of the City of Santa Cruz, adopted on the 8th day of January, 1963, and recorded with the County Recorder of Santa Cruz County on the 14th day of January, 1963, in Volume 1516, Page 392 of the Official Records; and that Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 20___
By: _____________________________
Matt Huffaker, City Manager
Relates to portion of APN: 072-181-26

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ORDINANCE NO. 2023-13
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 5.11 TO THE

SANTA CRUZ MUNICIPAL CODE REQUIRING DELIVERY COMPANIES TO OFFER

TIPPING OPTION FOR DELIVERY CUSTOMERS
BE IT ORDAINED by the City of Santa Cruz as follows:

WHEREAS, the City of Santa Cruz recognizes the significant contributions made by delivery drivers who deliver goods or packages to customers at residential addresses within the City of Santa Cruz.

WHEREAS, the City of Santa Cruz believes it is important to ensure fair compensation for these delivery drivers, who often provide exceptional service to the residents of our city; and WHEREAS, tipping is a common practice in many service industries and provides customers with an opportunity to show appreciation for outstanding service; and WHEREAS, it is in the interest of the City of Santa Cruz to encourage and promote fair compensation for delivery drivers while fostering a positive working relationship between customers and delivery companies;
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1. Chapter 5.11 (Delivery Driver Tipping) is hereby added to the Santa Cruz Municipal Code, and it shall read as follows:
“CHAPTER 5.11 – DELIVERY DRIVER TIPPING

5.11.010 – DEFINITIONS.
(a) "Delivery company" shall refer to parcel delivery services engaged in the business of shipping and/or delivering a minimum average of twenty-five packages per week to customers at residential addresses within the City of Santa Cruz. (b) "Delivery driver" shall refer to an individual employed by a delivery company for the purpose of delivering goods or packages to customers at residential addresses.

5.11.020 – TIPPING OPTION REQUIREMENT.
(a) All delivery companies, as defined in Section 5.11.010, operating within the City of Santa Cruz shall offer a tipping option to their customers, either through their website, mobile application, or other means of electronic communication. Companies engaged in the shipping or delivery of products or packages on their own behalf or on behalf of third

18.1 ORDINANCE NO. 2023-13
2 parties from the point of origin to the final residential destination shall, jointly and severally, be responsible for compliance with this Chapter including, but not limited to third-party contractors such as, for example, Amazon Delivery Service Partners. (b) The tipping option shall be prominently displayed and easily accessible to the customer by one or more mechanisms that may include, but are not limited to, any of the following:
a. During the checkout or order placement process;
b. Through a hyperlink in an SMS or e-mail notifying the customer of the delivery status; c. On printed material affixed to the delivery box or within the package with instructions on how to leave a tip;
d. On an order/delivery tracking page that a customer has access to; or e. A generally available website that customers are directed to at which a tip can be given for a specific delivery by providing a tracking number or other unique identifier to the delivery company. This website must be easily accessible and discoverable such as, for example, by including its web address and instructions on the delivery company’s packing label.

5.11.030 – EXCEPTIONS.
(a) This ordinance shall not apply to:
a. Delivery companies with six (6) or fewer employees;
b. Delivery drivers who are independent contractors;
c. Delivery companies or delivery drivers who engage in regular face-to-face interactions with customers including, but not limited to, furniture and appliance deliveries, service calls, installation services and similar transactions.
d. Delivery companies or delivery drivers who are subject to a valid collective bargaining agreement;
e. The United States Postal Service; or
f. Business-to-Business deliveries.

5.11.040 – CIVIL ENFORCEMENT.
(a) Any aggrieved person may enforce the provisions of this chapter in a civil action filed in Santa Cruz Superior Court for injunctive relief and damages.

18.2 ORDINANCE NO. 2023-13
3 (b) Any person who violates any provision of this chapter or who aids in such a violation is liable for each violation. Whoever is found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for one hundred dollars ($100) per day per driver in damages, plus costs and reasonable attorney's fees as determined by the Court. (c) Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for equitable relief under this subsection may be brought by any aggrieved person. (d) In any civil action brought pursuant to this Chapter, it shall be an affirmative defense if the defendant delivery company establishes that the failure to comply was due to short-term technical outages (malfunctions, outages, or integration issues) that prevented the option to tip from being delivered to customers, provided such outage was resolved within five (5) business days, and the delivery company has otherwise made good faith efforts to maintain the tipping service generally.”
SECTION 5. Severability.

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 6. Effective Date
This ordinance shall be in force and take effect one hundred eighty (180) days from the date of its final adoption.

PASSED FOR PUBLICATION this 28th day of November 2023, by the following vote:

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson; Mayor Keeley.

NOES: Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

18.3 ORDINANCE NO. 2023-13
4 PASSED FOR FINAL ADOPTION this 12th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-13 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

18.4 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

December 6, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 6th day of December, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

18.5 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5
th day of December, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-13, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—4.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5 th day of
December, 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

18.6 From: Garrett
To: City Council
Subject: 12.12.23 Agenda Item #18 Tipping delivery drivers? Date: Friday, December 8, 2023 10:38:36 AM

12.12.23 Agenda Item #18 Tipping delivery drivers?
Dear Council,
The brain trust who thought this one up is starting to worry me. It's a feel good thingy, but actually sounds like trouble in practice.
1) For one, what happens if a retailer just says, "sorry, we just won't deliver to Santa Cruz"?
2) The only "aggrieved person" eligible to take legal action are delivery drivers.

DO YOU REALLY THINK THEY ARE GOING TO SUE THIER EMPLOYER???? HA HA HA HA.
3) Amazon already has a tipping service through Alexa where when ordering you can say "Alexa, Thank my driver" and there is no cost to the consumer. The first million thank you are $5 tips. Then Amazon thanks the drivers with the most tip requests with $10,000.

You think Santa Cruz Amazon drivers are going to sue Jeff Bezos?????? No, pretty much the only people that you are targeting are pizza delivery types that already get tipped routinely, some from local small businesses.

I'm not wasting any more ink on this one.

Again, you're starting to worry me.

Garrett Philipp - Westside

18.7 18.8

18.9 18.10

18.11 18.12

18.13 From: Jacob Knobel
To: City Council
Subject: Public Comment for 12/12/23 - #18
Date: Sunday, December 10, 2023 1:58:25 PM
Attachments: DRIVR Public Comment - City of Santa Cruz - Driver Tipping Ordinance.pdf Hello,
Attached are public comments for the upcoming City Council meeting on Tuesday, December 12th, 2023 regarding the "2nd Reading and Final Adoption of Ordinance No. 2023-13 Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers"
Jacob Knobel
DRIVR

18.14 December 10th, 2023
Dear Mayor Keeley and members of the Santa Cruz City Council, We write today to share our thoughts and perspective regarding the city's proposed “Driver Tipping Ordinance'' that is awaiting a final reading.

At DRIVR, we work with delivery companies and drivers in our hometown of Santa Cruz, and throughout the country, with the goal of improving the lives of drivers. We do this in part by providing technology solutions to delivery providers that among other things, helps drivers better understand their own performance, and their pathways to higher pay. We also provide solutions for small delivery companies or stores who want to allow their drivers to be tipped easily, but may not have the technical expertise to add such functionality to their stores or services.

We believe our background and connection with drivers & delivery provider owners gives us a unique perspective and solid position to comment on this ordinance, and provide the council with different feedback than those expressed by other businesses and trade groups who have previously provided written comments.

General Thoughts
DRIVR supports the Ordinance, and we feel that any efforts to increase driver pay would be greatly appreciated by drivers, and by the consumers who depend on them and wish to show that appreciation. We feel the council has done a great job responding to feedback from delivery companies to craft an ordinance that does a great job balancing the realities and complexities of last mile logistics with the overarching goal of increasing driver pay through tips. We believe the ordinance as written addresses nearly all of the concerns raised that are specific to delivery drivers, and should be passed for adoption.

