Agenda packet — Santa Cruz City Council, March 12, 2024 (part 1 of 2)

CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060

CITY COUNCIL AGENDA
Regular Meeting - March 12, 2024
12:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:15 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC

HEARINGS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, March 11th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, March 10th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
March 12, 2024 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030. 12:00 PM
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Robert David Worel
2) Claimant: Sean M. Bergman
3) Claimant: Lisa Foster
Claims against the City of Santa Cruz

2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz County Superior Court Case No. 18CV03301)
March 12, 2024 City Council 3
Closed Session (continued)

3. Real Property Negotiations (Government Code §54956.8) 1) Property: 25 Municipal Wharf
APN: 007-341-01
Owner: Mark Gilbert dba Firefish
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Mark Gilbert Under Negotiation: Price, terms of payment, or both
2) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Debra Szecsei dba Vino Locale
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Debra Szecsei Under Negotiation: Price, terms of payment, or both
3) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Ana Wold and Josh Taylor dba Vino by the Sea, Inc.

City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ana Wold
Under Negotiation: Price, terms of payment, or both
4) Property: 110 Cedar Street
APN: 005-042-14
Owner: Paul and Kim, Inc. dba Mandarin Gourmet
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Paul Hui
Under Negotiation: Price, terms of payment, or both
5) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.

Under Negotiation: Price, terms of payment, or both
March 12, 2024 City Council 4
City Council
1:15 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Presentations
The below presentation #4 will be heard around 4:00 PM

4. Outgoing Delegation to Shingu

5. Parking for Hope Check Presentation

6. Santa Cruz Mountains Trail Stewardship 2023 Annual Report Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
March 12, 2024 City Council 5
Council Meeting Calendar

7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.

Consent Agenda

8. Resolution Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM) Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

9. Minutes of the February 27, 2024 City Council Meeting (CC) Motion to approve as submitted.

10. Authorization for Application and Acceptance of Prohousing Incentive Program Funds (CM)
Resolution authorizing the City Manager to apply for and accept the Prohousing Incentive Program Funds and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney, and to take any other actions necessary for implementation of the grant-funded project.

11. City of Santa Cruz: Local Hazard Mitigation and Climate Adaptation Plan Integration and Update - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $190,000 from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) fund to complete the Local Hazard Mitigation and Climate Adaptation Plan Integration and Update.

12. Resolution Requesting that the State of California Department of Transportation (CalTrans) Restrict Parking along State Highway 9 (CM/PR)
Resolution requesting that the State of California Department of Transportation (CalTrans) restrict parking along State Highway 9.

March 12, 2024 City Council 6
Consent Agenda (continued)

13. Proposed Expansion of Marine-Protected Areas, and Removal of OneMile Buoy (CN) Motion to:
1) Oppose, unless amended, the petition pending at the California Fish and Game Commission to modify the California Marine Protected Areas Network to enhance protections for California’s kelp forests; 2) Oppose the proposed action by the United States Coast Guard to remove the One-Mile Buoy; and
3) Direct the Mayor to convey the position of the City of Santa Cruz on these two items, to the appropriate legislative delegation, and to the California Fish and Game Commission, Marine Resources Committee.

14. Support for Establishing a Regional Program of All-Inclusive Care for the Elderly (PACE) to Provide High-Quality Health Care Services to LowIncome Seniors (CN) Motion to direct the Mayor to send a letter to the California Department of Health Care Services in support of GoldenPACE Health’s application to establish a regional Program of All-Inclusive Care for the Elderly (PACE) for Santa Cruz, San Benito, and Monterey Counties, as outlined in the agenda report.

15. Approve the Purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs) (FD)
Motion to:
1) Approve the purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages for a total cost of $191,776; and
2) Adopt a resolution to transfer $106,000 from the City of Santa Cruz Fire Department Public Safety Impact Fee Fund 217 into the FY 2024 budget to cover a portion of the purchase of the equipment, with the remainder allocated from Fire’s FY 2024 operating budget, and to authorize the appropriation of funds for the purchase of EKGs through the Santa Cruz County Emergency Medical Services Integration Authority (EMSIA).

March 12, 2024 City Council 7
Consent Agenda (continued)

16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to, based on staff recommendation:
1) Reject the claim of Robert David Worel;
2) Return as late, the claim of Sean M. Bergman; and
3) Deny application by Lisa Foster for leave to present a late claim.

17. University Tank No. 4 Replacement Project (c701505) – Approval of Plans and Specifications and Authorizing to Advertise for Bids and Award of Contract (WT)
Motion to:
1) Approve the plans and specifications for the University Tank No. 4 Replacement Project (c701505) and authorize staff to advertise for bids and the City Manager, or designee, is hereby authorized and directed to execute the contract in a form approved by the City Attorney and as authorized by Resolution No. NS-27,563; 2) Authorize the City Manager, or designee, to execute a Work Agreement and Grant of Easement and Agreement between the City of Santa Cruz and Regents of the University of California in a form approved by the City Attorney;
3) Find the University Tank No. 4 Replacement Project exempt under the California Environmental Quality Act and allow staff to file a formal Notice of Exemption; and
4) Authorize the Water Director to approve change orders for the University Tank No. 4 Replacement Project for amounts that are within the approved budget.

March 12, 2024 City Council 8
Consent Agenda (continued)

18. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-174-07, Owned by Shane M. Kavanagh and Cassondra T. Kavanagh (WT) Resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement, in a form approved by the City Attorney, between the City of Santa Cruz and Shane M. Kavanagh and Cassondra T. Kavanagh for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and two temporary easements on APN 072-174-07 for the Brackney Landslide Area Pipeline Risk Reduction Project.

End Consent Agenda
Public Hearings

19. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (ED)
Motion to:
1) Make initial funding recommendations for the 2024-2025 U.S.

Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME);
2) Amend the Citizen Participation Plan (CPP) to reflect the merger of the Community Programs Committee with the Health in All Policies Committee and amend the public input schedule for all HUD Plans; and 3) Draft and submit a letter to Congressman Panetta asking for support in the maintain funding levels for CDBG and HOME from Congress and authorize the City Manager to sign the letter.

March 12, 2024 City Council 9
Public Hearings (continued)

20. Citywide in the Coastal Zone (Application No. CP23-0176) – Appeal of the Planning Commission’s Approval of a Coastal Permit for Continued Implementation of the Oversized Vehicle Ordinance in the Coastal Zone, Initially Implemented Pursuant to Conditions of Approval of Coastal Development Permit (CDP) A-3-STC-22-0018 Approved by the California Coastal Commission. The appealed Planning Commission Approval: (1) Authorizes the City to Continue Implementation of Ordinance No. 2021-20, as Amended by Ordinance No. 2023-08 and Codified in Municipal Code Sections 10.04.065, 10.04.085, 10.04.104,

10.04.106, 10.04.165, 10.40.120, 10.41.060, and 16.19.070, Including, but not Limited to, Restrictions on Overnight Parking of Oversized Vehicles (“OVs”) and a Prohibition Against Parking of Unattached Trailers; (2) Provides for Continued Operation of the City’s Safe Parking Program; and (3) Accommodates Potential Future Minor Modifications to the City’s Safe Parking Program and OV Regulations, Including Potential Modifications to its OV Residential Parking Permit Program. Location: Throughout the Coastal Zone. CEQA: Not a project Pursuant to CEQA Section 15378; Statutory Exemptions, categorical exemptions, and general rule/common sense exemption. Applicant:

City of Santa Cruz. (PL)
Resolution to deny the appeal and uphold the Planning Commission’s acknowledgement of the environmental determination and approval of the Coastal Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.” General Business

21. Ordinance Amending Santa Cruz Municipal Code Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities (CA/PR)
Introduce for publication an ordinance amending Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities, of the Santa Cruz Municipal Code relating to City-owned parks and recreational facilities in response to amendments to Health and Safety Code section 115800.

March 12, 2024 City Council 10
General Business (continued)

22. Parks and Recreation FY 2023 Annual Report and FY 2024 Progress Update (PR)
Motion to accept the FY 2023 Parks and Recreation Annual Report and direct department staff to continue their evaluation of service levels, service offerings, and associated resources in the delivery of FY 2024 goals.

Adjournment
March 12, 2024 City Council 11

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – MARCH 12, 2024

23. Economic Development and Housing Department: 115 Coral Street Sublease Amendment - 2/20/24 (EDFYI 001)

24. Parks and Recreation Department: Update on Pogonip and Homeless Garden Project - 3/12/24 (PKFYI 079)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MARCH 12, 2024

25. Proclaiming the month of February 2024 as “Santa Cruz Black History Month,” with special recognition to the Santa Cruz NAACP, United Way and Chief Executive Officer Keisha Browder, and Black Health Matters Initiative, and encouraging all citizens to observe this month by acknowledging and learning the history and challenges faced by the Black community in Santa Cruz and paying tribute to supporting and engaging the many groups and leaders in the community for their contributions, strength, character, and perseverance, all of which enrich our lives.

26. Proclaiming March 1, 2024 as “Janice Bisgaard Day” and urging all citizens and her coworkers to join in thanking her for her years of service and recognizing her substantial contributions to the Public Works Department and to the smooth operation and safety of our community.

27. Proclaiming March 11, 2024 as “Arbor Day” and encouraging all citizens to join in recognizing the important work and contributions of the Cabrillo College Horticultural Program and the City of Santa Cruz Parks and Recreation Department and urging students and citizens to plant trees to offset climate change and enhance our local environment and natural world for our present and future generations.

March 12, 2024 City Council 12
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.

Council will make the appointments at a future meeting.

Commission for the Prevention of
Violence Against Women
One opening, to be appointed by
Councilmember Watkins.

County Latino Affairs Commission One opening – at-large nomination Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

5.1 5.2

5.3 5.4

5.5 6.1

6.2 6.3

6.4 6.5

6.6 6.7

6.8 6.9

6.10 6.11

6.12 6.13

6.14 6.15

6.16 6.17

6.18 6.19

6.20 6.21
Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public April 22/23
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 27
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 29 Council Chambers Budget Hearing
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public June 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public July 4
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public September 2
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 2/3
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 11/12
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 28
November 29
Rosh Hashanah (City observed - sundown to sundown)
November 12
October 8
October 22
City Hall Closure - Veteran's Day (observed)
Yom Kippur (City observed - sundown to sundown)
City Hall Closure - Labor Day
August 27
July 9 and 23 Meetings Cancelled - CITY COUNCIL DARK
City Hall Closure - Independence Day
City Hall Closure - Memorial Day
Passover (City observed - sundown to sundown)
August 13
March 26
May 14
April 9
April 30
June 11
May 28
City Council Meeting Calendar for 2024
November 26
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
June 25
September 10
September 24
City Hall Closure - Juneteenth
Please note: Meeting times are not final and are likely to change

7.1 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
City Council Meeting Calendar for 2024
Please note: Meeting times are not final and are likely to change Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 25/26
December 25
December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
Hanukkah (City observed - sundown to sundown)
December 10

7.2 City Council

AGENDA REPORT
DATE: 02/22/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

BACKGROUND: Storms in December 2022 and January 2023 caused significant flooding, infrastructure damage, and other storm impacts, including downed trees and impacts to persons experiencing homelessness. On January 4, 2023, the City Manager issued a “Proclamation of Existence of Local Emergency.”
DISCUSSION: Chapter 2.20 of the City of Santa Cruz Municipal Code, at Section 2.20.030, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, on January 4, 2023, the City Manager declared the existence of a local emergency in the City of Santa Cruz. The City Council ratified the emergency declaration by Resolution No. NS-30,085 at its January 10, 2023 regular meeting.

At its regular meetings on January 24, 2023, March 14, 2023, May 9, 2023, June 27, 2023, August 22, 2023, October 10, 2023, November 28, 2023, and January 23, 2024, the Council adopted Resolution Nos. NS-30,095, NS-30,116, NS-30,145, NS-30,166, NS-30,187, NS30,208, NS-30,239, and NS-30,274, further extending the declaration of emergency by 60 days.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2022 and January 2023 winter storms emergency by an additional 60 days, to May 11, 2024.

FISCAL IMPACT: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency).

8.1 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

8.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING

THE LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE DECEMBER 2022 AND JANUARY 2023 WINTER STORMS
WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 30 and 31st, 2022, the City of Santa Cruz experienced a major rain event (the "December 2022 Atmospheric River Winter Storm"); and WHEREAS, as a result of the December 2022 Atmospheric River Winter Storm, flooding, debris from trees, and mud impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached

22.1 feet. Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period; and WHEREAS, soil conditions in the City of Santa Cruz remain saturated as a result of the December 2022 Atmospheric River Winter Storm, and another powerful storm event occurred on January 4 and 5th, 2023, increasing flooding and other storm impacts, including downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and
WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023; and
WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the "Emergency Proclamation"); and
WHEREAS, at its January 10, 2023 meeting, the City Council adopted Resolution No.

NS-30,085 declaring the existence of a State of Emergency in connection with the December 2022 and January 2023 winter storms, confirming the January 4, 2023 Emergency Proclamation by the Director of Emergency Services; and WHEREAS, at its regular meetings on January 24, 2023, March 14, 2023, May 9, 2023, June 27, 2023, August 22, 2023, October 10, 2023, November 28, 2023, and January 23, 2024, the Council adopted Resolution Nos. NS-30,095, NS-30,116, NS-30,145, NS30,166, NS-30,187, NS-30,208, NS-30,239, and NS-30,274, further extending the declaration of emergency by 60 days; and

8.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, damage to City infrastructure from the December 2022 and January 2023 winter storms is extensive and as a result, the City’s emergency response to the December 2022 and January 2023 winter storms will likely be ongoing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution No. NS-30,095, on March 14, 2023 by Resolution No. NS30,116, on May 9, 2023 by Resolution No. NS-30,145, on June 27, 2023 by Resolution No.

NS-30,166, on August 22, 2023 by Resolution No. NS-30,187, on October 10, 2023 by Resolution No. NS-30,208, on November 28, 2023 by Resolution No. NS-30,239, and on January 23, 2024 by Resolution No. NS-30,274, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 12th day of March 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

8.4 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
February 27, 2024
2:00 PM
Mayor Keeley opened the City Council Closed Session at 2:02 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief of Police B. Escalante, Director of Economic Development and Housing B. Lipscomb, Director of Information Technology K. Morgan (via Zoom), Records Coordinator B. Inclan, Deputy City Clerk Administrator J. Wood.

At this time Mayor Keeley called for a moment of silence in honor of Loran "Butch" Baker and Elizabeth Butler.

Public Comment
Mayor Keeley opened the public comment period at 2:04 p.m. There were no speakers. Mayor Keeley closed the public comment period at 2:06 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from items 1.2 and 1.4, as it relates to her employment.

9.1 February 27, 2024 CITY COUNCIL MINUTES 6744
Closed Session

1. Real Property Negotiations (Government Code §54956.8) 1) Property: 1010 River Street (Colligan Theater)
APN: 008-661-13
Owner: Jewel Theater Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Julie James Under Negotiation: Price, terms of payment, or both
2) Property: 1520 K1 Pacific Ave (Kiosk)
APN: N/A – Right of Way
Owner: Tsegarede Embaye (dba NahNa Eritrean Foods)
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Tsegarede Embaye Under Negotiation: Price, terms of payment, or both
3) Property: 49-B Municipal Wharf
APN: 007-371-01
Owner: Olita’s Cantina & Grill, LLC
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Steve Elb
Under Negotiation: Price, terms of payment, or both
4) Property: 121 Soquel Avenue
APN: 005-081-51 (Portion)
Owner: Oswald, LLC dba Oswald
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Damani Thomas Under Negotiation: Price, terms of payment, or both
5) Property: 401 Upper Park Road
APN: 009-471-02 (Portion)
Owner: Dela Upper Park, Inc.

City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Tim and Jamie Loustalot Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

Councilmember Brunner recused herself from items 1.2 and 1.4.

9.2 February 27, 2024 CITY COUNCIL MINUTES 6745
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
February 27, 2024
2:20 PM
Call to Order – Mayor Keeley called the meeting to order at 2:20 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Director of Public Works N. Nguyen, Director of Planning and Community Development L. Butler (via Zoom), Chief of Fire R. Oatey (via Zoom), Chief People Officer S. De Leon (via Zoom), Deputy City Manager L. Murphy (via Zoom), Asset Manager D. McCormic, Superintendent of Parks T. Beck, Economic Development Manager R.

Unitt, Records Coordinator B. Inclan, Deputy City Clerk Administrator J.

Wood.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 2:22 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Unidentified person spoke regarding Santa Cruz being a sanctuary city, Measure L on the ballot, and Covid vaccines.

James Ewing spoke regarding legislation that was passed in New York and read a quote.

Penny Stinson spoke regarding issues with reserving the Friendship Garden at Harvey West Park due to homeless encampments.

9.3 February 27, 2024 CITY COUNCIL MINUTES 6746
Council took a break at 2:29 and returned at 2:34 p.m.

Oral Communications (continued)
Bradley Snyder spoke regarding a large plastic sheet located on the hill along N.

Pacific Avenue.

Caitlin spoke regarding a public safety training center proposed to be built at UC Santa Cruz.

Unidentified person spoke regarding the first amendment and the need for politicians to have thick skin, and the lack of shelters for homeless people.

Unidentified person spoke regarding homelessness and stated the City has stolen survival gear from homeless people.

At 2:42 p.m. Mayor Keeley closed Oral Communications.

Presentations

2. Mayoral Proclamation Declaring February as Black History Month Councilmembers Watkins and Brunner read from and presented a proclamation to Elaine Johnson, President of Santa Cruz County’s National Association for the Advancement of Colored People (NAACP), declaring February as Black History Month.

3. Zero Emission Rail and Trail Project
Grace Blakeslee, Regional Transportation Commission Senior Transportation Planner, gave a presentation.

Councilmembers Brown, Brunner, and Kalantari-Johnson spoke.

Mayor Keeley opened the public comment period. The following people spoke:

James Ewing
Unidentified person
Mayor Keeley closed the public comment period.

Presiding Officer's Announcements

9.4 February 27, 2024 CITY COUNCIL MINUTES 6747
Statements of Disqualification – Councilmember Brown announced she would be recusing herself from item #8 as it is in close proximity to her residence.

Councilmember Brunner announced she would be recusing herself from item #7 as it relates to her employment.

Additions and Deletions – None.

City Attorney Report on Closed Session – See page 6744 for the report.

Council Meeting Calendar

4. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

Consent Agenda
Councilmember Newsome made a comment on items 7 and 8.

Councilmember Brown pulled item 9 for further discussion.

Councilmember Brunner made a comment on item 8.

Councilmember Kalantari-Johnson spoke regarding item 11.

Mayor Keeley opened the public comment period. The following people spoke:

James Ewing spoke regarding item 5.

Unidentified person spoke regarding item 7.

Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Newsome, to approve the remaining Consent Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown (with the exception of item 8), Watkins, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: Councilmember Brunner.

DISQUALIFIED: Councilmember Brown (item 8).

9.5 February 27, 2024 CITY COUNCIL MINUTES 6748
Consent Agenda (continued)

5. Minutes of the February 13, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

6. 119-123 Locust Street Purchase and Sale Agreement and Related Actions (ED) Resolution No. NS-30,293 was adopted authorizing the City Manager to enter into a Purchase and Sale Agreement for real property located at 119-123 Locust Street (APN 005-043-02) and execute any related documents, amendments, modifications, or extensions of a non-substantive or conforming nature, in a form approved by City Attorney, between the City of Santa Cruz and David Posner.

7. 1122 Pacific Avenue – Lease Agreement with Eco Leo LLC, (aka Dyane Villalobos) dba Childish Toy Shop (ED)
Motion carried to authorize and direct the City Manager to execute a Lease Agreement with Eco Leo LLC (aka Dyane Villalobos) dba Childish Toy Shop for the retail space located at 1122 Pacific Avenue, and to execute any documents, amendments, or modifications, of a non-substantive or conforming nature, and to assign and relocate premises, as needed, in a form approved by City Attorney.

8. State Affordable Housing Sustainable Communities Program Funding Application for the 136 River St 100% Affordable Housing Project (ED) Resolution No. NS-30,294 was adopted authorizing the City Manager to jointly apply for, accept, and appropriate any grant funds from the California Strategic Growth Council (SGC), if awarded, through the State Affordable Housing and Sustainable Communities Grant Program (AHSC); and, to authorize the City Manager or his designee to negotiate, execute, enter into, and deliver any necessary contracts, agreements, documents, amendments, in a form to be approved by the City Attorney; and take any other actions necessary to implement the grant-funded project, in an amount(s) not to exceed the grant award.

9.6 February 27, 2024 CITY COUNCIL MINUTES 6749
Consent Agenda (continued)

9. Coastal Conservancy Resilience Grant Program for the Santa Cruz Wharf Resilience Upgrades and Improvements Project and Related Actions (ED) Asset Manager D. McCormic spoke and responded to Council questions.

Superintendent of Parks T. Beck responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

James Ewing
Gillian Greensite
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,295 authorizing and directing staff to apply for and accept $6,893,700 in grant funds from the California Coastal Conservancy for the Santa Cruz Wharf Resilience Upgrades and Improvements Project; and, if awarded, authorizing the City Manager or his designee to appropriate funds not to exceed total project cost of $8,527,600, and to execute any agreements, documents, or project modifications necessary for acceptance and implementation of the grant.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

10. Professional Services Agreements for On-Call Landscape Architectural Services (PR)
Motion carried to approve and authorize the City Manager to execute Professional Services Agreements with Conger Moss Guillard (CMG), SWA Group (SWA), Royston, Hanamoto, Alley & Abey (RHAA), and Bionic Landscape, in a form approved by the City Attorney, for on-call landscape architectural services for an amount not to exceed $1,000,000 per vendor over a three-year term with an option to extend for an additional three years. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budget.

9.7 February 27, 2024 CITY COUNCIL MINUTES 6750
Consent Agenda (continued)

11. Neary Lagoon Security Fencing Project (m409688) – Notice of Completion (PW) Motion carried to accept the work of Abacherli Fence Company (Soquel, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Security Fencing Project (m409688).

End Consent Agenda
Public Hearings

12. 2nd Reading and Final Adoption Ordinance No. 2024-06 Amending Uncodified Ordinance No. 2022-16 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
Development Manager R. Unitt spoke and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
Bradley Snyder
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2024-06 amending uncodified Ordinance No. 2022-16 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from March 31, 2024 to May 31, 2025.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

9.8 February 27, 2024 CITY COUNCIL MINUTES 6751
Public Hearings (continued)

13. Joby Employment Incentive Loan Agreement (ED)
Director of Economic Development and Housing B. Lipscomb gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
George Kivork
Bradley Snyder
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, authorizing the City Manager to execute an Employment Incentive Loan Agreement and any non-substantive changes, in a form approved by the City Attorney, and other related documents, with Joby Aero, Inc. in an amount up to $500,000.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 4:42 p.m.

9.9 February 27, 2024 CITY COUNCIL MINUTES 6752
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

9.10 City Council

AGENDA REPORT
DATE: 02/22/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Manager
SUBJECT: Authorization for Application and Acceptance of Prohousing Incentive Program Funds (CM)
RECOMMENDATION: Resolution authorizing the City Manager to apply for and accept the Prohousing Incentive Program Funds and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney, and to take any other actions necessary for implementation of the grant-funded project.

BACKGROUND: In August of 2023 the City of Santa Cruz was honored with the prestigious Prohousing designation by the State Department of Housing and Community Development (Department/HCD). The significance of this is it will give the City priority consideration for various housing funding programs administered by Department/HCD. As such, Department/HCD recently released a grant opportunity through the Prohousing Incentive Program (Program).

The Program awards funds based on the Eligible Applicant’s Prohousing Designation Program Score (as codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). This round of program funding provides awards for Eligible Applicants to use towards planning and implementation activities related to housing and community development.

DISCUSSION: The City was recently awarded the Prohousing designation and is ranked 5th in the State. This designation and score will give the City a higher scoring opportunity for this particular grant.

The City is applying for a grant in the amount of $500,000. The proposal for the use of this grant will be a partnership with Community Action Board of Santa Cruz County, Inc. (CAB) to market and administer an Emergency Eviction Prevention Program/Rental Assistance Program. Grant funds will be used to assist with payment of past due rent. The emergency housing assistance will be paid directly to the landlord on behalf of the household.

The City and CAB previously partnered on a very similar program in 2022/2023 with the use of the California State Grant of $14 million. The funds for that program were in the amount of $150,000 and were quickly exhausted.

10.1 FISCAL IMPACT: If this grant is awarded, the funds will be used to provide much needed assistance to the most vulnerable in our community. There is no impact to the General Fund.

Prepared and Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

10.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS.

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS, The City of Santa Cruz desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation of activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of $9,483,402.17 for PIP;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

SECTION 1. The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $500,000;
SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Santa Cruz is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $500,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval.

The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

10.3 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 12th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

10.4 City Council

AGENDA REPORT
DATE: 02/20/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Manager
SUBJECT: City of Santa Cruz: Local Hazard Mitigation and Climate Adaptation Plan Integration and Update - Budget Adjustment (CM)
RECOMMENDATION: Resolution amending the FY 2024 budget for the use of $190,000 from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) fund to complete the Local Hazard Mitigation and Climate Adaptation Plan Integration and Update.

BACKGROUND: HMGP is authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and implemented in regulations at 44 Code of Federal Regulations §§ 206.430-440. HMGP ensures that state, local, tribal and territorial governments have the financial opportunity to plan for and implement mitigation measures that reduce the risk of loss of life and property from future natural disasters during the reconstruction process following a disaster. HMGP funding is available when authorized through a major disaster declaration. A governor, tribal chief executive, or equivalent, may request that HMGP funding be available to the state or territory that was affected by the declared disaster. Upon the declaration of a major disaster or an emergency, the governor or tribal chief executive and the FEMA regional administrator or designee shall execute a FEMA-State Agreement or FEMATribal Agreement. The Agreements state the understandings, commitments and conditions for assistance under which FEMA disaster assistance shall be provided.

On April 26, 2022, Resolution No. NS-29,965 was adopted authorizing the City Manager to apply for, accept, authorize and appropriate funds from California Governor’s Office of Emergency Services for the FEMA HMGPto complete the 5-year updates to the City’s Climate Adaptation Plan and Local Hazard Mitigation Plan. City staff worked with a grant writing firm to prepare and submit an application to update the City’s LHMP and integrate the Climate Adaptation Plan into the updated LHMP, in a way that reduces, or mitigates, future disaster losses in the community and complies with the latest FEMA requirements.

Pursuant to the attached award package, FEMA approved and issued $190,000 to be available in HMGP funds for the City of Santa Cruz project HMGP DR-4610-761-052P, “City of Santa Cruz: Local Hazard Mitigation & Climate Adaptation Plan Integration & Update” on December 18, 2023. The City is responsible for a $20,000 in matching funds. Of the total award, $10,000 is awarded to reimburse the City for its grant writer expenses to develop and submit the application, $10,000 for engagement, printing, advertising and other miscellaneous expenses and $170,000 to hire a qualified consultant to complete the planning process and deliverables.

11.1 DISCUSSION: The Disaster Mitigation Act of 2000 (DMA) requires local governments to adopt a federally approved Multi-Hazard Mitigation Plan in order to receive pre- and postdisaster mitigation funds from the FEMA HMGP. The DMA emphasizes planning for disasters before they occur.

The City developed and adopted its first Local Hazard Mitigation Plan in 2007 and subsequently adopted updated plans in 2012 and 2018. Similarly, the City developed and adopted its first Climate Adaptation Plan in 2012 and adopted an updated plan in 2018. Over 2023, the City completed substantial work to update both the 2018 LHMP and Climate Adaptation Plans but did not complete the effort due to resource and capacity constraints as it was awaiting a funding award from FEMA HMGP for consultant assistance. With the award of the FEMA HMGP grant, the City is now able to do so with the support of a qualified consultant and community input.

Because the 2018 LHMP’s certification expired on January 18, 2024, the combined update process is on an accelerated schedule for submission to California Governor's Office of Emergency Services (CalOES) and FEMA.

FISCAL IMPACT: To appropriate funds into project g102403 (Climate Adaptation Plan Integration) and complete this project and its scope of work, a budget adjustment (attached) approved by City Council is required.

FEMA is considering whether the City might provide the $20,000 matching funds as labor vs. cash. If FEMA allows the matching funds to be provided as labor, there will be no impact to the General Fund. If FEMA does not allow the matching funds to be provided as labor and instead requires a cash match, the City will budget the $20,000 in the FY 2025 budget from the General Fund. The current budget adjustment does not include the matching funds and, upon the FEMA decision, staff will take necessary action to appropriate the additional $20,000 if it is required.

Prepared By:

Tiffany Wise-West
Sustainability & Resiliency
Officer
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. AWARD PACKAGE FROM FEMA.PDF

11.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
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25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
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APPROVAL

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APPROVAL
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TOTAL EXPENDITURE

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Clear Form
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02/15/2024
The City of Santa Cruz received Hazard Mitigation Grant Program (HMGP) funds from the Federal Emergency Management Agency (FEMA) for Local Hazard Mitigation and Climate Adaptation Plan Integration and Update. The purpose of Budget Adjustment is to appropriate the awarded HMGP funds into the CMO budget under the Climate Action Program activity to fund consultants, meeting supplies and other miscellaneous expenses.
101-10-03-1217-43193 g102403-111-1155-0 CoSC Climate Adaptation Plan Integration 190,000 190,000
101-10-03-1217-52199 G102403-100-2020-249 Professional Services 180,000 G102403-100-2020-367 Printing 0
G102403-100-2020-414 Outreach 7,000
G102403-100-2020-015 Office Supplies 3,000
G102403-100-2020-0 Miscellaneous 0
190,000
0 Tiffany
Wise-West
Digitally signed by
Tiffany Wise-West
Date: 2024.02.16
15:34:04 -08'00'
Laura
Schmidt
Digitally signed by
Laura Schmidt
Date: 2024.02.16
15:53:20 -08'00'
Nicholas
Gong
Digitally signed by
Nicholas Gong
Date: 2024.02.26
09:09:16 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2024.02.29 06:45:28 -08'00'

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11.8 City Council

AGENDA REPORT
DATE: 02/22/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Manager
SUBJECT: Resolution Requesting that the State of California Department of Transportation (CalTrans) Restrict Parking along State Highway 9 (CM/PR)
RECOMMENDATION: Resolution requesting that the State of California Department of Transportation (CalTrans) restrict parking along State Highway 9.

