Agenda packet, first session — Watsonville City Council, March 14, 2023 (part 2 of 7)

Reso No. 254-22 (CM) 2
Meeting Date: 12/13/22
The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 13th day of December , 2022, by Member Hurst , who moved its adoption, which motion being duly seconded by Mayor Pro Tempore Montesino , was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS: Dutra, Estrada, García, Hurst,
Montesino, Quiroz-Carter, Parker
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
Ari Parker, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney

************************************
I, Irwin I. Ortiz, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 254-22 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 13th day of December, 2022, and that the foregoing is a full, true and correct copy of said Resolution. ________________________________
Irwin I. Ortiz, City Clerk
Date__________________________
DocuSign Envelope ID: 9BB7A9A6-AF7A-4315-9730-5580014319C6 12/20/2022 | 2:06 PM PST
12/20/2022 | 2:06 PM PST
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LEASE BETWEEN CITY OF WATSONVILLE AND PRECISION DYNAMICS MACHINING, INC.

THIS LEASE, "Lease", is made and entered into to be effective the first day of January, 2023 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter called "City", and PRECISION DYNAMICS MACHINING INCORPORATED, hereafter called "Tenant".

THE PARTIES AGREE AS FOLLOWS:

1. Premises.

City does hereby rent and Tenant does hereby hire and take from City that certain real property and improvements, commonly known and referred to as 200 Airport Boulevard, Watsonville, California, consisting of a 5,680 (Five thousand Six hundred Eighty) square feet portion of building located at 210 Airport Boulevard, in the City of Watsonville, Santa Cruz County, California. The premises are outlined in red on Exhibit "A". Tenant also has the right of ingress and egress to such Premises.

2. Term
The term of this Lease shall be two (2) years, commencing January 1, 2023, and expiring on December 31, 2024, hereafter "Lease Term", at an agreed monthly rent of approximately $1.05 per square foot per month at the sum of $5,964.00 (Five thousand Nine hundred Sixty-four dollars) per month for the term (January 1, 2023 to December 31, 2024). Tenant and City agree to this rent without regard to whether per square foot rent is more or less than the prescribed amounts above (i.e. a rounding error).

The rent shall be adjusted annually, every July 15th beginning during the second year of the lease and each July 15th thereafter using the rate of April to April change in the Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California. In no event will the annual rental increase be more than three percent (3%) due to increases in the CPI.

If on any rental adjustment date there shall not exist a CPI in the same format as recited herein, the parties shall substitute the Consumer Price Index for all Urban Consumers provided such index has been so revised or changed in such a way as to affect the direct comparability of such revised or changed index published by the Bureau of Labor Statistics or similar or successor governmental agency as may then be in existence and most nearly equivalent thereto (i.e.: the Wholesale Price Index). If the parties are unable to agree on a successor index in the event the aforesaid index is no longer reporting, then the parties shall refer the choice of the successor index to arbitration in accordance with rules of the American Arbitration Association. Rent is due and shall be paid in advance on the 1st day of each and every month during the term of this Lease, commencing January 1, 2023. Rent not received by the fifteenth (15th) of the month shall be assessed a ten percent (10%) late payment penalty.

3. Use.

The Premises shall be used to engage in providing professional, general and customized precision machining manufacturing and fabrication services in accordance Attachment 2

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with industry standards and best practices.

4. Prohibited Uses.

The leased Premises shall not be used for any other use not expressly allowed in Section 3 of this Lease.

5. Improvements to Premises.

If any improvements are proposed by the Tenant, Tenant shall submit a written description of the proposal to the Airport Director together with two sketches drawn to scale. The Airport Director will review the proposal and provide written comments with a recommendation and forward the same to the City Manager for review.

6. Conditions of Construction.

Before construction is commenced on the Premises, and before any building materials have been delivered to the Premises by Tenant or under Tenant's authority, Tenant shall comply with all the following conditions or procure Landlord's written waiver of the condition or conditions specified in the waiver: plans and specifications, and four (4) copies of site plan. City shall not unreasonably disapprove preliminary plans and specifications.
(a) Notify City of Tenant's intention to commence the work of improvement at least ten (10) days before commencement of any such work or delivery of any materials. City shall have the right to post and maintain on the Premises any notices of non-responsibility provided for under applicable law.
(b) Furnish City with a true copy of Tenant's contract with the general contractor and with evidence of the general contractor's financial condition for City's approval. The contact shall give City the right but not the obligation to assume Tenant's obligations and rights under that contract if Tenant should default. (c) Tenant shall comply with all applicable codes, ordinances, or regulations, and requirements for permits and approvals, including, but not limited to or restricted to a grading permit, building permit, zoning and planning requirements, and approvals from various governmental agencies and bodies having jurisdiction. (d) Tenant shall require from the contractor: (i) certificates of insurance evidencing coverage for "Builder's risk", (ii) evidence of Worker's Compensation Insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord or the Premises, and (iii) evidence that contractor has paid or caused to be paid all premiums for the coverage described in this sub- paragraph and premiums sufficient to assure maintenance of all insurance during the anticipated course of the work.

7. New Construction Completion Date.

Once work has begun on one area, Tenant shall with reasonable diligence prosecute all construction of improvements for completion and ready for use; provided Attachment 2

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however, that the time for completion shall be extended for as long as Tenant shall be prevented from completing the construction by delays beyond Tenant's control; but failure, regardless of cause to commence construction within two (2) weeks following execution of this lease, at City's election exercised by five (5) days written notice, shall terminate this Lease.

8. Protection of City against Cost or Claim.

Tenant shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the mechanic's lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. Tenant shall not suffer or permit to be enforced against the Premises or any part of it any mechanic's, materiel man’s, contractor's, or sub-contractor's lien arising from any work of improvement, however it may arise. However, Tenant may in good faith and at Tenant's own expense contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished the bond required in California Civil Code Section 3 143. Tenant shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Premises by Tenant, together with reasonable attorney's fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims.

9. Notice of Completion.

On completion of the work of improvement, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints City as Tenant's attorney in fact to file the notice of completion on Tenant's failure.

10.Ownership of Improvements During Term.

All buildings and improvements constructed on the Premises by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant; provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements except as expressly provided in this Lease; and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. City and Tenant covenant for themselves, and all persons claiming under or through them, that the improvements are real property. All buildings and improvements existing on the Premises, as of the date of this Lease are City's property, free of all claims to or against them by Tenant or any third person.

11.Ownership of Improvements at Termination.

Except as specified in Section 13 of this Lease, all buildings and improvements placed or constructed on said Premises as part of said project, as well as any and all other alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on said Premises by Tenant or any other person, shall be considered part of the real property of said Premises and on expiration or sooner termination of this Lease, or the exercised option, shall remain on said Premises and become the property of --------- --------------------
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City free and clear of any liens or encumbrances whatsoever and without the payment of any consideration therefore.

12.Removal of Fixtures.

At the normal expiration of the Lease Term, provided Tenant is not in default, Tenant shall have the right to remove any and all trade fixtures, provided all resultant injuries to the Premises and remaining improvements, except for ordinary wear and tear, are completely remedied and Tenant complies with City's reasonable requirements respecting the resultant appearance. Any such items not so removed within thirty (30) days of termination shall become the property of the City free and clear of any liens or encumbrances whatsoever and without payment of consideration therefore.

13.No Subordination.

City shall not subordinate the fee title to the Premises to any security transaction to enable Tenant to obtain financing for the new improvements. The Premises are now and shall remain free and clear of any liens, encumbrances or other Tenant obligations to third person.

14.Utilities.

Tenant shall pay for all gas, heat, light, power, telephone service, garbage disposal, storm and sanitary sewer services, water and all other services supplied to the Premises, including installation and connection of such services from the main source thereof, including City meters, and hold harmless the City therefore.

15.Possessory Interest Tax.

Pursuant to Section 107.6 of the State Revenue and Taxation Code the City hereby gives notice that the property interest to Tenant under this Lease may be subject to property taxation as a possessory interest and the Tenant acknowledges that it shall be subject to payment of property tax if a possessory interest tax is levied on the property interest.

16.Alterations and Additions.

Except as otherwise provided by Section 6 of this Lease, Tenant shall not make any alterations or improvements to or erect any additional structures on the Premises without prior written consent of City. Any alterations or additions approved by City shall be constructed at the sole expense of Tenant.

17.Compliance with rules, regulations and laws.

In the use and occupancy of the Premises and in the conduct of all business, activities and transactions thereon, Tenant will comply with all applicable laws, ordinances, rules, regulations and orders of the City or any governmental subdivision, body or authority, including all federal, state and municipal laws and ordinances and all rules and regulations of the Federal Aviation Agency and the City of Watsonville rules -------------------
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and regulations concerning the operations of the Watsonville Municipal Airport and environs.

18.Storage of Materials, Equipment.

No materials, supplies, products, equipment or other personal property shall be stored or permitted to remain on any portion of the Leased Premises outside of City approved buildings or structures without City's prior written consent. Tenant shall store personal property items, supplies, materials and combustibles inside the buildings in a safe, neat and sanitary manner. Tenant shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Leased Premises for the short-term accumulation and storage of solid waste, such as rubbish, trash, garbage, sludge, discarded machinery or parts and any other solid industrial wastes.

Such enclosures and/or screened areas shall be designed in such a way as to prevent, odors, fumes, attraction of pests, and dispersal of wastes due to wind or water runoff, and shall be serviced regularly by qualified waste removal and disposal services.

Environmental Considerations.
(a) Tenant shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property.

Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airport storm drainage system or sanitary system. (b) Tenant shall at all times comply with all applicable laws, rules and regulations of federal, state or local governmental agencies, including, but not limited to, the City of Watsonville, Santa Cruz County, and responsible Regional Air and Water Quality Control Boards. Tenant shall not permit any activity which directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. Any waste oil storage tanks shall be in approved containers and in accordance with environmental and fire protection regulations. (c) Hazardous Substances. The term "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government, including, but not limited to any, material or substance which is defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under local, State, or federal law and as determined by the Fire Department. Except in strict compliance with all government approvals, applicable laws and regulations pertaining to Hazardous Materials, and in accordance with the provisions of this Lease, Tenant shall not cause or permit ------- ---------------
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the presence, use, handling, generation, emission, release, discharge, storage, or disposal of any Hazardous Materials on, under, in or about the Premises, excepting the presence of any Hazardous Materials on, under, in or about the Premises as of the date of this Lease or the migration to or seepage of Hazardous Materials from surrounding or adjacent property; and shall not cause or permit the transportation of any such materials.

19.Hazardous Materials to or from the Premises.
(a) Tenant shall at all times notify City of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in machining facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease.

Tenant shall also institute operating procedures designed to handle Hazardous Materials consistent with prudent industry practice, including evidence of a licensed agent removal service. City shall have the right to inspect the Premises on 24-hours prior notice for compliance with the provisions of this Section. (b) Indemnification by City. City shall indemnify, protect, defend, and hold harmless Tenant and Tenant's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by City, its agents, employees, and contractors.

21. Indemnification by Tenant.

Tenant shall indemnify, protect, defend, and hold harmless City and City's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by Tenant, its agents, employees, and contractors.
(a) Indemnification Survives Lease. The indemnification provisions of the --------------------------------
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foregoing shall survive the termination of this Lease.

No Warranty of Current Condition. City makes no representation or warranty, express or implied, as to the physical condition of the Premises, including, but not limited to the condition of the exterior or interior of the structure, ground, soil, surface water or groundwater. the geology, the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon.

22. Repairs.

City shall maintain the exterior of the Premises, including outside walls and roof, heating, electrical systems (excluding internal lights and fixtures) except in the event that repairs or replacements are necessary thereto because of negligence or misconduct of the Tenant or if Tenant fails to notify City in writing within three (3) days of the need to repair.

Tenant shall maintain Premises, including, but not limited to, interior plumbing (i.e., sanitary sewer obstructions), interior walls, doors, hardware, alarms, internal lights and fixtures, etc., in as good order, condition and repair as they shall be upon the commencement of the term of this Lease. Any addition to the electrical system installed by Tenant shall remain the responsibility of the Tenant. Tenant shall keep drainage ditches and gutters free of debris.

23. Freedom from Liens.

Tenant shall not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, claims, stop notices, encumbrances and charges upon the Premises, or Tenant's leasehold interest therein which arise out of the use or occupancy of the Premises by Tenant or anyone using or occupying the Premises with the consent or sufferance of Tenant, or by reason of labor or materials furnished or claimed to have been furnished to Tenant for any construction, alteration, addition or repair of any part of the Premises. Tenant shall give City fifteen (15) days notice prior to commencing any work on the Premises, so that City shall have a reasonable time within which to post notices of non-responsibility.

24. Holding Over.

If Tenant shall hold possession of the Premises after the term of this Lease, Tenant shall become a Tenant from month to month at the rental and upon the terms herein specified and shall continue to be such tenant until the tenancy shall be terminated by City on thirty (30) days’ notice or until Tenant shall have given at least thirty (30) days’ notice of Tenant's intention to terminate the tenancy. The provisions of this Lease, so far as applicable, shall govern such tenancy, except that the monthly rent for such tenancy shall be the same as the last full month's rental rate.

25. Abandonment.

Tenant shall not vacate or abandon the Premises at any time during the term Attachment 2

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thereof; if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and at the option of City shall become City's property free from all claims of Tenant. In the event Tenant abandons the Premises City shall have the option to terminate this Lease by giving Tenant notice of belief of abandonment pursuant to California Civil Code Section 195 1.3 or City has the remedy described in California Civil Code Section 1951.4, i.e., City may continue the Lease after breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject to reasonable limitations as provided in paragraph 25.

26. Assignment or Subletting.

Tenant shall not assign or encumber any interest in this Lease or in the Leased Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without City's written consent, and consent to one assignment or sublease shall not be construed as consent to any subsequent assignment or subleasing.

If Tenant is a corporation or partnership, any dissolution, merger, consolidation or other reorganization of Tenant or the sale or transfer of controlling percentage of the capital stock of Tenant or the sale of twenty five percent (25%) of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing at least twenty five percent (25%) of the total combined voting power of all classes of Tenant's capital stock issued outstanding and entitled to vote for the election of directors. City shall not unreasonably withhold consent, but City may nevertheless condition consent upon such factors as the identity, reputation, financial worth and stability and operating ability of any proposed assignee or subtenant. Unless prior written consent of City shall have been obtained, any transfer, or attempted assignment or transfer, of this Lease or any interest therein, or any subletting, either by voluntary or involuntary act of Tenant or by operation of law or otherwise, shall at the option of the City terminate this Lease, and any such purported assignment, transfer or subletting without such consent shall be null and void.

Assignment.

1. Tenant shall not have the right to assign this Lease, except by Leasehold mortgage, without the written consent of City, which shall not be unreasonably withheld.

If Tenant desires to assign the Lease, Tenant shall comply with the following procedures:
(a) Tenant shall give City at least sixty (60) days prior written notice of its desire to assign the Lease.
(b) Tenant shall simultaneously provide City with the assignee's name, business organization, financial statement, and other documentation as may be requested by City.
(c) Tenant shall provide City with a true copy of the proposed assignment and the proposed assignee shall, in recordable form, expressly assume all the covenants and conditions of this Lease.
(d) Tenant shall provide City with copies of any financial agreements, Attachment 2

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schedule of payments, mortgage or encumbrance on the Leasehold estate. (e) Tenant shall pay City at the time the request to assign is submitted, a deposit of Five Thousand Dollars ($5,000.00) to offset City's expenses, including attorney's fee, in evaluating and documenting the assignment. City shall charge said deposit at the then current hourly rate for staff time charged to the Airport. Any balance of said deposit shall be refunded to Tenant, and any excess amount charged, excluding said deposit, shall be paid by Tenant.
(2) City and Tenant hereby deem it reasonable for the City to refuse to consent to a proposed assignment in the following circumstances:
(a) City may object to any proposed assignment if, in the City's sole opinion, the proposed assignee is not a qualified assignee in terms of financial strength, business experience or reputation or the ability to operate the fixed base operation and provide the required services in a manner consistent with the purposes for which this Lease was granted.
(b) City may object on any other reasonable grounds.

The effective date of the assignment shall not occur until sixty (60) days after the Tenant's notice of the proposed assignment unless, within that time, City gives notice of a valid objection or refusal of consent as set forth in subsection A. (3) hereof. If City gives notice of a valid objection and withholds consent, the Lease will not be assigned.

Subletting.

It is understood and agreed that, from time to time, Tenant may request City's permission to sublet portions of the Premises and City shall not unreasonably withhold consent, provided:
(1) Each sublease made shall be subject and subordinate to the right of the City and the provisions of each sublease shall conform to the provisions of this Lease as far as practicable.
(2) The sublease does not effect an assignment of the Lease as prohibited elsewhere.
(3) Tenant includes the following information with its request to sublease, the name, address, a true copy of the proposed sublease, and appropriate documentation as evidence the subtenant is qualified to conduct business on the Airport and such subtenant will provide the type of development and services required under the provisions of this Lease.
(4) Subtenant provides insurance coverage(s) as appropriate, in accordance with Lease provision(s), INSURANCE, the same as if the subtenant were a lessee.

If Tenant is in the default of monetary obligations to City pursuant to this Lease, Tenant immediately and irrevocably assigns to City, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Leased Premises as permitted by this Lease, and City, as assignee and as attorney- in-fact for Tenant, or a receiver for Tenant appointed on City's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of Attachment 2

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default by Tenant, Tenant shall have the right to collect such rent. It is understood and agreed by the parties hereto that the above assignment provisions do not apply to heirs by will.

27. LANDLORD’S RECAPTURE RIGHT.

RIGHT OF RECAPTURE
Despite any other provision of this Lease, Tenant shall notify Landlord in writing (Availability Notice) if Tenant wishes to transfer the Premises or any portion thereof (Subject Space). If Tenant does not give Landlord the Availability Notice before delivering a Transfer Notice, the Transfer Notice shall also be the Availability Notice.

Landlord has the option, by written notice to Tenant (Recapture Notice) within thirty (30) days after receiving any Availability Notice, to recapture the Subject Space as described in the next section. A timely Recapture Notice terminates this Lease as to the Subject Space and Tenant’s obligations regarding the remaining term of this Lease (or, at Landlord’s election, for a shorter period specified in the Availability Notice as the term of the Transfer) and as of the date specified in the Availability Notice. The Recapture Notice shall be void, however, if Tenant notifies Landlord, within thirty (30) days after receipt of the Recapture Notice, that Tenant withdraws the Availability Notice or Transfer Notice. If Landlord declines or fails timely to elect to recapture the Subject Space, Landlord shall have no further right under this section to the Subject Space unless it becomes available again after Transfer by Tenant.

CONSEQUENCES OF RECAPTURE.