When speaking with package recipients, including many who live in Santa Cruz, we were initially surprised by how many wanted to tip their drivers, but didn’t quite know how they could do it. We heard many stories of people who had drivers go that extra mile to carry something heavy to their doorstep, or who show up in the dark, late, in inclement weather. Others simply just wanted to do something nice for the person who was always reliable and made their lives easier.

Unfortunately, leaving cash on the doorstep isn’t all that safe and there’s no guarantee that it would get to the driver you intended given the multitude of deliveries many people get in a single day. Many might not even have cash available to begin with. As all industries modernize,

18.15 we feel it is important that the ability for a customer who wants to tip be retained, and made as easily as possible.

Concerns Regarding Solicitation or Expectations of Tips The ordinance has always been incredibly clear in all revisions – delivery companies must provide an option to tip. There is no requirement or expectation, and customers who are not aware or don’t want to tip don’t even need to be solicited. All this ordinance provides for is the opportunity to be available, and that opportunity can exist passively, without ever being in the face of a customer who is not looking specifically for it.

We don’t believe the City Council ever envisioned this ordinance requiring a situation where a driver shows up at your door with a tablet often seen in retail stores with “15 / 20 / 25%” buttons on it and a customer being pressured to tip. We don’t think that’s the right way to approach this, and the ordinance agrees.

For some companies, adding a tip line to their checkout, or sending a text message post-delivery asking for a tip directly might fit their use case and customer needs well. In the case of FedEx and other common carriers who, as they point out, are merely contracted by a seller to deliver, they may not have customer contact information, or any ability to solicit a tip from the customer. That makes sense, and they’d likely use a different method of compliance.

This ordinance provides a number of methods to comply that are reasonable and technologically possible.

In FedEx’s case, a method of compliance that fully adheres to the ordinance’s terms could be as simple as a button labeled “Tip Your Driver” that is added to the FedEx tracking page. No solicitation, but it’s there if someone is looking for it and wishes to use it. That’s it – no notification, texts, fliers, or anything else is needed to comply.

Concerns Regarding Tipping Generally
Debate can surely be had around tipping culture, fairness of tipping, tipping fatigue, etc, but the reality we live in today relies heavily on tipping in the makeup of wages for service workers.

While these debates are ongoing, it seems unfair that delivery drivers would be excluded from participating when many other driver types do.

Concerns regarding Santa Cruz’s small size
Large companies have said that making a change in operations specifically for Santa Cruz is a burden due to the small size of our city relative to the general operating area of the business.

However, there is no penalty for accepting tips in other jurisdictions. Nothing is stopping any of these companies from accepting tips for all of California, or the entire country. While they may be only required to implement tipping in Santa Cruz, they are certainly free to expand their implementation across any area they wish, and we hope they do! If the implementation costs for

18.16 a large company seem out of balance with our small service area, that’s only because they are choosing on their own to restrict their implementation.

Companies have to deal with differences in local/regional/state rules and regulations all the time. We don’t see why this Ordinance would be any more of a burden than the thousands of others across the country that determine other aspects of how companies must operate in various locales.

Exemption of Workers Bound by a Collective Bargaining Agreement Unionized workers have a voice in which they can bargain with management for benefits that they collectively want. A union may decide that they want their company to offer tipping, and then fight for that. They may instead decide that they prefer a higher wage, and fight for that instead. The point is that they have a choice and a voice to bargain with their employer to get the benefits they want. Most notably, the Teamsters Union for UPS opted not to ask for tipping and instead fought for higher wages, which they recently received. For drivers not part of collective bargaining, they have no choice to fight for that opportunity, and customers may wish to provide for those drivers what they can’t bargain for on their own. This ordinance provides that opportunity.

In general, DRIVR is supportive of expanding opportunities to increase driver pay to all drivers, regardless of a CBA, as long as it’s allowed by law.

Significant Burden of Implementation
While there are costs associated with any new implementation or business change, we do not believe the costs here are significantly burdensome. For small businesses who do not wish to create their own service, a typical off-the-shelf payment collection service usually costs next to nothing to operate and only charges a standard credit card transaction fee. More targeted software solutions meant for tipping exist as well, and run in the $0-$50/mo range, plus transaction fees for the actual tips received. These costs are well established payment collection fees where there is high competition and availability of options, all within reach of any business that qualifies under this ordinance.

For larger companies that wish to implement all changes in-house, most already have all the pieces required (driver & package tracking, charging customers, payroll), but just need to connect their systems in a new way. For example, FedEx, like many other carriers, already accept payments from customers who have an incoming package and wish to have their package delivered at a specific time, or redirected to another location, so there is clearly no issue accepting additional payment from a customer on a web page, and the same could be applied for tips.

For tip distribution, all employees are already paid and on payroll systems. Changes would be required to get tip amounts into the payroll system, but tipping is supported by nearly all payroll

18.17 systems and while implementation changes do exist to integrate the tip reporting with payroll, they should be fairly routine and common. Restaurants and other businesses that accept tips manage these fees and integrations without issue every day.

Final Thoughts
Despite there being a minor implementation burden for any company to comply, we truly believe those costs to be worthwhile. The costs don’t go to some unknown purpose or benefit outside of the company – the costs go directly to supporting an option that lets delivery company employees make more money.

We fail to see how a relatively minor investment that opens up higher wages, increased morale, and is a benefit to the company when hiring in a competitive market could possibly be objectionable. It’s a win for everyone.

We certainly wonder why anyone would object to their workers getting paid more with only minimal cost to the company. Why wouldn’t Fedex and other carriers want a better life for their employees?
According to Talent.com the average Fedex delivery driver salary in California is $39,000 per year or $18.75 per hour. Entry level positions start at $35,100 per year while most experienced drivers make up to $52,390 per year. The median rent in Santa Cruz is $3400/month or $40,800/year. We value economic diversity in our amazing city. We can’t solve all the problems but this seems like a low effort, minimal step towards putting extra dollars in the pockets of essential workers who we depend on every day to deliver.

We greatly appreciate the work of the sponsoring councilmembers and city staff in writing and working on this ordinance, and the entire council for allowing discussion and for the opportunity to tip be available for our residents.

As longtime local residents and business owners, we feel very lucky to live in a city and have elected representatives that care so much about all the populations that live and work here, and are excited for the drivers that support all Santa Cruz residents to benefit.

Thank You & Happy Holidays,
Sol Lipman & Jacob Knobel
Co-Founders
DRIVR
877 Cedar St STE 150
Santa Cruz, CA 95060

18.18 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: City Council
SUBJECT: Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes, and
2) Direct Water Department staff to identify and resolve equity issues created by use of the meter sizing approach included in Appendix M prior to implementing the Appendix M meter sizing provisions and bring to the Council for review and action any necessary changes in Water and Wastewater System Development Charges and Water Rate fixed costs following the anticipated 2025 and 2027 updates to System Development Charges and Water Rates, respectively, to ensure that similarly situated customers are treated equitable regardless of the approach used to size the meters for their water service.

BACKGROUND: In November 2022, the City of Santa Cruz (“City”) adopted and incorporated by reference the 2022 edition of the California Building Standards Code, California Code of Regulations Title 24, Part 5, 2022 California Plumbing Code (CPC) and Appendices A, B, D, H, I, and J through approving Ordinance No. 2022-13. Appendix A of the CPC includes a standardized approach to size plumbing systems and related fixtures, and for sizing water meters for proposed or significantly changed buildings that has been used for many years.

Over the last several years, various interests have recognized that both how much water is used by plumbing fixtures and how water is actually used in most buildings is substantially different from the level of water demand that was used in creating the piping and meter sizing approach included in Appendix A. The International Association of Plumbing and Mechanical Officials (IAPMO) worked together with Stantec Engineering and other interests to create an updated approach to size water plumbing systems and related fixtures that is based on more up-to-date information about how much water is used by plumbing fixtures and how water is used in buildings. This approach is codified in 2022 CPC Appendix M, the Peak Demand Calculator, which was not one of the appendices adopted by the City when it adopted building standard codes in November 2022.