BACKGROUND: Parks & Recreation and the City Manager’s Office staff recommend that the Council pass the enclosed proposed resolution, limiting parking on Highway 9, because parking in this area is contributing to a public nuisance.

More specifically, as stated in the enclosed proposed resolution, parked vehicles in this location have been associated with individuals walking on the side of the highway where there is limited visibility due to roadway curvature, narrow shoulders, and no lighting, therefore causing concern for public safety. Parking in this location has also been associated with entrenched and environmentally damaging vehicular and non-vehicular encampments, illegal drug sales and use, environmental degradation, fire hazards, individuals loitering on the side of the roadway and running across the roadway, abandoned vehicles, illegal littering and dumping, non-emergency vehicle repair activities, and other associated activities that are contrary to public health, safety, and welfare in the right-of-way and in open space areas immediately accessible from this location.

The City Council is generally authorized to restrict parking pursuant to Santa Cruz Municipal Code section 10.40.040(d), which provides, in relevant part, that “[n]o operator of any vehicle shall stop, stand, park, or leave standing such vehicle...[i]n any area established by resolution of the council as a no parking area...”
Because CalTrans owns and operates Highway 9, the resolution must be approved by CalTrans pursuant to Vehicle Code Section 22506, which provides, in relevant part, that local authorities may, by resolution, “prohibit or restrict the stopping, standing, or parking of vehicles on a state highway, in their respective jurisdictions, if the . . . resolution is first submitted to and approved in writing by the Department of Transportation”.

DISCUSSION: Parks & Recreation and City Manager's Office staff recommend that Council pass the proposed resolution in order to promote public health and safety and protect the City’s open spaces (Pogonip) which is adjacent to the proposed “No Parking” area.

12.1 The specific areas proposed to be designated as “No Parking” are described in the attached resolution, but they are generally both sides of Highway 9, from slightly North of Vernon St. to City-limits, with an exception for the Sycamore Grove Parking Area, which would be a 7PM7AM “No Parking” area.

Public works staff has already reached out to CalTrans, who have preliminarily approved of the proposed resolution and signage on Highway 9.

It is also worth noting that the County Board of Supervisors, in December of 2023, approved a similar item that aims to restrict parking along Highway 9 in the County’s jurisdiction.

FISCAL IMPACT: None.

Prepared By:

Tony Elliot
Director of Parks &
Recreation
Lisa Murphy
Deputy City Manager
Cassie Bronson
Assistant City Attorney
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. EXHIBIT A HIGHWAY 9 PARKING RESTRICTIONS MAP.PDF

12.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ REQUESTING

THAT THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) RESTRICT PARKING ALONG STATE HIGHWAY 9
WHEREAS, the State of California owns and is exclusively responsible for the control and maintenance of State Highway 9 and the property within its associated right-of-way; and WHEREAS, the City Council finds that vehicles parked along on both sides of State Highway 9 are contributing to a public nuisance. More specifically, parked vehicles in this location have been associated with individuals walking on the side of the highway where there is limited visibility due to roadway curvature, narrow shoulders, and no lighting, therefore causing concern for public safety. Parking in this location has also been associated with entrenched and environmentally damaging vehicular and non-vehicular encampments, illegal drug sales and use, environmental degradation, fire hazards, individuals loitering on the side of the roadway and running across the roadway, abandoned vehicles, illegal littering and dumping, non-emergency vehicle repair activities, and other associated activities that are contrary to public health, safety, and welfare in the right-of-way and in open space areas immediately accessible from this location; and
WHEREAS, in light of the issues discussed in this Resolution, the City desires to designate the east and west side of State Highway 9 (from Post Mile (“PM”) 0.61 to City limits located at PM 1.19) as “No Parking” areas, except that daytime parking will be allowed in the Sycamore Grove Parking Area, which is on the east side of State Highway 9 from PM 0.86 to PM 0.93.

Exhibit A, attached to and incorporated into this Resolution, shows the parking limitations that the City desires to enact; and
WHEREAS, Vehicle Code Section 22506 provides, in relevant part, that local authorities may, by resolution, “prohibit or restrict the stopping, standing, or parking of vehicles on a state highway, in their respective jurisdictions, if the . . . resolution is first submitted to and approved in writing by the Department of Transportation”; and
WHEREAS, Santa Cruz Municipal Code (“SCMC”) section 10.40.040(d) provides, in relevant part, that, with limited exceptions, “[n]o operator of any vehicle shall . . . park. . . such vehicle …. [i]n any area established by resolution of the council as a no parking area . . .”; and WHEREAS, California Vehicle Code authorizes a peace officer to remove a vehicle from the roadway that obstructs movement of traffic or where a resolution authorizes the removal of vehicles and signs are posted giving notice of such removal. (Veh. Code §§ 22651(b), 22651(n)); and
WHEREAS, on or around December 5, 2023, in response to the same issues occurring on adjacent property in the County, the County Board of Supervisors passed a Resolution, designating adjacent portions of Highway 9 as “No Parking” areas, subject to Caltrans approval.

12.3 RESOLUTION NO. NS-XX,XXX
2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
(1) Subject to Caltrans’ approval, the following areas of State Highway 9 are hereby designated as “NO PARKING ANY TIME” areas where parking a vehicle shall be prohibited 24 hours per day:
(a) The west side of State Highway 9 from PM 0.61 (approximately 415 feet north of the centerline of Vernon St.) to City-limits (located at approximately PM

1.19);
(b) The east side of State Highway 9 from PM 0.61 (approximately 415 feet north of the centerline of Vernon St.) to the southerly edge of the Sycamore Grove parking area (approximately PM 0.86); and
(c) The east side of State Highway 9 from the northerly edge of the Sycamore Grove parking area (approximately PM 0.93) to City-limits (approximately PM

1.19).
(2) Subject to Caltrans’ approval, the following area of State Highway 9 is hereby designated as a “NO PARKING” area where parking a vehicle shall be prohibited from 7 PM until 7 AM:
(a) the southerly edge of the Sycamore Grove parking area (approximately PM

0.86) to the northerly edge of the Sycamore Grove parking area (approximately PM 0.93).
(3) A true and accurate map, depicting the above-referenced parking prohibitions is attached as Exhibit A.
(4) City staff is directed to provide this resolution to Caltrans for its consideration, review, and approval.
(5) Upon approval by Caltrans, the City’s Public Works Department shall post and maintain the appropriate signage in the above-described areas of State Highway 9. (6) The Council intends that the City’s “No Parking” signage be contiguous with the “No Parking” signage in the County, and City staff shall cooperate with County staff and Caltrans to effectuate that intent.
(7) The City Council authorizes the removal of vehicles that do not comply with the aforementioned posted signage, and the signs shall give notice of such potential removal.

PASSED AND ADOPTED this Xth day of X, 202X by the following vote:

AYES:

NOES:

12.4 RESOLUTION NO. NS-XX,XXX
3 ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
________________, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

12.5 CITY OF SANTA CRUZ
STATE HIGHWAY 9

PROPOSED PARKING

RESTRICTIONS
N
1) NO PARKING ON THE
WEST SIDE OF SR 9 FROM PM

0.61 (APPROX 415 FT. NORTH

OF CENTERLINE OF VERNON
ST.) TO CITY LIMITS (APPROX
PM 1.19)
1 2
3 4
PM 0.61
PM 0.86
PM 0.93
PM 1.19
2) NO PARKING ON THE
EAST SIDE OF SR 9 FROM PM

0.61 (APPROX 415 FT. NORTH

OF CENTERLINE OF VERNON
ST.) TO SOUTHERLY EDGE OF

SYCAMORE GROVE PARKING
AREA (APPROX PM 0.86).
3) NO PARKING ON THE
EAST SIDE OF SR 9 FROM THE

NORTHERLY EDGE OF

SYCAMORE GROVE PARKING
AREA (APPROX PM 0.93) TO

CITY LIMITS (APPROX PM

1.19).
4) NO PARKING BETWEEN

SUNSET AND SUNRISE FROM

THE SOUTHERLY EDGE OF

SYCAMORE GROVE PARKING
AREA (APPROX PM 0.86) TO

THE NORTHERLY EDGE OF

SYCAMORE GROVE PARKING
AREA (APPROX PM 0.93).

LEGEND:

NO PARKING ANY TIME

RESTRICTED PARKING

CITY LIMITS

12.6 City Council

AGENDA REPORT
DATE: 03/07/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Council
SUBJECT: Proposed Expansion of Marine-Protected Areas, and Removal of One-Mile Buoy (CN)
RECOMMENDATION: Motion to:
1) Oppose, unless amended, the petition pending at the California Fish and Game Commission to modify the California Marine Protected Areas Network to enhance protections for California’s kelp forests;
2) Oppose the proposed action by the United States Coast Guard to remove the One-Mile Buoy; and
3) Direct the Mayor to convey the position of the City of Santa Cruz on these two items, to the appropriate legislative delegation, and to the California Fish and Game Commission, Marine Resources Committee.

BACKGROUND: Marine Protected Areas
The State of California adopted the Marine Life Protection Act (MLPA), the Marine Life Management Act (MLMA), and the California Ocean Science Trust Act (Cal-OST) in the early 2000’s. The impetus to do so was based on years of scientific research that indicated two things:
1) many, many fish species were in decline due to a variety of causes, including over-fishing, near-shore water pollution, and changes in fishing gear.; and, 2) existing Marine Protected Areas in place prior to the enactment of the above-referenced legislation, were deemed to be, in many cases, based on limited scientific information, and largely unenforced.

The enactment of the MLPA, MLMA, and Cal-OST has led to substantial increases in fish populations, enhanced habitat in the water column, and sustainability of marine life.

In 2023, a petition was submitted to the California Fish and Game Commission to modify the California Marine Protected Area Network to Enhance Protections for California’s Most Resilient Kelp Forests. A letter of support was authored by the Mayor on November 30, 2023 in support of the petition, insofar as it should be heard by the Fish and Game Commission.

DISCUSSION: The three authors of this City Council agenda item is a more specific response to the proposal to expand the MPA’s to include areas off of the Santa Cruz city and county

13.1 shores, for enhanced kelp forest protection. The authors of this agenda item believe that there has been little local scientific information submitted to the Fish and Game Commission to support the application. While the notion of protecting our important kelp forests is supported by the authors, evidence of the need to do so is, at a minimum, very limited. Therefore, we recommend that the City of Santa Cruz take the following position:

RECOMMENDATION 1: Oppose, unless amended, the Modification of the Proposed Expansion of the MPA’s at and near Natural Bridges State Marine Reserve; and, establishment of a new Marine Protected Area at or near Pleasure Point. The amendments which could make it possible to support these proposals should be provided by marine scientists at Long Marine Lab or other local marine science institutions, and any additional recommendations from local “citizen scientists” (local fishers and divers).

Removal of One-Mile Navigation Buoy by United States Coast Guard The One-Mile Buoy is an essential guide to navigation for sport, commercial, recreational and military vessels. This has been the case for decades. The buoy is one of the most critical instruments used by vessels to safely navigate near-shore coastal waters, and for safe entry to the Santa Cruz Small Craft Harbor.

Especially with the increase in intensity, duration, and frequency of major storms, this buoy is more important than ever.

In 2013, then-Congress Member Sam Farr and local marine conservationist Dan Haifley led a successful effort to thwart the USCG’s attempt to remove the buoy at that time. Nothing relative to the need for the buoy has changed, except to the degree that it is more useful and important to navigation than ever.

RECOMMENDATION 2: Oppose the removal of the One-Mile Buoy by United States Coast Guard.

Therefore, we recommend that the City Council take the following position relative to removal of the One-Mile Buoy: Oppose.

HEALTH IN ALL POLICIES: These recommendations are consistent with the City’s Health in All Policies, due to the importance of a working fishing sector that is providing sustainable seafood for our community; and because navigational safety leads to healthy outcomes.

FISCAL IMPACT: None.

Submitted By:

Fred Keeley
Mayor
Submitted By:

Renee Golder
Vice Mayor
Submitted By:

Shebreh Kalantari-Johnson
Councilmember
ATTACHMENTS:

None.

13.2 From: [email protected]
To: City Council
Subject: Agenda item 13, Proposed Expansion of Marine-Protected Areas Date: Monday, March 11, 2024 1:12:02 PM
Hello City Council Members:

Regarding Agenda item 13, we are opposed to the City Council sending the letter before you, in opposition to the Environment California Research and Policy Center petition to expand the State Marine Reserve at Natural Bridges and to establish a State Marine Reserve at Pleasure Point.

The technical report on Monitoring and Evaluation of Kelp Forest Ecosystems in the MLPA Marine Protected Area Network provides ample evidence that kelp forests in MPAs are healthier and more abundant than in adjacent unprotected areas throughout the state's coastlines. The fact that there is less data available for local kelp forest areas argues for the proposed expanded local MPAs.

In order to study this relationship, it is necessary to expand local MPAs to include existing healthy kelp forest areas to determine the factors that are influencing kelp forest health and expansion, so that future management plans and spatial priorities can be well informed and effective at accomplishing their objectives.

If there has been "little local scientific information submitted to the Fish and Game Commission to support the application," including "additional recommendations from local “citizen
scientists” (local fishers and divers), it is largely due to lack of public notice from the Santa Cruz City Council and the County Board of Supervisors. Santa Cruz Mayor Keely submitted a letter of support for the petition on November 30, 2023, with no public notice, nor any public discussion of his letter in City Council meetings. It is beyond irony that this plea for more opportunities for public engagement in this process appears in the Consent Agenda, where no meaningful public comment is possible.

Conclusion
Though your call for increased public consultation in state regulations affecting local ecosystems is commendable, this should not constitute opposition to the petition for increased protection of sensitive habitat areas.

Instead of opposition, acknowledge the need for protection of the marine environment, and strongly request that deliberations include timely opportunities for local participation and comment.

Michael A. Lewis, PhD
Jean Brocklebank

13.3 From: Bonnie Bush
To: City Council
Subject: Fwd: Comment submission for Petition to Modify CA Marine Protected Area Network to Enhance Protections for California’s Most Resilient Kelp Forests
Date: Monday, March 11, 2024 6:01:50 PM
Bonnie Bush
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831-420-5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

From: Jaima Jolin <[email protected]>
Date: March 11, 2024 at 3:40:42 PM PDT
To: Bonnie Bush <[email protected]>
Subject: Comment submission for Petition to Modify CA Marine Protected Area Network to Enhance Protections for California’s Most Resilient Kelp Forests
Dear President Sklar and Honorable Commissioners,
My name is Jaima Jolin and I am a local registered nurse and commercial fisherman. I am writing in opposition of the petition aimed to decrease fishing access around the pleasure point area, and expand the natural bridges marine preserve. This petition does not provide enough evidence to show that expanding the marine sanctuary to encompass these kelp beds will have a positive impact on our “highly resilient” kelp forests. This petition does not provide an objective goal as to what successful protection of these areas entails. This petition also does not provide an economic alternative regarding industry lost revenue for commercial fishermen. Furthermore, by continuing to restrict physical access to fisheries by creating boundary lines designating no fishing zones, the result actually creates higher and more concentrated fishing pressure between these restricted areas.

Sincerley,
Jaima Jolin

13.4 City Council

AGENDA REPORT
DATE: 03/05/2024
AGENDA OF: 03/12/2024
DEPARTMENT: City Council
SUBJECT: Support for Establishing a Regional Program of All-Inclusive Care for the Elderly (PACE) to Provide High-Quality Health Care Services to LowIncome Seniors (CN) RECOMMENDATION: Motion to direct the Mayor to send a letter to the California Department of Health Care Services in support of GoldenPACE Health’s application to establish a regional Program of All-Inclusive Care for the Elderly (PACE) for Santa Cruz, San Benito, and Monterey Counties, as outlined in the agenda report.

BACKGROUND: GoldenPACE Health is applying for funding from the California Department of Health Care Services to establish a regional Program of All-Inclusive Care for the Elderly (PACE) for Santa Cruz, San Benito, and Monterey Counties. PACE is a Medicare and Medicaid program that helps people meet their health care needs and enables them to remain in the community, instead of a nursing home or other care facility.

GoldenPACE Health's mission aligns with the city's goals of ensuring access to affordable and culturally competent health care services for all residents, particularly underserved populations.

GoldenPACE Health aims to address the pressing need for high-quality, affordable health care services for low-income seniors in our region. Their model of care, based on the Program of AllInclusive Care for the Elderly (PACE), emphasizes a high-touch, team-based approach to meet the complex health needs of community-dwelling seniors. With a focus on cultural competency and sensitivity to diverse communities, GoldenPACE Health seeks to bridge the gap between independent living and nursing home care for seniors in our area.

DISCUSSION: The rapid growth of the senior population in Santa Cruz County, coupled with a shortage of affordable care options, underscores the urgency of implementing innovative solutions like the PACE model. GoldenPACE Health's proposal offers a promising solution to this challenge by providing comprehensive, coordinated care that prioritizes the well-being of seniors and their caregivers.

GoldenPACE Health's expertise in PACE and commitment to serving traditionally underserved and rural communities make them well-suited to meet the needs of our residents. By bringing their model of care to Santa Cruz, San Benito, and Monterey Counties, GoldenPACE Health will fill a critical gap in our healthcare system and improve the quality of life for countless seniors and their families.

14.1 In Santa Cruz County, there is a significant and growing need for accessible and affordable health care services for low-income seniors. Many seniors in our community face barriers to accessing quality care, and GoldenPACE Health's proposal offers a much-needed solution to address this gap.

Health in All Policies
GoldenPACE Health’s model aligns with Health in All Policies, fostering equity and well-being by ensuring that all residents have access to the care they need to live healthy and fulfilling lives.

FISCAL IMPACT: None.

Submitted By:

Sandy Brown
Councilmember
Submitted By:

Renee Golder
Vice Mayor
ATTACHMENTS:

1. LETTER OF SUPPORT.DOCX

14.2 [Letterhead]
[Date]
Joseph Billingsley
California Department of Health Care Services
P.O. Box 997437; MS 0018
Sacramento, CA 95899
Re: Letter of Support for GoldenPACE Health
Dear Mr. Billingsley:

I am writing on behalf of the City of Santa Cruz to express our support for GoldenPACE Health’s application to establish a Program of All-Inclusive Care for the Elderly (PACE) services in our region.

GoldenPACE Health will bring high-quality, affordable health care services to low-income seniors in our region, with sensitivity and care for our diverse communities. GoldenPACE Health is driven by a mission to protect, promote, and enhance the quality of life for seniors and their caregivers in California's traditionally underserved and rural communities. They have the high level of cultural competency and the PACE expertise our communities need. PACE is renowned as a high-touch, team-based model of care, and considered the gold standard of care delivery for community-dwelling, nursing home-qualified seniors. GoldenPACE Health will bring this model of care to Santa Cruz, San Benito, and Monterey Counties, bridging a critical gap between living independently at home and entering a nursing home facility.

Due to the rapid and ongoing growth in our senior population and the shortage of high-quality, affordable care options to serve their complex health needs, the PACE model is well-positioned to serve and positively impact many eligible area residents and their caregivers. The City of Santa Cruz faces significant challenges in meeting the healthcare needs of its aging population, including access barriers, limited resources, and disparities in health outcomes among diverse communities. GoldenPACE Health's commitment to culturally competent care and their focus on traditionally underserved and rural areas aligns closely with our community's needs.

Studies have shown that PACE programs lead to improved health outcomes, reduced hospitalizations, and enhanced quality of life for participants. By bringing a PACE program to our region, GoldenPACE Health will not only address the immediate healthcare needs of our senior residents but also contribute to the overall well-being and vitality of our community.

We strongly support bringing this PACE program to our region and appreciate your consideration of this letter.

If you have any questions, please feel free to contact me at [insert preferred contact info].

14.3 Sincerely,
Fred Keeley, Mayor
City of Santa Cruz
cc: Alicia Rodriguez, Founder & CEO of GoldenPACE Health [[email protected]]

14.4 City Council

AGENDA REPORT
DATE: 02/22/2024
AGENDA OF: 03/12/2024
DEPARTMENT: Fire
SUBJECT: Approve the Purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs) (FD)
RECOMMENDATION: Motion to:
1) Approve the purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages for a total cost of $191,776; and 2) Adopt a resolution to transfer $106,000 from the City of Santa Cruz Fire Department Public Safety Impact Fee Fund 217 into the FY 2024 budget to cover a portion of the purchase of the equipment, with the remainder allocated from Fire’s FY 2024 operating budget, and to authorize the appropriation of funds for the purchase of EKGs through the Santa Cruz County Emergency Medical Services Integration Authority (EMSIA).

BACKGROUND: Purchase EKGs to replace obsolete models that will now be interchangeable with all EMS agencies countywide. Current models are no longer serviceable and parts are no longer available. EKGs are a critical medical device critical medical device that allows for the diagnoses of many common heart problems and are essential for life saving care for emergency medical response calls.

DISCUSSION: As part of the City’s purchasing processes, a single source may be authorized when a good or service needs to be procured timely without a formal process. After reviewing a single source justification from the Fire Chief, Purchasing has determined that the proposed purchase meets the definition of a single source and recommends Council approve the purchase.

FISCAL IMPACT: The purchase of EKGs will be funded through the transfer of $106,000 from the Public Safety Impact Fee Fund and allocating a portion of Fire’s FY 2024 operating budget.

Prepared By:

Megan Nutt
Principal Management
Analyst
Submitted By:

Rob Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

15.1 2. EMSIA PRICE QUOTATION.PDF

3. SINGLE SOURCE JUSITIFICATION – SANTA CRUZ COUNTY EMSIA.PDF

15.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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REQUESTED BY DEPARTMENT HEAD

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02/21/2024
Transfer $106,000 from from the Fire Department's Public Safety Impact Fee Fund 217-21-31-2207-46348 into the Fire Department FY24 budget 101-21-31-2202-57490 (Other Machinery and Equipment) for the purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages.

Additionally, transfer $68,000 from 101-21-30-2205-53119 (Medical Supplies) and $17,776 from 101-21-31-2202-54202 into 101-21-31-2202-57490 to cover the total purchase price of $191,776 for the EKGs. 101-00-00-0000-49183 p212404-993-0-0 From public safety impact fee fire fund 106,000 106,000
101-21-31-2202-54202 Equipment purchases - Non capital -17,776 101-21-30-2205-53119 Medical Supplies -68,000
217-00-00-0000-59101 To general fund from public safety impact fee fire fund 106,000 101-21-31-2202-57490 p212404-100-2020-0 Other machinery and equipment 191,776 212,000
-106,000
Kimberle
e Steele
Digitally signed by Kimberlee
Steele
DN: cn=Kimberlee Steele, o=Fire
Department, ou,
[email protected],
c=US
Date: 2024.02.22 09:07:04 -08'00'
Robert
Oatey
Digitally signed
by Robert Oatey
Date: 2024.02.22
09:26:09 -08'00'
Raudel
Mendoza
Digitally signed by
Raudel Mendoza
Date: 2024.02.27
10:26:03 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2024.02.29 06:50:49 -08'00'

15.3 EMSIA of Santa Cruz County
930 17th Avenue • Santa Cruz, CA 95062
(831) 479-6842 • (831) 479-6848 FAX
Santa Cruz Fire Department
7 LP-15s ($24,178.30 ea.)= $169,248.10
7 SP02 Sensors ($155.00 ea.) = $1085.00
7 Reuseable Infant Cuffs ( $14.95 ea.) = $104.65
7 Reusable Large Cuffs ($23.00 ea.) = $161.00
4 St. Charging Units ($1235 ea.) = $4940.00
Subtotal: $175,538.75
City of Santa Cruz Sales Tax: (9.25%) $16,237.33
Santa Cruz Fire Dept. Total: $191,776.08

15.4 MEMORANDUM
DATE: March, 5, 2024
TO: Elizabeth Millwee, Purchasing Manager
SUBJECT: Single Source Justification for Purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages.

As a long time member of the Santa Cruz County Emergency Medical Services Integration Authority (EMSIA), we participate in a variety of training and operational focuses in EMS that are integrated to achieve consistent and efficient outcomes among all the high performing participating departments. In order to accomplish this, many of the policies and procedures require equipment to be all of like makes and model to allow for ease of training and use across the county. In addition to the universal use between agencies on the emergency scene, there is also the need for restock that is inexpensive and seamless. This challenge is met by way of all agencies having the same equipment that this restocked and consistent among all participating agencies.

In addition to the shared resource among all county public safety agencies, these Electrocardiogram (EKG) /Defibrillator units are purchased for all agencies by American Medical Response (AMR) a global ambulance provider. Their global purchasing power, experience, reputation, and footprint allows them an account with Physio-Control to purchase these units at a reduced rate that no other agency in the county is able to achieve on their own or as the larger, Santa Cruz County EMSIA. As EMSIA members we have been exclusively extended the opportunity to purchase the LifePak EKGs through AMR. Our vendor Stryker has confirmed the discounted rate provided through EMSIA via AMR cannot be competed with even through our Sourcewell cooperative pricing agreement. The quote from EMSIA is for $191,776.08 and the quote from Stryker came in at $338,235.36. We have done our due diligence to vet this quote and are confident that this pricing is the best that we can achieve. The opportunity to purchase through AMR does not present itself often and as EMSIA members we are getting a reduced rate.

It is for these two reasons that the fire department is requesting a single source purchase for these heart monitors through the Santa Cruz County EMSIA. Please let me know if you have any further questions regarding this request.

Respectfully,
Robert Oatey
Fire Chief
Santa Cruz Fire Department
CC: Elizabeth Cabell, Finance Director

15.5 City Council

AGENDA REPORT
DATE: 02/15/2024
AGENDA OF: 03/12/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to, based on staff recommendation:
1) Reject the claim of Robert David Worel;
2) Return as late, the claim of Sean M. Bergman; and
3) Deny application by Lisa Foster for leave to present a late claim.

BACKGROUND: N/A.

DISCUSSION:

I. Claim to be rejected:

1. Claimant: Robert David Worel
Date of occurrence: 02/02/2024
Date of claim: 02/05/2024
Amount of claim: $549.00

Claimant seeks compensation for personal items allegedly damaged by City employee.

Self-Represented
II. Claim to be returned as late:

2. Claimant: Sean M.Bergman
Date of occurrence: 4/04/2023
Date of claim: 1/31/2024
Amount of claim: Unspecified
Claimant seeks compensation for personal items allegedly lost related to police incident.

Self-Represented

16.1 III. Denial of application for leave to present late claim:

3. Applicant: Lisa Foster
Date of Occurrence: 7/31/2022
Date of application requesting leave to present late claim: 1/31/24 Claimant seeks approval of application for leave to present late claim to the City of Santa Cruz related to a fall on a sidewalk.

Represented by legal counsel
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

16.2 City Council

AGENDA REPORT
DATE: 02/21/2024
AGENDA OF: 03/12/2024
DEPARTMENT: Water
SUBJECT: University Tank No. 4 Replacement Project (c701505) – Approval of Plans and Specifications and Authorizing to Advertise for Bids and Award of Contract (WT)
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the University Tank No. 4 Replacement Project (c701505) and authorize staff to advertise for bids and the City Manager, or designee, is hereby authorized and directed to execute the contract in a form approved by the City Attorney and as authorized by Resolution No. NS-27,563;
2) Authorize the City Manager, or designee, to execute a Work Agreement and Grant of Easement and Agreement between the City of Santa Cruz and Regents of the University of California in a form approved by the City Attorney;
3) Find the University Tank No. 4 Replacement Project exempt under the California Environmental Quality Act and allow staff to file a formal Notice of Exemption; and 4) Authorize the Water Director to approve change orders for the University Tank No. 4 Replacement Project for amounts that are within the approved budget.

BACKGROUND: The City of Santa Cruz Water Department implemented a Capital Improvement Program in 2010 to assess the integrity of the 14 water storage tanks in the water service area. Each tank evaluation results in a recommendation for either continued use, rehabilitation, or replacement. This program has already led to the rehabilitation of three steel tanks, the replacement of one tank, and the construction of two new concrete tanks at the Bay Street Tank site. Additionally, three new concrete tanks are under construction at the Graham Hill Water Treatment Plant.

The University Tank No. 4 (U4) is a 400,000-gallon, steel, water storage tank that was constructed in 1959 on property owned by the University of California, Santa Cruz (UCSC); APN 062-041-49. Located off Empire Grade, U4 is one of three in a series labeled “University,” which, in addition to serving potable water to UCSC, also serves portions of the west side of Santa Cruz and the north coast. Rehabilitation of the University Tank No. 2 was completed in 2012, and replacement of the University Tank No. 5 was completed in 2020. Recent evaluations of U4 in 2019 and 2020 indicate that the tank roof, shell (walls), and floor have areas of

17.1 corrosion, and several roof structural members are compromised. Furthermore, while the tank was designed to meet the standards of its time, it falls short of current structural design standards with regards to modern seismic design requirements. Following these assessments, a cost-benefit analysis found that replacing the tank, as opposed to rehabilitation, was the preferred approach.

DISCUSSION: The work performed under this project includes installation of a new maintenance tank and pressure management system, demolition and reconstruction of the U4 tank, and various site improvements (e.g., road overlay, drainage upgrades, and fire-resiliency improvements). Once construction is complete, a recurring 5-year inspection and maintenance program will commence to encourage tank longevity and overall system integrity.

The project is located on UCSC property that was provided to the City of Santa Cruz during construction of the original U4 tank. City staff and the City Attorney have worked directly with UCSC to develop a Work Agreement that addresses construction requirements, operation and maintenance obligations, and easements on the property.

This project is categorically exempt from the provisions of the California Environmental Quality Act under Section §15301 – Class 1 (Existing Facilities) and Section §15302 – Class 2 (Replacement or Reconstruction); a Notice of Exemption will be filed following City Council approval of the project.

Advertisement for bids will be at https://procurement.opengov.com/portal/santacruzca.

Health in All Policies (HiAP)
This project aligns with the public health pillar of the City’s HiAP initiative by supporting the Water Department’s work in ensuring the reliability of the public drinking water supply.

FISCAL IMPACT: The engineer’s construction estimate for this project is $4,470,000. This project is funded by a loan provided by the Water Infrastructure Finance and Innovation Act, a $1,000,000 Community Grant provided through Congressional Directed Spending, and Water Enterprise Fund 711. Appropriations will be added to the University Tank No. 4 Replacement Project, c701505, for each year’s planned expenditures as part of the annual Capital Investment Program budget process.