To determine the new Base Rent under this Lease if Landlord recaptures the Subject Space, the original Base Rent under the Lease shall be multiplied by a fraction, the numerator of which is the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture and the denominator of which is the total Rentable Square Feet of the Premises before Landlord’s recapture. The Additional Rent, to the extent that it is calculated on the basis of the Rentable Square Feet within the Premises, shall be reduced to reflect Tenant’s proportionate share based on the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture. This Lease as so amended shall continue thereafter in full force and effect for the remaining Premises only. Either party may require written confirmation of the amendments to this Lease necessitated by Landlord’s recapture of the Subject Space. If Landlord recaptures the Subject Space, Landlord shall, at Landlord’s sole expense, construct any partitions required to segregate the Subject Space from the space retained by Tenant. Tenant shall, however, pay for painting, covering, or otherwise decorating the surfaces of the partitions facing the remaining Premises retained by Tenant.

If Landlord recaptures the Subject Space, Landlord shall pay Tenant ten percent (10%) of any Transfer Premium received by Landlord.

28. Signs, Posters, Buildings and Towers.

No advertising signs, posters or similar devices shall be erected, displayed or maintained in, on, about or above the Premises or the structures thereon without a sign permit and the written approval of the Airport Manager.

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No structures erected on the Premises shall exceed the height limit fixed by any City zoning ordinance or regulations of the Airport or Federal Aviation Authority. Tenant in its operations shall not unreasonably interfere with the property, interests, operations or activities of the City or of other tenants of the City.

29. Taxes.

Tenant will pay all fees, taxes, assessments and licenses levied, imposed or required by any governmental subdivision, body or authority on or in respect to any improvements or property placed on the Premises by Tenant or any person with its permission
The use, occupancy or possessory rights of Tenant in the Premises (a) Any business, activity or transaction conducted thereon by Tenant; (b) City license and permits; and
(c) Commercial Operator Permit fee.

30. Waiver of Damages and Indemnification.

City shall not be liable to Tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, except as results from acts of the sole negligence on the part of City, its agents, servants, employees or invitees. Without limiting the generality of the foregoing waiver, it is expressly extended to injury or damage caused by water leakage of any character from the roof(s), wall(s), basement or any part of the property, or caused by gas, oil, electricity or any other cause in or about the Premises or the building(s). Tenant agrees to hold City harmless from, and to defend City against, any and all claims or liability for any death or injury to any person or damage to any property, whatsoever, occurring in, on or about the Premises.

31. Payment of Rent and Services.

Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the address provided in Section 40.

32. Security Deposit.

On execution of this Lease, Tenant shall deposit the sum of Five Thousand Nine Hundred Sixty-four dollars ($5,964.00) representing one (1) month’s rent in cash as security for the faithful performance of the terms, covenants and conditions of this Lease.

If Tenant is in default, City can use the security deposit or any portion of it, to cure the default or to compensate City for all damages or loss sustained by City resulting from Tenant's default if the notice requirements, if applicable, have been observed.

Tenant shall immediately, on demand, pay to City a sum equal to the portion of the security deposit expended or applied by City as provided in this paragraph so as to maintain the security deposit in the sum initially deposited. Upon final accounting by City, any balance of said deposit shall be refunded to Tenant. ------- -------------
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33. Hold Harmless.
(a) Tenant shall save, protect, indemnify, and hold harmless City, its elective and appointive boards, commissions, officers, agents, and employees from any and all claims, cost or liability of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed pursuant to this Lease, or any omission to perform, including, but not limited to, claims, costs or liability resulting from: (I) The conduct, negligent or otherwise, of Tenant, its subtenant(s), assignee(s), or any officer(s), agent(s) or employee(s) of one or more of them; (2) The joint conduct of the City and Tenant, regardless of whether the City is concurrently, active or passively negligent or not negligent at all; or (3) The sole concurrent conduct of any other person or entity.

The above promise and agreement in this section is not conditioned or dependent on whether Tenant or City has prepared, supplied or approved any plan(s) or specification(s) in connection with this Lease, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of City.
(b) Non-Liability of City for Damages. This Lease is made upon the express condition that City is to be free from all liability and claim for damages by reason of any injury to any person or persons including, Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any extension hereof or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless City from all liability, loss, cost, attorney’s fees, and obligations on account of or arising out of any such injuries or losses however occurring.

34. Breach.

After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant (a) The appointment a general assignment by Tenant for the benefit of creditors, or of a Receiver to take possession of all or substantially all of the assets of Tenant, or
(b) Period of twenty (20) days, or
(c) A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days

35. Insurance.
(a) During the rental term, Tenant, at Tenant's sole expense, shall secure and maintain in force such policies of insurance as will protect it from claims for damages or injury resulting from bodily injury, including death, and for the loss or damage to property of others which may arise from operations of this Lease. Such insurance shall contain statements that:
(b) these policies shall also apply to City, as an Additional Named Insured; ------------
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(ii) the insurance afforded by these policies applies severally as to each insured, except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability, and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included; (iii) the insurance shall be primary insurance over any other insurance carried by City, which other insurance shall be considered excess only; (iv) the above policies specifically include coverage indemnifying City as set forth in this Lease; (v) the policies may not be canceled, nor the coverage reduced until thirty (30) days after a written notice of such cancellation or reduction in coverage is delivered to City at the address contained herein; (vi) the insurance companies named herein waive any all rights of subrogation against City. Such liability insurance shall be written with limits of at least Two Million Dollars ($2,000,000.00), combined single limits, and shall be written by companies acceptable to City. The limit of liability insurance coverage shall be adjusted commensurate with inflation and other liability factors upon adoption of resolution of the City Council of City. Certificates of Insurance evidencing the above obligations shall be delivered to City on prior commencement of operations covered by this agreement. (b) City, at Tenant's cost, shall cooperate fully with Tenant to maximize any recovery following an insured casualty. All policies of fire and extended coverage or other casualty insurance required by subparagraphs (e) and (g) below shall provide that proceeds there under shall be paid to City and Tenant as their interests may appear. (c) All policies required to be maintained by Tenant pursuant to the terms of this Lease shall be issued by companies authorized to do business in the State of California with a financial rating of at least "A" in the most recent edition of Best Insurance Reports. Tenant shall pay premiums therefore and shall deliver annually to City Certificates of Insurance that such policies are in effect. If Tenant fails or refuses to procure or maintain the insurance coverage required hereunder, or fails or refuses to furnish City with proof that coverage has been procured and is in full force and paid for, City shall have the right, at City's election and without notice to Tenant, but without any obligation to do so, to procure and maintain such coverage. Tenant shall reimburse City on demand for any premiums City so pays in connection with such procurement. (d) Fire Insurance: During the Lease Term, Tenant, at Tenant's sole expense, shall insure for fire and extended coverage risks all buildings, personal property, improvements, and alterations in, on, or about the Leased Premises. Such insurance shall be in an amount not less than eighty percent (80%) of insurable, full replacement cost of such buildings and improvements, and shall include vandalism and malicious mischief endorsements. Said fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. The CITY OF WATSONVILLE shall be named as additional insured in such policy or policies. (e) Fire or Casualty:
(1) Destruction of Tenant Owned Building. In the event of extensive damage (greater than fifty percent (50%)) to or destruction of buildings or other improvements on the Leased Premises owned by Tenant as provided in Section 11 of this Lease ("Tenant Improvements"), Tenant shall determine whether to repair or replace the Tenant Improvements. If it is determined Attachment 2

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to repair or replace the Tenant Improvements, the proceeds of any insurance policy paid on account of such damage or destruction shall be used to defer the cost of repairing or replacing the Tenant Improvements.

Tenant shall complete all repairs within a reasonable time. If it is determined not to repair or replace the Tenant Improvements, Tenant may terminate this Lease upon written notice to City within thirty (30) days of such damage or destruction. If Tenant terminates this Lease pursuant hereto, after deducting any proceeds payable to Tenant's lender pursuant to the following paragraph, the remaining proceeds of any insurance policy paid on account of such damage or destruction shall be distributed to City and Tenant pursuant to the following formula: City's share shall be the product of the amount of the remaining proceeds multiplied by a fraction, the numerator which is the number of months since the commencement date of this Lease until the date of the casualty causing such damage or destruction, and the denominator of which is four hundred and twenty (420). Tenant's share shall be the excess of the remaining proceeds after subtracting the City's share. In the event of termination of the Lease pursuant to this Section 33 (e) (l), Tenant shall remove the Tenant Improvements and, restore the City owned building to its prior condition at Tenant's sole cost and expense prior to the date of termination of the Lease.

All fire and extended coverage insurance policies insuring the Tenant Improvements may have a loss payable clause in favor of any lender of Tenant, including, but not limited to, any mortgagee of Tenant, as such lender's interest may appear.
(2) Destruction of City Owned Premises. If during the term of this Lease the City owned Premises, as provided in Section 11 of this Lease, shall be damaged or destroyed to the extent of fifty percent (50%) of its valuation or at a repair cost estimated by the City Building Official to exceed the sum of Twenty Five Thousand Dollars ($25,000.00) by fire, the elements, or any other cause, then this Lease shall, at City's option, cease and become null and void from the date of such damage, or destruction, and Tenant shall immediately surrender the entire Premises to City and shall pay rent only to the time of such surrender.

If the City owned Premises shall be damaged by fire, or other cause, so as to be capable of being repaired within a reasonable time, City shall have the option to repair the same and during the time that the repairs are being made, City shall remit to Tenant a just and fair portion of the rent according to the nature of the damage sustained and according to the extent that Tenant is deprived of the use of the City owned Premises.