19.1 DISCUSSION: The City Council supports the efficient use of water resources as an integral element of the City’s water supply reliability strategy. Council members are interested in adopting the Peak Water Demand Calculator codified in Appendix M and its updated approach to sizing hot and cold-water plumbing systems and facilities and making use of the approach in Appendix M as an option to use of the long-standing and arguably out-of-date plumbing and fixture sizing direction codified in CPC Appendix A.

Applying the Peak Water Demand Calculator results in smaller diameter piping system materials being required in most buildings and is particularly relevant in multi-family or mixed-use development buildings that will comprise most of the new construction in the coming decades.

Being able to use smaller diameter piping and related system materials in new construction results in lower materials cost during construction as well as improved building water quality due to increased water circulation through smaller diameter piping and lower energy costs associated with more efficient hot water distribution once the building is occupied.

One barrier to fully implementing the Peak Water Demand Calculator approach for sizing both building plumbing piping and related fixtures and for meter sizing is that meter size is used in both application of the Water Department’s System Development Charges (i.e., connection fees) for new customers and as a part of the Department’s water rate structure. Using two different approaches to meter sizing introduces equity issues that arise when similarly situated buildings are charged different amounts for the same service. Before the City can fully implement the meter sizing provisions of Appendix M, these equity issues must be resolved.

To facilitate resolution of this equity issue, the Council direct Water Department staff to identify and resolve equity issues created by use of the meter sizing approach included in Appendix M prior to implementing the Appendix M meter sizing provisions and bring to the Council for review and action any necessary changes in Water and Wastewater System Development Charges and Water Rate fixed costs following the anticipated 2025 and 2027 updates to System Development Charges and Water Rates, respectively, to ensure that similarly situated customers are treated equitable regardless of the approach used to size the meters for their water service.

FISCAL IMPACT: There is no fiscal impact of this action.

Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Martine Watkins
Councilmember
Submitted By:

Fred Keeley
Mayor
ATTACHMENTS:

1. ORDINANCE.DOCX

19.2 ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING TITLE 18 OF THE SANTA CRUZ MUNICIPAL CODE, ADOPTING CALIFORNIA CODE OF REGULATIONS TITLE 24 APPENDIX M OF THE CALIFORNIA BUILDING

STANDARDS CODES
BE IT ORDAINED by the City of Santa Cruz as follows:

WHEREAS, the City of Santa Cruz (“City”) adopted and incorporate by reference the 2022 edition of the California Building Standards Code, California Code of Regulations Title 24, Part 5, 2022 California Plumbing Code and Appendices A, B, D, H, I, and J through approving Ordinance No. 2022-13, which adopted various sections of the California Building Standards Code, in the fall of 2022; and
WHEREAS, Santa Cruz currently uses California Plumbing Code Appendix A in reviewing building plans for the sizing of plumbing systems and related fixtures, including sizing of meters for proposed or significantly revised buildings; and WHEREAS, the City Council supports the efficient use of water resources as an integral element of the City’s water supply reliability strategy and finds that Appendix M, the Peak Water Demand Calculator of the 2022 California Plumbing Code, which was not adopted by the City in Ordinance No. 2022-13, provides builders with an optional approach to sizing building plumbing system piping using an approach based on updated water use data for hot and cold water plumbing systems and facilities; and
WHEREAS, Using the Peak Water Demand Calculator results in smaller diameter piping system materials being required in most buildings, which results in lower materials cost during construction as well as improved building water quality and lower energy costs associated with more efficient hot water distribution.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
(NOTE: Those sections of Title 18 not included in this exhibit remain in force unchanged.) Section 1. Chapter 18.12 “Plumbing Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.12.030 to read as follows:

18.12.030 ADOPTION OF THE PLUMBING CODE.

The Plumbing Code of the City of Santa Cruz (CCR 24, Part 5, the 2022 California Plumbing Code) is hereby amended to adopt Appendix M, The Peak Water Demand Calculator, which provides an optional, alternate approach for use by builders in determining the sizing of plumbing systems and facilities.

19.3 ORDINANCE NO. 2023-XX
One copy of the above documents is and shall be maintained on file in the office of the building official for use and examination by the public.

This ordinance shall be in force and take effect thirty (30) days after its final adoption but not prior to February 9, 2024.

PASSED FOR PUBLICATION this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 9th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-XX and
that it has been published or posted
in accordance with the Charter of
the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

19.4 From: Garrett
To: City Council
Subject: 12.12.23 Agenda Item #19 Peak Water Rate Calculator Date: Friday, December 8, 2023 9:59:42 AM

12.12.23 Agenda Item #19 Peak Water Rate Calculator
Dear Council,
I can accept their are situations where smaller meters and pipes would be a great option to present to developers of especially multi-family housing. As a requirement, I'm not so much in favor of that, especially for single family homes. You just adopted new regulations from 2022. You're going to issue new ones already? I suspect you know what I'm going to write next. Any mention of EQUITY in regulation, as you normally define it, and you don't define "equity" specifics yet here, but generally, your interpretations of that are awful and will be discriminatory I suspect, but then as cult like believers in discrimination in the name of "equity" you won't even know what I'm talking about.

Any such regulations should not possibly treat people differently based on anything related to who they are, their income, any personal factors or it will be discrimination pure and simple.

At the heart of this, you want to put a maximum limit on the amount of water users can purchase to limits YOU set, and not them. Water rates are already progressive, and larger water users pay plenty for it. It seems "we" just authorized about 600 million dollars to increase capacity and upgrade the water system, and now your saying "use less water", hummm.

Not so different than similar energy regulations, squeezing conservation obeys the laws of diminishing returns and at some point, we need more water just like we need more energy and you should not be starving the population of either. Starving the population of any resource is somewhat immoral and the stuff of mean authoritarians.

The earth is 70% covered in water. It is not a scarce resource unless you make it that way.

As to single family houses, they are subject to renovation, future expansion (additions and ADU's), and I'd not want to pre-emptively limit their future water use potential if they even remotely have such plans, therefore "options" make more sense.

If this is a good idea, making it an option will result in it's selection by the public where it makes sense. Otherwise, it may well be something the public doesn't want.

If this does result in unfavorably low water delivery, people will probably adjust their pressure reducers to deliver more water which can be unsafe.

Can you imagine telling people they can only have a 100 Amp electric service instead

19.5 of 200 Amp, to "save energy"? It's not so different.

Garrett Philipp - Westside

19.6 City Council

AGENDA REPORT
DATE: 11/16/2023
AGENDA OF: 12/12/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED) RECOMMENDATION: Motion to:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”);
2) Adopt a resolution to approve the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of 902 Pacific Avenue Investors, L.P., a California limited partnership, or another entity to be established by Eden Housing, Inc. and For the Future Housing, Inc. or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed seventy-five million dollars ($75,000,000) to provide financing for Pacific Station North (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500; 3) Adopt a resolution to approve the declaration of the land to be conveyed by the City to METRO as “exempt surplus” for the purpose of developing and operating the Project; 4) Authorize City Manager or Finance Director to approve a Project loan for up to $10 million in State IIG funding already awarded to Pacific Station and the Project and to execute loan documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City; and
5) Authorize City Manager or Finance Director to approve a Project loan for up to $2 million from the FY 2023 federal budget appropriation for the Project.

BACKGROUND: On January 26, 2021, the City Council approved several entitlements related to the development Project, Pacific Station North, located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152-30, -31, -32, -33 and -05) (Project) to develop 128 affordable rental apartments with a maximum household income average of 60% Area Median Income (AMI) or below and commercial uses on the lower levels, and to redevelop the Santa

20.1 Cruz Metropolitan Transit District (METRO) downtown transit METRO Center. The affordable housing developer, 902 Pacific Avenue Investors, L.P., a California limited partnership (the “Borrower”) is currently in the final phase of financing to develop the Project and is planning to begin construction this February 2024.