Prepared By:

Taylor Kihoi
Senior Professional Engineer
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT WORK AGREEMENT.PDF

2. DRAFT GRANT OF EASEMENT AND AGREEMENT.PDF

3. DRAFT NOTICE OF EXEMPTION.PDF
Project Plans and Specifications: https://www.cityofsantacruz.com/government/citydepartments/water/projects-in-your-neighborhood

17.2 Project Identifiers – Internal Office Use Only
RECS Identifier Number: ______
University Project Number (CruzFix#): ______________________________________________ Licensee Project Name, Number, Identifiers: _______________________________________________

WORK AGREEMENT
THIS WORK AGREEMENT ("Work Agreement"), dated as of the latest date of execution set forth below, is by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation ("University"), and the CITY OF SANTA CRUZ (“City”).

WHEREAS, the University is the owner of certain real property, as described and depicted on the attached and incorporated herein as Exhibit A (the “Premises”); WHEREAS, pursuant to a January 8, 1962 Agreement between the University and the City, , the University agreed to make water storage tank sites available to the City on areas of the University campus that were mutually acceptable to the City and University for water service to the University; WHEREAS, the City constructed various tanks on University property, including a steel 400,000-gallon potable water storage tank known as University Reservoir No. 4 (“U4 Tank”) as well as the University 6 Pump Station (“Pump Station 6”) on the Premises, serving the University campus and local nonUniversity customers; WHEREAS, the City and University hereby agree that the U4 Tank shall now be replaced including decommissioning and removing the existing U4 Tank, constructing a new in-kind steel 400,000- gallon storage U4 Tank on the existing foundation, as well as making pump control upgrades and fire hardening the roof of Pump Station 6, all on the Premises (the “Alterations”). The Alterations will include, but are not limited to, protecting water supply pumps while the main U4 Tank is being replaced by installing a 45,000-gallon maintenance tank; paving two road pullouts along the narrow quarter mile access road to allow small fire trucks and other vehicles to turn around; performing Premise maintenance work including replacing fencing and existing drainage infrastructure, installing a new curb and gutter, and minor resurfacing and repairs to the access road once construction is complete; and minor vegetation management for site access. Construction staging will occur at the Premises, on the Premises’ access road, at access road turnouts and other offsite locations.

NOW, THEREFORE, in consideration of each other’s mutual promises, the parties agree as follows:
1) Alterations. City shall perform all Alterations in accordance with the submitted and approved Plans and Specifications and the conditions of any applicable governmental approval. 2) Plans and Specifications, University Review, Costs, and Changes a) Prior to the commencement of any Alterations on the Premises, the University shall review and approve the City’s Plans and Specifications according to the schedule identified in paragraph 3(d), below.
b) “Plans and Specifications” Definition:
i. Planning Review. For the purpose of planning review, the “Plans and Specifications” shall include, but not be limited to: a narrative description of the proposed Alterations; scaled site and elevation plans; and technical memoranda. ii. Design Review. For the purpose of design review, the Plans and Specifications DRAFT

17.3 shall consist of the following: (A) draft construction documents depicting the proposed Alterations; (B) structural calculations for major Alterations, as deemed necessary by University; and (C) other information as requested in University’s “Notice to Proceed with Design” or as requested upon review of information submittal.
iii. City shall provide additional copies of the Plans and Specifications as requested by the University.
c) University Plans and Specifications Review Schedule:
i. The Parties agree that the following design and planning meetings as well as document submittals have already occurred between the Parties:

1. February 2022: Pre-design outreach meeting; City tank sizing memorandum to University.

2. February 2023: 30% design meeting.

3. March 2023: 30% design environmental compliance meeting.

4. April 2023: Field coordination meeting; City submitted 30% design drawings to University.

5. May 2023: City submitted a second tank sizing memorandum to University, as well as the 60% design drawings.

6. June 2023: City submitted a memorandum regarding stormwater compliance to University.

7. August 2023: City submitted its 90% design drawings to University. ii. Design Review. The University shall complete its Design Review of the Plans and Specifications within fourteen (14) business days of the City’s submittal of its 100% design drawings, which shall be considered the complete Plans and Specifications for the Alterations. University’s completed review shall include review from the Campus Building official and review from the Designated Campus Fire Marshall. Completed review shall also confirm that the Alterations’ Plans and Specifications provide for the maintenance of existing water service standards (including standard operating pressures and flow rates) both during construction and post-construction. Completed review shall also include inspection of the pertinent stormwater system plan. This review shall not include engineering design review. Within fourteen (14) business days of the City’s submittal of the complete Plans and Specifications, the University will provide its approval or disapproval of the Plans and Specifications through a Notice to Proceed with Construction and any requisite permits. d) At least fifteen (15) days prior to City's commencement of the Alterations, University and City, as well as City’s contractor, shall hold a pre-construction meeting to discuss access to the Premises, keys, parking, scheduling, inspections relating to real estate or easement area compliance, and additional information as needed.
e) City's construction of the Alterations shall commence upon receipt of a Notice to Proceed with Construction from the University. Notice to Proceed with Construction will not be provided until this Work Agreement between City and University is fully executed. f) During construction of the Alterations, the University agrees that its inspections shall be limited DRAFT

17.4 to review for permit compliance and not related to the water engineering work performed pursuant to the Plans and Specifications.
g) If the parties determine that the Plans and Specifications must be changed as a result of omissions or errors in the Plans and Specifications on the part of the City, then City shall, at City's cost, prepare and submit to University revised Plans and Specifications correcting any such omission or error. University shall approve or disapprove such revised Plans and Specifications within five (5) business days after receipt. If the Parties determine that the Plans and Specifications must be changed as a result of omissions or errors on the part of the University, then the cost to revise the Plans and Specifications and correct any such omission or error shall be borne by the University.
h) Both Parties understand that time is of the essence in completing construction of the Alterations. 3) Approval of Plans by Public Authorities. City shall obtain timely approval of the Plans and Specifications for the Alterations from all appropriate government agencies. City shall exercise due diligence in obtaining any such approval.
4) Quality of Work. All Alterations performed hereunder shall be done in a good and workmanlike manner, free from faults and defects and in accordance with the Plans and Specifications. All materials and equipment installed during City's construction of the Alterations shall be new unless otherwise specified in the Plans and Specifications. 5) Accordance with Plans and Specifications. All construction performed hereunder shall be performed in accordance with the Plans and Specifications, as approved by University, and City shall be responsible for ensuring the completed Alterations adhere to the Plans and Specifications regardless of any approval of deficient work by University. Should any deficiencies from the Plans and Specifications be discovered in the Alterations subsequent to its completion by City, City shall promptly commence to correct such deficiencies.
6) University-Owned Infrastructure on Premises. The Parties agree that the Premises include both existing City and University infrastructure. University infrastructure includes: backflow foundation and assembly, and 14” University service between Empire Grade and the backflow assembly (“University Infrastructure”). The Parties agree that the Alterations do not include any work to the University Infrastructure.
7) Accordance with Conditions of Approval. All construction performed hereunder shall be performed in accordance with the general conditions and other conditions of approval communicated to the City by the University . These conditions may be communicated by email to the following City designated representatives:
(1) City designated representative: Heidi Luckenbach, [email protected], 831-420-5214 (2) City designated representative: Taylor Kihoi, [email protected], 831-420-5186 8) University's Access During Alterations. University shall have access to the Premises, including the DRAFT

17.5 University Infrastructure, during the City's construction of the Alterations at all reasonable times.

University agrees to comply with any construction-related safety requirements, access restrictions, and trainings in-effect during the construction and at the time of its visit. 9) Final Project Documents: Upon completion of the Alterations, City shall provide University with a complete set of Final Project Documents, which shall include the following: i) photos of the completed Alterations, ii) structural calculations if the Plans and Specifications changed as a result of a change order or a request for clarification or refinement, iii) copies of final approval of completed work from appropriate government agencies, iv) Unconditional Waiver and Release Upon Final Payment from all subcontractors, v) final construction documents showing the Alterations as built in electronic format (AutoCAD); and vi) revised Exhibits to the Agreement including but not limited to Description of the Premises; Description of the Permitted Use; Equipment Installation Plan; Description of Approved Equipment; and Hazardous Materials Used by City. Any further Alterations pursuant to this Work Agreement are contingent upon City complying with the requirements of this paragraph for past Alterations to the satisfaction of the University.
10) Final Inspection and Project Approval Checklist: Upon City's notice to University that the Alterations are complete, University will schedule a final construction inspection. Upon receipt of City's Final Project Documents per paragraph 9, University will complete the Project Approval Checklist and submit a signed copy to City as well as a Notice of Completion. 11) Indemnification by City. To the maximum extent allowed by law, City shall indemnify, defend and hold harmless University, University's consultants, representatives, consultants, their respective directors, officers, agents, and employees, and any person or entity working under any of them (hereinafter collectively "Indemnitees") from and against all claims, demands, actions, causes of action, obligations, costs, expenses, damages, interest, losses and liabilities caused, or asserted to have been caused, in whole or in part, by the obligations or performance of the Alterations by the City, City’s employees, subcontractors, or agents, except where caused by the negligence or willful misconduct of University. The Parties agree that the condition of the Premises, except for the University Infrastructure, and the Alterations, in whole or in part, will be in the control of City, its subcontractors, officers, agents and employees, or any person or entity under City during construction of the Alterations. The Parties agree that City shall only be liable for any damage to University Infrastructure related to the acts, omissions, obligations or performance under this Agreement by City, City’s employees, subcontractors, or agents, as well as any damage caused by the sole or active negligence, or willful misconduct of City. 12) Notices. All notices required or permitted shall be in writing and shall be delivered as follows:
a) If to City, to: City of Santa Cruz
i) Attention: Water Director
ii) Address: 212 Locust Street, Suite A
Santa Cruz, CA 95060
831-420-5200
[email protected]
DRAFT

17.6 iii) Site Reference:
b) If to University, to: University of California, Santa Cruz Attn: Real Estate and Contract Services
Mail Stop: RECS
1156 High Street
Santa Cruz, CA 95064
(831) 502-7099
[email protected]
With a copy to:

University of California, Santa Cruz
Attn: Project Manager, Physical Planning Development &
Operations – Engineering Services
1156 High Street
Santa Cruz, CA 95064
Project Manager: Oxo Slayer, [email protected]
13) Notice of Non-Responsibility. University may post such notices of non-responsibility as it reasonably deems appropriate in the Premises during the performance of the Alterations work provided for herein.
14) Responsibility for Damage. If City installs equipment in the Premises prior to completion of the Alterations hereunder, City shall bear the risk of loss to such equipment other than as a result of negligence or willful misconduct by University, its agent or contractors. 15) Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control. 16) Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
17) Counterparts. 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 eb accepted and valid as an original. 18) Warranty of Authority. 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.

DRAFT

17.7 IN WITNESS WHEREOF, the parties have executed this Work Agreement as of the latest date set forth below.

UNIVERSITY:

THE REGENTS OF THE UNIVERSITY

OF CALIFORNIA
By: __________________________
Title: ____________
Date: __________________________
CITY:

THE CITY OF SANTA CRUZ
By: __________________________
Title: ____________
Date: __________________________
DRAFT

17.8 Recording Requested By
and When Recorded Mail to:
______________________________________________________________________________ No recording fee pursuant to Government Code §6103
Parcel No. 062-041-49
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

GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT (the “Agreement”) is made this day of , 20 , by and between THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, a California public corporation (“University” or “Grantor”), and CITY OF SANTA CRUZ (“City” or “Grantee”). Grantee and Grantor are sometimes individually referred to herein as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, Grantor is the owner of certain real property located in the City of Santa Cruz, County of Santa Cruz, State of California, described in Exhibit “A”, attached hereto and incorporated herein in its entirety by this reference (the “Land”);
WHEREAS, Pursuant to prior agreements between the Grantor and Grantee, Grantee provides specified water services to Grantor. These prior agreements include, but are not limited to: (1) an agreement dated January 8, 1962, relating to the University’s selection of a campus site in Santa Cruz, pursuant to which the City agreed to make certain municipal services available to the DRAFT

17.9 University campus, including water services, and the University agreed to make water tank sites available to the City on portions of the Land (the “1962 Agreement”); and (2) an agreement dated February 8, 1965, providing specificity on, among other things, the water system and services to be provided to the University, including provision by the University of 0.77 acres of the Land to the City for the City’s development of “Reservoir No. 4” for the provision of water to the University campus (the “1965 Agreement”);
WHEREAS, Pursuant to the Parties’ agreements, the City developed and operated a 400,000 gallon water tank, or Reservoir No. 4 (“U4 Tank”), related water pump (“U6 Pump Station”), and related pipeline (“City Pipeline”) on the Land;
WHEREAS, On July 17, 1998, the parties entered into a Memorandum of Understanding wherein the City agreed to perform certain phased upgrades to City-owned water infrastructure at the University (the “1998 MOU”);
WHEREAS, The 1998 MOU specifically discussed replacing the U6 Pump Station and incorporates by reference the Carollo Report entitled “Water System Master Plan” dated August, 1996, attached as Table 1, which discussed replacing the U4 Tank as part of Phase I; WHEREAS, The University and City have not previously formalized permanent, perpetual and non-exclusive an easement for the area surrounding the U4 Tank, U6 Pump Station, and City Pipeline and now wish to do so;
WHEREAS, Grantee has requested that Grantor grant permanent, perpetual, and non-exclusive easement in portions of the Land for the U4 Tank, U6 Pump Station, and related infrastructure, including but not limited to an access road and the City Pipeline, as more fully described below; and
WHEREAS, Grantor is willing to grant the below-described easements to Grantee, subject to the terms and conditions set forth herein.

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:

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17.10 AGREEMENT

1. Easements Conveyed. Grantor hereby grants to Grantee the following interests in the Land:
a. A nonexclusive, permanent, and perpetual road utility easement for use of the U4 Site Access Road, including described and depicted shoulders and pull outs (collectively, the “Road Easement”), including the right to ingress and egress for the purposes of constructing, operating, inspecting, maintaining, repairing, and updating, and replacing the U4 Tank, the U6 Pump Station, and related appurtenances in connection with the City’s U4 Tank and U6 Pump Station, across, over, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 062-041-49 in the records of the Santa Cruz County Assessor and more particularly described in Exhibit “B” and depicted on Exhibit “C”, attached hereto and incorporated herein by reference;
b. A nonexclusive, permanent, and perpetual utility easement on the site of the U4 Tank and U6 Pump Station, including the related underground City Pipeline, stormwater infrastructure, and Chlorine Tablet Feeder building (collectively, the “Utility Easement”), including the right to ingress and egress for the sole purpose of constructing, operating, inspecting, maintaining, repairing, and updating, and replacing the U4 Tank, the U6 Pump Station, the Pipeline, Chlorine Tablet Feeder building, and related appurtenances, across, over, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Accessor’s Parcel No. 062-041-49 in the records of the Santa Cruz County Assessor and more particularly described in Exhibit “B” and depicted on Exhibit “C”; c. A non-exclusive, permanent, and perpetual 100-foot perimeter easement surrounding the Utility Easement ( the “Defensible Space Easement”), including the right to ingress and egress for the sole purpose of the City conducting defensible space management to protect the Utility Easement and its related infrastructure and appurtenances from fire, across, over, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Accessor’s Parcel No. 062-041-49 in the records of the Santa Cruz County Assessor and more particularly described in Exhibit “B” and depicted on Exhibit “C”; and
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17.11 d. A nonexclusive, permanent, and perpetual pipeline easement (the “Pipeline Easement”), including the right to ingress and egress for the sole purpose of constructing, operating, maintaining, repairing, and updating, and replacing the City Pipeline across, over, and upon a portion of the real property located in unincorporated Santa Cruz County, California, identified as Accessor’s Parcel No. 062-041-49 in the records of the Santa Cruz County Assessor and more particularly described in Exhibit “B” and depicted on Exhibit “C”, attached hereto and incorporated herein by reference. e. Collectively, the Road Easement, Utility Easement, Defensible Space Easement, and Pipeline Easement are defined as the “Easements”, and their areas more fully described in Exhibit “B” and depicted on Exhibit “C” are defined as the “Easement Areas”.

2. Purpose. Grantor provides this grant of Easements to Grantee in furtherance of Grantee’s performance of its existing continuing obligations.

3. Grantee’s Rights. To accomplish the purposes of this Agreement, Grantor hereby grants and conveys the following rights to Grantee:
a. To implement Grantee’s U4 Tank Replacement Project (the “Project”), including but not limited to, Grantee’s efforts to apply for and obtain all licenses, permits, and approvals required for Grantee’s use of the Easements from all applicable governmental or regulatory entities, and to do those things on the Easement Areas that, in the reasonable opinion of Grantee, are necessary to permit, construct, implement, manage, operate, maintain, or reconstruct the Project, all at Grantee’s expense. Grantee acknowledges that any construction activity will be subject to a separate work agreement in form and substance acceptable to Grantor in its reasonable discretion. Grantor will, at no cost to Grantor, sign documents required for Grantee to obtain any and all Project approvals; To operate the U4 Tank, U6 Pump Station, City Pipeline, Chlorine Tablet Feeder building, and related infrastructure within the Easement Areas in order to provide water service to the University;
b. To prevent any activity or use of the Easement Areas that are not consistent with the rights expressly granted to Grantee herein, and to require Grantor to restore any damage to the Easement Areas to the extent directly caused by Grantor.

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17.12 c. To perform any necessary vegetation clearance within the Easement Areas, and specifically, within the Defensible Space Easement, to maintain a defensible space buffer for wildfire prevention, and to preserve the utility and use of the Easements; and d. The right to enforce by judicial enforcement, including without limitation, injunctive relief, declaratory relief and specific performance the terms and conditions of this Agreement.

4. University-Owned Infrastructure in Easement Areas. The Parties agree that the Easement Areas include University-owned and maintained infrastructure, including: the backflow foundation and related assembly and the 14” University service pipeline between Empire Grade and said backflow assembly (the “University Pipeline”) (collectively, the “University Infrastructure”). The University Infrastructure is more particularly described in Exhibit “D” and depicted on Exhibit “E”, attached hereto and incorporated herein by reference. The Parties agree that Grantee shall bear no responsibility for the operating, inspecting, maintaining, updating, or repairing University Infrastructure within the Easement Areas.

5. Maintenance of the Easement Areas.
a. Grantee agrees to maintain and update the following, at its sole cost and expense:
i. The Easement Areas, including any improvements constructed or installed on the Easement Areas by Grantee or associated with Grantee’s use of the Easement Areas, with the exception of the University Infrastructure. ii. The fence surrounding the Utility Easement.
iii. The gate at the Entrance of the Utility Easement.
iv. Repairing and repaving the Road Easement due to normal wear and tear and, in doing so, meeting any requirements imposed by the Santa Cruz Fire Department.
v. The City’s Pipeline.
b. Grantor agrees to maintain and update the following:
i. University Infrastructure within the Easement Areas. ii. Repairing, repaving, and redeveloping the Road Easement to the extent such work is required due to road improvements required by the University for either DRAFT

17.13 development purposes or expanded access to areas other than the Easement Areas.
iii. The University’s Pipeline.
iv. The hillside adjacent to the City’s Pipeline and University’s Pipeline, outside of the Pipeline Easement area.
v. Any planned future fuel breaks required to protect the Parties’ infrastructure, built outside of the Easement Areas.
c. The Parties agree to jointly maintain the following:
i. The Defensible Space Easement area as depicted on Exhibit “C.” ii. The Shared Infrastructure (as defined below).

6. Pipeline Easement, Specifically. The City Pipeline and University Pipeline share above ground concrete structural supports(the “Shared Infrastructure") throughout the Pipeline Easement area. Accordingly, the Parties agree that no repairs, maintenance, or alterations to the City Pipeline, University Pipeline, or Shared Infrastructure shall be made without prior advance notice to and approval from the other Party. Such approval of any repair, maintenance, or alteration work shall not be unreasonably withheld, conditioned, or delayed. Each Party further agrees that its use of the Pipeline Easement area shall not interfere with the other Party’s use of the area, including that no other utilities or services shall be attached to the Shared Infrastructure. The Parties agree that their rights associated with the Pipeline Easement and Shared Infrastructure shall not be assignable.

7. Prohibited Uses. Except as provided herein, any activity or use of the Easement Areas that would significantly and adversely interfere with Grantee’s rights hereunder is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor or its guests, agents, employees, or invitees are expressly prohibited within the Easement Areas:
a. Residential, commercial, retail, or industrial uses; b. Any legal or de facto division, subdivision, or partitioning of the Easement Areas; c. Construction or placement of any building, wireless tower, billboard, or any other structure or improvement within the Easement Areas;
d. Intentionally dumping or storing soil, trash, refuse, waste, biosolids, garbage, equipment, or any other material or supply;
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17.14 e. Creation of any encumbrance superior to these Easements 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 Easement Areas that Grantee determines, in its sole discretion, will affect Grantee’s use of the Easement Areas for the purposes of operating or maintaining the U4 Tank, U6 Pump Station, Chlorine Tablet Feeder building, and related infrastructure; and f. Any and all other activities or uses of the Easements that would adversely affect the realization of the purpose of this Agreement.

8. Reserved Rights. The Parties expressly acknowledge that this Agreement creates no restrictions on permitted uses and other activities undertaken on property adjacent to the Easement Areas. Grantor reserves all rights accruing from its ownership of the Easement Areas, including the right to engage in or to permit or invite others to engage in those uses of the Easement Areas that are authorized by and consistent with this Agreement.

9. Fee Ownership and Responsibilities.
a. Except to the extent provided otherwise in this Agreement, Grantor and its successors and assigns retain all responsibility and bear all costs related to the fee ownership of the Land, including the Easement Areas. Grantor agrees that Grantee shall not have any duty or responsibility for monitoring the hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Easement Areas, provided, however, that Grantee shall be fully responsible for conditions created by Grantee or its agents, employees, or invitees. b. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor, its officers, agents, and employees from and against any claims, damages, costs, expenses, or liabilities (collectively “Claims”) arising out of or in any way connected with this Agreement including, without limitation, Claims for loss or damage to any property, or for death or injury to any person or persons, but only in proportion to and to the extent that such Claims arise from the negligent or wrongful acts or omissions of Grantee, its officers, agents, or employees.

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17.15 c. To the fullest extent permitted by law, Grantor shall indemnify, defend and hold harmless Grantee, its officers, agents, and employees from and against any claims damages, costs, expenses or liabilities (collectively “Claims”) arising out of or in any way connected with this Agreement including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons, but only in proportion to and to the extent that such claims arise from the negligent or wrongful acts or omissions of Grantor, its officers, agents, or employees. d. No building or structure of any kind shall be constructed by Grantor on the Easement Areas, with the exception of the University Infrastructure, 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. Subject to the foregoing, Grantor hereby reserves all uses not in conflict with Grantee’s use of the Easement Areas identified herein.
e. With prior Grantor approval, 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, including the University Infrastructure, on the Easement Areas proximately caused by an act or omission of Grantee, its employees, agents, invitees, contractors, or subcontractors.

10. Existing Encumbrances. The Easements are subject to any and all recorded liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Land. The use of the word “grant” shall not imply any warranty on the part of Grantor with respect to the Easements or the Easement Area.

11. Grantee’s Obligations.
a. As consideration for the Easements herein granted, Grantee expressly covenants and agrees that its use of the Easement Areas shall be limited to the uses specified in this Agreement and for no other purpose whatsoever. Any activities in or uses of the Easement Areas by Grantee that are inconsistent with the specific uses specified in this Agreement are prohibited except for the lawful use of Hazardous Substances for the operation and maintenance of the City’s facilities as determined to be necessary by the DRAFT

17.16 Grantee including but not limited to applications of coatings to the facilities and the use of petroleum products to fuel equipment.
b. Grantee shall conduct all activities in the Easement Areas in a safe, prudent and professional manner.
c. Grantee’s use of the Easement Areas shall not interfere with the use, operation, and activities of Grantor on the Land, and Grantee shall use the Easement Areas so as to result in the least damage and inconvenience to Grantor or any of Grantor’s employees, agents, guests or visitors to the Land.
d. Grantee shall be responsible for any damage to the Land resulting from its exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore at its sole cost and expense to its original condition, reasonable wear and tear excepted, any of Grantor’s property, including, but not limited to , roads, utilities, and fences that may be altered, damaged or destroyed in connection with the Project or Grantee’s use of the Easement Areas.
e. Grantee shall not use, deposit or permit the use or deposit of any Hazardous Substance (as defined in Exhibit F attached hereto) in, on, or under the Easement Areas or elsewhere on any other real property of Grantor.

12. Mutual Obligations. Grantee and Grantor shall both comply, at their respective sole cost and expense in their use of and activities within the Easement Areas, with all applicable laws, statutes, ordinances, codes, rules, regulations, orders, and applicable judicial decisions or decrees, as presently existing and hereafter amended, including but not limited to all applicable regulatory, environmental and safety requirements, of any federal, state, county, city, local, or other governmental or quasi-governmental authority, entity or body (or any department, agency or other instrumentality thereof), exercising jurisdiction over the Easement Areas, and over the property and persons on the Easement Areas, including those of the University of California and the City of Santa Cruz, that are applicable to the Easement Area. (“Applicable Laws”). The Parties agree that prior to the commencement of construction within the Easement Areas, the Parties shall have entered into a Work Agreement in form and substance acceptable to Grantor in its reasonable discretion.

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17.17 Grantee and its agents and contractors shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Grantee at or for use in the Easement Areas, which claims are or may be secured by any mechanics’ or materialmen’s liens against the Easement Areas related to Grantee’s operation, maintenance, updates, or replacements of the Easement Areas. Grantee shall promptly cause the removal of any liens of any kind that may be placed against the Easement Area (or other portions of the Land) if caused or created by Grantee, its agents, representatives, contractors, or employees relating to the constructing, operating, inspecting, maintaining, updating and replacing of the City’s infrastructure within the Easement Areas, excepting therefrom any liens caused or created by Grantor or any other party. If Grantee or any of its agents or contractors shall, in good faith, contest the validity of any lien, claim or demand filed against the Easement Areas, then Grantee shall, at its sole cost and expense defend Grantor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Grantor or the Easement Areas. Grantor may require that Grantee or any of its agents or contractors furnish to Grantor a surety bond satisfactory to Grantor, in an amount equal to 150% of such contested lien claim or demand, indemnifying Grantor against liability for the same and holding the Easement Areas free from the effect of such lien or claim. In addition, Grantor may require Grantee to pay Grantor’s reasonable attorneys’ fees and costs in participating in any lien enforcement action if Grantor shall decide it is in its best interest to do so.

14. Environmental Considerations; Grant of Easement As-Is. a. Grantee shall not use, deposit or permit the use or deposit of any Hazardous Substance (as defined in subsection (d) below) in, on, or under the Easement Areas or elsewhere on any other real property of Grantor except for the lawful use of Hazardous Substances for the operation and maintenance of the City’s facilities as determined to be necessary by the Grantee including but not limited to applications of coatings to the facilities and the use of petroleum products to fuel equipment.
b. Promptly upon discovery thereof, Grantee will notify Grantor of the discovery of any release, discharge, or emission of any Hazardous Substances or of the existence of any other condition or occurrence on the Easement Area that may pose a significant hazard to human health and safety or to the environment (“Environmental Condition”), DRAFT

17.18 whether or not such discovery necessitates any report to any other person or governmental authority. Grantee will promptly notify Grantor of Grantee’s receipt of any notification from any governmental authority having jurisdiction over the Easement Area regarding any Environmental Condition on, in, under, or adjacent to the Easement Area or the compliance with, or failure to comply with, Applicable Laws by Grantee or any employee, agent, representative or contractor of Grantee. Grantee shall promptly respond to, remedy and remediate (by removal and proper disposal or such other methods as shall be reasonably required by Applicable Laws) to the satisfaction of applicable governmental authorities having jurisdiction any discharge or release of any Hazardous Substance caused by Grantee, or any of its contractors, or resulting from Grantee’s activities in the Easement Area, and shall immediately notify Grantor of any such release or discharge. For purposes of this Section ___, the term “respond” shall include, but not be limited to, the investigation of any Environmental Condition, the preparation of feasibility reports or remedial plans, and the performance of any cleanup, remediation, containment, maintenance, monitoring or restoration work. All actions taken by Grantee pursuant to this Section ___ shall be done in Grantee’s name, and at Grantee’s sole cost. Grantor shall have the right to participate in Grantee’s discussions with any regulatory agency regarding remedial activities undertaken by Grantee within the Easement Area or affecting the Easement Area or the Land. Any such actions taken by Grantee shall be performed in a good, safe, workmanlike manner and shall minimize any impact on the activities or operations of Grantor, its employees, agents, representatives, students, guests or invitees on the Land. Grantor disclaims the making of any representations or warranties, express or implied, by or on behalf of Grantor, or any employee, agent, or representative of Grantor regarding the Easement Areas or matters affecting the Easement Areas, including, without limitation, physical condition, title, soil condition, topography, subsurface conditions, Hazardous Substances or other environmental matters, and the use, fitness, value, or adequacy of the Easement Area for any particular purpose. Grantee, moreover, acknowledges that it has entered into this Easement Agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic and legal condition of the Easement Areas and that Grantee is not relying upon any representations and warranties DRAFT

17.19 made by Grantor or of any of Grantor’s agents, representatives, or employees, or anyone else acting or claiming to act on Grantor’s behalf concerning the Easement Area. Grantor hereby grants the easement to the Easement Area to Grantee in its “AsIs” condition, with all faults, and Grantee hereby assumes the risk that adverse physical, environmental, economic or legal conditions may not have been revealed by its investigations.
(c) Grantee shall indemnify, protect, defend (with counsel reasonably acceptable to Grantor) and hold Grantor, and any officer, director, employee, or agent of Grantor, free and harmless from and against any and all losses, claims, penalties, liability or costs (including court costs and attorney's fees) incurred by reason of any actual or asserted failure of Grantee to fully comply with all Applicable Laws related to the environment. For purposes of this Agreement, the term “Hazardous Substance” or “Hazardous Substances” shall mean and refer to any material or substance (i) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control law); (ii) defined as a “hazardous substance” under Section 26316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95, “Hazardous Substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (iv) petroleum, natural gas, or other petroleum product; (v) asbestos; (vi) polychlorinated biphenyls (PCBs); (vii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (viii) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 6903); (ix) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9602); (x) defined as a “hazardous DRAFT

17.20 waste” pursuant to the Resource Conservation and Recovery Act. 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6901); (xi) laboratory wastes; (xii) experimental products, including genetically engineered microbes; (xiii) medical waste as defined in the Medical Waste Management Act, div. 20, chap. 6.1 of the California Health and Safety Code, (xiv) radon gas, or (xv) found to be a pollutant, contaminant, hazardous waste or hazardous substance in any reported decision of a federal or California state court, or which may give rise to liability under any federal or California common law theory based on nuisance or strict liability.