Should the estimated time to repair damage exceed one hundred twenty (120) days, the Tenant may, at his option, terminate, this Lease. In such event both parties shall be released from further obligations under the terms of this Lease. (f) Workers' Compensation: Tenant, at Tenant's sole expense, must obtain and maintain workers' compensation insurance covering all its employees, and said insurance must be kept in force during the entire term of this Lease.

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(g) Notice: Each party hereto shall give to the other prompt and timely notice of any claim made or suit instituted coming to its knowledge which in any way directly, contingently or otherwise, affects or might affect either, and both shall have the right to participate in the defense of the same to the extent of its own interest.

36. Litigation Expenses.

If either party shall bring an action against the other by reason of the breach of any covenant, warranty or condition hereof, or otherwise arising out of this Lease, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorney fees, which shall be payable whether or not such action is prosecuted to judgment. "Prevailing Party" within the meaning of this paragraph shall include without limitation a party who brings an action against the other after the other's breach or default, if such action is dismissed upon the other's breach or default, if such action is dismissed upon the other's payment of the sums allegedly due or performance of the covenant's allegedly breached, or if the plaintiff obtains substantially the relief sought by it in the action.

37. Surrender of Premises.

Tenant agrees to surrender the Premises and any addition thereto at the termination of the tenancy herein created in the same condition as the Premises were in at the beginning of the tenancy or at the time of completion of the improvements as the case may be, reasonable use and wear thereof and damage by act of God or the elements excepted. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of City, terminate all or any existing subleases or sub tenancies, or may, at the option of City, operate an assignment to City of any or all such sublease or sub tenancies.

38. Waiver.

Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of condition hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party has or may have.

39. Quiet Enjoyment.

City covenants and warrants that upon Tenant's paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant's part to be observed and performed hereunder, Tenant shall and may peaceably and quietly enjoy the Premises hereby demised, subject nevertheless to the terms and conditions of this Lease. ---------------
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40. Notices.

All notices, consents, waivers or other communications which this Lease requires or permits either party to give to the other shall be in writing and shall be served personally or delivered by registered or certified mail, return receipt requested, made upon or addressed to the respective parties as follows:

To Landlord: To Tenant:

City Clerk
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
President
Precision Dynamic Machining, Inc
200 Airport Boulevard
Watsonville, CA 95076
or such other address as may be contained in a notice from either party to the other given pursuant to this section. Notice of registered or certified mail shall be deemed to be given forty- eight (48) hours from the time of postmarking if mailed within the United States (excluding Alaska).

41. Recordation.

Neither party, without the consent of the other, shall cause or permit the original nor any copy of this Lease to be recorded, filed or published in any public place.

42. Tenant to Assume All Unknown Expenses.

Notwithstanding the existence of a provision therefore in this Lease, Tenant shall assume, pay and be obligated for any and all costs and expenses toward the operation, protection, maintenance of the Premises, known or unknown, expressed or unexpressed, it being the intention of the parties for this to be a triple net lease to City.

43. Right of City to Enter for Inspection.

City shall have the right to enter upon the Premises at all reasonable times during the term of this Lease for the purpose of making any inspection it may deem expedient to the proper enforcement of this Lease.

44. Nondiscrimination
Tenant hereby covenants that Tenant in its use of the Premises and any and all structures, buildings and improvements located here on shall conduct the fixed base operation or any other activity hereafter authorized by the City on the Premises on a nonexclusive and non-discriminatory basis in all respects with regard to any person, firm or group of persons. Tenant shall not act in any manner prohibited by Part 15 of the Federal Aviation Regulations and further agrees to be nondiscriminatory also with respect to price or cost of services or goods and in every other fashion.

45. Enforcement of Nondiscrimination Clause.

City shall have the right to take such action against the Tenant as the United ------- ---- --------------
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States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the City itself.

46. Other Operations.

It is understood that the use authorized at the Watsonville Municipal Airport by this Lease is not given to Tenant exclusively but may be given to any other Tenant at the Airport at the sole discretion of the City.

47. Condemnation.

If the whole or any substantial part of the Premises shall be taken by any paramount public authority under the power of eminent domain then the term of this Lease shall cease as to the part so taken from the date the possession of that part shall be taken for any public purpose, and from that day Tenant shall have the right either to cancel this Lease or to continue in the possession of the remainder of the Premises under the term herein provided, except that the square foot rental shall be reduced in proportion to the amount of the Premises taken. Damages awarded for such taking shall be apportioned between the City and Tenant in a ratio relating to the number of years expired and remaining in the Lease Term between City and Tenant respectively; provided, however, that City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Tenant.

48. Nondiscrimination- (FAA, MBE, DB Requirements).

The Tenant, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for this Lease, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

The Tenant for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that the Tenant shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department -----------------------------------
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of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

Tenant shall insert the provisions of this section in any lease agreement or contract by which Tenant grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.

49. Remedy for Discrimination.

In the event of breach of any of the nondiscrimination covenants identified in Paragraph 48, City shall have the right to terminate this Lease and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Lease had never been made or issued. The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

Non-compliance with paragraph 51 shall constitute a material breach thereof and in the event of such non-compliance City shall have the right to terminate this Lease and the estate hereby created without liability therefore or at the election of the City or the United States either or both Governments shall have the right to judicially enforce paragraph 48.

50. Affirmative Action.

Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. Tenant assures that it will require that its covered by such subpart. Tenant assures that it will require that its covered suborganizations provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.

51. Subordination to Future FAA Agreements.

This Lease shall subordinate to the provisions and requirements of any existing or future agreement between the City and the United States, relative to the development, operation or maintenance of the Airport.

52. Notice to Federal Aviation Administration.

Tenant shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event of future construction of a building planned for the Premises, or in the event of any planned modification or alteration of any Attachment 2

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present or future building or structure situated on the Premises.

53. Proprietary and Governmental Roles; Actions by City.

Except where clearly and expressly provided otherwise in this Lease, the capacity of the City of Watsonville (“City”) in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or
otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Tenant understands that the City may grant or deny such request in its sole discretion, and may impose such terms and conditions as it deems consistent with that discretion and applicable law.

54. Non-Exclusive Right.

It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.

55. Terms.

All the provisions of this Lease shall be deemed and construed to be "covenants" as though the words imported such covenants were used in each separate paragraph hereof, except when expressed as conditions.

56. Governing Law.

This Lease shall be construed and enforced in accordance with the laws of the State of California.

57. Binding Effect.

This Lease and the covenants and agreements herein contained shall bind and inure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.

58. Time is of the Essence.

Time is of the essence regarding this Lease.
----- - --------
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Consent.

Whenever consent or approval of either party is required, that part shall not unreasonably withhold such consent or approval.

Corporate Status.

If either party is a corporation, that party shall deliver to the other party on execution of this Lease, a certified copy of a resolution of its governing body authorizing the execution of this Lease and naming the officers that are authorized to execute this Lease on behalf of the corporation.

Brokers.

Each party represents that it has not had dealings with any real estate broker, finder, or other party, with respect to this Lease in any manner. Each party shall hold · hannless the other pai1y from all damages resulting from any claims that may be asserted against the other party by any broker, finder, or other person, with whom the other party has or purportedly has dealt.

62. Exhibits.

All exhibits referred to are attached to this Lease and incorporated by reference.

63. Entire Agreement.

This Lease contains the entire agreement of the parties, and by signing this Lease they agree that there is no other written or oral agreement, promise, or representation between them respecting the Premises. This Lease shall bind and inure to the benefit and advantage of the assigns of City, and of the heirs, executors, administrators, and when permitted hereunder the assigns of Tenant.

IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written.
"City"

CITY OF WATSONVILLE,
a municipal corporation
By: ______ _____ _
Rene Mendez
City Manager
"Tenant"
PRECISION DYNAMIC MACHINING, INC.
a corporation
David Oldemeyer
President
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ATTEST:

By: __________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
210 Airport
I
r
I
I
I
I
I
I
I
240

AIRPORT
BLVD.

EXHIBIT "A"
L_..._ ______ __
--9- Office Space 5,680 sq ft AIRPORT BLVD.
210

AIRPORT
BLVD.

SCALE: 1"=60'
w- - 0 30 60
200

AIRPORT
BLVD.

Parking Area / /
FEET
120
_.,,..,,...,.,.,,,..,,. . .,,,,,,.
=
Attachment 2

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Watsonville, CA 95076 100 Aviation Way City of Watsonville Secondary location: 200 Airport Blvd. Freedom, CA 95019 The City of Watsonville is named as an additional insured respects to leased location at: 200 Airport Blvd. Freedom, CA 95019 as per written contract or agreement and carrier's blanket endorsement attached, including primary, non-contributory wording and waiver of subrogation
1,000,000 1,000,000 B XSE62023802 10/20/2022 10/20/2023 2,000,000 2,000,000 1,000,000 5,000 300,000 1,000,000 A Y Y VCGP028518 10/20/2022 10/20/2023 Great American Insurance Co 16691 Gemini Insurance Company 10833 Grass Valley CA 95945-9091 13355 Nevada City Ave DBA Global Precision Manufacturing LLC Taylor Investments [email protected] (831)477-0916 (831)477-2050 Dion Vokos License #:0B32853 Aptos, CA 95003 6990 Soquel Dr INSURANCE AND FINANCIAL SERVICES 03/06/23 Attachment 3

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Attachment 3

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Attachment 3

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Attachment 3

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1 Reso No. (CM)
Meeting Date: 031423 SWZ ______ RM ______ WMA ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE CONSENTING TO THE ASSIGNMENT OF LEASE,
DATED JANUARY 1, 2023, BETWEEN PRECISION DYNAMIC
MACHINING, INC. AND GLOBAL PRECISION MANUFACTURING LLC.,

AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO

EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution consenting to the Assignment of Lease does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the City Council does hereby consent to the Assignment of Lease, dated January 1, 2023 (the “Assignment”), between Precision Dynamics Machining, Inc. and Global Precision Manufacturing LLC. relating to that certain Lease, dated January 1, 2023, by and between the City of Watsonville and Precision Dynamics Machining, Inc., a copy of which Assignment is attached hereto and incorporated herein by this reference, and is hereby approved.