The major source of funding for the development of this Project will be from the federal Low Income Housing Tax Credit Program which involves issuance of bonds. The Borrower has requested that the California Municipal Finance Authority (“CMFA”) act as its issuer of the taxexempt revenue bonds in an aggregate principal amount not to exceed $75,000,000. As part of this transaction, ground lease ownership will be under 902 Pacific Avenue Investors, L.P., a California limited partnership (the “Borrower”).

Following a similar process as the 100% affordable Water Street Apartments and the 100% affordable Sycamore La Playa Apartments, CMFA would issue the tax-exempt revenue bonds.

The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Santa Cruz, have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing. No liability for debt repayment is attributed to the City as the local government agency.

Land Transfer between METRO & City to re-align their land parcels for the Project:

At the January 26, 2021 City Council meeting, Council approved a Lot Line Adjustment to realign the METRO-owned land parcel and the City-owned land parcel needed to build the Project.

Per the State’s Surplus Land Act, the City must comply with the State of California’s regulations as stated in the Resolution attached for Council approval.

State IIG Loan:

Per Council approved Resolution NS 29-88, the City applied for and received a State Infrastructure & Infill Grant (IIG) funding award for the Pacific Station planning area including this Project. While the State IIG funding award shall be in the form of a grant to the City, and the City is proposing to loan a portion of the IIG funding award to the Project for the development.

DISCUSSION: In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Cruz must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. The purpose of this December 12, 2023 TEFRA Hearing is for the allocation of bonds to the Project for development.

Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. This December 12, 2023 City Council meeting has been duly noticed as that TEFRA hearing.

20.2 Staff recommends that the City Council adopt a resolution approving the issuance of tax-exempt revenue bonds of up to $75,000,000 to the Borrower, by CMFA for the purpose of assisting in the implementation of the Project. The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Santa Cruz, approximately $18,500 shall be granted by the CMFA to the City’s Affordable Housing Trust Fund upon the Project financing closing.

Land Transfer between METRO & City to re-align their land parcels for the Project:

To build the Project, the METRO-owned & City-owned land parcels will be re-aligned to better fit the newly updated transit station and 100% affordable housing development planned on-site.

METRO will transfer a portion of its land parcel to the City and the City will do the same with its land parcel as part of the Lot Line Adjustment. The City and METRO will still remain landowners of their respective parcels with the Lot Line Adjustment. For the affordable housing and other mixed-use components, the City will continue to own its land parcel and ground lease the land to the affordable housing developer and provide leases for other commercial uses on the ground floor of the 100% affordable residential building. Per the State’s Surplus Land Act, the City must comply with the State of California’s regulations as stated in the Resolution attached for Council approval. Due to the nature of this inter-governmental agency transfer between the City and METRO, the land declaration is surplus exempt.

Funding awarded and proposed loans to the Project including the State IIG Loan:

The City and/or the Project has been awarded several grants and loans, including the State Housing & Community Development’s Local Housing Trust Fund ($5 million), Affordable Housing Sustainable Communities program ($29.6 million), Infrastructure and Infill Grant program ($20.9 million of which a portion is designated for the Project), and the Department of Housing and Urban Development (HUD) HOME Investment Partnerships program (HOME) (~$3 million) and FY 2023 federal budget appropriations $2 million).

Staff recommends that the City Council adopt a motion authorizing the City Manager or Finance Director to approve a Project loan for up to $10 million in State IIG funding already awarded to the Pacific Station planning area including this Project, an additional loan from the City to the Project up to $2 million from the FY 2023 federal budget appropriation and to execute loan documents including agreements, amendments, and related documents in a form to be approved by City Attorney with the key terms included below, on behalf of the City:
• Project loan(s) period shall be for a minimum term of 55 years from Certificate of Occupancy.

20.3 • Project loan(s) shall have annual repayments of principal, and interest where applicable, based on the Project’s residual receipts
• Project affordability covenants, imposed by the City as a condition to the City’s ground lease and loans, shall be senior to all of the Project loans recorded on title. • City loan(s) shall subordinate to senior loans per State Housing & Community Development (HCD) requirements and others as needed.
• City is providing a loan(s) from several different State and local funding sources. To the extent possible, the City shall consolidate the Project loans into one set of loan documents as the various funding programs’ regulations allow and per Council authorization requested herein.

Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. With the Project located downtown, it encourages a sustainable and healthy lifestyle by allowing residents to walk and ride to the job center and commercial uses in the downtown vicinity. The site will also include the Metro station, allowing for residents and downtown visitors to use public transit to gain access to other areas of the city, thereby further promoting sustainable transportation use. By providing 100% affordable rental apartments, this will not only help the City with a more sustainable supply of rental housing, but will also help create a more inclusive equitable community.

FISCAL IMPACT: There will be no negative fiscal impact to the City. As stated above, the bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the bonds for the financing of the Project. The City Affordable Housing Trust Fund is expected to receive a portion of the issuance fee estimated at $18,500 to be granted by CMFA which will be deposited into the City’s Affordable Housing Trust Fund upon the financing closing. Once the development is complete, significant revitalization efforts will be completed in lower Pacific Avenue in addition to the much-needed affordable housing that includes a new METRO transit station, new commercial retail and a new public paseo pedestrian enhancement connecting to the Riverwalk that will substantially increase the vitality and help sustain the downtown economy. The City will receive increased revenue from future commercial tenants in the Project.

Prepared By:

Jessica de Wit
Housing and Community
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. TEFRA RESOLUTION.DOCX

2. LAND DECLARATION RESOLUTION.DOCX

20.4 RESOLUTION NO. NS-_________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING A PLAN

OF FINANCE FOR THE ISSUANCE OF REVENUE BONDS IN ONE OR MORE SERIES BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $75,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF 902 PACIFIC AVE INVESTORS, L.P., EDEN HOUSING, INC. OR FOR THE FUTURE HOUSING, INC., (OR AN AFFILIATE OF EITHER), AND

CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, 902 Pacific Ave Investors, L.P., a California limited partnership, or another ownership entity to be created by one or more of its general partners, Eden 902 Pacific Ave, LLC, a California limited liability company, and FTF 902 Pacific Ave, LLC, a California limited liability company, or by another affiliate of Eden Housing, Inc. or For The Future Housing, Inc. (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) issue one or more series of revenue bonds in an aggregate principal amount not to exceed $75,000,000 (the “Bonds”) for the acquisition, construction, development and equipping of a 128-unit qualified residential rental project for low-income tenants (the “Project”), to be located at 902, 912 and 920 Pacific Avenue and 333 and 433 Front Street, all located in the City of Santa Cruz, California (the “City”), to be owned and/or operated by the Borrower (the “Project”); and
WHEREAS, the City is a member of the Authority; and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve a plan of finance for the issuance of the Bonds in one or more series by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Cruz as follows:

1. The foregoing recitals are true and correct.

2. The City Council hereby approves a plan of finance for the issuance of the Bonds in one or more series by the Authority in an amount not to exceed $75,000,000, to finance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of a plan of finance for the issuance of the Bonds in one or more series by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected

20.5 representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

4. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111

5. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this ____ day of _______, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

20.6 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DECLARING A PORTION OF TWO PARCELS ON THE 900 BLOCK OF PACIFIC AVENUE DESIGNATED IN THE OFFICIAL RECORDS OF THE SANTA CRUZ COUNTY ASSESSOR AS APN 005-152-32 AND APN 005-152-33 AS EXEMPT SURPLUS PROPERTY PURSUANT TO THE “SURPLUS LANDS ACT” (Cal. Govt. Code § 54220, et seq.)