15. Relocation. If, at any time, Grantor requires relocation of the U4 Tank, U6 Pump Station, the U4 Site Access Road, or the City Pipeline, Grantor shall pay for the cost of relocation of these improvements and Grantor shall provide any easements necessary on Grantor’s land, at no charge, to which and within which Grantee shall relocate these improvements so that it can continue to maintain existing services to the University. In the event Grantee requires relocation of the U4 Tank, U6 Pump Station, the U4 Site Access Road, or the City Pipeline, Grantee shall pay for the cost of relocation of these improvements.

16. Termination/Violation.
a. The Parties agree that Grantor shall have the right to automatically terminate this Agreement should the Grantee fail to use the Easements or the Easement Areas for a continuous period of 5 years or longer with the exception of Force Majeure events (“Termination Event”);
b. Upon the occurrence of a Termination Event, Grantor shall have the right to terminate this Agreement immediately upon delivery of written notice to Grantee. Upon such termination, any and all interest in the Easement Areas granted by this Agreement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion, and Grantee, having no legal access to its U4 Tank, U6 Pump Station, and pipeline and therefore prevented from operating, inspecting, maintaining, repairing and updating said infrastructure, shall be absolved from all legal and contractual liability for failure to do so.

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17.21 c. Notwithstanding the foregoing, Grantee shall, at Grantee’s sole cost and expense, no more than ninety (90) days after Grantor’s termination of the Easements, deliver to Grantor a properly executed and acknowledged quit-claim deed conveying all of Grantee’s rights and interest in and to the Easement Areas to Grantor, along with such other conveyances or instruments with respect to the Easement Areas as may be required in order for Grantor to clear title to the Easement Areas. d. On demand by Grantor, upon the termination of the Easements, Grantee shall promptly remove any and all improvements it installed in, on, under or above the Easement Areas. If any such improvements are not removed, Grantor may remove the improvements and charge Grantee for the reasonable costs of such removal. e. Upon failure of Grantee to perform any of its other obligations or observe any other covenant or undertaking required of it under this Agreement, Grantor shall provide Grantee with written notice of such failure specifying the action which Grantee must take to cure such failure. Grantee shall then have twenty (20) days from its receipt of said written notice to cure the failure. If the nature of Grantee’s obligation is such that more than twenty (20) days are required to cure the failure, then a failure to cure shall not be deemed to have occurred if Grantee commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. For any such failure to cure Grantor shall thereupon have the right to enforce the cure by judicial enforcement, including, without limitation, injunctive relief, declaratory relief and specific enforcement.

17. Taxes. Grantee alone shall pay all taxes, charges or use fee(s) levied by any governmental agency against Grantee’s interest in the Easement Areas or Grantee’s improvements, or against any of the Land solely as a result of the Easements herein granted.

18. Grantee, at its sole cost and expense and for the life of this Agreementshall insure or legally self-insure its activities in connection with this Agreement and obtain, keep in force and maintain the following types of insurance or self-insurance equivalents:
(a) Commercial Form General Liability Insurance;
(b) Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles;
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17.22 (c) Property, Fire and Extended Coverage Insurance in a minimum amount sufficient to reimburse Grantee for all of its equipment, trade fixtures, inventory, fixtures and other personal property located on the Easement Area including improvements hereinafter constructed or installed;
(d) Workers' Compensation as required by California law; and (e) Such other insurance against other insurable risks relating to performance which from time to time may be required by the mutual consent of Grantor and Grantee; (f) The foregoing insurance or self-insurance shall be in commercially reasonable minimum amounts to which the parties may reasonably agree over the indefinite life span of this Agreement.

The coverages referred to under a. and b. of this SectionE 16 shall include "THE REGENTS OF THE UNIVERSITY OF CALIFORNIA" as an additional insured. Grantee, upon the execution of this Agreement, shall from time to time furnish Grantor with certificates evidencing compliance with all requirements. Certificates shall provide for thirty (30) days (ten (10) days for non-payment of premium) advance written notice to Grantor of any material modification, change or cancellation of any of the above insurance coverages. The coverages required herein shall not limit the liability of Grantee.

19. No Foreign Control. Grantee represents and warrants to Grantor that the entity(ies) or individual(s) constituting Grantee, or which may own or control Grantee, or which may be owned or controlled by Grantee, or which may be an affiliate of Grantee, are not a Foreign Source, as defined in Section 117 of the Higher Education Act (HEA) of 1965. If, at any time while this Agreement is in effect, any such entity(ies) or individual(s) shall be deemed to be a Foreign Source, Grantee shall promptly notify Grantor of such fact and shall provide all relevant information required to be reported by Grantor under the HEA.

20. Entire Agreement. This Agreement, along with the attachments referenced herein, contain the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged.

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17.23 21. Counterparts. To facilitate execution, this instrument may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single document. It shall not be necessary in making proof of this document to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages.

22. Assignment. Each Party hereto agrees to not voluntarily or by operation of law assign, transfer, license, or otherwise transfer all or any part of its rights, duties, or interests in this Agreement without the other Party’s prior written consent, which may be granted or withheld in the other Party’s sole discretion. Any attempt to make an assignment in violation of this provision shall be null and void. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns, except as restricted by this Agreement.

(Signatures appear on following page)
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17.24 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

GRANTOR: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
By
Its ______________________________________________

GRANTEE: THE CITY OF SANTA CRUZ
By
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17.25 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

STATE OF CALIFORNIA, )
COUNTY OF _________________)
On before me, _______________________________________,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal) (Signature of Notary Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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17.26 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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17.27 EXHIBIT A
Description of Land
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17.28 EXHIBIT B
Description of Easement Areas
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17.29 G:\Docs\GIA\2022\G22009\U4_EASEMENTS_2023.docx Page 1 of 2

LEGAL DESCRIPTION
SITUATE in Rancho Refugio, County of Santa Cruz, State of California BEING an easement, 50.00 feet in width, over a portion of the lands conveyed to the Regents of the University of California, by Deed recorded December 3, 1961, in Book 1440 of Official Records at Page 45, Santa Cruz County Records, and lying 25 feet on each side of the following described centerline:

BEGINNING at a ½” iron pipe tagged LS 2362 now standing on the Western boundary of Empire Grade at the northerly terminus of the course “N 39° 00' W 79.61 feet” as shown on "Record of Survey Map of a part of Empire Grade through lands of Cowell", filed in Volume 32 of Maps, at

Page 100 ends

East, a distance of 30.00 feet to a point in the centerline of said Empire Grade as shown on said map; thence along said centerline, South 39°00'00" East, a distance of 79.61 feet to a point of curvature on said centerline; thence leaving said centerline, and along the tangent line of said curve, South 39° 00' East, a distance of 175.78 feet to a point on said Western boundary of Empire Grade, said point being the TRUE POINT OF BEGINNING, and from which the radius point of said centerline bears North 31° 37' 48" East, 530.00 feet distant; thence continuing along the tangent line of said curve, South 39°00'00" East, a distance of 46.83 feet to the centerline P.I. point as shown on said map; thence South 55°55'00" East, a distance of 37.40 feet to a point; thence South 28°30'00" East, a distance of 48.30 feet to a point; thence South 57°00'00" East, a distance of 153.24 feet to a point; thence South 32°00'00" East, a distance of 69.00 feet to a point; thence South 40°40'00" East, a distance of 154.00 feet to a point; thence South 16°30'00" East, a distance of 122.00 feet to a point; thence South 34°40'00" East, a distance of 142.00 feet to a point; thence South 29°10'00" East, a distance of 96.00 feet to a point; thence South 14°00'00" East, a distance of 107.00 feet to a point; thence South 25°00'00" East, a distance of

57.00 feet to a point; thence South 01°25'00" West, a distance of 193.50 feet to a point; thence South 27°48'00" East, a distance of 131.00 feet to the northwestern corner of a 0.753 acre portion of land known as the Utility Easement.

The sidelines of said strip of land shall be prolonged or shortened to terminate on the Western boundary of Empire Grade and the North and West boundaries of said Utility Easement.

SEE EXHIBIT 1, PAGE 2 OF 2, ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

PREPARED BY IFLAND SURVEY
JOB # G22009, FEBRUARY 10, 2024
DRAFT

17.30 DRAFT

17.31 EXHIBIT C
Depiction of Easement Areas
DRAFT

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LEGAL DESCRIPTION

SITUATE IN RANCHO REFUGIO, COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA BEING an easement over a portion of the lands conveyed to the Regents of the University of California, by Deed recorded December 3, 1961, in Book 1440 of Official Records at Page 45, Santa Cruz County Records, and more particularly bounded and described, as follows, to wit:

Page 100 ends

East, a distance of 30.00 feet to a point in the centerline of said Empire Grade as shown on said map; thence along said centerline, South 39°00'00" East, a distance of 79.61 feet to a point of curvature on said centerline; thence leaving said centerline, and along the tangent line of said curve, South 39° 00' East, a distance of 222.61 feet to the centerline P.I. point as shown on said map; thence South 55°55'00" East, a distance of 37.40 feet to a point; thence South 28°30'00" East, a distance of 48.30 feet to a point; thence South 57°00'00" East, a distance of 153.24 feet to a point; thence South 32°00'00" East, a distance of 69.00 feet to a point; thence South 40°40'00" East, a distance of 154.00 feet to a point; thence South 16°30'00" East, a distance of 122.00 feet to a point; thence South 34°40'00" East, a distance of 142.00 feet to a point; thence South 29°10'00" East, a distance of 96.00 feet to a point; thence South 14°00'00" East, a distance of 107.00 feet to a point; thence South 25°00'00" East, a distance of 57.00 feet to a point; thence South 01°25'00" West, a distance of 193.50 feet to a point; thence South 27°48'00" East, a distance of 131.00 feet to the TRUE POINT OF BEGINNING; thence due East, a distance of 160.00 feet; thence due South, a distance of 205.00 feet; thence due West, a distance of 160.00 feet; thence due North, a distance of 205.00 feet to the TRUE POINT OF BEGINNING.

And CONTAINING 32,800 sf (0.753 acres).

SEE EXHIBIT 2, PAGE 2 OF 2, ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

PREPARED BY IFLAND SURVEY
JOB # G22009, FEBRUARY 10, 2024
DRAFT

17.33 DRAFT

17.34 EXHIBIT D
Description of University Infrastructure
DRAFT

17.35 G:\Docs\GIA\2022\G22009\U4_EASEMENTS_2023.docx Page 1 of 2

LEGAL DESCRIPTION

Page 100 ends

East, a distance of 30.00 feet to a point in the centerline of said Empire Grade as shown on said map; thence along said centerline, South 39°00'00" East, a distance of 79.61 feet to a point of curvature on said centerline; thence leaving said centerline, and along the tangent line of said curve, South 39° 00' East, a distance of 222.61 feet to the centerline P.I. point as shown on said map; thence South 55°55'00" East, a distance of 37.40 feet to a point; thence South 28°30'00" East, a distance of 48.30 feet to a point; thence South 57°00'00" East, a distance of 153.24 feet to a point; thence South 32°00'00" East, a distance of 69.00 feet to a point; thence South 40°40'00" East, a distance of 154.00 feet to a point; thence South 16°30'00" East, a distance of 122.00 feet to a point; thence South 34°40'00" East, a distance of 142.00 feet to a point; thence South 29°10'00" East, a distance of 96.00 feet to a point; thence South 14°00'00" East, a distance of 107.00 feet to a point; thence South 25°00'00" East, a distance of 57.00 feet to a point; thence South 01°25'00" West, a distance of 193.50 feet to a point; thence South 27°48'00" East, a distance of 131.00 feet to a point; thence North 45°00'00" West, a distance of 70.71 feet to the TRUE POINT OF BEGINNING; thence due East, a distance of 260.00 feet; thence due South, a distance of 305.00 feet; thence due West, a distance of 260.00 feet; thence due North, a distance of 305.00 feet to the TRUE POINT OF BEGINNING.

And CONTAINING 79,300 sf (1.82 acres).

SEE EXHIBIT 2, PAGE 2 OF 2, ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

PREPARED BY IFLAND SURVEY
JOB # G22009, FEBRUARY 10, 2024
DRAFT

17.36 L
P!IJ lDF1LAND SURVEY JOB NO. G22009
- Surveying
SHEET NO. 2 OF 2
-Mapping-GPS CALCULATED BY GRI DATE 02L'.10L'.2024
4113 Scotts Valley Dr, Suite 102, Scotts Valley, CA 95066 Tel 831.426.7941 Fax 831.426.6266
SCALE:

POINT OF

BEGINNING
PER
N 39•oo·w
32 M 100

79.6�
EMPIRE

WESTERN
GRADE
SIDELINE __/
s 39•oo·oo"E 222.6

CENTERLINE PI
PER 32 M 100
NO.

L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L 11
L12
L13
L14

LINE DATA TABLE

BEARING LENGTH
S 39 ° 00 '00" E 79 . 61 '
S 55°
55'00" E 37.40
S 28°30'00" E 48.30
S 57°00'00" E 153.24
S 32°
00'00" E 69.00
S 40°40'00" E 154.00
S 16°30'00" E 122.00
S 34°40'00" E 142.00
S 29 ° 10' 00" E 96 . 00
S 14°00'00" E 107.00
S 25°
00'00" E 57.00
S 01°25'00" W 193.50
s 21•4a•oo" E 131.00
N 45°
00'00" W 70. 71'

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
( 1440 OlR 45 )
12/3/1961

TRUE POINT OF

BEGINNING

DEFENSIBLE

SPACE MENT
(1.82
EASE
AC)

GRAPHIC SCALE
200 0
�11111111 --
100
I
200 400
I
{ IN FEET )
1 inch = 200 ft.
1"=200'
Defensible Space
Easement
• FOUND 1 /2" IRON PIPE, LS 2362
PER 32 M 100
■ FOUND 6x6 CONCRETE MONUMENT
PER 32 M 100
,
DRAFT

17.37 EXHIBIT E
Depiction of University Infrastructure
DRAFT

17.38 G:\Docs\GIA\2022\G22009\U4_EASEMENTS_2023.docx Page 1 of 2

LEGAL DESCRIPTION
SITUATE in Rancho Refugio, County of Santa Cruz, State of California BEING an easement, 20.00 feet in width, over a portion of the lands conveyed to the Regents of the University of California, by Deed recorded December 3, 1961, in Book 1440 of Official Records at Page 45, Santa Cruz County Records, and lying 10 feet on each side of the following described centerline:

BEGINNING at the southerly terminus of the course “N 23° 37' W 50.25 feet” on the Western boundary of Empire Grade as shown on "Record of Survey Map of a part of Empire Grade through lands of Cowell", filed in Volume 32 of Maps, at Page 99, Santa Cruz County Records; thence southerly along said Western boundary of Empire Grade, on a tangent curve to the left, having a radius of 440.00 feet, through a central angle of 2° 20’, a distance of 17.92 feet and being the TRUE POINT OF BEGINNING and from which the radius point of said centerline bears Sotuh 68° 48' 00" East, 440.00 feet distant; thence North 19°03'00" West, a distance of 188.00 feet to a point on the South boundary of a 0.753 acre portion of land known as the Utility Easement, and from which the Southeast corner of said Utility Easement bears due East, a distance of 40.00 feet.

The sidelines of said strip of land shall be prolonged or shortened to terminate on the Western boundary of Empire Grade and the South boundary of said Utility Easement.

SEE EXHIBIT 3, PAGE 2 OF 2, ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

PREPARED BY IFLAND SURVEY
JOB # G22009, FEBRUARY 10, 2024
DRAFT

17.39 DRAFT

17.40 EXHIBIT F
“Hazardous Substance” Definition
a. “Hazardous Substance” or “Hazardous Substances” shall mean and refer to any material or substance (i) defined as a “hazardous waste,” “extremely hazardous waste”, “restricted hazardous waste”, “hazardous substance, “hazardous material” under then applicable state and federal laws or regulations. “Hazardous Substance” shall also include petroleum, natural gas, or other petroleum product; asbestos; polychlorinated biphenyls (PCBs) listed under or defined as “hazardous” or “extremely hazardous” under then applicable state or federal laws or regulations. “Hazardous Substance” shall also include laboratory wastes, experimental products, including genetically engineered microbes, medical waste, radon gas, or any other substance found to be a pollutant, contaminant, hazardous waste or hazardous substance in any reported decision of a federal or California state court, or which may give rise to liability under any federal or California common law theory based on nuisance or strict liability.

DRAFT

17.41 CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by that certain Grant of Easement and Agreement, dated as of , 20 , from the THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California public corporation (the “Grantor”) to the CITY OF SANTA CRUZ (the “Grantee”) is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to the authority conferred by Resolution No. NS 7013 of the City Council of Grantee 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 the Grantee consents to recordation thereof by its duly authorized officer.

DATED:

By:

Matt Huffaker, City Manager
Relates to a portion of APN: 051-741-11
DRAFT

17.42 FRM ENV-04 (Rev. 5/09)

CITY OF SANTA CRUZ
Notice of Exemption
To: Clerk of the Board Office of Planning and Research
County of Santa Cruz 1400 Tenth Street, Room 121
Governmental Center Sacramento, CA 95814
701 Ocean Street
Santa Cruz, CA 95060
From: City of Santa Cruz Water Department, 212 Locust Street, Suite C, Santa Cruz, CA 95060 Project Title: U4 Tank Replacement Project
Project Address: Empire Grade, between Heller Drive and Cave Gulch Assessor's Santa Cruz, CA 95060 Parcel No.: 062-041-49
City of: NA County of: Santa Cruz
Project Description: The City of Santa Cruz Water Department (SCWD) is proposing to replace the existing 400,000 gallon potable water steel storage tank known as University Reservoir No. 4 (U4 tank) that serves the University of California Santa Cruz (UCSC) campus and local westside City of Santa Cruz customers. The Project includes decommissioning and removal of the existing storage tank and construction of a new steel storage tank of the same capacity on the existing foundation. To meet system demands for the University and protect water supply pumps while the main reservoir is being replaced, a 45,000 gallon maintenance tank and a 1,500 gallon surge pressure vessel will be installed. The project also includes pump control upgrades and fire hardening of the roof of the U6 pump station which is located at the same site. Maintenance work at the site will include replacing fencing and existing drainage infrastructure, adding new level spreaders for each drainpipe, and installing new curb and gutter. Maintenance of the quarter mile access road will include minor resurfacing and repairs. Two road pullouts will be paved, and the full access road will be resurfaced once construction is complete. Minor vegetation management will be performed for site access. UCSC will provide an easement to the City for the facility and the City and UCSC will finalize a work agreement prior to construction.

Name of Person or Agency Carrying Out Project: City of Santa Cruz Water Department Name of Public Agency Approving Project: City of Santa Cruz Exempt Status: (check one)
Ministerial Project (Public Resources Code §21080(b)(1); 14 Cal Code Regs §15268).

X Categorically Exempt (14 Cal Code Regs §15301, §15302).

Declared Emergency (Public Resources Code §21080(b)(3); 14 Cal Code Regs §15269(a)).

Emergency Project (Public Resources Code §21080(b)(4); 14 Cal Code Regs §15269(b)(c)).

Statutory Exemption (Code/Section ___NA_______).

The project clearly will not have a significant effect on the environment (14 Cal Code Regs §15061(b)(3)).

Reasons why project is exempt:

This project is exempt per CEQA Guidelines Section §15301 – Class 1 (Existing Facilities) “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use.” It is also exempt per CEQA Guidelines Section §15302 – Class 2 (Replacement or Reconstruction) categorical exemption. This exemption “consists of replacement or reconstruction of existing structures and facilities where

17.43 FRM ENV-04 (Rev. 5/09)
the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.”
The Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) exemptions are applicable to the project because the U4 tank and U6 pump station are existing facilities, originally constructed in 1965, and this project will replace the U4 tank with a new tank of the same capacity, including required accessory structures for maintenance, and will restore and rehabilitate deteriorated facilities with negligible or no expansion of existing use.

The Project will result in the following:
• Replacement of U4 tank in the same location and with the same foundation, capacity, and function. • Replacement of underground piping.
• Fire hardening the U6 pump station roof and replacement of pumping control equipment.

The proposed project will also involve the construction of a maintenance tank and a surge pressure vessel within the facility’s developed area. The maintenance tank will allow the U4 tank to meet current industry standards of public health and safety and allow the City to maintain potable water service to UCSC during construction. The surge pressure vessel will provide protection from pressure spikes in the pipelines. The maintenance tank and surge pressure vessel are a negligible expansion of existing use needed to meet modern industry requirements.

Additional minor reconstruction and alterations include replacing fencing and drainage infrastructure, minor repairs and an overlay of the existing access road, and paving about 900 square feet of unpaved surfaces within the fenced facility and 1,300 square feet at two access road pullouts. The installation of a new curb, gutter, catch basins, and a level spreader for each drain pipe will improve site drainage. Except for the installation of level spreaders covering about 200 square feet, all work will be confined to previously disturbed areas. Vegetation management along the access road and adjacent to the facility will include overhead tree limbing for construction access.

Construction activities will be performed using best management practices. The City of Santa Cruz Operations and Maintenance Habitat Conservation Plan is applicable to the project, and the City will follow its provisions to protect flora and fauna and limit erosion from the site.

The exceptions included in CEQA Guidelines §15300.2 have been reviewed and none are applicable to the project. While the site is located within upland critical habitat for California red legged frog, this proposed project has been evaluated for its potential impacts to biological resources, and no aquatic resources, sensitive communities, or other sensitive biological resources (including but not limited to cave dwelling species, plants, amphibians, wood rats, bats, and nesting birds) are anticipated to be impacted by the proposed project.

Furthermore, no cumulative impacts or significant effects due to unusual circumstances are anticipated at the project site, and no impacts to scenic highways or historic resources will occur. The site is not included on any list compiled for hazardous waste sites.

Lead Agency
Contact Person: Heidi Luckenbach Phone: (831) 420-5214
Department: City of Santa Cruz Water Department Address: 212 Locust St., Suite C, Santa Cruz, CA 95060
Signature: Date:

Signed by Lead Agency

Title: Water Director Signed by Applicant
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received for filing at County Clerk:

Date Received for filing at OPR:

17.44 City Council

AGENDA REPORT
DATE: 02/21/2024
AGENDA OF: 03/12/2024
DEPARTMENT: Water
SUBJECT: Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-174-07, Owned by Shane M. Kavanagh and Cassondra T. Kavanagh (WT)
RECOMMENDATION: Resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement, in a form approved by the City Attorney, between the City of Santa Cruz and Shane M. Kavanagh and Cassondra T. Kavanagh for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and two temporary easements on APN 072-174-07 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 approximately

9.5 miles from the Loch Lomond Reservoir to the City’s Graham Hill Water Treatment Plant.

The Project will construct approximately 2,700-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 the end of its useful life, and relocate the pipeline so it is protected from future landslide and geological movements.

DISCUSSION: To complete the Project, the City must purchase easements on this property (APN 072-174-07) from its owners (Property). The property is an occupied lot in Ben Lomond, CA.

The City requires the Property outright so that it can construct and maintain the pipeline component of the Project, which will run the length of the Property. The title report indicates that the Property is owned by Shane M. Kavanagh and Cassondra T. Kavanagh (Owners).

18.1 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 Owner shown on the table below.

Owner Formal Offer
Letter
Presented
Date
Appraised (Just
Compensation)
Value ($)
Signed
Agreement Date
Shane M. Kavanagh and Cassondra
T. Kavanagh (APN 072-174-07)
1/18/24 $38,060 2/17/24
On 2/17/24, the parties reached an agreement on the sale and purchase of the Property for the value shown in the table above and outlined in the attachment (Purchase Agreement for APN 072-174-07).

FISCAL IMPACT: The total for this purchase sale agreement is $38,060. Funds are available in the Water Department Capital Investment Program, project c702002 for the Brackney Landslide Area Pipeline Risk Reduction Project.

Prepared By:

Lewis Kay
Engineering Associate
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR APN 072-174-07.DOC

2. PURCHASE AGREEMENT FOR APN 072-174-07.PDF

18.2 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 SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH FOR THE EASEMENTS LOCATED IN BEN LOMOND, CA NEAR HIGHWAY 9

BETWEEN GLEN ARBOR ROAD AND BRACKNEY ROAD FOR A PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS ON APN 072-174-07
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 Shane M. Kavanagh and Cassondra T. Kavanagh to purchase a permanent easement and two temporary easements 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 Easements, pertaining to certain property located on APN 072-174-07, from Shane M.

Kavanagh and Cassondra T. Kavanagh, upon the terms and conditions as set forth in said Easement Deeds as presented to this Council this date.

PASSED AND ADOPTED this 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

18.3 18.4
GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
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 Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, as joint tenants with right of survivorship (“Grantor”), 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 and two (2) Temporary Construction 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 7940 Fremont Avenue, Ben Lomond, California, identified as Assessor’s Parcel Number 072-174-07 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 7,447 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.
b. Two (2) Temporary Construction Easements (the “TCE”) in, on, and over a 11,669 in total 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 C and Exhibit D, attached hereto and incorporated herein by reference.

18.5 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
2 c. Permanent Easement and two (2) Temporary Construction Easements will be collectively referred to herein as “Easements”.

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 Easements to GRANTEE, and GRANTEE agrees to buy the Easements from GRANTOR, on the terms and conditions hereinafter set forth.

3. Purchase Price.
(A) The total purchase price of the Easements to be paid by GRANTEE is the sum of THIRTYEIGHT THOUSAND SIXTY DOLLARS AND NO CENTS ($38,060.00) (“Purchase Price”).
(B) The Parties acknowledge and agree that the total compensation to be paid by GRANTEE for the Easements is the Purchase Price, which amount is the full and complete acquisition cost based upon the fair market value of the 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 Easement Deeds are 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

18.6 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
3 interest vests in GRANTEE free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded) and taxes, except as follows:
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 E and incorporated herein by this reference (the “Permanent Easement Deed”), and the two (2) Temporary Construction Easements in substantially the form attached hereto as Exhibit F and Exhibit G and incorporated herein by this reference (the “Temporary Construction Easement Deeds”) (collectively, the Deeds”) duly executed and acknowledged by GRANTORS, granting and conveying the 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.

18.7 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
4 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.

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 Easements solely for the purpose of making inspections and other pre-construction examinations of the 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 Easements solely due to GRANTEE’s default, this license shall terminate upon the termination of Grantee’s right to

18.8 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
5 purchase the 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.

10. Warranties of GRANTOR(s).
a. The GRANTOR(s) warrants that they are the owner in fee simple of the Property affected by the 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 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 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 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 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 Easements and the Brackney Landslide Area Pipeline

18.9 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
6 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 Easement areas. 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 Easements by eminent domain litigation. The Purchase Price for the Easements and the other considerations set forth herein constitute a complete settlement of any and all rights of GRANTOR to compensation for the 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 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: Shane M. Kavanagh and
Cassondra T. Kavanagh
7940 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

18.10 GRANTOR: SHANE M. KAVANAGH AND CASSONDRA T. KAVANAGH, HUSBAND AND WIFE,

AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
PROJECT: Brackney Landslide Area Pipeline Risk Reduction Project PARCEL: 072-174-07
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 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.

18.11 18.12
9 EXHIBIT A
Property Legal Description
PARCEL I:

Being a part of Section 9, Township 10 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly bounded and described as follows, to-wit:

Beginning at an old 4 x 4 post at the most northern corner of Block 17 as shown on Map of "Subdivision of the Ordway Tract", filed in Volume 16 of Maps at Page 11, Santa Cruz County Records, from which post a spike in a 30" Redwood Tree bears North 3 °`33' East, 6.96 feet distant and a spike in the base of a Double Madrone tree bears South 57 ° 23' West, 30.08 feet distant; said post being on the southern boundary of lands conveyed to the Santa Cruz Land Title Company by Deed recorded in Volume 610 of Official Records at

Page 210 ends

said last mentioned lands, South 84 ° 06' East, 120.29 feet to a 3/8 inch iron pipe at the southwestern corner of Lot 4 in Block 1 as shown on said map of "Subdivision of the Ordway Tract", from which pipe a spike in a 15 inch Madrone tree bears 55 ° 00' East, 12.70 feet distant and a spike in a 15 inch Madrone Tree bears North 40 ° 11' West, 9.58 feet distant; thence along the southwestern boundary of Lots 3 and 2 in said Block 1, South 25 ° 22' East, 94.62 feet to an old 2 x 2 hub at the base of a Madrone tree at the northwestern corner of Lot 1 in said Block 1; thence along the southwestern boundary of said Lot 1, South 28 ° 33' East, 119.57 feet to a 3/8 inch iron pipe at the most southern corner thereof; thence due east 1.00 feet to a 1 inch iron pipe on the western boundary of Zayante Rancho; thence along said last mentioned boundary, South 0 ° 15' West, 228.57 feet to a 3/8 inch iron pipe on the northeastern boundary of lands of Clara E. and Lawrence W. Coffee described as Parcel 3 in Deed recorded in Volume 541 of Official Records at Page 203, Santa Cruz County Records as shown on Licensed Surveyor's Map of Lands of Clara E. Coffee filed in Volume 20 of Maps at

Page 62 ends

feet to a 1 inch iron pipe on the boundary of said first above mentioned Block 17; thence along said last mentioned boundary South 61 ° 22' East, 17.47 feet to an 1-1/2 inch iron pipe at the southeastern corner of said Block 17 from which a spike in a 16 inch Madrone tree bears South0 ° 30' West, 8.04 feet distant and from wihich a "W" in a 36 inch Fir tree bears North 41 ° 27' West, 46.55 feet distant; and from which a "W" in a 36 inch Redwood tree bears North 86 ° 06' East, 23.41 feet distant; thence along the northeastern boundary of said Block 17 North 27 ° 32' West, 365.19 feet to the place of beginning.