3. That the City Manager be and is hereby authorized and directed to execute the consent to such Assignment, in the form attached hereto, with minor revisions that may be approved by the City Manager and the City Attorney ************************************

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1 ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
AND

CONSENT TO ASSIGNMENT

THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT AND
CONSENT TO ASSIGNMENT (“Assignment”) is made as of the first day of April, 2023, conditioned upon the consent of the CITY OF WATSONVILLE, a charter city and municipal corporation (“City”), by and between PRECISION DYNAMIC MACHINING, INC., a California corporation (“Assignor”), and GLOBAL PRECISION MANUFACTURING LLC, a Delaware limited liability company (“Assignee”).

RECITALS
A. The City, as City, and Assignor, as Tenant, executed a lease dated as of January 1, 2023 (“Lease”), a copy of which is attached and incorporated by reference as Exhibit A, pursuant to which City leased to Tenant and Tenant leased from City that certain property described on attached Exhibit B and incorporated by reference for a term of two (2) years, commencing on January 1, 2023 and ending on December 31, 2024, subject to earlier termination as provided in the Lease.

B. Assignor desires to assign the Lease to Assignee, and Assignee desires to accept the assignment of the Lease from the Assignor and assume obligations under the Lease.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, Assignor and Assignee agree as follows:

Section 1. Assignment. Assignor assigns and transfers to Assignee all right, title, and interest in the Lease and Assignee accepts from Assignor all right, title, and interest, subject to the terms and conditions set forth in this Assignment.

Section 2. Assumption of Lease Obligations. Assignee assumes and agrees to perform and fulfill all the terms, covenants, conditions, and obligations required to be performed and fulfilled by Assignor as tenant under the Lease, including the making of all payments due to or payable on behalf of City under the Lease as they become due and payable.

Section 3. Assignor's Covenants.
(a) Assignor covenants that the copy of the Lease attached as Exhibit A is a true and accurate copy of the Lease as currently in effect and that there exists no other agreement affecting Assignor's tenancy under the Lease.
(b) Assignor covenants that the Lease is in full effect and no default exists under the Lease, nor any acts or events which, with the passage of time or the giving of notice or both, could become defaults.

Section 4. Litigation Costs. If any litigation between Assignor and Assignee arises out of this Assignment or concerning the meaning or interpretation of this Assignment, the losing party shall pay the prevailing party's costs and expenses of this litigation, including, without limitation, reasonable attorney's fees.

Section 5. Indemnification. Assignor indemnifies Assignee from and against any loss, cost, or expense, including attorney's fees and court costs relating to the failure of Assignor to fulfill DocuSign Envelope ID: DBADAC37-E1E7-479D-BDB3-29C175B89427

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2 Assignor's obligations under the Lease, and accruing with respect to the period on or prior to the date of this Assignment. Assignee indemnifies Assignor from and against any loss, cost, or expense, including attorney's fees and court costs relating to the failure of Assignee to fulfill Assignee's obligations under the Lease, and accruing with respect to the period subsequent to the date of this Assignment.

Section 6. Successors and Assigns. This Assignment shall be binding on and inure to the benefit of the parties to it, their heirs, executors, administrators, successors in interest, and assigns.

Section 7. Governing Law. This Assignment shall be governed by and construed in accordance with California law.

Section 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document.

Section 9. Independent Counsel. All parties acknowledge that they have been urged to seek independent tax and legal counsel with respect to the meaning and effect of this Assignment.

IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written.

ASSIGNOR:

PRECISION DYNAMIC MACHINING, INC.,
a California corporation

By: _________________
Name:David Oldemeyer
Its: President _________

ASSIGNEE:

GLOBAL PRECISION MANUFACTURING LLC,
a Delaware limited liability company

By: _________________
Name: Edwin Taylor
Its: Manager__________

DocuSign Envelope ID: DBADAC37-E1E7-479D-BDB3-29C175B89427

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3 CONSENT OF CITY
The undersigned on behalf of City, as landlord under the Lease, consents to this Assignment of the Lease to Assignee, provided, however, that notwithstanding this Assignment and the undersigned’s consent to this Assignment, Assignor shall remain primarily obligated as Tenant under the Lease and the undersigned does not waive or relinquish any rights under the Lease against the Assignor or Assignee.
“City”

CITY OF WATSONILLE
A municipal corporation
__________________________
Rene Mendez, City Manager
ATTEST:
__________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
__________________________
Samantha Zutler, City Attorney
DocuSign Envelope ID: DBADAC37-E1E7-479D-BDB3-29C175B89427

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4 EXHIBIT A

LEASE AGREEMENT
DocuSign Envelope ID: DBADAC37-E1E7-479D-BDB3-29C175B89427

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LEASE BETWEEN CITY OF WATSONVILLE AND PRECISION DYNAMICS MACHINING, INC.

THE PARTIES AGREE AS FOLLOWS:

1. Premises.

3. Use.

The Premises shall be used to engage in providing professional, general and customized precision machining manufacturing and fabrication services in accordance Exhibit "A"

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with industry standards and best practices.

4. Prohibited Uses.

The leased Premises shall not be used for any other use not expressly allowed in Section 3 of this Lease.

5. Improvements to Premises.

6. Conditions of Construction.

7. New Construction Completion Date.

Once work has begun on one area, Tenant shall with reasonable diligence prosecute all construction of improvements for completion and ready for use; provided Exhibit "A"

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8. Protection of City against Cost or Claim.

9. Notice of Completion.

10.Ownership of Improvements During Term.

11.Ownership of Improvements at Termination.

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City free and clear of any liens or encumbrances whatsoever and without the payment of any consideration therefore.

12.Removal of Fixtures.

13.No Subordination.

14.Utilities.

15.Possessory Interest Tax.

16.Alterations and Additions.

17.Compliance with rules, regulations and laws.

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and regulations concerning the operations of the Watsonville Municipal Airport and environs.

18.Storage of Materials, Equipment.

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Page 6 of 21 ends

21. Indemnification by Tenant.

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foregoing shall survive the termination of this Lease.

22. Repairs.

23. Freedom from Liens.

24. Holding Over.

25. Abandonment.

Tenant shall not vacate or abandon the Premises at any time during the term Exhibit "A"

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26. Assignment or Subletting.

Assignment.

1. Tenant shall not have the right to assign this Lease, except by Leasehold mortgage, without the written consent of City, which shall not be unreasonably withheld.

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Subletting.

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default by Tenant, Tenant shall have the right to collect such rent. It is understood and agreed by the parties hereto that the above assignment provisions do not apply to heirs by will.

27. LANDLORD’S RECAPTURE RIGHT.

CONSEQUENCES OF RECAPTURE.

If Landlord recaptures the Subject Space, Landlord shall pay Tenant ten percent (10%) of any Transfer Premium received by Landlord.

28. Signs, Posters, Buildings and Towers.

Exhibit "A"

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29. Taxes.

30. Waiver of Damages and Indemnification.

31. Payment of Rent and Services.

Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the address provided in Section 40.

32. Security Deposit.

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34. Breach.

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Exhibit "A"

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36. Litigation Expenses.

37. Surrender of Premises.

38. Waiver.

39. Quiet Enjoyment.

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40. Notices.

To Landlord: To Tenant:

41. Recordation.

Neither party, without the consent of the other, shall cause or permit the original nor any copy of this Lease to be recorded, filed or published in any public place.

42. Tenant to Assume All Unknown Expenses.

43. Right of City to Enter for Inspection.

45. Enforcement of Nondiscrimination Clause.

City shall have the right to take such action against the Tenant as the United ------- ---- --------------
Exhibit "A"

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States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the City itself.

46. Other Operations.

47. Condemnation.

48. Nondiscrimination- (FAA, MBE, DB Requirements).

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of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

49. Remedy for Discrimination.

50. Affirmative Action.

51. Subordination to Future FAA Agreements.

52. Notice to Federal Aviation Administration.

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present or future building or structure situated on the Premises.

53. Proprietary and Governmental Roles; Actions by City.

54. Non-Exclusive Right.

It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.

55. Terms.

56. Governing Law.

This Lease shall be construed and enforced in accordance with the laws of the State of California.

57. Binding Effect.

This Lease and the covenants and agreements herein contained shall bind and inure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.

58. Time is of the Essence.

Time is of the essence regarding this Lease.
----- - --------
Exhibit "A"

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DocuSign Envelope ID: E55A8777-A7BC-4FBB-8A57-7EA2C5FDEE2E

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Consent.

Whenever consent or approval of either party is required, that part shall not unreasonably withhold such consent or approval.

60. Corporate Status.

Brokers.

Each party represents that it has not had dealings with any real estate broker, finder, or other party, with respect to this Lease in any manner. Each party shall hold · ham1less the other patiy from all damages resulting from any claims that may be asserted against the other party by any broker, finder, or other person, with whom the other party has or purportedly has dealt.

Exhibits.

All exhibits referred to are attached to this Lease and incorporated by reference.

63. Entire Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written.
"City"
CITY OF WA TSONVlLLE,
a municipal corporation
Rene Mendez
City Manager
"Tenant"
PRECISION DYNAMIC MACHINING, INC.
a corporation
David Olderneyer
President
Exhibit "A"

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ATTEST:

By: __________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
210 Airport
DocuSign Envelope ID: E55A8777-A7BC-4FBB-8A57-7EA2C5FDEE2E I
r
I
I
I
I
I
I
I
'/
/
240

AIRPORT
BLVD.