RECITALS
WHEREAS, the Santa Cruz Metropolitan Transit District (“Metro”) owns and operates a transit center located at 920 Pacific Avenue and identified as Assessor’s Parcel Numbers 005-152-30, 005-152-31, and 005-152-05 (“Metro Property”); and
WHEREAS, the City owns land adjacent to the Metro Property identified as Assessor’s Parcel Numbers 005-152-32 and 005-152-33 (“City Property”) which together with the Metro Property is collectively referred to as the “Development Property”; and WHEREAS, on July 1, 2020, City and Metro entered into that certain Memorandum of Understanding regarding the development of the Pacific Station North Project on the Development Property (the “Project”) to include a new and improved transit center on property to be owned by Metro (the "New Metro Transit Center"), and a 128-unit affordable housing development, with 100% of units affordable under the California Tax Credit Allocation Committee (CTCAC) financing program above ground-floor commercial on property to be owned by the City (the “Affordable Housing Project”); and
WHEREAS, in December, 2022, the City selected Eden Housing, Inc., a California nonprofit public benefit corporation (“Eden”) and For the Future Housing, Inc., a California corporation (“FTF”) as the developer of the Development Property; and
WHEREAS, in order to develop the Project, the City and Metro must perform a lot line adjustment and land swap to reconfigure the Development Property such that certain portions of the Metro Property will be conveyed to the City and certain portions of the City Property will be conveyed to Metro so that Parcel A (as defined below) and Parcel B (as defined below) will be created as legal parcels (“Land Swap”); and
WHEREAS, the portion of Metro Property to be conveyed to the City contains approximately 16,995 square feet, and is more particularly identified as “Transfer Parcel 1” on Exhibit A, attached hereto and incorporated herein by reference. Combined with the portion of the City Parcel to be retained, an approximately 28,719 square foot parcel (“Parcel A”) will be created (as more particularly identified on Exhibit B, attached hereto and incorporated herein by reference) to facilitate construction of the Affordable Housing Project ; and
WHEREAS, the portion of City Property to be conveyed to Metro contains approximately 16,245 square feet, and is more particularly identified as “Transfer Parcel 2” on Exhibit C, attached hereto and incorporated herein by reference. Combined with the portion of Metro Property to be retained, an approximately 65,685 square foot parcel (“Parcel B”) will be created (as more particularly

20.7 RESOLUTION NO. NS-XX,XXX
identified on Exhibit D, attached hereto and incorporated herein by reference) to facilitate construction of the New Metro Transit Center; and
WHEREAS, after the Land Swap, the City will be the fee owner of Parcel A and Metro will be the fee owner of Parcel B; and
WHEREAS, the Surplus Land Act (hereinafter “the Act”)(Cal. Govt. Code § 54220, et seq.) requires that when a local agency sells or leases land that is no longer necessary for the agency’s use, it must prioritize it for affordable housing, open space, and other state purposes if it meets certain criteria; and
WHEREAS, as a threshold matter, the Act applies to land meeting the criteria set forth in the statute, unless the land is exempt. “Surplus land” is broadly defined as land owned in fee by any local agency “for which the agency’s governing board takes formal action in a regular public meeting declaring the land is surplus and is not necessary for the agency’s use”; and WHEREAS, “exempt surplus land” is defined in the Act, in part, as “[s]urplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use” (Cal. Govt. Code § 54221(f)(1)(D)), and "land that a local agency is exchanging for another property necessary for the agency's use" (Cal. Govt. Code § 54221(f)(1)(C)); and
WHEREAS, “agency’s use” is defined in the Act, in relevant part, to “include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board, for agency work or operations…” (Cal. Govt. code Section 54221(c)); and
WHEREAS, pursuant to Section 54221(f)(2) and 54222(b) of the Act, prior to the disposal of exempt surplus land located within a Coastal Zone, a written notice of the availability of surplus land for open-space purposes shall be sent to:
(1) To any park or recreation department of any city within which the land may be situated. (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is situated.
(4) To the State Resources Agency or any agency that may succeed to its powers; and WHEREAS, the portion of the City Parcel to be conveyed by the City to Metro (Transfer Parcel 2) to create Parcel B pursuant to the foregoing meets the definition of “exempt surplus property” pursuant to Section 54221(f)(1)(D) of the Act because it is being transferred to Metro pursuant to a plan adopted by the Metro Board of Directors for “agency work or operations,” namely, construction and operation of the New Metro Transit Center, and, in addition, the Land Swap meets the definition of "exempt surplus property" pursuant to Section 54221(f)(1)(C) which includes in the definition of Exempt Surplus Land, land that a local agency is exchanging for another property necessary for agency use.

20.8 RESOLUTION NO. NS-XX,XXX
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Cruz hereby finds, determines and declares as follows:

1. That the foregoing Recitals are true and correct; and

2. That for purposes of facilitating the transfer to Metro as necessary to create Parcel B for the development of the Pacific Station North Project, including the New Metro Transit Center, and a new 128-unit 100% affordable housing project, Transfer Parcel 2 is hereby declared “exempt surplus property” pursuant to Section 54221(f)(1)(D) of the Act; and

3. That the City Council hereby directs that a written notice of availability for open-space purposes shall be sent to the entities listed in Section 54222(b) of the Act prior to transferring Transfer Parcel 2 to Metro as exempt surplus property.

PASSED AND ADOPTED this 12th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _____________________________
Fred Keeley, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator

20.9 RESOLUTION NO. NS-XX,XXX
EXHIBIT A (Transfer Parcel 1—Metro to City)

20.10 RESOLUTION NO. NS-XX,XXX
EXHIBIT B (New Parcel A—Affordable Housing Project Parcel)

20.11 RESOLUTION NO. NS-XX,XXX
EXHIBIT C (Transfer Parcel 2—City to Metro)

20.12 RESOLUTION NO. NS-XX,XXX
EXHIBIT D (New Parcel B—New Metro Transit Center)

20.13 From: Garrett
To: City Council
Subject: 12.12.23 Agenda Item #20 Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Date: Friday, December 8, 2023 11:08:33 AM

12.12.23 Agenda Item #20 Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Dear Council,
With many things, a little of something can be a good thing, a lot fatal.

One only has to expand the scope of a thing (suppose that was everywhere) to see its effects.

This is a tax exempt forever kind of property, so that the burden of paying for city services through property taxes falls on everyone else. The "no cost to the city" doesn't exactly acknowledge that. The ground floor commercial spaces would pay whatever fees etc you refer to whether there were affordable units or not. The affordable units are a burden on others in city services they don't pay for.

While tax exempt status for charities, churches, etc makes good sense, this is of course different in that as far as I know, nothing prevents people of means from living there.

They get a subsidized "free ride" while the more deserving perhaps do not.

It's more socialism, and people fall for "affordable housing" line as if they don't pay.

They (those that pay taxes) will pay more than their share or they will receive less the more of this we have until there is no free market in housing.

Just thought I'd mention once again about the "equity" thingy.

Garrett Philipp

20.14 ORDINANCE NO. 2023-14
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.12 OF THE

CITY OF SANTA CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM TO

CLARIFY CERTAIN REGULATIONS FOR FLEXIBLE DENSITY UNITS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Section 24.12.1520 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1520 DEVELOPMENT STANDARDS.

1. Density. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to FDU units.

2. Unit Size. The floor area of FDU units may range from a minimum of two hundred twenty square feet to a maximum of six hundred fifty square feet.

3. Minimum Dwelling Units Requirement. Residential or mixed-use projects shall contain at least three dwelling units to qualify for use of the FDU unit type. FDU units can count towards this requirement.

4. Open Space. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum open space per dwelling unit shall not apply to FDU units. In lieu of the district regulations for open space, minimum usable open space per dwelling unit for FDU units shall be defined by Section

24.12.1530.

5. Storage Facilities. All FDU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3, Chapter 24.12.

6. Bicycle Parking. One Class 1 bicycle storage facility shall be provided for each FDU unit. The required private usable storage space provided for each FDU unit may be utilized to meet this requirement.

7. Covered Parking. Covered parking is not required.

8. Zoning. In addition to the permitted land use districts in Chapter 24.10, FDUs shall be permitted in the Central Business District (CBD) pursuant to the Development Standards and Design Guidelines section of the Downtown Plan.