PARCEL II:

Being a portion 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 more particularly bounded and described as follows:

Beginning at a 4 x 4 post at the most northerly corner of the said Lot 9 in Block 17; thence South 27 ° 39' East, along the northeasterly boundary of the said Lot 9 a distance of 50 feet, more or less, to a station from which the most easterly corner of the said Lot 9 shall bear South 27 ° 39' East, along said northeasterly boundary 50 feet distant; thence southwesterly and parallel with the southeasterly boundary of said Lot 9 a distance of 25.85 feet, more or less, to the westerly boundary of said Lot 9 and thence North 0 ° 18' West, along said westerly boundary 56.25 feet to the place of beginning.

18.13 10
PARCEL III:

Being a part of the land described in deed to Santa Clara Land Title Company, a corporation, dated December 29, 1947 and recorded January 5, 1948 in Volume 610 of Official Records at Page 210, Santa Cruz County Records, and a portion of the land conveyed to Felton and Pescadero Railroad Company by Deed dated August 5, 1885 and recorded August 25, 1885 in Volume 47 of Deeds at Page 415, Santa Cruz County Records and designated as "S.P.R.R Right of Way 100" on 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, Apr. 1909, by Freirermuth & Price, Civil Eng'rs." filed for record in the Office of the County Recorder on May 5, 1909 in Map Book 16, Page 11, Santa Cruz County Records and described as follows:

Beginning at the Northeast corner of Lot 10, Block 16 as shown on said Map; thence along the northeasterly line of said Lot 10, South 23 ° 06' East, 16.27 feet to an angle; thence along the southwesterly line of said Southern Pacific Rail Road Company right of way, South 27 ° 39' East, 75.00 feet, a little more or less, to the northwest corner of land conveyed in Parcel One in Deed to Michael Albert King and wife by Deed dated November 4, 1953 and recorded November 10, 1953 in Volume 940, of Official Records at Page 77, Santa Cruz County Records; thence along the northerly lin of said Parce One, North 84 ° 06' East, 120.29 feet to the northeaset corner of said land of King; thence along the produced northeeasterly line of said line of King,North 27 ° 39' West, 100 feet, a little more or less, to the southern corner of Lot 1, Block 4 of said subdivision; thence along the southern corner of Lot 1, Block 4 of said subdivision; thence along the southwesterly line of said Lot 1, North 23 ° 06' West, 98.4 feet to the northwest corner of said Lot 1; thence Southwesterly in a direct line, 121 feet, a little more or less, to the point of beginning.

PARCEL IV:

Together with a righ of way 40.00 feet in width, the center line of which is the center line of said Southern Pacific Rail Road Right of Way extending from the produced northerly line of Oak Avenue, southeasterly to a point on the southerly line of the above described parcel of land.

PARCEL V:

Together with a road right of way 40 feet wide running from Glen Arbor Road to the northerly line of Oak Avenue, produced easterly the center line of said right of way being the centerling of the Southern Pacific Rail Road right of way, as shown upon the map entitled, "Subdivision of The Ordway Tract, being a portion of Sec. 9. t. 10S., R.2W., M.D.M., Surveyed for L.W. Coffee, April 1909, by Freiermuth and Price, Civil Engineers," filed for record May 5, 1909, in Map Book 16, Page 11, Santa Cruz County Records.

PARCEL VI:

Also a right of way over the easterly prolongation of Oak Avenue to a 40 foot right of way herein above described, as contained in the Deed from Santa Cruz Land Title Company, a corporation to M.A. King, et ux recorded June 18, 1965 in Book 1701 Page 184, Official Records of Santa Cruz County.

APN: 072-174-07

18.14 11

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

18.15 EXHIBIT “A”

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, by deed recorded on December 4, 2023, in Document #2023-0023152, 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 northwestern boundary of Parcel Three as described in said deed conveyed to John A. Urwin and Regina H. Urwin, said point having coordinates of N 1,852,768.20, E 6,100,524.32 and being the TRUE POINT OF BEGINNING; thence South 28°41'13" East, a distance of 406.27 feet, to a point on the western boundary of Rancho Zayante, having coordinates of N 1,852,411.80, E 6,100,719.34.

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 7,447 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 072-174-07
Prepared by: Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.16 18.17
12 EXHIBIT C
Temporary Construction Easement Legal Description & Plat Map (See attached)

18.18 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 Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, by deed recorded on December 4, 2023, in Document #2023-0023152, Official Records of Santa Cruz County, said portion described as follows:

COMMENCING at the northeastern corner of Lot 10 in Block 16 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, as said corner is shown on the Record of Survey map recorded on January 23, 2019 in Volume 128 of Maps at Page 33, Santa Cruz County Records, and having coordinates of N 1,852,718.29, E 6,100,461.23, and from which a ½” iron pipe at the northern corner of Lot 9 in Block 17 as shown on saidRecord of survey Map bears South 21°48'16" East, 16.27 feet, South 0°59'44" West, 85.00 feet (at 20.83 an iron pipe and at 35.00 feet an iron pipe) and North 76°11'39" East, 41.22 feet; thence along the easterly line of said Lot 10, South 21°48'16" East, 5.07 feet to the TRUE POINT OF BEGINNING; thence North 67°08'04" East, a distance of 32.46 feet, to a point having coordinates of N 1,852,726.20, E 6,100,493.02; thence South 27°47'45" East, a distance of 66.13 feet, to a point having coordinates of N 1,852,667.70, E 6,100,523.86; thence South 58°45'43" West, a distance of 34.23 feet, to a point on the southwesterly line of the S.P.R.R. Railroad right of way, being a direct line running from the northern corner of said Lot 9 to the angle point in the easterly line of said Lot 10, as the same are shown on said map entitled, "Subdivision of the Ordway Tract", said point having coordinates of N 1,852,649.94, E 6,100,494.59; thence along the last mentioned line, North 27°09'23" West, a distance of 59.84 feet, to said angle point in the easterly line of said Lot 10, and having coordinates of N 1,852,703.19, E 6,100,467.28; thence along the easterly line of said Lot 10, North 21°48'16" West, a distance of 11.20 feet, to the TRUE POINT OF BEGINNING.

CONTAINING 2,311 square feet, more or less.

EXCEPTING THEREFROM any portion thereof lying within the existing permanent easement as conveyed to the City of Santa Cruz.

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

END OF DESCRIPTION
APN 072-174-07
(P-03A) Prepared by:

Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.19 18.20
13 EXHIBIT D
Temporary Construction Easement Legal Description & Plat Map (See attached)

18.21 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 Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, by deed recorded on December 4, 2023, in Document #2023-0023152, Official Records of Santa Cruz County, said portion described as follows:

All that portion of Parcel One of said lands as described in said deed, lying southerly and westerly of the following described line:

BEGINNING at a point on the western boundary of Rancho Zayante from which a nail set in a scribed circle in a 5-foot diameter redwood stump on said western boundary bears South 1° 29’ 03” West, 633.31 feet distant, as said nail in tree is shown on Record of Survey map recorded in Volume 75 of Maps, Page 66, Santa Cruz County Records, and from which the southernmost corner of Lot 60 on the easterly line of a 100’ railroad right of way, as shown on the map of Subdivision No. 1 – Larita Woods, recorded in Volume 25 of Maps, Page 43, Santa Cruz County Records, bears North 50°14'03" West, a distance of 46.01 feet, said point of beginning having coordinates of N 1,852,323.70, E 6,100,717.06, thence North 32°38'55" West, a distance of 89.62 feet, to a point having coordinates of N 1,852,422.79, E 6,100,606.98; thence North 69°03'00" West, a distance of 66.10 feet, to a point on the northeasterly line of Lot 4 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 point having coordinates of N 1,852,2399.16, E 6,100,668.71, and from which a ½” iron pipe at the northern corner of Lot 9 in Block 17 as shown on said map bears North 26°14'16" West, 228.82 feet distant.

CONTAINING 9,358 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 072-174-07
(P-03D)
Prepared by: Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.22 18.23
14 EXHIBIT E
Permanent Pipeline Easement Deed
(See attached)

18.24 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-TO23000608
Escrow No.

Parcel No. 072-174-07
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) Shane M. Kavanagh and Cassondra T. Kavanagh, husband and wife, as joint tenants with right of survivorship (“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. 072-174-07 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.

18.25 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

18.26 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]

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

GRANTOR:

Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, as joint
tenants with right of survivorship
Date:___________________ By:______________________________ Shane M. Kavanagh
Date:___________________ By:______________________________ Cassondra T. Kavanagh
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

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

18.28 18.29

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 Shane M. Kavanagh and Cassondra T. Kavanagh, husband and wife, as joint tenants with right of survivorship (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: 072-174-07

18.30 Exhibit 1
Property Legal Description
PARCEL I:

Being a part of Section 9, Township 10 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly bounded and described as follows, to-wit:

Page 210 ends

Page 62 ends

PARCEL II:

18.31 PARCEL III:

PARCEL IV:

PARCEL V:

PARCEL VI:

APN: 072-174-07

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

18.33 EXHIBIT “A”

PERMANENT EASEMENT

LEGAL DESCRIPTION
SITUATE in County of Santa Cruz, State of California
BEING an easement over a portion of the lands conveyed to Shane M. Kavanagh and Cassondra T.

CONTAINING 7,447 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 072-174-07
Prepared by: Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.34 18.35
15 EXHIBIT F
Temporary Construction Easement
(See attached)

18.36 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. 072-174-07
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

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 2,311 square foot portion of Grantor’s Property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-174-07 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

18.37 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,

18.38 “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]

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

GRANTOR:

Shane M. Kavanagh and Cassondra
T. Kavanagh, husband and wife, as
joint tenants with right of survivorship
Date:___________________ By:______________________________ Shane M. Kavanagh
Date:___________________ By:______________________________ Cassondra T. Kavanagh
GRANTEE: CITY OF SANTA CRUZ, a public agency
Date:________________________ By:___________________________ Matt Huffaker
City Manager

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

18.40 18.41

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 Shane M. Kavanagh and Cassondra T. Kavanagh, husband and wife, as joint tenants with right of survivorship (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: 072-174-07

18.42 Exhibit 1
Property Legal Description
PARCEL I:

Being a part of Section 9, Township 10 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly bounded and described as follows, to-wit:

Page 210 ends

Page 62 ends

PARCEL II:

18.43 PARCEL III:

PARCEL IV:

PARCEL V:

PARCEL VI:

APN: 072-174-07

18.44 Exhibit 2
Temporary Construction Easement Legal Description and Plat Map (See attached)

18.45 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 Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, by deed recorded on December 4, 2023, in Document #2023-0023152, Official Records of Santa Cruz County, said portion described as follows:

CONTAINING 2,311 square feet, more or less.

EXCEPTING THEREFROM any portion thereof lying within the existing permanent easement as conveyed to the City of Santa Cruz.

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

END OF DESCRIPTION
APN 072-174-07
(P-03A) Prepared by:

Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.46 18.47
16 EXHIBIT G
Temporary Construction Easement
(See attached)

18.48 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. 072-174-07
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

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 approximate 9,358 square foot portion of Grantor’s Property located in unincorporated Santa Cruz County, California, identified as Assessor’s Parcel No. 072-174-07 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

18.49 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.

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

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

C. Grantor’s Obligations.

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.

18.50 “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.

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

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.

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

GRANTOR:

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

18.52 18.53

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__, Shane M. Kavanagh and Cassondra T. Kavanagh, husband and wife, as joint tenants with right of survivorship (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: 072-174-07

18.54 Exhibit 1
Property Legal Description
PARCEL I:

Being a part of Section 9, Township 10 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly bounded and described as follows, to-wit:

Page 210 ends

Page 62 ends

PARCEL II:

18.55 PARCEL III:

PARCEL IV:

PARCEL V:

PARCEL VI:

APN: 072-174-07

18.56 Exhibit 2
Temporary Construction Easement Legal Description and Plat Map (See attached)

18.57 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 Shane M. Kavanagh and Cassondra T.

Kavanagh, husband and wife, by deed recorded on December 4, 2023, in Document #2023-0023152, Official Records of Santa Cruz County, said portion described as follows:

All that portion of Parcel One of said lands as described in said deed, lying southerly and westerly of the following described line:

CONTAINING 9,358 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 072-174-07
(P-03D)
Prepared by: Gary Ifland, LS 7367
December 22, 2023
Job No. G20050

18.58 18.59
City Council

AGENDA REPORT
DATE: 02/22/2024
AGENDA OF: 03/12/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (ED) RECOMMENDATION: Motion to:
1) Make initial funding recommendations for the 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME); 2) Amend the Citizen Participation Plan (CPP) to reflect the merger of the Community Programs Committee with the Health in All Policies Committee and amend the public input schedule for all HUD Plans; and
3) Draft and submit a letter to Congressman Panetta asking for support in the maintain funding levels for CDBG and HOME from Congress and authorize the City Manager to sign the letter.

BACKGROUND: The City receives Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) entitlement funding annually from the U.S.

Department of Housing and Urban Development (HUD). To obtain these funds, the City must develop and adopt a five-year Consolidated Plan (CP) which identifies and analyzes strategies for addressing specific community needs. The five-year CP provides strategic direction for housing and community development activities carried out in the City. The City’s CP was prepared and submitted for approval to HUD’s Office of Community and Planning Development (CPD) in 2020. The CP covers Program Years 2020-2024 and this is Program Year (PY) 2024, and is the final year in the current CP.

Each PY, the City must approve an Annual Action Plan (AAP) specifying activities that will be undertaken during that PY and setting the annual budget by allocating funds from that year’s CDBG and HOME entitlements plus any unused or uncommitted funds from prior years or any program income (PI) received during the preceding year. A draft of the 2024-2025 AAP budget is provided as an attachment to this report. This draft is based on the CDBG and HOME application requests reviewed by the Health in All Policies Committee (HiAP) and the funding recommendations by the HiAP. The HiAP funding recommendations are summarized below in the CDBG Program and HOME Program Budget Recommendations sections.

19.1 Final allocations are usually provided by HUD to the City in March, barring delays from Congress. Estimates for CDBG and HOME funding under the 2024 AAP are based on last year's allocations and are subject to change depending on the final allocation. Final award amounts have not yet been provided by HUD, and all budget amounts are based on estimates.

Staff recommends the City Council make initial funding recommendations based on the draft budget and direct staff to draft the AAP. The AAP will be made available for a 30-day public review period, starting March 28, 2024. This AAP will be adopted and finalized at the second public hearing at the City Council meeting on April 30, 2024. Staff may update the AAP based on the outcome of the second public hearing and the AAP will be available for review and public comment for another 15 days before it is submitted to HUD. The draft AAP will be available for public review at the City’s Economic Development Offices located at 337 Locust Street and on the City’s website below. To meet the established HUD deadlines, the date of the upcoming public hearing and final awards cannot be pushed beyond the second public hearing scheduled for April 30, 2024.
https://www.cityofsantacruz.com/government/city-departments/economic-development/housingassistance-information/hud-programs/hud-consolidated-plan-documents

CDBG PROGRAM OVERVIEW
CDBG funds are used for a wide range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. Activities that can be funded with CDBG dollars include but are not limited to:
acquisition of real property, acquisition and construction of public works and facilities, reconstruction and rehabilitation of residential and nonresidential properties, and the provision of public services such as employment, food banks, crime prevention, childcare, health, drug abuse, education, and fair housing counseling. The primary beneficiaries of CDBG funded projects or programs must be very-low, low and moderate-income persons and households. Other beneficiaries of CDBG funded projects can include seniors, homeless persons and disabled adults. To oversee programs and projects using CDBG program funding, HUD sets the administration levels at 20% of the combined grant allocation plus program income (PI). This funding covers the City’s costs of administering the CDBG program.

As a requirement of receiving HUD CDBG funding, the City cannot have over 1.5 times its current program year allocation in unspent CDBG funds. If the City is in a state of noncompliance, HUD can reduce future CDBG funding allocations. Therefore, the City considers readiness when allocating funds to projects and programs and reallocates any unspent funds from prior years as necessary.

Additionally, HUD regulations also limit how CDBG funds are used for public service activities.

The City is not permitted to spend more than 15% of its annual grant allocation from HUD plus PI and funds available for reallocation in any PY on public service activities. In general, the City’s CDBG funded programs and projects must either benefit low-income areas (Area Benefit) or low-income individuals (Limited Clientele). To qualify under Area Benefit, an activity must be located in and serve a low-income neighborhood. Programs receiving funding under Limited Clientele requirements must document that at least 51% of their clientele are low-income. The City can spend above the 15% specifically when awarding funding to Community Based Development Organizations (CBDOs) that are located with a HUD approved Neighborhood

19.2 Revitalization Strategy Area (NRSA). To qualify as a CBDO, an organization must maintain a governing board of directors comprised of a mix of at least 51% of low-income residents, executive level entrepreneurs in the neighborhood and governing members of neighborhood groups. The City currently has one qualified CBDO – Nueva Vista Community Resources (Nueva Vista).

HOME PROGRAM OVERVIEW
HOME program funds are exclusively used to help provide housing for low-income households.

Funding assistance can be provided to: (1) help develop or rehabilitate income restricted housing units or (2) support programs that provide financial assistance directly to low-income renters or home buyers enabling them to access or retain housing. To oversee programs and projects using HOME program funding, HUD sets the administration levels at 10% of the combined grant allocation plus program income (PI).

Additionally, the City must set aside 15% of each grant to be used only by a Community Housing Development Organizations (CHDOs). The City currently has three qualified CHDOs – Habitat for Humanity Santa Cruz County, Mid-Peninsula the Farm, Inc., and Eden Housing Inc.

DISCUSSION: HEALTH IN ALL POLICIES ADDITIONAL DIRECTION TO STAFF At their regular meeting on February 20, 2024, HiAP directed staff to additionally perform the below listed items. Progress made towards each additional direction is also provided below.

1. To incorporate a letter to Congressman Panetta asking for support from Congress to maintain these funds. Per the HiAP direction, letter will be drafted and if directed by City Council at today’s Public Hearing, it will be sent to Congressman Panetta. The letter to Congressman Panetta will be to ask for support in passing a budget maintaining at least the funding levels from the prior year for CDBG and HOME.

2. Confirm whether Housing Economic Rights Advocates (HERA), CDBG Program applicant, is or has been affiliated with California Rural Legal Assistance (CRLA). Staff has reached out to HERA and learned that they are not affiliated with CRLA. HERA confirmed they are an independent organization that does work with legal aids statewide, including CRLA, and cross-refers when appropriate. They have jointly participated in workshops together previously.

CDBG PROGRAM BUDGET RECOMMENDATIONS (ALSO SEE ATTACHED PDF) As mentioned previously, the 2024-2025 HUD funding levels have not yet been provided to staff. The draft AAP budget includes estimates based on the actual grant amount awarded to the City last year. For the 2024-2025 PY, the City is estimating approximately $568,725 in CDBG funds from HUD. Combined with PI estimated at $25,000, the total CDBG budget is expected to be $593,725, with $118,745 of this budgeted for program administration costs.

The City is required to maintain prior rehabilitation programs’ debt servicing, so staff and HiAP recommend funding this at $5,000. The Housing Authority of Santa Cruz County (Housing Authority) administers the HOME Security Deposit Program for City residents and incurs certain delivery costs while administering the program, therefore staff and HiAP recommend the delivery costs be funded at $6,900. Staff and HiAP also recommend that the City fund CDBG

19.3 Public Services at the following levels: the Teen Center ($45,000), Second Harvest Food Bank ($25,000), Nueva Vista ($150,000), and Housing and Economic Rights Advocates ($12,500). As the funding recommendations are based on estimates, it is possible that not all of the programs could be funded at the full recommendation in the final AAP budget. If this is the case, staff will note these reductions in a revised AAP budget for the second public hearing on April 30, 2024.

The Teen Center is requesting the same amount of funding as they received in the prior program year, and they are also a previous CDBG program fund recipient. Second Harvest Food Bank is requesting $10,000 less than they received in the prior program year and they are also a previous CDBG program fund recipient. Housing and Economic Rights Advocates (HERA) is a new City of Santa Cruz CDBG applicant. Nueva Vista has requested an increase in funding of $25,000 from last year. If there is an increase in CDBG funding available for public services greater than the estimate, staff recommends increasing the funding equally between all public service programs subject to the 15% limit on public services.

The recommendations above would fund Public Services within the 15% cap set by HUD (currently estimated to be $85,450). The $150,000 awarded to Nueva Vista for Public Services can be excluded from this category due to their current status as a CBDO, which is why the City can fund this category for a total of $232,500.

Additionally, staff and HiAP recommend funding one Capital Investment Program (CIP) project application. The Boys and Girls Clubs of Santa Cruz County applied for $246,500 in funding to renovate the downtown clubhouse in order to continue to provide after school, summer camp, and enrichment programming year-round in a safe, effective and high-quality environment. The funding will replace a leaking skylight, gutters, downspouts, address water damage from the failing gutters, and improve storm drains which have clogged and flattened over time. This project will also address rust and moisture damage in the vicinity of the indoor pool area including replacement of an emergency exit door, three rusting exterior roll doors, upgrades to the ventilation system and windows, and address moisture damage to the ceiling. Staff and HiAP recommended $230,580 for this project at their February 20, 2024 meeting. The applicant has indicated the project could be phased and move forward with less funding than requested. If there is an increase in CDBG funding available for projects greater than the estimate, staff recommends increasing the funding award to this project not to exceed a total of $246,500. This project will be funded through a forgivable loan, meaning if the awardee meets certain performance measures during a 5-year performance period, the City will forgive the loan and convert it to a grant. This has been standard procedure for projects with outside agencies for nonresidential projects.

HOME PROGRAM BUDGET RECOMMENDATIONS
HOME program funding recommendations are divided into three categories: Program Administration (calculated by formula), ongoing City Programs, and HOME affordable housing projects which can receive residual receipts development loans. There will be an estimated approximately $490,440 available for allocation under the 2024-2025 HOME grant, and an additional estimated $100,000 of PI. There is also prior year funding of $1,291,076 from a loan repayment, bringing the total amount available to approximately $1,890,516. Similarly to the CDBG program, administration funding is set by HUD formula to 10% of the HUD grant plus estimated PI. This administration funding covers the City’s costs of administering the HOME program. As mentioned in the background section, HUD also restricts 15% of the grant to be used by CHDOs, which would be approximately $74,916 for this PY.

19.4 There is one City Program application, the HOME Security Deposit Program, which has been in existence since 1997 and has been funded by multiple sources over the years in partnership with the Housing Authority of the County of Santa Cruz. During this current PY, 8 families have been assisted so far. The Housing Authority has seen increases in prior program years and is anticipating the demand to continue for the next program year.

The City has received a funding request for the 100% Affordable Downtown Library & Affordable Housing Project for the 2024-2025 HOME funding cycle. Staff recommends funding the project with the CHDO set-aside funds referenced above and the remaining funds available for a HOME project for a total of $1,750,572 with a grant funded loan. When HOME funds are used for low interest loans, this helps ensure that the value will stay in the community and helps in the aim to leverage the dollars further (when the housing project has a cash flow in excess of what is needed for its annual operations, then the loans can begin to be repaid and can re-fund the HOME pot for future affordable housing).

CITIZEN PARTICIPATION PLAN UPDATE
The Citizen Participation Plan (CPP) is being updated to change the Amendment Process for Consolidated Plans and Annual Action Plans. Currently, the CPP states there is a 15-day comment period for amendments to CPs or AAPs, as this was allowed in prior years due to COVID-19 waivers provided by HUD. As per HUD’s Code of Federal Regulations (CFRs), an amendment to a CP or AAP must provide a 30-day public comment period (24 CFR 90). Also, the COVID-19 waiver period has concluded and waivers such as reduced public comment periods are currently not active. The CPP is being updated to reflect the 30-day requirement. The CPP is also being updated to clarify that a copy of the approved amendment will be submitted via HUD’s online system Integrated Disbursement and Information System (IDIS) as requested by HUD instead of being mailed to the San Francisco field office. These changes will be available for public comment beginning April 15, 2024, and will be provided to Council for public hearing on April 30, 2024.

Health in All Policies (HiAP) - Funding for the Public Service activities is consistent with the HiAP framework, especially the pillars of equity, and sustainability. The external CDBG Public Service programs help in the goal to invest in downtown and other local businesses.

Additionally, because the NRSA allows the City to fund public services at levels above the 15% cap, the City can provide additional funding to Nueva Vista, bringing additional funding to the City’s lowest income neighborhoods. The HOME program and project recommendations are also consistent with the HiAP framework, directly fulfilling the “Stable, Affordable Housing & Shelter” Collective of Results and Evidence-based (CORE) condition. Equity will be positively impacted with the creation of more affordable housing units for all members of the community as well as access to the HOME Security Deposit Program that helps individuals and households attain and retain housing.

FISCAL IMPACT: The recommended actions have no fiscal impact to the General Fund.

Approving the AAP budget and allocating funds is scheduled for Council action on April 30, 2024. The program and project costs will be funded by HUD. Final funding numbers will become available closer to the second Public Hearing pending Congress’s approval of the federal budget.

19.5 Prepared By:

Jessica Mellor
Principal Management
Analyst
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. 2024-2025 ACTION PLAN BUDGET.PDF

19.6 $568,725 2023-2024 CDBG Entitlement Grant (Estimate PY24) $25,000 Estimated 2024-2025 Program Income (PI)
$0 Prior Years' CDBG Funds Available for Reprogramming
$593,725 Total CDBG Program Budget
$118,745 City Program Administration Funding for CDBG (by formula) $474,980 CDBG Funding Available for Allocation
$499,440 2024-2025 HOME Program Entitlement Grant (Estimate PY24) $100,000 Estimated 2024-2025 Year Program Income (PI)
$1,291,076 Prior Years' HOME Funds Available for Reprogramming * $1,890,516 Total HOME 2024-2025 Grant
$59,944 City Program Administration Funding for HOME (by formula) $1,830,572 HOME Program Funding Available for Allocation

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
2024-2025 PROGRAM YEAR (PY) BUDGET

HOUSING & COMMUNITY DEVELOPMENT (HCD) PROGRAM

19.7 ADMINISTRATION (FORMULA: 20% of total Entitlement and Program Income) Activity: Grant Administration $118,745
Applicant: City of Santa Cruz (By Formula)
TOTAL ADMINISTRATION FUNDING AVAILABLE $118,745
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Rehabilitation Program Delivery Costs $5,000 $5,000 $5,000 Applicant: City of Santa Cruz
Activity: HOME Security Deposit Program Delivery Costs $6,900 Other funds $6,900 Applicant: Housing Authority of Santa Cruz County
TOTAL ONGOING CITY PROGRAMS $11,900
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Teen Center $45,000 $45,000 $45,000
Applicant: City of Santa Cruz
Activity: Food Banks $25,000 $35,000 $25,000
Applicant: Second Harvest Food Banks
Activity: Housing Stability Legal Services $12,500 $0 $12,500 Applicant: Housing and Economic Rights Advocates
TOTAL PUBLIC SERVICES SUBJECT TO 15% CAP $82,500
Activity: Nueva Vista & Beach Flats Community Centers (CBDO) $150,000 $125,000 $150,000 Applicant: Nueva Vista Resources
TOTAL PUBLIC SERVICE FUNDING (INCLUDING CBDO) $232,500
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Capital Improvements - Downtown Santa Cruz Clubhouse Applicant: Boys & Girls Clubs of Santa Cruz County $246,500 $0 $230,580 TOTAL PROJECTS FUNDING $230,580
GRAND TOTAL CDBG FUNDING $593,725
PUBLIC SERVICES (Subject to 15% CAP)*

CAPITAL IMPROVEMENT PROJECTS
* Public Services Cap is calculated by adding estimated allocation with actual received PI for prior program year

CITY PROGRAMS
$118,745
2024-25 PY CDBG BUDGET

CDBG PROGRAM BUDGET
2024-2025 PROGRAM YEAR

19.8 ADMINISTRATION (Formula: 10% of total Entitlement and Program Income) Activity: Grant Administration & Planning $59,944
Applicant: City of Santa Cruz Economic Development
TOTAL ADMINISTRATION $59,944
CITY PROGRAMS Requested
Funding
Recommended
Funding

TOTAL NEW HOME FUNDING
Activity: HOME Security Deposit Program $80,000 $80,000 Applicant: Housing Authority of Santa Cruz County
PROJECTS & PROGRAMS Requested
Funding
Recommended
Funding
Activity: CHDO Set-Aside (by formula) $74,916
Applicant: TBD
Activity: 100% Affordable Housing Project $1,675,656
Applicant: TBD
$1,830,572
TOTAL HOME FUNDING BUDGETED AMOUNT $1,890,516
2024-25 PY HOME BUDGET

HOME PROGRAM BUDGET
2024-2025 PROGRAM YEAR

TOTAL NEW HOME FUNDING

TOTAL PROJECT/PROGRAM FUNDING

19.9 2024-2025 HUD Annual Action Plan Budget
Presenters:

Jessica de Wit – Housing & Community Development Manager Jess Mellor – Housing Principal Management Analyst
March 12, 2024

19.10 Annual action plan
NOFA for CDBG
and HOME
Oct 2023
HUD

GRANT TIMELINE
Applications due
for consideration
Dec 2023
Health in All
Policies (HiAP)
recommendations
Feb 20, 2024
1st Public
Hearing – Initial
Council
Approvals
Mar 12, 2024
Staff review of
applications for
completeness and
eligibility
2nd Public
Hearing – Final
Approval
Jan 2024 Apr 30, 2024

19.11 ACTION REQUIRED TODAY

1. Make initial funding recommendations for the 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME).

2. Amend the Citizen Participation Plan (CPP) to reflect the required 30-day comment period for amendments to Annual Action Plans & Consolidated Plans as well as clarifying copies of these amendments will be submitted to HUD via their online submittal system.

3. Draft and submit a letter to Congressman Panetta asking for support in the maintain funding levels for CDBG and HOME from Congress and authorize the City Manager, or the Economic Development and Housing Director as his designee to sign the letter.