EXHIBIT "A"
L_..._ ______ __
--9- Office Space 5,680 sq ft AIRPORT BLVD.
210

AIRPORT
BLVD.
200

AIRPORT
BLVD.

SCALE: 1"=60'
w- - 0 30 60
FEET
120
_.,,..,,...,.,.,,,..,,. . .,,,,,,.
-------e-:::c.:~·----
=
Parking Area / /
Exhibit "A"

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5 EXHIBIT B

LEGAL DESCRIPTION OF LEASEHOLD PROPERTY
DocuSign Envelope ID: DBADAC37-E1E7-479D-BDB3-29C175B89427

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Reso No. _____ (CM)
Meeting Date: 03/14/23 SWZ ______ RM
______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE RATIFYING THE CITY MANAGER’S PROCLAMATION OF THE

EXISTENCE OF A LOCAL EMERGENCY DUE TO SEVERE FLOODING
WHEREAS, the California Emergency Services Act (California Government Code section 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as flood or storm, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat; and WHEREAS, Public Contract Code section 1102 defines emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and
WHEREAS, Public Contract Code section 20168 states that a legislative body may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and
WHEREAS, Public Contract Code section 22050(b)(1) permits the City Council to delegate the authority to repair or replace a public facility, take any directly related and immediate action required by the emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts to the city manager by four-fifths vote; and
WHEREAS, Section 4-2.02 of the City of Watsonville (“City”) Municipal Code

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Reso No. (CM)
Meeting Date: 03/14/23
defines emergency as, among other things, an extraordinary flood or storm; and WHEREAS, Section 4-2.03 of the City’s Municipal Code designates the City Manager as the Director of Emergency Services for the City and empowers the Director of Emergency Service to proclaim the existence or threatened existence of a local emergency when the City Council is not in session; and
WHEREAS, beginning on March 9, 2023, the City experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”); and
WHEREAS, as a result of the 2022-23 Atmospheric River Winter Storm, the City undertook major preparations to protect the community from major flooding and damage to public and private property in the City; and
WHEREAS, staff proactively engaged with Santa Cruz and Monterey Counties, state and federal partners to work jointly to monitor, shore up, and maintain the Pajaro River Levee; and
WHEREAS, staff proactively engaged with Santa Cruz and Monterey Counties, state and federal partners to work jointly to monitor, shore up, and protect the City of Watsonville Wastewater Treatment Plant; and
WHEREAS, the 2022-23 Atmospheric River Winter Storm is expected to cause damages, estimated to exceed $1 million, although the true extent of the damage has yet to be ascertained; and
WHEREAS, soil conditions in the City and surrounding areas remain saturated as a result of the 2022-23 Atmospheric River Winter Storm; and WHEREAS, on March 9, 2023, when the City Council was not in session, the City Manager, acting as the Director of Emergency Services, issued a Proclamation of the

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Reso No. (CM)
Meeting Date: 03/14/23
Existence of a Local Emergency, pursuant to Municipal Code section 4-2.03, finding that conditions of disaster and extreme peril to the safety of persons, their property and public services exist in the City as a result of the 2022-23 Atmospheric River Winter Storm; and WHEREAS, the conditions for emergency supporting the City Manager’s March 9, 2023, Proclamation continue to exist in the City; and WHEREAS, due to the potential for severe flooding, impact to private and public infrastructure, like the Wastewater Treatment Plant and evacuation warnings and mandatory evacuations ordered as a result, there is substantial evidence that the emergency will not permit a delay resulting from a competitive solicitation for bids, and emergency repair work is necessary to respond to the emergency; and WHEREAS, the City Council must adopt this Resolution with a four-fifths vote to delegate emergency contracting authority to the City Manager pursuant to Public Contracting Code sections 1102, 20168, and 22050.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA THAT the March 9, 2023 Proclamation of the Existence of a Local Emergency issued by the City Manager, acting as the Director of Emergency Services, is hereby confirmed and ratified by the City Council of the City of Watsonville.

BE IT FURTHER RESOLVED that said local emergency shall be deemed to continue to exist and shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council of the City of Watsonville per California Government Code section 8630.

BE IT FURTHER RESOLVED that pursuant to Municipal Code section 4-2.04,

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Reso No. (CM)
Meeting Date: 03/14/23
Public Contract Code sections 1102, 20168, and 22050, the City Manager or designee is hereby authorized to repair or replace a public facility, take any directly related and immediate action required by the emergency, and procure the necessary equipment, services, and supplies for those purposes; and
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to take whatever other action is authorized under the City of Watsonville Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes.

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3/9/2023 5:01:37 PM
C:\Program Files\eSCRIBE\TEMP\1713461793\1713461793,,,Report - Recognize UPEC Local 792.docx Agenda Report
MEETING DATE: Tuesday, March 14, 2023
TO: City Council
FROM: DEPUTY CITY MANAGER MANNING
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVING AND RECOGNIZING PUBLIC EMPLOYEES OF
CALIFORNIA, LCOAL 792 (UPEC/LiUNA)
STATEMENT OF ISSUES:

The employees currently in the Mid-Management unit have elected to have United Public Employees of California, Local 792 (UPEC\LiUNA) represent them to meet and confer with the City on matters within the scope of representation including wages, hours, and other terms and conditions of employment.

RECOMMENDED ACTION:

It is recommended that the City Council approve a resolution approving and recognizing Public Employees of California, Local 792 (UPEC\LiUNA) to be the Exclusive Recognized Employee Organization to represent the classifications currently in the Mid-Management unit.

DISCUSSION:

The City of Watsonville has over 400 employees who are represented by employee organizations for matters related to employment conditions and employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. The current employee organizations in the City include Management, Mid-Management, Confidential, SEIU Local 521, Operating Engineers Local No. 3, International Association of Firefighters Local 1272, Police Officers’ Association, Public Safety Mid-Management, Police Management, and Fire Management. Some of these units are represented by outside organizations. At-will employees such as department directors are not represented by an employee organization.

Per the City’s Employer Employee Relations Resolution or EERR (56-08 CM) which provides “orderly procedures for the administration between the City and its employee organizations”, employees have the right to file a petition requesting formal recognition for an employee organization. A petition was received requesting recognition for the formation of a new unit titled “United Employees of California, Local 792 (UPEC\LiUNA)”. This group is proposed to consist of the job classifications currently represented by the Mid-Management Unit.

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3/9/2023 5:01:37 PM
C:\Program Files\eSCRIBE\TEMP\1713461793\1713461793,,,Report - Recognize UPEC Local 792.docx Per the EERR, the petition was reviewed by the City Manager acting in the role of Municipal Employee Relations Officer and it was determined that the petition meets the required criteria of the resolution. Per the resolution, 30 days was provided for other employee organizations to file a competing request to represent these classifications. No competing requests were received so an election was scheduled.

The City and UPEC agreed to utilize the free services of the Public Employees Relations Board to conduct an election on February 22, 2023. The in person election was conducted and a majority of the eligible voters voted in favor of having UPEC\LiUNA be the Exclusive Recognized Employee Organization to represent the classifications currently in the MidManagement Unit.

If approved, the United Employees of California, Local 792 (UPEC\LiUNA) will continue under the current Mid-Management Unit Memorandum of Understanding which is set to expire on June 30, 2023 until a new MOU is negotiated.

FINANCIAL IMPACT:

There will not be any direct financial impacts related to approving a new employee organization.

ALTERNATIVE ACTION:

None.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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1 Reso No. (CM)
Meeting Date: 031423
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING AND RECOGNIZING UNITED PUBLIC EMPLOYEES OF
CALIFORNIA, LOCAL 792 (UPEC\LiUNA) REPRESENTING THE DIVISION

OF MID-MANAGEMENT CLASSIFICATIONS ON MATTERS WITHIN THE

SCOPE OF REPRESENTATION INCLUDING WAGES, HOURS, AND

OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City’s Employer Employee Relations Resolution (EERR) as adopted by Resolution No. 56-08 (CM) provides orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes regarding wages, hours and other terms and conditions of employment; and
WHEREAS, Section 9. – (Petition for Recognition) of the EERR provides for an employee organization seeking formal recognition, to file a petition with the Municipal Employee Relations Officer; and
WHEREAS, a petition was received requesting recognition for the formation of a new unit titled “United Public Employees of California, Local 792 (UPEC/LiUNA)”; and WHEREAS, this group is proposed to consist of the job classifications currently represented by the Mid-Management Unit; and
WHEREAS, the petition was reviewed by the City Manager acting in the role of Municipal Employee Relations Officer, and it was determined that the petition meets the required criteria of the EER; and
WHEREAS, no competing petitions were received; and
WHEREAS, a Public Employer Relations Board representative conducted an election on February 22, 2023 and a majority of votes cast by eligible employees

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2 Reso No. (CM)
Meeting Date: 031423
supported the recognition of UPEC/LiUNA as the Exclusively Recognized Employee Organization for classifications currently represented by the Mid-Management Unit.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That adopting a Resolution recognizing the United Public Employees of California, Local 792 (UPEC\LiUNA) as the exclusive representative of the MidManagement classifications, does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the City Council hereby formally recognizes the United Public Employees of California, Local 792 (UPEC\LiUNA) as the exclusive representative of the Mid-Management classifications.