21.1 ORDINANCE NO. 2023-14
2 9. FDUs in Density Bonus Projects. When FDUs are proposed as part of a density bonus application, sections (a) and (b), below, shall be used to calculate the allowable residential density, or conforming base project, upon which the density bonus application is based. Both of the following conditions shall apply to the units in the density bonus application:
a. The average unit size for the base project must be equal to or greater than the average unit size for the density bonus application.
b. The percentage of units in the base project that are FDUs must be equal to or less than the percentage of units in the density bonus project that are FDUs.

Section 2. For areas of the City outside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption, and for areas of the City located inside the Coastal Zone this ordinance shall take effect and be in force thirty (30) days after final adoption but only following verification by the Executive Director of the California Coastal Commission that the approved ordinance conforms to the modifications requested by the California Coastal Commission.

PASSED FOR PUBLICATION this 28th day of November 2023, by the following vote:

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

21.2 ORDINANCE NO. 2023-14
3 PASSED FOR FINAL ADOPTION this 12th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-14 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

21.3 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

December 6, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 6th day of December, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

21.4 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5
th day of December, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-14, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—3.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5 th day of
December 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

21.5 CITY COUNCIL

AGENDA REPORT
DATE: 11/17/2023
AGENDA OF:

DEPARTMENT:
12/12/2023
Planning & Community Development
SUBJECT: General Plan 2030 6th Cycle Housing Element Update and Update to the Safety Element of the 2030 General Plan. Location: Citywide. Applicant:

City of Santa Cruz. Environmental Review: Exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and Reuse of the 2030 General Plan Environmental Impact Report (EIR). (PL)
RECOMMENDATION: Resolution rescinding Resolution No. NS-29,076 and adopting a General Plan Amendment to repeal the 5th Cycle 2015-2023 Housing Element and adopting the 2023-2031 6th Cycle Housing Element of the General Plan and associated updates to the Safety Element of the General Plan and finding that the proposed changes are exempt from CEQA under Section 15061(b)(3) and finding that the changes are covered under CEQA through a reuse of the 2030 General Plan EIR.

BACKGROUND: The Housing Element is a critical tool for the City of Santa Cruz to plan for and accommodate current and future housing growth and services over the next eight years. The Housing Element is one of the seven State-mandated elements included in the Santa Cruz General Plan and is required to be updated in eight-year planning “cycles.” Santa Cruz is currently in the final year of its 5th Cycle, so this update is for the 6th Cycle Housing Element covering December 31, 2023 to December 31, 2031. The final draft of the 6th Cycle Housing Element is attached. The purpose of the Housing Element is to identify and plan for the City’s existing and projected housing needs. It contains a detailed outline of the City’s goals, policies, and objectives for the protection, improvement, and production of housing for a sustainable future. The Housing Element Update is adopted by City Council and then certified by the California Department of Housing and Community Development (HCD) for compliance with State Housing Element law. The HCD deadline for certification is December 15, 2023.

California Government Code Section 65580 lists six Housing Element goals to help ensure that every resident has access to housing and a suitable living environment.

1. The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.

22.1 2. The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.

3. The provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of the government.

4. Local and State governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.

5. The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the State in addressing regional housing needs.

6. Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality’s housing need for all income levels is essential to achieving the State’s housing goals and the purposes of this article.

Regional Housing Needs Allocation
A central part of the Housing Element is detailing how the City can facilitate the construction of housing units at various affordability levels to the amounts prescribed in the Regional Housing Needs Allocation (RHNA). The RHNA target for this Housing Element cycle was developed by HCD and then refined by the Association of Monterrey Bay Area Governments (AMBAG). It provides each jurisdiction a specified target number of housing units in four different affordability levels (as shown in Table G-1 below from the Housing Element).

Table G-1: City of Santa Cruz 6th Cycle RHNA by Income Category Income Category Percent of Area Median Income (AMI) RHNA Very Low-Income 0-50% AMI 859
Low-Income 51-80% AMI 562
Moderate-Income 81-120% AMI 709
Above Moderate-Income >120% AMI 1,606
TOTAL RHNA 3,736
*The Santa Cruz County AMI is $119,300 for a family of four, according to 2022 HCD Income Limits.

The total number of units the City needs to plan for is 3,736. To put this number in perspective, the total RHNA units for Santa Cruz in the current 5th Cycle is 747. The increase in this housing target is the State recognizing the underproduction of housing statewide for some time. The City of Santa Cruz is doing its part to help achieve housing production goals by producing more than double the total number of units (1,715) in the City’s 5th Cycle RHNA targets, with approximately 53% of those units being below market rate in their affordability. The City exceeded the required number of units in each income category, making it one of only about 6% of all jurisdictions in the State have met RHNA targets in all income categories. Additionally, the City is one of only 30 jurisdictions in California to receive the State’s Prohousing Designation, which recognizes jurisdictions that have policies and programs in place to better facilitate housing at all income levels. Despite these accomplishments, the City will need to make even greater strides to reach the significantly increased 6th Cycle RHNA targets. One specific

22.2 consequence of not meeting RHNA targets is that, per State law, it triggers an increase in availability for projects to use SB35 legislation to bypass much of local control in the housing entitlement process, including streamlined review and no California Environmental Quality Act (CEQA) requirements.

The consequence of not having a certified Housing Element on time is even greater. After the City’s December 15, 2023 certification deadline and until the Housing Element is certified, this scenario triggers the “builder’s remedy,” which requires that virtually any housing development be approved so long as it designates at least 20% of its units as low income. All City Zoning and General Plan standards are not enforceable on those projects during that time. Given the City’s 20% low-income inclusionary requirement, this means that all proposed projects of any height and density would have to be approved. Additionally, the City would be ineligible for many grants until certification is achieved. Therefore, it is important that this Housing Element be adopted by the City Council in a timely manner.

Housing Element Contents
The Housing Element Update includes two chapters, an Introduction Chapter and a Policy Plan Chapter. These chapters are followed by eight appendices: Community Engagement, Review of Past Performance, Housing Needs Assessment, Fair Housing Assessment, Housing Constraints, Housing Resources, Housing Sites Inventory, and a Glossary. Additional amendments to the General Plan’s Safety Element are also included in this package to conform to new hazard mitigation requirements. Together, this update provides a comprehensive view of the City’s past, present, and future actions as they relate to supporting programs and housing for all needs and all affordability levels.

In order to support meeting the RHNA targets and drive housing decisions for the next eight years, the Housing Element Update does two key things: 1) it provides goals, policies, and objectives to address housing needs and support future housing growth for all income levels, and 2) it identifies an inventory of sites to show that the City has capacity to accommodate its RHNA housing unit targets. Aside from these two sections, much of the Housing Element focuses on providing existing conditions analysis and local context to inform and further support the policy and site inventory decisions.

New to the 6th Cycle Housing Element Updates statewide is the inclusion of Affirmatively Furthering Fair Housing (AFFH) requirements. Beginning on January 1, 2019, Assembly Bill (AB) 686 established new requirements for all California jurisdictions to ensure that local laws, programs, and activities affirmatively further fair housing and that all Housing Elements due after January 1, 2021 contain an assessment of fair housing. Under State law, affirmatively furthering fair housing means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free of barriers that restrict access to opportunity based on protected characteristics (such as race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability).” The State requires Santa Cruz to show how its housing decisions are furthering fair housing, and HCD assigns special focus on this new portion of the document in its certification review.

Summary and analysis of AFFH can be found in the Fair Housing appendix, and numerous AFFH policies are designated in the Policy section to provide actions/objectives to meet the noted State aims.

22.3 On June 14, 2022, City Council also provided direction on contents of the Housing Element to staff in the form of a resolution. The attached Response Letter to the June 14, 2022 City Council Housing Element Direction details how the Draft Housing Element Update is meeting the formal directions provided by City Council. Council also formed a Housing Element Subcommittee (Subcommittee) consisting of Mayor Keeley, Councilmember Kalantari-Johnson, and Councilmember Newsome. Over the past year, staff met regularly with the Subcommittee to vet housing goals, policies, objectives, and sites.