Photos of 415 Natural Bridges Dr., Nueva Vista Community Programs, and Cedar Street Apartments

19.12 $0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
2008200920102011201220132014201520162017201820192020202120222023 CDBG
HOME

COMBINED
HUD CDBG & HOME Funding
Estimated
2024 HOME
$499,440
Estimated
2024 CDBG
$568,725

19.13 CDBG FUNDING
CDBG 2024-2025 PY Grant
(Estimated)
$568,725
Estimated Program Income $25,000
Prior Yr. Funding (Reprogrammable) $0
Total Available $593,725
Administration ($118,745)
Rehab Administration ($5,000)
HOME Security Deposit Program
Delivery Costs ($6,900)
Available to Programs and Projects $463,080
building community
through programs &
resources

19.14 Applications

COMMUNITY PROGRAM APPLICATIONS

PROGRAMS
Teen Center
Second Harvest
Housing & Economic Rights
Advocates (HERA)
Grey Bears
Nueva Vista Community
Resources

TOTAL REQUESTS
$45,000
$25,000
$12,500
$72,000
$150,000
$304,500

19.15 Recommendations

PROGRAM FUNDING
(HUD CAP Estimate $85,400)
Teen Center - $45,000 Second Harvest - $25,000
Nueva Vista - $150,000
Total - $232,500
Not subject to activities cap
HERA - $12,500

19.16 APPLICATIONS

COMMUNITY PROJECT APPLICATIONS

PROJECTS
Downtown Clubhouse Reno $246,500
(Boys & Girls Clubs Santa Cruz County)

19.17 Downtown Clubhouse Renovations - $230,580
Total - $230,580
Recommendations

PROJECT FUNDING

19.18 CAPITAL PROJECTS
$230,580
Boys and Girls Club of Santa Cruz County
Clubhouse renovations

SUMMARY CDBG RECOMMENDATIONS

COMMUNITY PROGRAMS
$232,500
Nueva Vista Community Resources, Second
Harvest Food Bank, Santa Cruz Teen Center,
Housing & Economic Rights Advocates
ADMIN & CITY PROGRAMS Total - $593,725
$130,645
City Staff Admin, Rehab Admin & HOME
Security Deposit Admin

19.19 HOME FUNDING
HOME 2024-2025 PY Grant
(Estimated)
$499,440
Estimated Program Income $100,000
Prior Years’ HOME Funds
available for reprogramming
$1,291,076
Total Available $1,890,516
Administration ($59,944)
CHDO Set aside ($74,916)
Available to Programs and
Projects
$1,755,656

19.20 RECOMMENDATION
HOME Security Deposit Program $80,000
(in partnership with the Housing Authority of Santa Cruz County) 100% Affordable Library & Housing Project $1,750,572
(includes CHDO set aside)
TOTAL - $1,830,572

19.21 Draft AAP & CPP available for review
online
2nd Public Hearing & present final
budget - April 30, 2024
Staff submits AAP to HUD for final
approval - May 15, 2024
Next Steps
Today:

Make initial funding
recommendations for the
2024-2025 AAP for both
CDBG and HOME
funding.

19.22 PY 2023 Progress Report
8 Households assisted
under the HOME
Security Deposit
Program
THROUGH Q2
July – December 2023
166 Teens
participating in
Teen Center
programs
28,500+ Persons provided resources through
the Second Harvest Food Bank Program
607 Children and adults provided services and programs through Nueva Vista Community Resources

19.23 Questions?

19.24 CITY COUNCIL

AGENDA REPORT
DATE: 03/05/2024
AGENDA OF:

DEPARTMENT:
03/12/2024
Planning and Community Development
SUBJECT: Citywide in the Coastal Zone (Application No. CP23-0176) – Appeal of the Planning Commission’s Approval of a Coastal Permit for Continued Implementation of the Oversized Vehicle Ordinance in the Coastal Zone, Initially Implemented Pursuant to Conditions of Approval of Coastal Development Permit (CDP) A-3-STC-22-0018 Approved by the California Coastal Commission. The appealed Planning Commission Approval: (1) Authorizes the City to Continue Implementation of Ordinance No. 2021-20, as Amended by Ordinance No. 2023-08 and Codified in Municipal Code Sections 10.04.065, 10.04.085, 10.04.104, 10.04.106, 10.04.165, 10.40.120,

10.41.060, and 16.19.070, Including, but not Limited to, Restrictions on Overnight Parking of Oversized Vehicles (“OVs”) and a Prohibition Against Parking of Unattached Trailers; (2) Provides for Continued Operation of the City’s Safe Parking Program; and (3) Accommodates Potential Future Minor Modifications to the City’s Safe Parking Program and OV Regulations, Including Potential Modifications to its OV Residential Parking Permit Program. Location: Throughout the Coastal Zone. CEQA: Not a project Pursuant to CEQA Section 15378; Statutory Exemptions, categorical exemptions, and general rule/common sense exemption. Applicant: City of Santa Cruz. (PL)
RECOMMENDATION: Resolution to deny the appeal and uphold the Planning Commission’s acknowledgement of the environmental determination and approval of the Coastal Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.”
BACKGROUND: For over a decade, the City of Santa Cruz (City) has pursued efforts aimed at attempting to alleviate the sometimes adverse impacts of long-term parking of oversized vehicles.

As a result of extensive collaboration with various stakeholder groups and in response to feedback received from the community, the City has taken a number of affirmative steps aimed at balancing 1) community concerns regarding the effects of long-term, static parking of oversized vehicles in neighborhoods and in the City at large, with 2) the protection of potentially vulnerable individuals, including occupants of oversized vehicles who may have limited access to housing. Current actions seek to reduce the impacts of parking of oversized vehicles (defined as motor vehicles exceeding 20 feet in length, or eight feet in width and seven feet in height) along with unattached

20.1 trailers, on City streets. Attached documents provide detailed background information demonstrating the expansive efforts taken by the City to address the topic in question.

The City has submitted an application for Coastal Permit (CP23-0176), requesting continued implementation of the Oversized Vehicle Ordinance (OVO) in the Coastal Zone. Approval of the Coastal Permit follows the California Coastal Commission’s (CCC’s) one-year approval of the City’s application for Coastal Development Permit (file number A-3-STC-22-0018). Renewal of the existing Coastal Development Permit would effectuate ongoing implementation of Ordinance 2021-20, as amended by Ordinance No. 2023-08 and codified in Municipal Code sections

10.04.065, 10.04.085, 10.04.104, 10.04.106, 10.04.165, 10.40.120, 10.41.060, and 16.19.070; provides for continued operation of the City’s Safe Parking Program; and allow for potential future minor modifications to both the City’s Safe Parking Program and its OV Regulations.

On February 1, 2024, the Planning Commission considered the application for Coastal Permit at a duly-noticed public hearing. During the hearing, staff presented, for the Planning Commission’s consideration, the proposal for continued facilitation of the OVO and the City’s Safe Parking Program. Staff additionally introduced, for Planning Commission review, revisions to two recommended conditions of approval included in the staff report, and staff also presented five new conditions of approval, primarily intended to address the feedback presented by members of the Stakeholder Outreach Group. At the hearing, three members of the public, each representing the organization Santa Cruz Cares, expressed concern about the City’s continued enforcement of the Oversized Vehicle Ordinance and voiced concern about its impacts to unhoused individuals, emphasizing their opposition to enforcement of the OVO and questioning the linkage between the OVO and Safe Parking Program. Minutes of the February 1, 2024 public hearing are attached for reference.

After hearing public comment, Commissioners supplied feedback related to the application, querying staff about aspects of the OVO and Safe Parking Program, and eventually communicating overall support. During the hearing, one Commissioner remarked about the need for a blackwater disposal site on the City’s Westside; a second Commissioner responded to a suggestion by a member of the public that the permit should be extended for one year; a third Commissioner emphasized the desire to balance the needs of unhoused individuals while acknowledging expressions of support for the OVO by members of the community; and still another Commissioner underscored the prevailing perception by constituents about the success of the OVO in effecting positive changes and resolving concerns related to public safety and unhygienic conditions attributed to static, long-term parking of oversized vehicles on City streets. The Commission further remarked about the City’s Safe Parking programs, noting the City’s change in approach to institutional support for “vehicular housing,” and discussed the evolution of regulations and programs addressing the needs of unhoused individuals. A motion to approve the application, with recommended revisions and additions to the Conditions of Approval, was made.

The motion passed unanimously (7-0).

On February 9, 2024, an appeal was filed, contesting the decision of the Planning Commission to approve Coastal Permit CP23-0176. The attached letter of appeal advances a number of arguments against the Planning Commission’s decision to approve the Coastal Permit, essentially alleging 1) inadequacy of duration of implementation of the OVO prior to review of the application for Coastal Permit by the Planning Commission for proposed application renewal; 2) inconsistency related to the City’s General Plan goals, policies, and actions; 3) uncertainty of future funding for existing Safe Parking Programs; and 4) the absence of evaluation of deleterious impacts of the City’s OVO

20.2 on unhoused individuals. Staff’s responses to the assertions included in the letter of appeal follow in the Discussion section of this report.

The Planning Commission’s approval of the Coastal Permit culminates over a decade of efforts aimed at attempting to alleviate the sometimes adverse impacts of long-term parking of oversized vehicles on public streets within City limits. Attached documents, including the Planning Commission staff report dated January 26, 2024 and associated attachments, including Final Conditions of Approval, provide detailed background information demonstrating the expansive efforts taken by the City to address the topic in question and incorporate analysis beyond that contained in this report. The following provides a summary of recent actions taken to date.

Recent Actions
Following two prior Council meetings on the topic, on November 9, 2021, the City Council adopted Ordinance No. 2021-20, authorizing revisions to Santa Cruz Municipal Code (SCMC) Title 10; and Chapter 16.19, “Storm Water and Urban Runoff Pollution Control,” pertaining to the parking of oversized vehicles in public rights-of-way. The term “oversized vehicle” is defined in Section 10.04.106 of the Municipal Code, which provides, in relevant part:
“‘Oversized vehicle’ shall mean any motorized vehicle (as defined in Section 670 of the Vehicle Code) or combination of motorized vehicles and/or nonmotorized vehicles or trailers that: (1) meets or exceeds twenty feet in length at any time, or (2) [meets] both of the two following criteria, exclusive of fixtures, accessories, or property: eight feet in height and seven feet in width.” At the November 9, 2021 public hearing, the City Council approved a motion directing staff to implement City-operated and sponsored Safe Parking Programs for unhoused residents of oversized vehicles licensed and registered in the City of Santa Cruz. As envisioned by the City Council, Safe Parking Programs would encompass a three-tiered approach offering successively more comprehensive services, from emergency parking (Tier 1) to 30-day overnight parking (Tier 2), through a broad suite of intensive support (“wraparound”) services including, among other amenities, access to 24-hour parking hygiene stations, case management, barrier removal, housing navigation, and job placement assistance (Tier 3).

Following ordinance adoption, the City engaged in dialogue with, and outreach to, the CCC, with the intent of securing a Coastal Development Permit (“CDP”) authorizing the City to effect Ordinance No. 2021-20 within the Coastal Zone.

On January 12, 2022, the Zoning Administrator approved a Design Permit, authorizing actions included within the purview of that permit as a public project in the Coastal Zone per SCMC Section 24.08.210 and SCMC Sections 24.08.410-430, and granting entitlement of a Coastal Permit pursuant to SCMC Section 24.08.210 of the Zoning Ordinance, which requires approval of such permit for development within the Coastal Zone that is not specifically exempted. Two appeals of the Zoning Administrator’s approval of the Design Permit and Coastal Permit were filed, and, on March 3, 2022, thePlanning Commission denied both appeals and upheld the Zoning Administrator’s approval of the Coastal and Design permits with revised conditions of approval.

A Councilmember requested City Council review of the Planning Commission’s decision, and on April 12, 2022, the Council approved the Coastal Permit with further revised conditions of approval. Thereafter, two separate parties filed appeals of the City Council’s decision to the CCC.

20.3 Please see the Zoning Administrator, Planning Commission, and City Council staff reports for more information at link https://www.cityofsantacruz.com/government/city-departments/staffreports-memos.

On July 14, 2022, the CCC found substantial issue with the City’s Coastal Development Permit application, which mandated that a de novo hearing be held on the City’s application request. The CCC staff initially recommended that the Coastal Commission find no substantial issue with the City’s application; however, the Commission later came to understand that a portion of the City’s ordinance (at the time) prohibited oversized vehicle parking within 100 feet of intersections, including during daytime hours. That provision resulted in the Commission staff’s providing an addendum to the CCC through which CCC staff changed its recommendation to a finding of substantial issue. Following the Commission’s finding of substantial issue, the City withdrew that specific provision – the prohibition of oversized vehicle parking within 100 feet of intersections – from the City’s application. In advance of the CCC’s substantial issue hearing on July 14, 2022, the City prepared two letters and associated exhibits attached to this report; the referenced documents can both additionally be found attached to the Planning Commission staff report, along with the CCC staff’s June 2022 report and addendum via link https://www.cityofsantacruz.com/government/city-departments/staff-reports-memos.

On May 11, 2023, the CCC authorized Coastal Development Permit A-3-STC-22-0018 for a period of one year, while imposing a number of conditions of approval. As a component of entitlement of the Coastal Development Permit, the Coastal Commission stipulated that the City’s OVO and Safe Parking Programs could be implemented in the Coastal Zone, subject to the terms and conditions of the CDP, for a period of one year.

Thereafter, on June 13, 2023, the City Council approved Ordinance 2023-08, amending select portions of Chapter 10.40 of the Santa Cruz Municipal Code, in order to: (1) eliminate the prohibition on parking of oversized vehicles within 100 feet of intersections, consistent with the City’s withdrawal of that provision from the Coastal Development Permit request; (2) adjust provisions related to when the ordinance applies during a declared state of emergency; and (3) clarify provisions related to how the OVO interacts with the City’s existing residential parking permit program. The ordinance was then signed by Mayor Fred Keeley on June 27, 2023 and became effective 30 days later.

DISCUSSION: The following analysis evaluates the statements made in the letter of appeal submitted by Reggie Meisler, Jasmeen Miah, Rachael Chavez, and Joy Schendledecker of Santa Cruz Cares, Jameelah Najieb of Disability Rights Advocates, and Dylan Verner-Crist of American Civil Liberties Union of Northern California dated February 9, 2024 and provides a response to the substance of each claim in the context of efforts taken by the City to address the topic of homelessness and accommodation of Safe Parking for residents of oversized vehicles and in light of the conditions of approval placed on the project by the Planning Commission at its February 1, 2024 public hearing. The letter of appeal includes two primary arguments, each with multiple parts. For ease of reference, each of the two primary arguments has been divided into component assertions, with staff response to each of the following.

Claim #1: The City's Move to Extend the Pilot Program is Premature Appellant’s statements: “First, we object to the premature decision to extend the OVO Pilot Program. The California Coastal Commission granted the City a one-year pilot of the OVO and

20.4 associated safe parking programs, to run from May 11, 2023 to May 11, 2024. In their decision, the Coastal Commission directed the City to "address any issues/problems encountered in implementation through May 11, 2024" in any application for a permit extension. See Permit Special Conditions, attached hereto as Exhibit A. The permit conditions further direct the City to submit a report that "clearly describe[s] all program outreach, enforcement and participation, including the manner in which the advisory committee's guidance was utilized, as well as opportunities for program improvements" "within the month" prior to the expiration of the CDP.

There are more than three months left in this year-long permit, and yet the City is moving for an extension now - in contravention of the CDP's conditions. Just last week, the City held its last Stakeholder meeting, even though the conditions direct the City to hold such meetings monthly throughout the period of the permit.”
Staff response: On May 11, 2023, the CCC approved an application for Coastal Development, authorizing the City to implement, for a period of one year the OVO, subject to a number of conditions. The CDP states: “This CDP shall expire on May 11, 2024. If the City intends to continue to implement the parking restrictions, safe parking program, and related elements authorized by this CDP past that date, then a new CDP must be obtained from the City.” Based on their experience with the current OVO CDP, staff were fairly certain that the new CDP (to continue implementation of the OVO) would be appealed at every opportunity through the City’s public hearings, and then likely appealed to the CCC for decision. As such, staff established a schedule which would 1) maximize the time of implementation of provisions of the Oversized Vehicle Ordinance prior to presentation of the project to any decision-making body and which would likewise afford time necessary for preparation of reports, conduct of noticing, and completion of public outreach prior to public hearings while 2) resulting in a CCC decision on the issue timed shortly prior to the time when the current CDP would expire.

Generally speaking, at least six weeks’ lead time is required for noticing, report preparation, and related actions to be taken for each scheduled City public hearing. Approximately two months is generally required for an appeal to be agendized by the Coastal Commission. Staff considered a schedule in which public hearings would be held as near to the date of the one-year expiration as possible, so that as much time as possible would have elapsed between beginning of implementation of the OVO and scheduled public hearings.

Per the City’s Municipal Code, a decision of the Coastal Permit could be made by the Zoning Administrator; however, the Zoning Administrator elected to refer the matter to the Planning Commission, avoiding the need for review of the application six to eight weeks prior to the Planning Commission hearing, which expedited the review and maximized the time of enforcement of the OVO before the first public hearing. The schedule necessitated the City’s processing of the Coastal Permit application in early February to allow for City Council and Coastal Commission appeal processes to take place prior to expiration of the CDP.

The appellants’ claim further references a Condition of Approval of the Coastal Development Permit as approved by the Coastal Commission, which requires submittal of a report within the month prior to expiration of the Coastal Development Permit. Referral of the new CDP to the Planning Commission several months prior to expiration of the subject permit is unrelated to the City’s fulfillment of the referenced Condition of Approval, which the City will satisfy during the prescribed time period and does not equate to nonconformance with the referenced condition.

20.5 Stakeholder Outreach Group Meetings were held on October 17, 2023; November 15, 2023; December 20, 2023; and January 31, 2024. Condition of Approval No. 6 of Coastal Permit A-3- STC-22-0018 states that “the stakeholder group shall meet at least four times during the year.” No condition “direct[s] the City to hold such meetings monthly throughout the period of the permit,” as alleged by the appellant. By scheduling the fourth Stakeholder Outreach Meeting the day prior to the February 1, 2024 Planning Commission hearing, staff provided as much time as possible for implementation of the Oversized Vehicle Ordinance prior to collection of feedback from the Stakeholder Outreach Group for presentation to the Commission. Furthermore, staff recommended, and the Planning Commission approved, a new condition of approval that will continue the Stakeholder Group meetings into the future, providing even further opportunities for feedback and collaboration. Staff has also been very clear with all stakeholders that feedback is welcome at any point, including outside of regular Stakeholder Group meetings. Staff’s contact information is available to the Stakeholder Group, and the OVO website provides a form that allows for direct submittal of feedback by any interested party. Notably, while the CCC’s approval only required four Stakeholder Group meetings, the City hosted another (fifth) formal Stakeholder Group meeting on February 28, 2024. Staff will summarize these additional Stakeholder Group discussions for the Council in writing (time permitting) or verbally at the public hearing.

In all, the schedule of public hearings and duration of time afforded for collection of public feedback cannot be reasonably characterized as “premature,” as argued by the appellant. Rather, each step – the dates of the CDP hearings, the preparation of associated reports, and the four required stakeholder meetings – were all scheduled to maximize the amount of OVO enforcement time in advance of the requisite renewal milestones.

Appellants’ statements: “Much could change between now and the end of the pilot period. The City could begin actively towing oversized vehicles that have amassed at least five OVO tickets (as of latest count, there were eleven such vehicles). Demand for safe parking programs could increase still further, illuminating more shortcomings in the City's provisions for unhoused people.”
Staff response: In response to the contention that the City may commence towing of vehicles with five or more citations derived from violation of the OVO, notably, the City is currently precluded from warrantless towing of vehicles that have accumulated five or more tickets under the case Coalition on Homelessness vs. City and County of San Francisco (2023) 93 Cal.App.5th 928. That is, should the City proceed with towing of vehicles having incurred five or more tickets, the City would first be required to obtain a court warrant, which equates to judicial oversight and approval of the tow. In other words, the City is legally precluded from conducting warrantless towing of vehicles having accumulated five or more citations, in contrast with the appellants’ contention.

Additionally, pursuant to conditions of approval of the prior CDP, towing resulting from the OVO would also require a 72-hour notice, as required by the Operations and Management Plan approved by the Coastal Commission, which states “In circumstances where … 5 unpaid parking tickets are all for violations of SCMC § 10.40.120(a), the City will post to the vehicle a 72-hour written Notice of Intent to Tow, prior to actually towing the vehicle.” Recommended conditions of approval require consistency with the provisions of the Operations and Management Plan, among associated documents, and such 72-hour posting requirement would continue to apply for tows that the City might initiate based on 5 unpaid parking tickets for violations of SCMC § 10.40.120(a).

20.6 City staff of the Homelessness Response Team who engage with members of the unhoused community on a daily basis report that the required capacity for parking of oversized vehicles seems to have reached a plateau and that demand for additional parking of oversized vehicles in the near future appears unlikely and may perhaps even experience a decline. Regardless, City staff have anticipated and planned for a scenario in which demand for Safe Parking Programs will increase. The City has affirmatively committed to accommodating Safe Parking for all participants who request access to Emergency Overnight and Overnight-Only programs. Although the number of City-owned and -operated parking lots remains finite, the City will continue to assess methods by which additional vehicles can be accommodated, including opening of additional City parking facilities. Should the need exceed available capacity, the City will issue permits for parking on City streets adjacent to sanctioned parking lots as necessary so that all participants are served. This approach would fulfill SCMC Section 10.40.120(g)(7), which states that the midnight to 5:00 a.m. parking restriction does not apply to “A person and oversized vehicle that are, collectively, registered and participating in a safe parking program or other safe sleeping or transitional shelter program operated or sanctioned by the city, but do not have access to a safe parking space or other shelter options under such programs due to a lack of capacity.” Appellant’s statements: More than anything, however, there has not been sufficient time to study the effects of the pilot. We are only three months into the enforcement period. The City has not yet done any sound survey or analysis of the impacts of the OVO on its unhoused population. At stakeholder meetings, the City has shared that some participants in their Tier 2 Safe Parking Program pay to park in City lots during the day or for metered parking in the downtown area, potentially to the tune of $300 per month. At this time, we do not know the effects such financial costs are having on unhoused peoples' precarity or their access to the Coast. Such effects must be analyzed before a permit extension can be sought.

Staff response: As discussed above, the schedule required to accommodate public hearings, including reasonably foreseeable hearings necessary to respond to appeals, such as that considered in this report, along with legal requirements for noticing lead-times and all other legal requirements of public hearings, has dictated the schedule of public hearings arranged. Those hearings have been delayed to the extent possible to maximize the amount of enforcement time.

At the February 1, 2024 Planning Commission public hearing, staff presented several revised and new conditions of approval, as appear below, which highlight the lengths taken to accommodate feedback by some members of the public and the Stakeholder Group.

Revised Conditions of Approval:

5. Minor Modifications. The City shall be authorized to make minor modifications in the future to the City’s Oversized Vehicle Regulations and/or Safe Parking Program in order to promote public safety, health, and welfare, unless such actions materially and adversely impact coastal access or are expressly prohibited by law. Such modifications may include, but shall not necessarily be limited to, revision to the City’s OV residential parking permit program to accommodate parking of residents’ oversized vehicles within specified proximity of a residents’ address. City staff shall coordinate with the Coastal Commission staff on such revisions to the program, and Commission staff may require that a new Coastal Permit be processed if the changes are determined to materially and adversely impact coastal access.

Thus, this CDP authorizes such minor modifications without a CDP amendment and/or a new CDP if, in the opinion of the Coastal Commission Executive Director and the City Planning

20.7 Director, such modifications: (1) are deemed reasonable and necessary; and (2) do not significantly adversely impact coastal resources.

Staff note: This condition was included in response to the CCC’s request for the City to evaluate the potential for residential exemptions, the feedback from the Stakeholder Group on the topic, and feedback received from the general public. It also accommodates future changes, as may be necessary or desired based on additional experience gained in the OVO implementation and based on additional feedback from the Stakeholder Group and general public.

6. Compliance with Coastal Development Permit and Past Permitting Actions. Compliance with the City’s prior CDP conditions (CP21-0174, as approved by Council Resolution No. 29-964), the provisions of Ordinance Nos. 2021-20 and 2023-08, the OVO Communications and Outreach Plan, the OVO Operations and Management Plan, and the OVO Signage Plan, must be maintained at all times, unless modified by this permit. Future minor modifications to these requirements are permitted, consistent with COA #5.

Staff note: This condition reaffirms that the plans approved by the CCC staff will continue to be followed in the ongoing implementation of the OVO.

New Conditions of Approval:

7. Provision of Mechanism for Ongoing Feedback. A) The City shall maintain a platform for ongoing collection of feedback related to implementation of the Oversized Vehicle Ordinance and Safe Parking Program, which may include a form posted to the City’s website. Feedback will be reviewed regularly by City staff and will be considered in the City’s efforts to achieve on-going program improvement. Feedback collected will be provided to the Coastal Commission and/or members of Coastal Commission staff upon request. B) Additionally, the City shall continue to coordinate with the Stakeholder Group at the following intervals: a minimum of three meetings with the Stakeholder Group during the first year following the effective date of this permit and a minimum of two meetings with the Stakeholder Group in subsequent years, unless modified in coordination with and subject to the approval of the Executive Director of the Coastal Commission.

Staff note: This condition affirms that the City will continue to offer an easy, seamless way for the general public to provide feedback on the OVO, its implementation, and the Safe Parking program, and it affirms that the City will continue to give fair consideration to comments and suggestions received. This condition also recognizes the value that the Stakeholder Group has brought in stimulating dialogue and providing direct feedback in that the condition requires continuation of those meetings into the future.

20.8 determine, in writing, that the approved project is continuing to operate in a manner that is consistent with the CDP’s terms and conditions (including that it is not leading to any unforeseen and/or unaddressed significant adverse coastal resource impacts) and that such an extension is thus warranted for the term identified. Such extensions shall only be allowed if they are based on an assessment that describes project implementation to date to the Executive Director (where such assessment shall at a minimum clearly describe program outreach, enforcement, and participation, as well as opportunities for program improvements) and that covers all years of program operation since at least the last assessment (and based on prior assessments as warranted).

Staff note: At the Planning Commission hearing, one appellant stated a desire for the permit to be extended for only one year, if extended at all. Staff responded that a very extensive amount of work goes into the processing of a Coastal Permit. The five-year expiration timeframe is responsive to stakeholder concerns about the possibility that the permit could have been continued in perpetuity and sets a five-year implementation time limit. The condition provides checks and balances by requiring that the CCC’s Executive Director shall review the implementation and its associated impacts before further time extension can be granted. Thus, the CCC maintains a definitive oversight of the program’s continuation.

9. Oversized Vehicle Count. The City shall commit to conducting an Oversized Vehicle Count on an annual basis and shall provide resulting data to the Coastal Commission upon request.

Staff note: Santa Cruz Cares has conducted counts of OVs in the City before and after implementation of the OVO, and they have indicated that the overall counts have remained steady, while concentrations of OVs in areas of prior entrenchment (e.g., near sensitive habitats on the Westside, along Delaware Avenue, near Antonelli Pond) have decreased.

Santa Cruz Cares’ conclusions are consistent with the observations of City staff, particularly as it relates to a lower concentration of vehicles near sensitive habitat on the Westside.

City staff conducted an OV census prior to implementation of the OVO, and continuation of that data collection will help inform the City, the Stakeholder Group, other stakeholders, and the CCC as future revisions to the OVO, its implementation, or Safe Parking programs are considered.

This condition was referred to as a Point in Time (“PIT”) count at the Planning Commission.

It has been updated to clarify that it is an OV count, so as to reduce any confusion between this count and the more widely known federally mandated Point in Time count of homeless individuals.

10. Feedback from and Assistance to Safe Parking Participants. As a component of enrollment in the City’s Safe Parking Program, staff shall provide an opportunity for the Safe Parking participants A) to submit information to the City on how to give feedback on how the Safe Parking program can be improved and B) to identify services that would assist them. In addition, to directly encourage feedback, staff shall proactively solicit feedback from the safe parking participants. Staff shall consider recommendations from program participants and shall make reasonable efforts to ensure that applicants have appropriate information to allow for connection to available services.

20.9 Staff note: This condition affirms that the City will continue to provide Safe Parking participants with an easy and convenient opportunity to give meaningful feedback regarding the Safe Parking program (available via phone, email, or website entry). This condition promotes information-sharing and is designed to help OV dwellers improve their health, remove barriers, and progress towards more stable living situations. The portion of the condition calling for proactive, direct solicitation of feedback from Safe Parking participants was added following the February 28, 2024 Stakeholder Group meeting in response to stakeholder feedback that such direct solicitation would likely yield more information.

11. Data Collection. City staff shall collect qualitative and, to the extent reasonably feasible, quantitative data which assists in assessment of the effectiveness of the Oversized Vehicle Ordinance and Safe Parking Program in alleviating adverse environmental and public health/safety impacts generated by entrenchment of oversized vehicles. Such data may include information regarding the amount of debris collected from City rights-of-way and observations of illicit disposal of blackwater; this data shall be made available to the Coastal Commission upon request.

Staff note: Similar to the condition requiring an OV count on at least an annual basis, this condition commits the City to collecting data regarding the impacts of the OVO implementation. The data can then be used by the City, Stakeholder Group, broader stakeholders, and CCC to inform and improve the OVO, its implementation, and the Safe Parking programs.

As demonstrated by the above, the City has voluntarily incorporated a number of new and revised conditions of approval in response to stakeholder and public feedback, all of which were approved by the Planning Commission, underscoring the degree to which the City has acted in good faith to accommodate input collected through stakeholder and public outreach. Among others, such conditions of approval enact requirements ensuring the provision of mechanisms for ongoing feedback; completion of an annual OV count; maintenance of avenues to provide program participants with feedback opportunities and service connections; and collection of data for measurement of the effectiveness of the OVO and Safe Parking Program.

Further, in response to the appellants’ assertions that daytime parking is excessively expensive for OV dwellers, many options remain available for daytime parking of oversized vehicles, including parking on City streets, with many free options available within one mile of the Safe Parking locations; within free and paid public parking lots; at private property; in RV camping sites; and at State Parks, among other venues. Aside from areas of the City which include paid or seasonal parking limitations, such as locations Downtown, near the Boardwalk, and on the Upper Westside (closer to University of California Santa Cruz, outside the Coastal Zone), OV dwellers may park for free during daytime hours throughout the City, with the City estimating that thousands of free, unrestricted parking spaces exist within a mile radius of designated Safe Parking facilities. The appellants are correct in stating that some OV dwellers have chosen to pay to park at or near their respective, designated Safe Parking spaces; however, staff observations indicate that those paying to park in the immediate vicinity of assigned Safe Parking spaces represent only a small fraction of the Safe Parking participants. For those lots and locations that do require payment, said payment is required regardless of the type of vehicle being parked, and the CCC has oversight over costs associated with parking in the Coastal Zone, either through policies in the Local Coastal Program and/or through CDP appeal jurisdiction. Implementation of the City’s OVO has no bearing on daytime access to the ocean and adjacent shore, which remains available to residents of OVs.