3. That the Mid-Management classifications will continue to be subject to the provisions of the Mid-Management MOU until its expiration on June 30, 2023. **********************************

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1 Reso No. (CM)
Meeting Date: 031423 SWZ ______ RM ______
RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE RESCINDING RESOLUTION NO. 400-87 (CM) WHICH DESIGNATES THE

CITY CLERK TO ATTEND CLOSED SESSION AND KEEP MINUTE BOOK

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution rescinding Resolution No. 400-87 (CM) does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the Council hereby rescinds Resolution No. 400-87 (CM) which designates the City Clerk to attend Closed Session and to keep the Minute Book. ********************************

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1 Reso No. (CM)
Meeting Date: 031423
RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

NOMINATING MEMBER FOR APPOINTMENT TO THE COUNTY OF

SANTA CRUZ HAZARDOUS MATERIALS ADVISORY COMMISSION
WHEREAS, Section 2.92.020 of the Santa Cruz County Code allows each City in the County to nominate one member to the County of Santa Cruz Hazardous Materials Advisory Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution nominating member to County’s Hazardous Materials Advisory Commission does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That Cory Miyabara, Source Control Inspector for the City of Watsonville is hereby nominated for appointment to the County of Santa Cruz Hazardous Materials Advisory Commission for a four year term beginning April 2, 2023 and ending April 1, 2026.

3. That the City Clerk is hereby directed to transmit a copy of this Resolution to the nominated member and to the Board of Supervisors of Santa Cruz County. ********************************

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C:\Program Files\eSCRIBE\TEMP\19524010606\19524010606,,,Ordinance - Rezoning Ceiba College Preparatory.docx 1 of 4

ORDINANCE NO. FINAL ADOPTION (CM)

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING REZONING ON ASSESSOR’S
PARCEL NUMBER 017-161-51 LOCATED AT 215 LOCUST STREET,

WATSONVILLE, CALIFORNIA, TO ALLOW THE PERMANENT
ESTABLISHMENT OF A 525-STUDENT CHARTER SCHOOL FOR
GRADES 6-12 IN AN EXISTING 27,000± SQUARE-FOOT BUILDING WITH AN 8,500± SQUARE-FOOT MEZZANINE ON A 2.1± ACRE SITE,

AND DIRECTING CHANGES TO BE MADE ON THE ZONING MAP OF

THE CITY OF WATSONVILLE
WHEREAS, Ceiba College Preparatory Academy (“Ceiba”) is a public charter school serving more than 500 students. For its first five years, from 2008 to 2013, Ceiba operated out of two locations in downtown Watsonville. In 2013, Tom Brown on behalf of Ceiba proposed to relocate the school to its current location under one roof.

Ceiba planned on leasing the building on a temporary basis while they looked for a permanent location for purchase; and
WHEREAS, on June 4, 2013, the Planning Commission of the City of Watsonville (“City”) adopted Resolution No. 08-13, approving Special Use Permit with Environmental Review (PP2012-251), to allow establishment of a 525-student charter school for grades 6-12 in a vacant 27,000± square-foot industrial building at 260 West Riverside Drive (APN 017-161-51). This action allowed Ceiba to use the premises for a period of up to 10 years while a permanent school site was identified for purchase; and WHEREAS, Ceiba has made substantial improvements to the building. In October 2013, the City issued Ceiba a Building Permit (BP2013-185) for converting the existing industrial building into a school, including adding an 8,500± square-foot mezzanine, toilet rooms, bearing and non-bearing walls, HVAC system, and electrical power and lighting upgrades. Subsequent tenant improvements to the building include new gas service (EP2014-38), fire sprinkler upgrades (FP2014-36), classroom

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C:\Program Files\eSCRIBE\TEMP\19524010606\19524010606,,,Ordinance - Rezoning Ceiba College Preparatory.docx 2 of 4 alterations (BP2018-45), new and relocated fire pendants based on new ceiling and classroom partitions (FP2018-62), new smoke and fire alarms (FP2018-76), new carport with solar panels (BP2019-185), and replacement paving and wall studs due to water damage (RP2020-7); and
WHEREAS, on May 27, 2021, Elizabeth Sanborn Falcon, with Benchmark Realty Advisors, on behalf of Ceiba College Preparatory Academy, applicant, and Spinnaker Ventures LLC, property owner, submitted an application for a General Plan Map Amendment (to change the site’s land use designation from Industrial to Public/QuasiPublic), Zoning Map Amendment (to change the site’s zoning designation from IG to N for Institutional), and Special Use Permit (App. No. 1737) to allow the existing school use to remain permanently (“project”); and
WHEREAS, as the subject property is currently designated Industrial on the General Plan Land Use Diagram and is within the IG Zoning District, the proposed amendments would enable the formal recognition of the existing school use on the premises; and
WHEREAS, issuance of the requested Special Use Permit would allow the permanent establishment of a 525-student charter school for grades 6-12 on the subject property; and
WHEREAS, on April 5, 2022, the Planning Commission voted 3-2 to recommend approval to Council. However, an affirmative vote of the majority of the full Commission, not just of the members present at the meeting, is required. Therefore, no action was taken and, in effect, the Planning Commission is making “no recommendation” to the City Council. Since the Planning Commission only makes a recommendation to Council, the project applications are still forwarded to the City Council for final action; and

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C:\Program Files\eSCRIBE\TEMP\19524010606\19524010606,,,Ordinance - Rezoning Ceiba College Preparatory.docx 3 of 4 WHEREAS, notice of time and place of the hearing to consider General Plan Map Amendment, Zoning Map Amendment, and Special Use Permit with Environmental Review (App #1737) was given at the time and in the manner prescribed by the Zoning Ordinance of the City of Watsonville. The matter called for hearing evidence both oral and documentary introduced and received, and the matter submitted for decision; and WHEREAS, the City Council has considered all written and verbal evidence regarding this application at the public hearing and has made Findings, attached hereto and marked as Exhibit “A,” in support of the Zoning Map Amendment (APP #1737) to change the Zoning District from General Industrial (IG) to Institutional (N) for the property with Assessor’s Parcel Number 017-161-51 in order to allow the permanent establishment of a 525-student charter school for grades 6-12 in an existing 27,000± square-foot building with an 8,500± square-foot mezzanine on a 2.1± acre site located at 215 Locust Street, Watsonville, California (APN 017-161-51).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: ENVIRONMENTAL DETERMINATION.

The City Council determines that the project is exempt from the California Environmental Quality Act (CEQA), in that the project would not result the change, intensification or expansion of an existing use and the allowance of an existing school use on a permanent basis would not result in a significant effect on the environment (CEQA Guidelines § 15301 (Class 1)). The project is also exempt under the “common sense” exemption because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment (CEQA Guidelines §15061(b)(3)).

SECTION 2: REZONING.

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C:\Program Files\eSCRIBE\TEMP\19524010606\19524010606,,,Ordinance - Rezoning Ceiba College Preparatory.docx 4 of 4

1. That the City Council of the City of Watsonville does hereby adopt a Zoning Map Amendment, changing the zoning from General Industrial (IG) to Institutional (N) for Santa Cruz County Assessor’s Parcel Number 017-161-51 and has made Findings, attached hereto and marked as Exhibit “A”, for the property located at 215 Locust Street, Watsonville, California to allow to allow the permanent establishment of a 525-student charter school for grades 6-12 in an existing 27,000± square-foot building with an 8,500± square-foot mezzanine on a 2.1± acre site (APN: 017-161-51).

2. That the City Clerk of the City of Watsonville is hereby authorized and directed to make the changes shown upon the official “Zoning Map of the City of Watsonville” a portion of which is marked as Exhibit “B,” a copy of which is attached hereto, and to designate the effective date and number of the ordinance authorizing the change.

SECTION 3. PUBLICATION.

This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 4. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its final adoption. **************************************

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3/14/23, 3:21 PM City of Watsonville Mail - March 14, 2023 Watsonville City Council Meeting - Agenda Item 10.L https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permthid=thread-f%3A1760378283852763765&simpl=msg-f%3A1760378283… 1/1 Irwin Ortiz <[email protected]>
March 14, 2023 Watsonville City Council Meeting - Agenda Item 10.L 1 message
Marta Bulaich <[email protected]> Tue, Mar 14, 2023 at 1:59 PM To: [email protected], [email protected] Dear City Clerk and Members of the Council:

Submitted herewith, for consideration by the City Council, is my document titled, "Ceiba's Incompatibility with Adjacent Industrial and Residential Zones." For the City Clerk, please consider this email a request to include this email and the attached document for the March 14, 2023 City Council Meeting.

If you have any questions, please feel free to contact me.

Respectfully,
Marta J Bulaich
031423Final Ceiba's Incompatibility with the Re...
--
Marta J. Bulaich
+1 415 816 1665
@martahari

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones Ceiba’s Incompatibility
with Adjacent Industrial
and Residential Zones
Submitted by:

Marta Bulaich
March 14, 2023
1

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones Introduction
This presentation details the City of Watsonville’s failure to present necessary findings to justify a proposed zoning map amendment for Ceiba Charter School, including failures to:

1. Establish compatibility

2. Provide safe and efficient movement of traffic

3. Meet parking requirements

4. Preserve neighborhood protection

5. Preserve existing neighborhood quality

6. Provide safe environment for youth
For the past decade, Ceiba and the City of Watsonville have placed students, neighborhood stakeholders, and all drivers traveling on public roadways in significant danger. The illegal siting of a school in an incompatible location coupled with zero enforcement regarding traffic, parking, reckless and
irresponsible drop-off and pick-up locations, and multiple nuisances, have resulted in Ceiba being a total blight on the neighborhood. This failure has caused ten years of suffering to the neighboring community. Moreover, the proposed
Conditions of Approval fail to mitigate the ongoing hardship to both the residential and industrial stakeholders.
2

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones City Staff’s “Cropped”
Watsonville’s Zoning Map
Failure to Adequately
Identify Adjacent
Industrial Uses
3

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 28, 2023 [Zoning Map]
Description:

The City of Watsonville Zoning map presented by City Staff.