Community Outreach
Community workshops were held virtually in English and Spanish on September 29, 2022 and April 4, 2023. Between them, a community survey was available online from September 29 to November 10, 2022, and the survey results are attached. The first meeting and survey results fed into the development of the Housing Element Update, while the second meeting presented the first draft of the Housing Element Update to seek public comments and feedback to further refine the document.

A first draft of the Housing Element Update was available to the public for review and feedback for 30 days beginning on March 24, 2023. The first draft of the document was also presented to Planning Commission on April 20, 2023 and to City Council on April 25, 2023 for additional input from decision-makers and the public. After the 30-day public review period, each future revision to the document triggers a minimum public review period of seven days prior to submittal to HCD. All comments received during this public review time and at the Planning Commission and City Council meetings were considered, with many resulting in substantial improvements to the document prior to formally submitting the first draft of the Housing Element Update to HCD on May 10, 2023.

Four subsequent document revisions, public review cycles, and submissions to HCD were performed throughout the summer and fall to arrive at the document before the Council.

Revisions were made based on feedback from HCD, the Subcommittee, and the public. The latest formal response letter from HCD had only one comment remaining. Following the latest submission to HCD on November 14, 2023, should HCD have no further comments, they will deem the Housing Element Certifiable following adoption. With only one comment remaining, staff is hopeful that this will occur ahead of the Housing Element Update being presented to Council on December 12, 2023, thus officially meeting the December 15, 2023 deadline.

A website for the Housing Element – www.cityofsantacruz.com/housingelement – has been maintained throughout the process. Each draft Housing Element Update circulated for public comment, as well as each draft submitted to HCD (with edits in redline), is included on the website. Information on the Housing Element, RHNA, the update process, community outreach efforts, and AFFH is provided to help inform the community about this important update effort.

Community members can also sign up to receive email updates about important steps in the process, like public meetings and draft documents available for public comment. To date, nearly 2,900 people have signed up for the email alerts about the Housing Element Update and around 350 comments have been submitted and responded to by staff since April 2023. This reflects the broad engagement effort that the City has undertaken throughout the update process. The Community Engagement appendix provides more details on the robust engagement efforts conducted and responses to community comments.

22.4 The Planning Commission considered the latest draft of the Housing Element at a public hearing on November 16, 2023. The discussion section below includes a summary of the hearing.

DISCUSSION: This section will focus on the key changes made to the document since the first Public Review draft was presented to the Planning Commission and City Council in April 2023.

Additional information is contained on the Housing Element Update website at www.cityofsantacruz.com/housingelement.

Policy Plan Chapter
The Policy Plan Chapter details the community’s goals, policies, and objectives relative to housing production, rehabilitation, protection, and assistance for all residents in Santa Cruz. The seven goals of the Policy Plan chapter are listed below to provide the reader with a general overview of policy priorities. More detail on the goals, as well as the policies and objectives within them, are in the attached Housing Element document.

Goal 1: Housing Production. Facilitate housing production that meets the present and future housing needs of Santa Cruz residents.

Goal 2: Affordable Housing. Provide an increased and protected supply of housing affordable to extremely low, very low, low, and moderate-income households.

Goal 3: Special Needs Housing and Homelessness. Provide accessible housing and supportive services that provide equal housing opportunities for special needs populations, including the unhoused and those at risk of homelessness.

Goal 4: Housing Assistance. Provide increased opportunities for low- and moderateincome residents to rent or purchase homes.

Goal 5: Neighborhood Vitality. Improve housing and neighborhoods throughout Santa Cruz and in designated target areas while protecting residents from displacement.

Goal 6: Affirmatively Further Fair Housing. Combat housing discrimination, undo historic patterns of segregation, and lift barriers that restrict access to foster a more inclusive community and help achieve racial equity and fair housing choice.

Goal 7: Resource Conservation and Environmental Stewardship. Fulfill the City’s housing needs while promoting an environmentally sustainable, compact community with clearly defined urban boundaries that takes into consideration the existing and potential impacts of sea level rise and climate change, particularly on underserved communities.

Over the summer and fall of 2023, nearly all policies and objective saw edits and further refinement based on staff review and feedback from HCD, the Subcommittee, and the public.

Several entirely new policies were added such as: 1.3g on aligning development standards, 1.3h on agenda requirements for conforming projects, 2.1i on supporting development on faith-based sites, 3.1d updating community care licensing requirements, and 3.7c off-peak seasonal housing coordination. Many of these were to satisfy HCD requirements but not all. For example, Objective 1.3h was added based on public feedback.

22.5 Another example of policy changes based on public feedback is the addition of Extremely Low Income Housing as an affordability category to support, which was added based on public comment at the April 25, 2023 City Council meeting. Yet another example is increasing the metric of Objective 4.1a regarding tenant assistance, with the goal to provide renter assistance to 50 households increased to 100 households assisted based on public feedback.

Most of the policy plan revisions stemmed from HCD direction to make policies and objectives be as concrete and measurable as possible. In some places, this meant adding quantifiable metrics such as for policies related to housing rehabilitation, HCD wanted specific numbers, so coordination was done with the Code Enforcement Division to estimate the number of units in need of rehabilitation citywide. In many other places, this meant removing non-committal language like “Explore…” or “Consider…,” instead providing specific commitments, timelines, and quantifiable metrics. HCD granted flexibility for some policies where it was needed, but in the end, around 100 policies were revised in some way during the summer and fall. Efficient and timely coordination with the Subcommittee and other staff made this task possible.

HCD also requested further detail on policies related to AFFH. In addition to timelines and metrics, AFFH topic areas and geographic targets were provided for all objectives that HCD deemed to be directly related to meeting AFFH goals. AFFH topic areas include:

1. Enhancing housing mobility strategies;

2. Encouraging development of new affordable housing in high resource areas;

3. Improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and

4. Protecting existing residents from displacement.

Each AFFH objective states which topic area(s) it falls into. One way of affirmatively furthering fair housing is to support housing development in “high resource” areas (as determined by HCD and the Tax Credit Allocation Committee). High resource areas are shown by research to be most strongly associated with positive economic, educational, and health outcomes for low-income families, which are typically areas of higher incomes, high-performing schools, and fewer environmental hazards. HCD required more information showing how AFFH objectives have geographic targets in the City, in part to allow for more housing opportunities in higher resource areas.

Housing Constraints
One section that was added to the Housing Constraints appendix is regarding growth management and growth control measures. HCD is aware of the Housing for People ballot initiative and tracking it, as the State views the measure as possibly creating a constraint to housing. Because the measure has not been voted on yet, a section was added speaking more broadly about how initiatives requiring a vote of the people for legislative actions (increasing height or size of a project) or raising the inclusionary rate without more study can be constraints to housing.

Sites Inventory
The Sites Inventory is broken down into two sections: Pipeline Projects and Projected Housing.

Pipeline projects include projects that have been proposed or entitled but have not yet been counted in a previous Annual Progress Report on housing for HCD (which is how RHNA numbers are tracked, with timing of building permit being the determining factor for these

22.6 purposes). Projected Housing details sites throughout the city that have the potential develop with housing in the coming eight years. Based on April 25, 2023 Council direction, HCD feedback, or further staff review, some pipeline projects and projected development sites were removed or revised and some new ones were added. Below is the Sites Inventory summary table from the first submittal to HCD, followed by the summary table of the current Sites Inventory on page G-2 of Appendix G Sites Inventory.