20.10 The City’s Oversized Vehicle Ordinance limits parking of oversized vehicles from the period of midnight (12 AM) to 5 AM, inducing minimal, if any, impacts to recreational or other legitimate and reasonable coastal access demand. Existing routes providing entry to and movement about the coast remain unaffected and open to all vehicles, including oversized vehicles. Bona fide access to the coast for purposes of recreation, respite, and the like will continue to remain unaffected.

Claim: The OVO's Implementation Violated the City's General Plan Appellants’ statements: “The General Plan requires the following, in part:

PRl.6.1 Maintain and enhance access for vehicles, transit, bicycles, and pedestrians.

PRl.6.5 Coordinate with other public entities in assuring public access to unrestricted open space lands and coastline.

PR3.3.4 Maximize public access and enjoyment of recreation areas along the coastline.

PRl.10 Explore and identify potential funding sources other than the General Fund for the maintenance of parks and recreational facilities.

PR2.1 Design programs to meet the diverse and changing recreational and educational needs of Santa Cruz residents and visitors.

PR2.1.1 Solicit public input to determine community interests and needs.

The City's implementation of the OVO has failed to meet these requirements. We have observed a large reduction (Between 70-90%) in the parking of oversized vehicles during all times of day in coastal areas such as 2300 Delaware Ave and surrounding streets. Such observations have also been reported by Santa Cruz Police Department staff. We are concerned that this may be evidence of a serious public access issue resulting from the enforcement of OVO. This has also been reported by proponents of the OVO, like Westside Neighbors, in their public correspondence to you.”
Staff response: Regarding the alleged inconsistency of implementation of the OVO with General Plan Action PR1.6.1 - The proposed actions have no effect on maintenance and enhancement of daytime access for vehicles, transit, bicycles, or pedestrians. The OVO limits parking of oversized vehicles between the hours of midnight and 5 AM, a restriction intended to prevent long-term, static human habitation within public rights-of-way, which are not intended or well equipped for functioning as domiciles. The OVO and Safe Parking Programs do not negatively affect access to the coast for transit, bicyclists, or pedestrians.

The fact that fewer OVs are present for extended periods of time near the sensitive habitat surrounding Antonelli Pond is a testament to the effectiveness of the program in curbing the environmental impacts (litter, outdoor urination and defecation, leaking blackwater and disposal of untreated waste, etc.) prevalent in the area prior to OVO implementation. Further, the fact that fewer Ovs are present for extended periods of time near Antonelli Pond in no way asserts that coastal access is being restricted. Not only is coastal access unaffected during the 5 AM to

20.11 midnight timeframe, but the vast majority of streets in the Coastal Zone continue to offer free parking. Ovs can park on any number of streets for free, with no restrictions during the 5 AM to midnight timeframe and still directly access coastal bluffs and beaches, meaning daytime access remains unaffected. Santa Cruz Cares’ own vehicle counts have concluded that the number of OVs in the City has not fallen, meaning that those OVs still have access to the plethora of free, unrestricted daytime parking in much of the Coastal Zone.

Regarding the alleged inconsistency of implementation of the OVO with General Plan Action PR1.6.5 - As discussed at each of the four stakeholder outreach meetings, City staff has proactively reached out to staff of outside agencies, including the County of Santa Cruz, in an effort to effect coordination of jurisdictional efforts aimed at assisting unhoused individuals, including facilitating connection to long-term, secure, stationary housing. Staff have additionally contacted staff of California State Parks to explore opportunities with that agency. To date, response by outside agencies has resulted in few commitments for alteration of existing programs. City staff continue to work toward a collaborative relationship with other governmental entities while acknowledging existing limitations related to funding and staffing resources. Of note, State Parks operates a number of facilities in Santa Cruz, and the OVO implementation does not negatively impact bona fide recreational access to those facilities, since the parking limitations are only from midnight to 5 AM, when few, if any, bona fide recreational activities occur. State Parks are typically closed between the hours of midnight and 5 AM.

Regarding the alleged inconsistency of implementation of the OVO with General Plan Action PR3.3.4 - The Oversized Vehicle Ordinance limits parking by oversized vehicles during nighttime hours, in which little, if any, bona fide access to the coast for recreational or similar such purposes occurs. Consistency with this policy was discussed in detail in the CCC’s staff report to their Commission, and City staff concurs with the CCC’s and CCC staff’s conclusion that the midnight to 5 AM parking limitations are narrowly structured such that recreational access is not negatively affected. Further, prohibition of unattached trailers from parking on the public right-of-way improves access to the coast by prohibiting placement of trailers, utilized for storage, from consuming spaces which would otherwise be accessed by vehicles of those desiring coastal access, with the effect of enhancing coastal access.

Regarding the alleged inconsistency of implementation of the OVO with General Plan Policy PR1.10 - The City’s public rights-of-way constitutes neither parks nor recreational facilities, and the General Plan policy cited in the appellant’s argument remains inapplicable to the assertion made. Neither the OVO, its implementation, nor the Safe Parking Program negatively impacts parks and recreational facilities, nor do they relate to the City’s exploration and identification of additional funding sources for parks and recreation. City staff continuously seek to identify sources of parks and recreational facilities and have been successful in the receipt of grant money for such projects. While separate from the policy at hand, funding for ongoing implementation of the Safe Parking Program, aside from General Fund monies, is also regularly explored.

Regarding the alleged inconsistency of implementation of the OVO with General Plan Policy PR2.1 - Limitation of nighttime parking of OVs and prohibition of parking of unattached trailers along City streets has no bearing on access to the coast during nearly all hours of the day, including those times in which genuine recreational activity takes place. Implementation of the OVO has no negative impact on fulfilment of educational needs of the City of Santa residents or visitors.

Arguably, the OVO implementation has a positive impact on the educational opportunities for residents and visitors in that the implementation has resulted in greater public access to observe

20.12 sensitive habitat areas such as Antonelli Pond. Regarding changing needs, the CDP’s conditions of approval assure that the OVO implementation and Safe Parking programs can remain nimble in responding to currently unforeseen circumstances, while maintaining protective checks and balances with CCC oversight to ensure that such changes do not negatively impact coastal resources.

Regarding the alleged inconsistency of implementation of the OVO with General Plan Action PR2.1.1 - Through implementation of stakeholder outreach as described in the Planning Commission staff report and through inclusion of additional conditions of approval as aforementioned, staff have solicited public feedback to determine community interests and needs.

In addition to the detailed information on outreach efforts that is included in the Planning Commission staff report, additional outreach information is provided later in this report.

Importantly, conditions of approval require continuous consistency with the CCC-approved outreach and engagement efforts and require ongoing opportunities for Stakeholder Group, Safe Parking participant, and general public feedback on the OVO, its implementation, and the Safe Parking programs, all of which are consistent with and support PR2.1.1.

Between December 4, 2023 and February 25, 2024, 276 citations were issued. Of these, 129 of those citations have been reduced to warnings as first-time violations; five citations appeals/reviews are pending; 13 citations appeals/reviews have been dismissed; and five citation appeals/reviews have been denied, with those citations deemed valid.

A total of 58 oversize vehicle permits have been issued, of the following types: 17 residential; one residential guest. three contractor, and 37 hotel guest permits.

The City’s outreach and enforcement have been focused on areas in which public health and safety hazards were most prevalent, including on Delaware Avenue and surrounding streets. In light of these efforts, it appears that many OVs which had previously been statically parked in the Delaware area have started to utilize Safe Parking, or have moved to other parts of the City, including other areas within the Coastal Zone. As mentioned previously, a significant percentage of the City falls within the Coastal Zone, and OV movement away from the Delaware Avenue area does not necessarily mean that these OVs have left the Coastal Zone; rather, it appears that some OVs may have dispersed to other parts of the City, including other Coastal Zone areas.

Data previously cited by the appellant indicates that the overall number of oversized vehicles parked in the public right-of-way has remained virtually unchanged following initiation of enforcement of the OVO. (See the undated letter from Santa Cruz Cares, titled “Santa Cruz Cares OVO Analysis in Brief,” received by the City on January 23, 2024 that is attached to the February 1, 2024 staff report, along with a City response to that document). The Santa Cruz Cares letter states “Santa Cruz Cares has conducted three city wide PIT counts of oversized vehicles and detached trailers over the past year. Two before enforcement began and one after (1/21/24), and from this work we have found that… the overall number of oversized vehicles in the city is largely unchanged.”) Many routes allow for ongoing access to the coast. The City has observed: (1) less OV entrenchment and static congregation in sensitive coastal areas, (2) more dispersed OV parking all over the City, and (3) increased coastal access for individuals and families who use standardsized vehicles, given that there is now more parking space and less trash, urine, and excrement on the street in the sensitive coastal area near Delaware Avenue. That is, a reduction in the number of vehicles parked in the public right-of-way along Delaware Avenue reflects the effectiveness of the OVO in addressing long-term entrenchment of stationary vehicles, including the deleterious

20.13 impacts to nearby sensitive habitat associated with disposal of debris, including hazardous materials, and human waste (urine and feces) with attendant impacts to sensitive habitat as documented in past permitting efforts. Through provision of Safe Parking, individuals formerly parked on Delaware Avenue now have access to City-sanctioned parking, including access to proper trash and hygiene services, free of charge.

The effectiveness of the OVO implementation thus far in reducing environmental damage related to improper disposal of refuse is evidenced by the statistics from the City’s Homelessness Response Field Team, which has a regular trash collection route in the area along Delaware Avenue near Antonelli Pond. Prior to the implementation of the OVO, collections averaged 82, 42-gallon trash bags per month. Following the enforcement of the ordinance, collections have averaged 42, 42-gallon trash bags per month in December 2023 through February 2024. This represents an approximately 48-percent decrease in monthly collection since the ordinance came into effect in the sensitive habitat area around Antonelli Pond, where 12 sensitive species have been identified.

Appellants’ statements: “We are additionally concerned that, contrary to the General Plan's requirements that the City identify funding sources other than the General Fund for recreational facilities, City staff still does not have a clear plan for how it will fund the Tier 3 safe parking program (24/7 parking) past June 2024, when one-time ARPA funds run out, other than by tapping the General Fund.”
Staff response: As stated above, City-sponsored Safe Parking does not represent a “recreational facility,” and the above argument remains inapplicable. City staff continue to search for ongoing, stable sources of funding. A condition of approval from the original CDP, file number CP21- 0174, requires that a Safe Parking program remain in effect for the life of the permit. That condition specifies also various requirements for the Safe Parking program, and that condition remains in effect as part of the subject, proposed CDP. So, if Safe Parking is not funded, then the implementation of the OVO would be in violation of the CDP conditions of approval. Regardless, anticipated origins of funding fall outside the realm of land use management subject to an appeal.

Appellants’ statements: “Moreover, the City has failed to listen to public input from OVO stakeholders to determine community interests and needs. The OVO stakeholder process was not truly collaborative, and thus was not in the spirit of Coastal Commissioner Nothoff's original request. Furthermore, the pilot program had been observed for less than 2 months at the time city staff brought this decision before the Planning Commission for a 5-year renewal.” Staff’s response: City staff have issued a thorough response to the above assertion regarding the nature of the City’s stakeholder outreach group process within the Planning Commission staff report dated January 26, 2024. Stakeholder outreach meetings have served to offer a forum for provision of feedback within a structured context, with meeting agendas established to maximize efficiency of use of available time while offering ample opportunity for provision of feedback from stakeholder participants of divergent viewpoints. Feedback from participants was encouraged both in the formal meetings and outside of them. Detailed notes of the proceedings of stakeholder outreach appear attached to the Planning Commission staff report, with the link to such materials provided at the end of this report. In addition to the many changes noted in the Planning Commission staff report that stemmed from the Stakeholder Group and Safe Parking Program participant feedback, the City included several additional conditions of approval in direct response to feedback provided through stakeholder outreach that occurred after the Planning Commission

20.14 staff report was drafted and which addresses feedback provided by the appellants. The City also posted a link to contact information for the City’s Americans with Disabilities Act (ADA) coordinator, along with the link to the disability grievance or reasonable accommodation request form in a prominent location at the top of the OVO website. The City has additionally had direct conversations with Safe Parking participants who have disabled license plates or a disability placard, advising them of available options.

As aforementioned, the City hosted a fifth Stakeholder Group meeting on February 28, 2024, exceeding the number required by Conditions of Approval of the CCC-approved CDP, underscoring the City’s commitment to engagement of constituents. More information regarding that meeting is provided under the Public Outreach and Feedback heading below, and more detailed notes from the meeting are attached to this report. As discussed above, in response to comments at the February 28, 2024 Stakeholder Group meeting, conditions of approval were modified to require proactive, direct solicitation of feedback from Safe Parking participants.

Through discussions at that same meeting about the City’s efforts to improve OVO ADA information availability, the City is responding by updating its paper flyers to incorporate information about accessibility. Also at the February 28, 2024 meeting, attendees reported that at least one Safe Parking participant had arrived to find someone else parked in their designated space. Similar situations have been reported to the City. Staff had previously updated signage in response and had sent parking enforcement staff out at the time when the spaces are reserved for OVs. The City will continue to utilize these and other methods, as necessary, to address this ongoing challenge.

Appellants’ statements: “We have discovered in stakeholder meetings that the cost of gas to drive in and out of the Tier 2 safe parking program (overnight only parking) every day is a major cost burden, as is the cost of parking nearby. This has been echoed by OVO proponents Santa Cruz Neighbors, who have offered to provide charitable "gas cards" to Tier 2 participants. We do not believe this adequately addresses this concern, which is ultimately the responsibility of the City to remedy.”
Staff response: The Safe Parking Program supplies parking capacity for oversized vehicles in a supervised environment sponsored and managed by the City, located on City-owned or -operated facilities. This parking and the associated trash, restroom, and hand washing services are provided free of charge to the OV dwellers and their vehicles. Feedback provided from program participants has cited the challenge associated with paying for fuel necessary for relocation from Safe Parking facilities to daytime parking locations. Numerous free parking locations are available within one mile of Safe Parking lots, thereby minimizing travel distances for OV dwellers that relocate during the day. Westside Neighbors, a charitable organization, has offered to help offset the fuel costs borne by qualifying applicants in a voluntary capacity. Details of the program have yet to be announced, though they are coordinating with The Free Guide (the City’s operator of its 24/7 Safe Parking program) for distribution of the gas cards, and the City applauds the organizations’ voluntary action.

The City is not responsible for subsidizing the fuel bills of those living in oversized vehicles. A charitable organization’s voluntary action to pay fuel bills of residents of oversized vehicles in its benevolent capacity does not confer such responsibility to the City, had such service not been offered. In restricting overnight parking of vehicles in the public right-of-way, which act as means for transportation of people and conveyance of goods and are not intended for human habitation,

20.15 the City has, in tandem, established an alternative parking program which provides access to essential services lacking for occupants of RVs and other such vehicles, providing support programs which far surpass those traditionally expected of local jurisdictions.

In particular, Overnight-Only parking, as with all City-sponsored Safe Parking, is offered at no cost to program participants, and such individuals can park their vehicles in close proximity of Overnight-Only facilities during the day, minimizing costs for consumption of fuel as cited by the appellant.

Further, the City continues to provide its 24/7 Safe Parking program located at the National Guard Armory building in upper DeLaveaga Park, affording participants with designated parking spaces available 24 hours per day, seven days per week, along with “wraparound” (comprehensive) support services, including case management and housing navigation. The 24/7 program participants receive access to hygiene facilities, electrical charging, community gathering space, and transportation to and from the program site. Capacity varies from approximately 15 to 20 vehicles, depending on the size of the vehicles participating in the program at any given time. The Free Guide, a third-party vendor contracted by and funded by the City, operates this program.

As of February 1, the 24/7 Safe Parking program enrollment is comprised of 22 participants, and 46 total individuals have enrolled since the beginning of the program. To date, seven former participants of the Overnight-Only Parking Program have transferred to the 24/7 Safe Parking Program. The offering of such programs highlights the City’s extensive role in supporting the efforts of residents of oversized vehicles to transition from vehicular residence into stable, stationary housing.

Funding of Safe Parking Programs costs over a half-million dollars annually; notably, the City has devised a suite of services, included case management to residents of oversized vehicles, unique to the City and not offered by most other jurisdictions which have instituted restrictions on parking of oversized vehicles in public rights-of-way. Through organization and operation of Safe Parking Programs on City-owned land and commitment to ongoing funding of such services, Santa Cruz has established a safety net for residents of oversized vehicles, a population not customarily served and sometimes completely unacknowledged, in many homelessness response programs.

Appellants’ statements: “We have observed that this pilot program has still not provided any humane solution for how to address the needs of people living in detached trailers on city streets, opting to instead criminalize their presence 24 hours a day.” Staff response: Allowing unattached trailer parking on City streets is tantamount to the City’s allowing anyone to have almost any type of free storage on City streets at any time. The City’s rights-of-way are intended to be used by pedestrians, bicyclists, and motorists; they are not intended as free storage for static, detached trailers.

Further, City outreach workers have encountered a limited number of people (<10) living in detached on-street trailers, and staff outreach workers offer alternative shelter options to those individuals. For example, staff is aware of one individual who used to reside in an on-street unattached trailer; this person eventually accepted services, enrolled in the City’s Long Term Safe Parking Program, and was subsequently housed.

20.16 As stated above, City streets are not properly situated for hosting static, long-term human habitation; they lack adequate infrastructure to support essential functions of residence, such as provision of trash and restroom services. Restriction of overnight parking in locales unintended for residence and provision of alternative Safe Parking locations cannot reasonably be construed as “criminalization” of unhoused individuals’ “presence 24 hours a day” as charged by the appellant. At most, civil, rather than criminal, penalties result from violations of the provisions of the City’s Oversized Vehicle Ordinance.

Appellants’ statements: “The city has failed to study or collect data on the impact that the OVO pilot program has had on people living in oversized vehicles and detached trailers, an Environmental Justice Community according to the Coastal Act, whether they are enrolled in the program or not.

We therefore find that the Planning Commission’s decision was made in error and appeal this decision to the City Council.”
Staff’s response: The Conditions of Approval of the Coastal Development Permit require ongoing provision of feedback related to the effectiveness of the City’s Oversized Vehicle Ordinance and Safe Parking Program and collection of data which will guide implementation of the program on a continuous basis. This includes a condition of approval requiring opportunities for direct feedback from Safe Parking Program participants. Staff also currently monitor and respond to an easy-to-access form on the OVO website, a telephone number, and a dedicated email that facilitate provision of public comments. Conditions of approval also require an OV count to be conducted at least annually and for qualitative, and to the extent feasible, quantitative data to be collected on the effectiveness of the program, all of which are intended to help inform the ongoing implementation of the OVO.

The City’s voluntary imposition of a mandatory five-year renewal period additionally provides for avenues for assessment of program effectiveness. The City has engaged in efforts spanning over a decade on implementation of programs intended to address homelessness and vehicular habitation and has received feedback from members of the homeless community, with such feedback having informed and continuing to inform City policies and processes.

To further benefit those living in OVs, a Condition of Approval of CP21-0174 is intended to accommodate periodic Safe Parking Program participant parking outside of the typical program operating hours of 8 PM to 8 AM, as necessary, to facilitate connection opportunities with support services. The inclusion of the condition reflects the City’s commitment to connect participants to available support services and provides a mechanism for staff to consider occasional extensions of Safe Parking hours to facilitate access to assistive services while avoiding obstruction of access to the coast. Such flexibility in enforcement of hours of Safe Parking accommodates service providers whose hours of operation generally fall outside of hours in which program participants typically access Safe Parking programs. Staff anticipates testing this approach in the coming months.

The subject appeal hearing constitutes the ninth public hearing in which the City has addressed the matter of management of parking of oversized vehicles in public rights-of-way. Two additional public hearings were held by the Coastal Commission, for a total of eleven public hearings thus far on the ordinance since 2021. These hearings provide another method of public input, including from those living in OVs, many of whom have provided verbal or written testimony.

20.17 The City has collected ample public feedback through various means, including but not limited direct outreach to affected individuals parked on the streets and those in the Safe Parking Programs, and the City has responded to realistic requests in a comprehensive and accommodating manner.

The City’s exhaustive efforts underscore the degree to which staff and decisionmakers have endeavored to achieve an equitable balance between the needs of unhoused individuals with the concerns expressed by members of the community over many years regarding the health and safety impacts of static oversized vehicle parking.

Overall, the appellant’s arguments lack merit and fail to present new challenges to City practices that have not been previously addressed. The above responses to the appellants’ assertions reveal the lengths to which the City has gone in addressing the topic of homelessness and accommodation of dwellers of oversized vehicles. Staff recommend that the City Council deny the applicant’s appeal and instead uphold the decision of the Planning Commission to approve the Coastal Development Permit.

Consistency with the Local Coastal Program (LCP)
The Oversized Vehicle Ordinance and Safe Parking Program, with potential future minor modifications as described herein, uphold and advance numerous Policies and Programs of the Local Coastal Program, such as those listed below:
 Parks and Recreational Lands Policy 1.7: Develop plans to repair, maintain and maximize public access and enjoyment of recreational areas along the coastline consistent with sound resource conservation principle, safety, and rights of private property owners.
 Water Quality Policy 2.1: Meet or exceed State Water Resources Control Board standards for discharge of sewage and storm waters to the Monterey Bay.  Community Design Policy 2.1: The dramatic views from West Cliff Drive shall remain unimpaired and unobstructed by vegetation, structures or accumulated refuse.  Natural Setting and Scenic Resources Policy 2.2: Preserve important public views and viewsheds by ensuring that the scale, bulk and setback of new development does not impede or disrupt them.
 Water Quality Policy 2.3: Ensure that new development or land uses near surface water and groundwater recharge areas do not degrade water quality.  Open Space Lands Policy 3.5: Protect coastal recreation areas, maintain all existing coastal access points open to the public, and enhance public access, open space quality and recreational enjoyment in a manner that is consistent with the California Coastal Act.
 Open Space Lands Policy 3.7: Recognize and protect the Pacific Ocean and Monterey Bay as a valuable open space, natural resource, and National Marine Sanctuary.
 Natural Setting and Scenic Resources Program 2.1.3: Protect the Monterey Bay National Marine Sanctuary and the shoreline and views to and along the ocean, recognizing their value as natural and recreational resources.  Residential, Commercial, and Industrial Lands Program 2.6.5: Protect neighborhood quality through improvement of blighted areas, traffic management, design guidelines, adequate buffers and other development techniques.

20.18  Open Space Lands Program 3.5.4: Wherever feasible and appropriate, distribute public facilities (including parking areas) throughout the coastal recreation area to mitigate the impacts of overcrowding or over-use by the public of any single area.  Open Space Lands Program 3.5.5: Develop and implement plans to maximize public access and enjoyment of recreations areas along the coastline.  Biotic Diversity and Stability Program 4.1.5: Protect the quality of water discharged into the Bay and allow no dumping of materials into the Monterey Bay.  Biotic Diversity and Stability Program 4.2.5: Protect and minimize the impact of development on bird, fish and wildlife habitat in and adjacent to waterways.

ENVIRONMENTAL REVIEW: The City’s continued implementation of its Oversized Vehicle programs does not constitute a new “project” under the California Environmental Quality Act (“CEQA”). However, even if the approval of a new Coastal Development Permit, as proposed, were considered a “project” pursuant to CEQA, the following exemptions would continue to apply.

The proposed actions remain categorically exempt from environmental review under Article 19 of the California Environmental Quality Act (CEQA) Guidelines, Section 15282(j), related to restriping of City streets, and categorically exempt under Section 15301(c) and (g), 15307, 15308, and 15061(b), related to alteration of City streets not involving addition of lanes.

Statutory exemption 15282(j) applies to projects including restriping of streets to relieve traffic congestion, while Section 15301(c) accommodates alterations to existing streets, sidewalks, gutters and similar facilities not adding new automobile lanes. Past observations have revealed that overnight parking of oversized vehicles tends to occur in locales in which groups of oversized vehicles congregate and then become entrenched, inducing congestion and degradation of the environment. Continued implementation of existing OV regulations and the City’s existing Safe Parking Program, including potential future minor modifications as envisioned in this permit, will reduce deleterious effects through continued provision of Safe Parking in a controlled environment.

The California Environmental Quality Act (CEQA) establishes several “categorical exemptions” applicable to classes of projects and varieties of activities which generally avoid inducing risk of significant impacts to the environment. Section 15307 of the CEQA Guidelines
“consists of actions taken by regulatory agencies... to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.”
Section 15308 of the CEQA Guidelines
“consists of actions taken by regulatory agencies… to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.”
Continuation of the City’s existing Safe Parking Program, with minor modifications, is not expected to result in any new construction, or need for building of additional facilities for public services such as Police, Parks, or Fire. Through provision of sanitation facilities in locations at or near designated safe-parking locations, and through continued restriction of oversized vehicle parking between the hours of 12 AM and 5 AM Citywide, ongoing implementation of the City’s

20.19 OV Regulations and Safe Parking Program, along with potential future minor modifications as discussed herein, will continue to ameliorate the detrimental effects, including environmental consequences and public health and safety effects, related to long-term OV entrenchment. As the majority of environmental impacts resulting from continued implementation of the City’s OV Regulations and Safe Parking Program constitute beneficial, rather than detrimental outcomes, and with other potential environmental effects remaining de minimis, in addition to qualifying under the CEQA clearances listed above, the project also qualifies for an exemption pursuant to California Code of Regulations Section 15061(b), the “general rule” or “common sense” exemption, as it can be seen with certainty that no significant effect on the environment will occur resulting from the Coastal Permit application.

The proposed project complies with all of the foregoing criteria and demonstrates eligibility for implementation of both statutory and categorical exemptions as afforded by CEQA.

Health in all Policies (HiAP)
Heath in All Policies (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 rests on three pillars: equity, public health, and sustainability. HiAP serves to ensure that all decision-makers remain informed about the health, equity, and sustainability impacts of various policy options during the policy development process.

The subject Coastal Development Permit application supports the pillar of equity in that an appointed Council ad-hoc committee has coordinated with City staff and community partners to further develop and ensure implementation of the above-described Safe Parking framework, including proposed modifications, in a manner widely accessible, and will report to the City Council with additional recommended actions. The City’s Safe Parking Program will continue to offer low-barrier parking services, free of charge, to program participants. The project encourages sustainability and a healthy lifestyle by avoiding the impacts to public health associated with longterm on-street OV entrenchment, including the associated disposal of trash, debris, and sewage onto City streets, sidewalks, and into local waterways. The proposed actions continue the provision of sanctioned parking facilities equipped with restrooms and trash services to offset detrimental impacts associated with long-term on-street OV parking, including reduced coastal access, degraded community character, unhygienic disposal of sewage, and illicit dumping of trash and debris.

Environmental sustainability represents a fundamental value of the City of Santa Cruz, guiding all City operations, and the subject application upholds such ideal through continued restriction on overnight use of the public right-of-way for oversized vehicle parking within the Coastal Zone, coupled with ongoing implementation of a program providing options for Safe Parking of oversized vehicles, offering facilities that provide trash and bathroom services reducing the likelihood for environmental contamination associated with illicit dumping of trash and blackwater, along with reduction of spillage of hazardous materials onto City streets from maintenance and long-term storage of vehicles in the public right-of-way, while introducing further benefits through the amelioration of aesthetic impacts and visual blight derived from lengthy stays of oversized vehicles on City streets. The project, therefore, ensures consistency with the three pillars of the HiAP and demonstrates an efficient and judicious use of City land.

20.20 Public Outreach and Feedback
Consistent with the Outreach Plan approved by the Coastal Commission, staff conducted extensive outreach in advance of implementation and enforcement of the OVO. Such activities encompassed, for example, direct outreach to OV dwellers, with such engagement conducted by 24/7 Safe Parking Program staff, the City’s Homelessness Outreach Response Team, and others; as well as via posting to social media channels, advertisement of information on City webpages, dissemination of outreach flyers placed directly on OVs, and distribution of press releases and resulting media coverage.

The Stakeholder Group additionally supplied input related to topics associated with the OVO and Safe Parking Program at each of the five Stakeholder Group meetings to date, with many of the suggestions of the Stakeholder Group, including recommendations made by the appellants, later incorporated as Conditions of Approval in the Planning Commission’s entitlement of the Coastal Permit. As various feedback and responses from the first four Stakeholder Group meeting were summarized in the Planning Commission staff report and associated attachments, this section only includes additional feedback and responses to the Stakeholder Group meeting held on February 28, 2024.

The Stakeholder Group meeting on February 28, 2024 included a discussion of the conditions of approval applied by the Planning Commission. Recommendations were provided to proactively seek more direct feedback from Safe Parking participants, to explore how more and what quantitative data can be collected, to evaluate the impacts of the OVO on people living in their vehicles, and to improve the information available for OV dwellers with disabilities. A more comprehensive and detailed set of meeting discussion topics is included as an attachment to this report.

The City’s webpage hosts an online form, https://www.cityofsantacruz.com/ovo, allowing for provision of comments on an open and continuous basis. Both an email address and phone number also allow for direct contact with Homelessness Response Team staff.

City staff have collected feedback from participants of the City’s Safe Parking programs.

Participant comments vary and include concerns regarding unavailability of parking spaces at 8 PM, issuance of citations at 8 AM, desire for connection to support services, the occurrence of noise and other nuisance activities affecting Safe Parking lots, and inconvenience associated with daily relocation. City staff note that installation of new signage will announce that all parking spaces in the Safe Parking Program will need to be vacated by 8 PM and indicate the City’s consistency in enforcement of hours of operation and the issuance of tickets. The City will also continue its ongoing efforts in distribution of information regarding available services, with enhancement of such outreach efforts afforded via recommended conditions of approval. Staff continue to assess the best locations for parking of OVs of various sizes and note that ample public parking, free of charge and offering ready access to the coastal resources, occur within a mile of Safe Parking sites.

In advance of both the February 1, 2024 Planning Commission public hearing and the March 12, 2024 City Council hearing, staff again conducted community outreach through various means, including posting to social media, disseminating outreach flyers through placement on OVs, and conducting requisite legal noticing.