First HCD Submittal May 8, 2023:

Current Sites Inventory Summary as of November 16, 2023:

Table G-2: 6th Cycle RHNA Sites Inventory Analysis
Strategies
Very
Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
TOTAL
6 th Cycle RHNA 859 562 709 1,606 3,736
City of Santa Cruz 702 70 1,560 2,332
UC Santa Cruz 0 242 0 242

1. Pipeline
Projects
Total 702 312 1,560 2,574

2. Projected ADUs 292 234 58 584
Housing Vacant Residential
Land 3 8 63 74
Table G-2: 6th Cycle RHNA Sites Inventory Analysis
Strategies
Very
Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
TOTAL
6 th Cycle RHNA 859 562 709 1,606 3,736
City of Santa Cruz 691 174 1,865 2,730
UC Santa Cruz 868 217 0 1,085

1. Pipeline
Projects
Total 1,559 391 1,865 3,815
ADUs 349 175 59 583
Vacant Residential
Land 5 11 138 154
Mission Street
Corridor 93 71 705 869
Ocean Street
Corridor 51 40 176 267
Soquel Avenue
Corridor 80 62 353 495
Water Street Corridor 28 23 172 223
River Street Corridor 12 9 201 222
Church 55 25 28 108
Downtown 26 21 312 359
Downtown
Expansion Plan Area 115 115 916 1,145
Other 0 3 29 32

2. Projected
Housing
Total 814 555 3,089 4,457

TOTAL UNIT
POTENTIAL 2,373 946 4,954 8,272 3. Buffer
Buffer Over RHNA 67% 33% 208% 121%

22.7 Table G-2: 6th Cycle RHNA Sites Inventory Analysis Mission Street
Corridor 48 36 219 303
Ocean Street
Corridor 96 32 106 234
Soquel Avenue
Corridor 40 32 120 192
Water Street
Corridor 12 9 38 59
River Street
Corridor 0 0 17 17
Downtown 139 52 210 401
South of Laurel
Area 141 111 320 572
Church Properties 32 26 76 134
Other In-Fill 270 32 8 310
Total 1,073 572 1,235 2,880

TOTAL UNIT
POTENTIAL 1,775 884 2,795 5,454 3. Buffer
Buffer Over
RHNA 25% 25% 74% 46%
Aside from pipeline projects with known affordability amounts, HCD prescribes set percentages of affordability (and only if the parcel is at least a half-acre in size or more). It must be reiterated that the affordability breakdown in the Sites Inventory is not necessarily correlated with what will get built or a projection of the City’s housing priorities but rather an output on paper based on HCD’s algorithms all jurisdictions must use. The unit counts by affordability are not allowed to consider the City’s Inclusionary Ordinance or the use of Density Bonus. While the percentage of Above Moderate Income units is higher than Very Low, Low, and Moderate, the affordable units created by the Above Moderate development through the Inclusionary Ordinance are not taken into account. These projections set by HCD also do not directly consider 100% affordable development that is often facilitated through the work of the City staff and non-profit partners, even though that work was successful in the Fifth Cycle Housing Element. For instance, during the Fifth Cycle Housing Element, out of the approximately 1,715 units counted towards RHNA, 910 (53%) were affordable. Thus, with the City’s Inclusionary Ordinance and with 100% affordable projects, more affordable units are expected than what is included in the table.

It is a noted State Prohousing Designation best practice that the Sites Inventory include units over the RHNA target to help ensure that RHNA targets can be met should some sites not develop. HCD recommends that the Sites Inventory includes a 15-30% buffer. The Lower Income Moderate Income Categories both have a 25% buffer over the RHNA target while Above Moderate has a buffer of 74%. These buffers are lower than the initial submittal, but they are still on the higher end of HCD’s recommended range.

There were several reasons for this decrease of units counted in the Sites Inventory during the review process. Some of it had to do with removing parcels that were no longer deemed suitable and removing pipeline projects that began construction or withdrew applications. However, the main two reasons were changes to how units were counted in the Downtown Plan Expansion area and on the University of California Santa Cruz (UCSC) campus. The first draft of the

22.8 Housing Element included the Downtown Plan Expansion area as a whole planning area rather than individual properties. Given uncertainty around the ultimate residential capacities associated with any rezoning of this area and the desire to not include any rezonings in the Housing Element, staff opted to take a more conservative approach and use the base densities of qualifying larger sites in this area for Sites Inventory calculations. This meant including 572 units as the South of Laurel Area, rather than the Council-supported total of 1,600 units as part of the anticipated rezoning or even the 1,047 units that represents the current base density for the whole area. Staff believe that this is a conservative estimate and that development in this area above this number of units will play an important role in meeting RHNA targets, both for the upcoming cycle and future ones.

Another area of reduced units was the UCSC campus. UCSC has two large new housing projects that will be developed during this Housing Element’s planning period. However, the Census Bureau deems dorms and student housing to be group housing, and group housing does not count towards units under Housing Element law. Housing on campus can only count towards RHNA if it is available to non-students, such as faculty apartments or couples’ units for graduate students.

The initial version of the Sites Inventory included more proposed campus housing, but further review by HCD determined that some units would not count. The City does want more student housing units to count as part of RHNA, so the Policy Chapter includes Objective 1.4c:

Communicate with HCD and State representatives to encourage the State to recognize nontraditional types of housing units for RHNA purposes.

HCD requires strong justification for inclusion of a site in the inventory and had several comments about the methodological aspects of the Sites Inventory that were also addressed through revisions. Just having the General Plan and Zoning in place to support redevelopment is insufficient for HCD to include the site on the inventory as one which is likely to redevelop in the next eight years. One comment was to provide a more detailed explanation of how sites were chosen based on suitability. This was described in greater detail on page G-21. Another comment was to further describe how the document arrived at its realistic housing capacity assumptions.

On page G-22, the document describes how the City uses Floor Area Ratios (FAR) found in the General Plan to control building size rather than density. There is no density requirement to determine the potential number of units on a given site, so it required staff to develop a density for those sites using the average size of a unit divided by the floor area allowed. This unit size was determined based on a 2021 study as part of the project to create objective standards for multifamily development. Once a maximum was reached, staff removed one floor of units from the amount in consideration of potential ground floor commercial and parking. Additional explanation of these methodologies satisfied HCD.

Only one comment remains from HCD, which was received on October 27, 2023. That HCD letter is attached and the attachment also includes the City’s response to that comment. It asked the City to provide additional analysis and local context as it relates to the development potential of non-vacant properties. Essentially, HCD wanted to better understand the local development trends that allow the City to assume housing development will happen, including on non-vacant sites. Several paragraphs of narrative and edits to tables in the Sites Inventory were made (see pages G-6 to G-9, G-22 to G-24, and G-32). Staff believes these additions satisfy HCD’s comment on the matter, and therefore, the draft Housing Element can be found in substantial compliance.

22.9 HCD requires strong justification for inclusion of a site in the inventory. Working with HCD, considering community feedback, and evaluating development trends allowed for significant refinement of the sites inventory over the past year. Sites in the inventory are expected to develop with housing in the near term. Undoubtedly, however, some sites listed on the inventory will not develop in the next eight years, and other sites that are not listed on the inventory will develop with housing over the next eight years. The latest version represents a more accurate inventory of sites with realistic and demonstrated development potential over the next eight years.

Safety Element Amendments
The Safety Element is another mandatory element of the General Plan. Recent state laws (SB 379, SB 1035, and SB 99) now require cities to address climate adaptation and resiliency in their Safety Elements through a vulnerability assessment or Local Hazard Mitigation Plan. These updates are triggered by a Housing Element Update. The goal of this work is to help identify any new information relating to flood and fire hazards, climate adaptation and resiliency strategies.

The Safety Element Amendments attachment includes the proposed amendments to the Safety Element in accordance with the provisions as part of the Housing Element update process.

Planning Commission November 16, 2023
This item was brought before the Planning Commission on November 16, 2023. The staff recommendation was that the Planning Commission recommend that Council adopt the proposed updates and find them covered under the environmental review. The Planning Commission proposed two minor clarifying text edits as part of a motion to support the staff recommendation.

These proposed changes are shown below, as well as in the attached Planning Commission Action Summary attachment.