20.21 The staff report prepared for the Planning Commission public hearing of February 1, 2024 includes public correspondence expressing a diversity of feedback, characterizing the range of public sentiment related to the OVO and Safe Parking Program. The subject application has elicited email messages from several parties since the Planning Commission public hearing, collectively expressing support of the application of the OVO and Safe Parking Program, which have been attached to this report and included in the public record for the project.

City staff received correspondence (attached) from the appellants on the evening of March 6, 2024, which correspondence included requested revisions and additions to the recommended Conditions of Approval. As the correspondence arrived shortly prior to the required publication of this report, sufficient time was not afforded for staff to prepare a written response. Staff will provide a response to the content of the correspondence during the presentation to the City Council at the public hearing of March 12, 2024.

SUMMARY AND RECOMMENDATION: The City of Santa Cruz seeks to balance community health and safety concerns regarding the effects of long term, on-street OV entrenchment with the protection of potentially vulnerable communities, including occupants of oversized vehicles whose access to housing options may remain limited.

Staff requests that the City Council consider the merits of the appeal in light of all past City actions taken to address issues related to parking oversized vehicles and unattached trailers within the public right-of-way and render a decision to deny the appeal and uphold the decision of the Planning Commission, approving the application for Coastal Development Permit. Through denial of the appeal, the Council will approve the subject Coastal Permit application, subject to previous and new conditions of approval, as recommended. Staff requests that the City Council authorize the City to implement and enforce Ordinance No. 2021-20 as amended by Ordinance No. 2023-08 and as codified in Municipal Code sections 10.04.065, 10.04.085, 10.04.104,

10.04.106, 10.04.165, 10.40.120, 10.41.060, and 16.19.070, which, among other elements, restricts parking Citywide of oversized vehicles between the hours of 12 AM and 5 AM, prohibits on-street parking of unattached trailers, and facilitates continued operation of the City’s Safe Parking Program. The Council’s approval also accommodates potential future minor modifications to the City’s Safe Parking Program and/or to the Municipal Code, such as potential revisions to the City’s OV residential parking permit program and similar modifications. By denying the appeal and approving the Coastal Permit, the City Council will promote ongoing efforts facilitating continued access to the coast, bolstering community character and quality of life, and likewise upholding protection of the natural and built environment.

FISCAL IMPACT: The implementation of the OVO takes considerable staff time and resources across many departments, such as Public Works, City Manager’s Office, Planning & Community Development, City Attorney’s Office, and the Police Department. The purchase of roadway signage has cost approximately $15,000 thus far, which does not include any of the City workforce labor associated with the installation. The costs for implementation of Safe Parking programs currently totals approximately $620,000 annually.

Prepared by:

Timothy Maier
Senior Planner
Submitted by:

Lee Butler
Director of Planning &
Community Development
Approved by:

Matt Huffaker
City Manager

20.22 ATTACHMENTS/LINKS:

1. Draft Resolution, including Findings and Conditions of Approval

2. Staff Report for February 1, 2024 Planning Commission (See link https://www.cityofsantacruz.com/government/city-departments/staff-reports-memos for additional attachments to the Planning Commission report that are not directly included in this list.)

3. 2022-06-23 City of Santa Cruz Response to Appeal No. A-3-STC-22-0018

4. 2022-07-08 - Appeal No. A-3-STC-22-0018 Follow-Up Letter From City of Santa Cruz

5. February 1, 2024 Planning Commission Meeting Minutes

6. February 28, 2024 Stakeholder Group Meeting Notes

7. Public Correspondence received since the February 1, 2024 Planning Commission hearing

8. Appellants’ Proposed Conditions of Approval received March 6, 2024

20.23 RESOLUTION NO. NS-XX, XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACKNOWLEDGEMENT

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION

AND APPROVAL OF THE COASTAL PERMIT FOR CONTINUED IMPLEMENTATION

OF THE OVERSIZED VEHICLE ORDINANCE, AUTHORIZING THE CITY TO

CONTINUE COASTAL ZONE IMPLEMENTATION OF ITS MUNICIPAL CODE

OVERSIZED VEHICLE AND UNATTACHED TRAILER RULES AND REGULATIONS (“OV REGULATIONS”); AND PROVIDING FOR CONTINUED COASTAL ZONE OPERATION OF THE CITY’S SAFE PARKING PROGRAM; AND TO ACCOMMODATE POTENTIAL FUTURE MINOR MODIFICATIONS TO THE CITY’S SAFE PARKING PROGRAM AND OV REGULATIONS (APPLICATION NO. CP23-0176)
WHEREAS, on November 9, 2021, the City Council adopted Ordinance No. 2021-20 (“Oversized Vehicle Ordinance”), which, subject to some exceptions, prohibits the overnight parking of oversized vehicles on any public highway, street, alley, or city parking lot (see Santa Cruz Municipal Code (SCMC) section 10.40.120(a)); and
WHEREAS, on May 11, 2023, the California Coastal Commission approved Coastal Development Permit (CDP) A-3-STC-22-0018, authorizing implementation of the ordinance for a period of one year with Conditions of Approval authorizing the City to approve, on behalf of the Coastal Commission, a new CDP for continued implementation the City’s Oversized Vehicle Ordinance and Safe Parking Program; and
WHERAS, on June 13, 2023, the City Council approved Ordinance 2023-08, amending select portions of Chapter 10.40 of the Santa Cruz Municipal Code, in order to: (1) eliminate the prohibition on parking of oversized vehicles within 100 feet of intersections, consistent with the City’s withdrawal of that provision from the Coastal Development Permit request, (2) adjust provisions related to when the ordinance applies during a declared state of emergency, and (3) clarify provisions related to how the OVO interacts with the City’s existing residential parking permit program. The ordinance was then signed by Mayor Fred Keeley on June 27, 2023 and became effective 30 days later; and
WHEREAS, the City’s continued implementation of its Oversized Vehicle programs does not constitute a new “project” under the California Environmental Quality Act (“CEQA”); however, even if the actions encompassed int the Coastal Development Permit were deemed as “project” pursuant to CEQA, the actions qualify for the “general rule” or “common sense” exemption, as it can be seen with certainty that no significant effect on the environment will occur resulting from the Coastal Permit application; and
WHEREAS, further, the proposed actions remain statutorily exempt from environmental review under Article 19 of the California Environmental Quality Act (CEQA) Guidelines, Section 15282(j), related to restriping of City streets, and categorically exempt under Section 15301(c) and

20.24 (g), 15307, 15308 and 15061(b), related to alteration of City streets not involving addition of lanes; and
WHEREAS, on February 1, 2024, the Planning Commission, after hearing public testimony at a duly-noticed public hearing, voted to 1) adopt the California Environmental Quality Act (CEQA) determination and 2) approve Permit CP21-0146, allowing continued implementation of the OV Regulations and Safe Parking Programs in the Coastal Zone and to accommodate potential future minor modifications to the City’s Safe Parking Program and OV Regulations; and WHEREAS, on February 9, 2024, an appeal was filed by Reggie Meisler, Jasmeen Miah, Rachael Chavez, and Joy Schendledecker of Santa Cruz Cares, Jameelah Najieb of Disability Rights Advocates, and Dylan Verner-Crist of ACLU of Northern California, contesting the decision of the Planning Commission to approve Coastal Permit CP23-0176; and WHEREAS, the City Council conducted a duly noticed public hearing on March 12, 2024 to consider the application; and
WHEREAS, the City Council now makes the following findings:

With Respect to the Environmental Determination
The City’s continued implementation of its Oversized Vehicle programs does not constitute a new “project” under the California Environmental Quality Act (“CEQA”). Even if the approval of a new Coastal Development Permit, as proposed, were considered a “project” pursuant to CEQA, the following exemptions would continue to apply.

Statutory exemption 15282(j) applies to projects including restriping of streets to relieve traffic congestion, while Section 15301(c) accommodates alterations to existing streets, sidewalks, gutters and similar facilities not adding new automobile lanes. Past observations have revealed that overnight parking of oversized vehicles tends to occur in locales in which groups of oversized vehicles congregate and then become entrenched, inducing congestion and degradation of the environment. Continued implementation of existing Oversized Vehicle regulations and the City’s existing Safe Parking Program, including potential future minor modifications as envisioned in this permit, will reduce deleterious effects through continued provision of Safe Parking in a controlled environment.

Further, Public Resources Code Section 21084 requires CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Section 15307 of the CEQA Guidelines “consists of actions taken by regulatory agencies... to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.” Section 15308 of the CEQA Guidelines “consists of actions taken by regulatory agencies… to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.”

20.25 Continuation of the City’s existing Safe Parking Program, with minor modifications, will not likely result in any new construction, or need for building of additional facilities for public services such as Police, Parks, or Fire. Through provision of sanitation facilities in locations at or near designated safe-parking locations, and through continued restriction of oversized vehicle parking between the hours of 12 AM and 5 AM Citywide, ongoing implementation of the City’s OV Regulations and Safe Parking Program, along with potential future minor modifications as discussed herein, will continue to ameliorate the detrimental effects, including environmental consequences and public health and safety effects, related to long-term OV entrenchment. The majority of environmental impacts resulting from continued implementation of the City’s OV Regulations and Safe Parking Program constitute beneficial, rather than detrimental outcomes, and other potential environmental effects remaining de minimis, the City has determined that no further environmental review is required pursuant to the provisions of the California Environmental Quality Act (CEQA).

Section 24.08.250, Required Findings for Coastal Permit

1. Maintain views between the sea and the first public roadway parallel to the sea.

The proposed Coastal Development Permit will not induce adverse impact to coastal views, but, rather, enhance scenic vistas by regulating overnight parking of oversized vehicles in areas adjacent to the shore.

2. Protect vegetation, natural habitats and natural resources consistent with the Local Coastal Land Use Plan.

The Coastal Permit allows for ongoing implementation of the City’s Safe Parking program, which provides trash receptacles and hygiene stations, facilitating proper sanitation and thereby minimizing detrimental environmental consequences which contribute to elevated coastal bacterial loads, unsightly accumulation of litter, and exposure to hazardous materials. Through ongoing facilitation of programs which address actions related to unsanctioned disposal of trash and wastewater onto City streets and into storm drains, the City minimizes the risk of violation of the terms of its National Pollutant Discharge Elimination System (NPDES) Municipal Regional Stormwater Permit and resulting actions related to enforcement against such potential violation by the Regional Water Quality Control Board. The proposed actions provide for consistency with the California Environmental Quality Act (CEQA) and the City’s environmental review and protection procedures. No disturbance of any vegetation, natural habitats, or natural resources will accompany the actions included in the subject Coastal Permit.

3. Be consistent with any applicable design plans and/or area plans incorporated into the Local Coastal Land Use Plan, in that it implements policies therein.

The proposed Coastal Permit provides for consistency with the General Plan, all Area Plans, and Local Coastal Program in that the proposal advances, and serves to

20.26 implement, the goals and policies of such plans related to promotion of public health and safety and protection of the natural environment.

The proposed actions address policies and programs of the Local Coastal Program, including but not limited to the following:
 Parks and Recreational Lands Policy 1.7: Develop plans to repair, maintain and maximize public access and enjoyment of recreational areas along the coastline consistent with sound resource conservation principle, safety, and rights of private property owners.
 Water Quality Policy 2.1: Meet or exceed State Water Resources Control Board standards for discharge of sewage and storm waters to the Monterey Bay.  Community Design Policy 2.1 The dramatic views from West Cliff Drive shall remain unimpaired and unobstructed by vegetation, structures or accumulated refuse.  Natural Setting and Scenic Resources Policy 2.2: Preserve important public views and viewsheds by ensuring that the scale, bulk and setback of new development does not impede or disrupt them.
 Water Quality Policy 2.3: Ensure that new development or land uses near surface water and groundwater recharge areas do not degrade water quality.  Open Space Lands Policy 3.5: Protect coastal recreation areas, maintain all existing coastal access points open to the public, and enhance public access, open space quality and recreational enjoyment in a manner that is consistent with the California Coastal Act.
 Open Space Lands Policy 3.7: Recognize and protect the Pacific Ocean and Monterey Bay as a valuable open space, natural resource, and National Marine Sanctuary.
 Natural Setting and Scenic Resources Program 2.1.3: Protect the Monterey Bay National Marine Sanctuary and the shoreline and views to and along the ocean, recognizing their value as natural and recreational resources.  Residential, Commercial, and Industrial Lands Program 2.6.5: Protect neighborhood quality through improvement of blighted areas, traffic management, design guidelines, adequate buffers and other development techniques.  Open Space Lands Program 3.5.4: Wherever feasible and appropriate, distribute public facilities (including parking areas) throughout the coastal recreation area to mitigate the impacts of overcrowding or over-use by the public of any single area.  Open Space Lands Program 3.5.5: Develop and implement plans to maximize public access and enjoyment of recreations areas along the coastline.  Biotic Diversity and Stability Program 4.2.5: Protect and minimize the impact of development on bird, fish and wildlife habitat in and adjacent to waterways.  Biotic Diversity and Stability Program 4.1.5: Protect the quality of water discharged into the Bay and allow no dumping of materials into the Monterey Bay.

The subject Coastal Permit application provides for ongoing implementation of the City’s OV Regulations and Safe Parking Program which seek to minimize detrimental environmental impacts associated with dumping of debris, illicit discharge or blackwater and graywater, and exposure to hazardous materials associated with long-term occupancy

20.27 of oversized vehicles within the public right-of way. No disturbance of vegetation, natural habitats or natural resources will derive from implementation of the ordinance. Locations of Safe Parking facilities will remain outside of mapped “high impact”, environmentallysensitive locales and enhance coastal access through increasing the availability of parking formerly occupied by long-term OVs and unattached trailers. An evaluation of the project’s potential for generation of environmental impacts in accordance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Guidelines and procedures has resulted in the conclusion that all actions included qualify for established categorical and/or statutory exemptions and determination that the subject application holds no potential for generation of significant environmental impact. The proposed actions will further advance the quality of the aesthetic environment through avoidance of blight and obstruction of coastal views derived from long-term OV entrenchment adjacent to, and surrounding, the shore.

4. Maintain public access to the coast along any coastline as set forth in the Local Coastal Land Use Plan.

Continuation of existing OV and unattached trailer limitations related to coastside parking will increase access to the ocean and adjacent shore resulting from prohibition on the practice of extended-duration, long-term, on-street OV and trailer parking. The subject application will likewise enhance cleanliness and safety by facilitating proper disposal of litter and wastewater, with associated benefits to preservation of community character and aesthetics. Numerous locations within City limits and in surrounding areas will continue to supply proper facilities as destinations for oversized vehicle camping and will continue to provide such amenities for visitors seeking to access the coast for overnight stays. Existing oversized vehicle parking restrictions will remain effective from 12 AM to 5 AM, and permit processes will continue to provide additional options for parking oversized vehicles on-street overnight, including for visitors to the coast.

The City Manager’s Office and the City’s Homelessness Response Team have identified and made available Safe Parking spaces on City-owned or -operated properties, totaling up to approximately 38 spaces for overnight only OV parking, along with 15-20 spaces available for long-term 24/7 OV parking. The City operates, and partners with, thirdparty homelessness response services to provide Safe Parking and transitional sheltering options. The Safe Parking facilities located within the Coastal Zone retain locational, hourly, and other operational criteria to retain public access. Staff have prepared analyses, provided to the Coastal Commission, detailing the results of implementation of the City’s Safe Parking Program, and have collaborated with staff of CCC to address any concerns related to public access that may arise from such operations. The subject Coastal Permit will not generate negative consequences to bona fide recreational access to the coast.

20.28 5. Be consistent with the Local Coastal Land Use Plan goal of providing visitor-serving needs as appropriate.

A number of existing facilities within and surrounding the City supply overnight facilities for recreational vehicle (RV) camping. Overnight stays for occupants of RVs remain available at the Upper Harbor, as well as Forest of Nisene Marks, Manresa, New Brighton, San Andres KOA, and Seacliff and Sunset State Beaches, all designed to accommodate large vehicles and afford visits to the coast. No impact to recreational beach access would result from the proposed actions.

Parking permits available to residents, guests of residents, contractors, and guests of local hotels offer available parking to those seeking shorter-term, overnight OV parking.

6. Be consistent with the Local Coastal Land Use Plan goal of encouraging coastal development uses as appropriate.

The Coastal Permit and its implementation will enhance coastal access by providing a cleaner and safer environment for the general public, in part by minimizing litter and blackwater dumping through provision of free trash and restroom facilities for residents of oversized vehicles. No adverse impact to recreational beach access would stem from continued implementation of the City’s Safe Parking Program and ongoing implementation of the City’s OV Regulations. Permit processes will provide additional options for parking oversized vehicles on-street overnight, including for visitors to the coast.

All Safe Parking sites will remain located outside of the mapped high-parking impact areas within the Coastal Zone.

24.10.2430 Required Findings for the Shoreline Protection Overlay District

7. The project protects trees and vegetation and sensitive wildlife habitat.

The proposed Coastal Permit and ongoing implementation of the City’s OV Regulations and Safe Parking program, with potential future minor modifications, will not negatively affect trees, vegetation, or sensitive wildlife habitat. By reducing litter and improper human waste disposal, the continued operations will continue to have a positive impact on trees, vegetation, and sensitive habitat.

8. The project is consistent with the following criteria for bluff or cliff development:
a. The development is sited and designed to assure stability and structural integrity of its expected economic life span and minimize alterations to natural landforms.

20.29 b. The development will not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas.
c. The development minimizes alteration of cliffs, bluff tops, faces or bases, and will not interfere with sand movement.
d. The development which proposes use of retaining walls shall be allowed only to stabilize slopes. Sea walls at the toe of sea cliffs to check marine erosion shall be allowed only where there is no less environmentally damaging alternative.
e. The development within one hundred feet of any cliff or bluff line shall follow the recommendations of an approved geologic report by a registered geologist. The area where such a report is required may be increased where the issue of slope stability requires a greater distance from any cliff or bluff line.

The proposed actions will not induce impacts to any cliff or bluff, and the above finding remains inapplicable.

9. The project provides maximum erosion protection, using accepted engineering practices and other methods and specifications set forth in this title.

The proposed actions will not affect any cliff or bluff, and the above finding remains inapplicable.

10. The project maintains public view corridors between the sea and the first public roadway parallel to the sea and maintain natural views of the coastline.

The proposed actions will not result in impact to any cliff or bluff, and the above finding remains inapplicable. Installation of signage associated with parking limitations has occurred on existing signposts to the extent possible, without physical effects to any cliff or bluff. Future installation of signage as proposed in the Signage Plan will remain located within public rights-of-way, without any potential for alteration to a cliff or bluff.

11. The project protects paleontological resources as prescribed in the Land Use Plan.

The proposed actions do not encompass any appreciable subsurface excavation and therefore will not impact paleontological resources as prescribed in the Land Use Plan.

The above finding remains inapplicable.

12. The project protects and enhances free public access to or along the beach, and sign such access when necessary.

20.30 The proposed actions will not reduce the capacity of, or access to, free public parking or bona fide recreational use of the shore.

13. The project includes mitigation measures prescribed in any applicable environmental document.

No mitigation measures apply, and the above finding remains inapplicable.

14. The project is compatible with the established physical scale of the area.

The proposed actions will not impact the established physical scale of the area, and the above finding remains inapplicable. Installation of signage associated with parking limitations has occurred on existing signposts to the extent possible, without physical effects to any cliff, bluff, or mapped sensitive habitat. Future installation of signage as proposed in the Signage Plan will remain located within public rights-of-way, without any potential for alteration the physical scale of any affected area.

15. The project is consistent with the design review guidelines of this title and the policies of any applicable area plan.

All signage will remain consistent with relevant criteria of the Public Works and Police departments.

16. The project is consistent with the policies of the Local Coastal Program, the General Plan, and the California Coastal Act.

The proposed actions demonstrate consistency with the policies of the Local Coastal Program, the General Plan, and the California Coastal Act in that ongoing implementation of provisions of the City’s Municipal Code related to parking of oversized vehicles, along with continued operation of the City’s Safe Parking program, will result in continued benefits to the community along spans of the coast previously and currently detrimentally affected by dumping of raw sewage, accumulation of trash and debris, and occurrence of other impacts to health and safety resulting from entrenchment of oversized vehciles and congregations of individuals engaging in sometimes unlawful activities. The proposed actions will address the policies of the LCP as listed below:
 Parks and Recreational Lands Policy 1.7: Develop plans to repair, maintain and maximize public access and enjoyment of recreational areas along the coastline consistent with sound resource conservation principle, safety, and rights of private property owners.
 Water Quality Policy 2.1: Meet or exceed State Water Resources Control Board standards for discharge of sewage and storm waters to the Monterey Bay.  Community Design Policy 2.1 The dramatic views from West Cliff Drive shall remain unimpaired and unobstructed by vegetation, structures or accumulated refuse.  Natural Setting and Scenic Resources Policy 2.2: Preserve important public views

20.31 and viewsheds by ensuring that the scale, bulk and setback of new development does not impede or disrupt them.
 Water Quality Policy 2.3: Ensure that new development or land uses near surface water and groundwater recharge areas do not degrade water quality.  Open Space Lands Policy 3.5: Protect coastal recreation areas, maintain all existing coastal access points open to the public, and enhance public access, open space quality and recreational enjoyment in a manner that is consistent with the California Coastal Act.
 Open Space Lands Policy 3.7: Recognize and protect the Pacific Ocean and Monterey Bay as a valuable open space, natural resource, and National Marine Sanctuary.
 Natural Setting and Scenic Resources Program 2.1.3: Protect the Monterey Bay National Marine Sanctuary and the shoreline and views to and along the ocean, recognizing their value as natural and recreational resources.  Residential, Commercial, and Industrial Lands Program 2.6.5: Protect neighborhood quality through improvement of blighted areas, traffic management, design guidelines, adequate buffers and other development techniques.  Open Space Lands Program 3.5.4: Wherever feasible and appropriate, distribute public facilities (including parking areas) throughout the coastal recreation area to mitigate the impacts of overcrowding or over-use by the public of any single area.  Open Space Lands Program 3.5.5: Develop and implement plans to maximize public access and enjoyment of recreations areas along the coastline.  Biotic Diversity and Stability Program 4.2.5: Protect and minimize the impact of development on bird, fish and wildlife habitat in and adjacent to waterways.  Biotic Diversity and Stability Program 4.1.5: Protect the quality of water discharged into the Bay and allow no dumping of materials into the Monterey Bay.

Recreational access to the beach will remain unaffected, and the proposed actions will avoid negative impact to availability of free public parking and access to the shore. All Safe Parking Program locations will remain outside of mapped high-impact, environmentally sensitive sites within the Coastal Zone.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz hereby:
(1) denies the appeal;
(2) makes the Findings listed above; and
(3) upholds the Planning Commission’s acknowledgement of the environmental determination and approval of the Coastal Permit, authorizing the City to (a) continue Coastal Zone implementation of its OV Regulations (more specifically, Ordinance No. 2021-20, as Amended by Ordinance No. 2023-08 and Codified in Municipal Code Sections 10.04.065,

10.04.085, 10.04.104, 10.04.106, 10.04.165, 10.40.120, 10.41.060, and 16.19.070), (b) continue Coastal Zone operation of the City’s Safe Parking Program, and (c) potentially make minor future modifications to the City’s Safe Parking Program and/or OV Regulations, consistent with the attached Conditions of Approval; and

20.32 (4) requires that the City’s Coastal Permit is subject to the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part hereof.

PASSED AND ADOPTED this 12th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

20.33 RESOLUTION NO. NS-XX,XXX
EXHIBIT "A"

CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
Citywide throughout the Coastal Zone – File Number CP23-0176 Resolution of the City Council of the City of Santa Cruz denying the appeal and upholding the Planning Commission’s acknowledgement of the CEQA determination and approval of the Coastal Permit for continued implementation of the Oversized Vehicle Ordinance, authorizing the City to continue Coastal Zone implementation of its municipal code oversized vehicle and unattached trailer rules and regulations (“OV Regulations”); and providing for continued Coastal Zone operation of the City’s Safe Parking Program; and to accommodate potential future minor modifications to the City’s Safe Parking Program and OV Regulations

1. If one or more of the following conditions related to the safe parking program is not met with respect to all its terms, then the approval of a safe parking program at a specified location may be revoked.

3. Any plans for future construction which are not covered by this review shall be submitted to the City Planning and Community Development Department for review and approval.

4. This permit shall be exercised within three (3) years of the date of final approval, or it shall become null and void.

6. Compliance with Coastal Development Permit and Past Permitting Actions. Compliance

20.34 with the City’s prior CDP conditions (CP21-0174, as approved by Council Resolution No. 29-964, and as shown in Exhibit B), the provisions of Ordinance Nos. 2021-20 and 2023- 08, the OVO Communications and Outreach Plan, the OVO Operations and Management Plan, and the OVO Signage Plan must be maintained at all times, unless modified by this permit. Future minor modifications to these requirements are permitted, consistent with COA #5.

7. Provision of Mechanism for Ongoing Feedback. A) The City shall maintain a platform for ongoing collection of feedback related to implementation of the OV Regulations and Safe Parking Program, which may include a form posted to the City’s website. Feedback will be reviewed regularly by City staff and will be considered in the City’s efforts to achieve on-going program improvement. Feedback collected will be provided to the Coastal Commission and/or members of Coastal Commission staff upon request. B) Additionally, the City shall continue to coordinate with the Stakeholder Group at the following intervals:
a minimum of three meetings with the Stakeholder Group during the first year following the effective date of this permit and a minimum of two meetings with the Stakeholder Group in subsequent years, unless modified in coordination with and subject to the approval of the Executive Director of the Coastal Commission.

8. CDP Duration. This CDP shall expire on February 1, 2029, where such expiration date (and subsequent such expiration dates) may be extended in yearly increments (of up to 5 years at a time maximum) if the City Planning Director and the Coastal Commission Executive Director determine, in writing, that the approved project is continuing to operate in a manner that is consistent with the CDP’s terms and conditions (including that it is not leading to any unforeseen and/or unaddressed significant adverse coastal resource impacts) and that such an extension is thus warranted for the term identified. Such extensions shall only be allowed if they are based on an assessment that describes project implementation to date to the Executive Director (where such assessment shall at a minimum clearly describe program outreach, enforcement, and participation, as well as opportunities for program improvements) and that covers all years of program operation since at least the last assessment (and based on prior assessments as warranted).

9. Oversized Vehicle Count. The City shall commit to conducting an Oversized Vehicle Count on an annual basis and shall provide resulting data to the Coastal Commission upon request.

10. Feedback from and Assistance to Safe Parking Participants. As a component of enrollment in the City’s Safe Parking Program, staff shall provide an opportunity for the safe parking participants A) to submit information to the City on how to give feedback on how the safe parking program can be improved and B) to identify services that would assist them. In addition, to directly encourage feedback, staff shall proactively solicit feedback from the safe parking participants. Staff shall consider recommendations from program participants and shall make reasonable efforts to ensure that applicants have appropriate information to allow for connection to available services.

11. Data Collection. City staff shall collect qualitative and, to the extent reasonably feasible,

20.35 quantitative data which assists in assessment of the effectiveness of the Oversized Vehicle Ordinance and Safe Parking Program in alleviating adverse environmental and public health/safety impacts generated by entrenchment of oversized vehicles. Such data may include information regarding the amount of debris collected from City rights-of-way and observations of illicit disposal of blackwater; this data shall be made available to the Coastal Commission upon request.

12. The use shall meet the standards and shall be developed within limits established by Chapter

24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes or any public nuisance arising or occurring incidental to its establishment or operation.

13. The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith.

14. While land disturbance is not anticipated as part of this permit, if, for whatever reason, land disturbance occurs associated with this permit, any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource or paleontological resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director; d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

20.36 RESOLUTIONNO.NS-29,963

EXHIBIT A
Exhibit B
CONDITIONS OF APPROVAL FOR APPLICATION NO. CP21-0174
Coastal and Design Permits to authorize the development associated with amended municipal code pertaining to the parking of oversized vehicles (e.g., parking signage, time of use restrictions, etc.) and to implement City-wide safe parking programs for unhoused City residents living in oversized vehicles in the City of Santa Cruz.

1. If one or more of the following conditions related to the safe parking program is not met with respect to all its terms, Section 10.40.120(a) will not be enforced and then the approval of a safe parking program at a specified location may be revoked.

2. If, upon exercise of this permit, any developed safe parking site within the coastal zone is at any time determined by the Zoning Administrator to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit by the Planning Commission could occur. Outside of the coastal zone the Design Permit, where required for a particular location, can be revoked or amended in accordance with the Santa Cruz Municipal Code.

1. The use shall meet the standards and shall be developed within limits established by Chapter

2. The Safe Parking Program. As part of its consideration of the proposed development, a safe parking program as described in Section 10.40.l20(m) of the Vehicles and Traffic Section of the Municipal Code framework shall be implemented by the City and remain in effect for the life of these permits. Site locations will include an up to date list of and options for sanitation and black water dumping. General parameters for the safe parking sites include:
• Off street locations (i.e. public/private parking lots). New signage shall be small-scale and designed to be incorporated into other signage in existing parking facilities. Existing sign post shall be used when possible.
• Hours generally shall be from 8:00 PM - 8:00 AM time frame. o Within the Coastal Zone, hours of operation shall be within this time frame, except that occasional, minor deviations from the 8:00 PM to 8:00 AM hours within the Coastal Zone may be allowed to facilitate provision of services to the program participants, so long as the additional hours are of a frequency, duration, and/or location such that they do not adversely interfere with coastal access.
o Outside the Coastal Zone, facilities (for example, Tier 3 facilities where enhanced services are provided) may be operated with extended hours, including on a 2417 basis, so long as plans adequately address required parking for other uses. • Sanitation will be provided at all locations (i.e., porta-potties, hand washing stations, and garbage cans). Black water dumping facilities may be provided at some locations. All facilities shall, whenever possible, be located where no impacts to public vehicular or bike

20.37 parking occur. When that is not possible, all facilities shall be located or operated in a manner so as to minimize vehicular and bike parking impacts to the greatest extent feasible. Locations of porta-potties, hand washing stations, and trash receptacles, as well as the locations of overnight parking on the site, will also take into account the adjacent uses, visibility, maintenance of views, on- and off-site circulation, and accessibility.

20.38 Planning Commission Meeting of March 3, 2022

CONDITIONS OF APPROVAL
SUBJECT: Oversized Vehicle Ordinance Implementation - Coastal Permit & Design Permit - Application No. CP21-0174

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Santa Cruz City CouncilMarch 12, 2024

Santa Cruz City Council
March 12, 2024