Due to the map being severely cropped, this slide fails to accurately depict Ceiba’s incompatibility with adjacent businesses, agriculture, and industrial companies. The
City of Watsonville Zoning Map on the following page shows this rezoning is the worst form of spot zoning.
4

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones City of Watsonville Zoning Map
5

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 209 Locust Street:

Oliveira Plastering - Family
business, that specializing in lath,
exterior cement plaster and fine
interior plaster finishes. Heavy truck
use and propane tanks during
school hours.
135 Walker Street
Richard Hammond Company - is
listed as a toxic site on the
California Department Toxic
Substance Control Envirostar
website. Land restrictions list that
public and private schools for
persons under 21 are prohibited.
270 W. Riverside Drive:

Golden Brands is a beverage
distribution business primarily
focused on alcoholic beverages.

They provide the largest assortment
of beers in the country, and a
growing number of specialty spirits.

Including the best-selling brands.
25 Sakata Lane
Lakeside Organics
Agriculture distribution with 100
trucks daily and 13,000 pounds of
ammonia onsite at all times.

Incompatible with Adjacent Industrial Stakeholders - Propane truck use, alcohol distribution, toxic sites, and hazardous chemicals 6

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones

TRAFFIC
● LEVEL F CONGESTION
● UNSAFE DROP-OFF AND

PICK-UP LOCATIONS
● BLOCKED DRIVEWAYS
● INCOMPETENT CROSSING
GUARDS

PARKING
● USURPED BY CEIBA STAFF

AND STUDENTS
● PARENTS ROUTINELY

DOUBLE-PARK
● CITY WAIVED

REQUIREMENTS
NUISANCES:
● ODORS
● TRESPASSING
● VIOLENT BEHAVIOR
(SPITTING ON AND

TRIPPING NEIGHBORS)

MOBILE FOOD VENDOR

VIOLATIONS IN THE EXCLUSION
ZONE
Incompatible with Adjacent Residential/Business Stakeholders - Traffic Congestion, Parking Impact, and Nuisances
7 TRASH ENCLOSURES
ADJACENT TO RESIDENCES:

CEIBA HAS FAILED TO

PROPERLY SECURE AND

MAINTAIN THEM

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones Condition 28:

Safe Routes to
School (“SRTS”)
8

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 28, 2023
Summary:

Despite being sited in an industrial zone and having had the only student pedestrian accident in the PVUSD, Ceiba has implemented marginal Safe Routes to School plans, including photoshopping a walking map.

The City’s Condition 28 continues to place students,
neighborhood stakeholders, and all drivers who use public roadways in danger. It sets forth no minimum standards for Ceiba’s SRTS and merely states that Ceiba needs to prepare one. There is no way to ensure that it is sufficient, especially given the dangers Ceiba presents to the community.

In fact, Ceiba’s latest submission is the most dangerous to date. It shows students walking eastbound on Highway 129 towards Locust Street (which would only be via a parent dropping off/picking up a student in a 45 MPH zone). It also instructs parents to drive to Ceiba from Riverside Drive, which will result in parents dropping off/picking up students in the middle of the street or causing congestion by needing to make a left turn into the school facility.

Description:

City Staff Report Condition of Approval 28
9

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 11 February 28, 2023
Summary:

In this email, Riutta highlights the biggest sources of congestion. The shortcomings in Conditions of Approval 28, 29, 30 and 46 will further contribute to the congestion.

Description:

Email dated July 18, 2022 from Katie Riutta from Hexagon Transportation Consultants (Hexagon) to Elizabeth Sanborn Falcon and Josh Ripp re Ceiba School Traffic Operations Study 11

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 12 Condition 29:

Ongoing Reckless
and Irresponsible Use
of a High Speed
Facility (Highway 129)
for Student Drop-off
and Pick-up
12

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 14 February 28, 2023
Summary:

This condition, as written, is completely unenforceable and dangerous. Principal Josh Ripp stated to the Pajaronian that beginning February 21st, the School has instructed parents to stop using Highway 129. However, parents still drop off/pick up students here. Moreover, the City and School have failed to provide an alternative to the reckless and irresponsible pick-up and drop-off protocol. Given that the traffic loop has never worked and and alternative drop-off and pick-up locations have not had any traffic analyses, this is a serious issue which will inevitably result in significant traffic congestion to the community.

Also, parents continue to block driveways and drop off and pick up students in the middle of the street.

Description:

City Staff Report Condition of Approval 29
14

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 15 February 27, 2023 3:16 PM
February 27, 2023 3:16 PM

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 16 September 29, 2022
Summary:
“I want to say that we have been working with the school and we have been seeing all of the improvements that have
been made, especially in dropping off and picking up your kids in the morning, so I want to thank you all for that. Let’s keep it up let’s keep up the good work.” - Suzi Merriam (Emphasis added)
Description:

During the September 29, 2022 Information and Listening Session, City Staff Applauded the New Drop-off and Pick-up Protocols (Highway 129 and other locations scattered across the industrial zone).
16

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 17 February 24, 2023
Summary:

These two traffic reports highlight the history and dangers of Ceiba’s placement in an industrial zone. Of particular note is the crosswalk on Highway 129, which poses a threat to
students, neighborhood stakeholders, and all drivers traveling on Highway 129. These traffic studies are in the Agenda Packet.

Description:

Traffic Reports submitted by registered traffic engineers James Jeffery and Grant Johnson on February 24, 2023
17

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 18 October 3, 2022
Summary:

These email exchanges discuss the safety question regarding Highway 129, which was posed during the September 29, 2022 City of Watsonville and Ceiba Co-Sponsored “Information and Listening Session.”
In this exchange, Gonzalez states that the question regarding the safety and appropriateness of the student drop-off and pick-up location on a State Highway was a “baited question.” The exchanges also refer to the citizens concerned about the safety of the community as “non-supportive residents.”
Given the history and mindset of City Staff, we anticipate enforcement of Highway 129 to be non-existent, despite the severe and imminent threat to all travelers in the Monterey Bay region.

Description:

Email exchanges dated October 3, 2023 with Adolfo Gonzalez, Murray Fontes, and Maria Esther Rodriguez regarding
Thursday, 09/29 CEIBA Mtg
18

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 1919

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 20 Condition 35:

Ongoing Reckless
and Irresponsible Use
of Highway 129,
a Highspeed Facility,
for Student Drop-off
and Pick-up
20

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 21

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 22 February 28, 2023
Summary:

This condition promotes significant danger on Highway 129. It establishes a no-parking zone on Highway 129 between Walker Street and Locust Street, but fails to address Highway 129 from Locust Street to Harvest Drive. This area is a marked 45 MPH zone, which is where many Ceiba parents drop off and pick up their students, posing a significant danger to all students, neighboring stakeholders, and any drivers traveling on public roadways.

Description:

City Staff Report Condition of Approval 35
22

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 23 Condition 30:

Crossing Guard
Training
23

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 24 February 28, 2023
Summary:

Ceiba’s crossing guards have been an ongoing danger to the students, neighborhood stakeholders, and all drivers using public roadways. The Condition requires training of crossing guards, but fails to set forth any standards for that training.

There is no way to ensure that the training will be even marginally adequate. Moreover, crossing guards are rarely placed on Walker Street, which is the street where two Ceiba students were hit in the industrial zone.

Description:

City Staff Report Condition of Approval 30
24

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 25 February 28, 2023
Description:

Pajaronian Issue for March 3-9 showing the crossing guard doing nothing as parents pick-up students in the middle of a street on a rainy day.
25

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 26 Condition 46:

Bicycle Program
26

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 27 February 28, 2023
Summary:

There are no bicycle lanes on Highway 129 or Locust Street.

The Hexagon Traffic Operations Study dated June 2022 only showed one bicyclist entering the school.

Moreover, as reflected in James Jeffery’s Traffic Report dated February 21, 2023, students illegally ride bicycles on the sidewalk and do not wear helmets, creating a dangerous
situation for students, neighborhood stakeholders, and all drivers traveling on public roadways.

Description:

City Staff Report Condition of Approval 46
27

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 28 Condition 33:

This Work Has
Already been Done
Without an Architect
or Permit
28

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 29 February 28, 2023
Summary:

Description:

City Staff Report Condition of Approval 33
29 The following photos illustrate that this work was in progress in July 2022.

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 3030

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 35 July 29, 2022
Summary:

Description:

Email dated July 29, 2022, between Nick Bulaich and Suzi Merriam and Justin Meek re Ceiba construction work
35

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones Summary:

During this meeting, former Ceiba Operations Manager Daniel Ornelas discusses the latest facility construction work with Ceiba’s Board.
“On top of that, we got some work done on the exterior of our facility, some work that will help us with some of the requirements that the City would like for us to do for that permit. They poured a new sidewalk and curb for our
students as well as this crosswalk area right here in front of our patio. So they they poured in did all this in a matter of a week and a half. They put the asphalt down.”
August 9, 2022
Description:

YouTube video from Ceiba’s Board Meeting [Start at 8:20] https://www.youtube.com/watch?v=fl7pg3TVM5o
3636

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 37 August 9, 2022
Description:

Slide from the Ops Report during the August 9, 2022 Ceiba Board Meeting
37

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 38 Summary:

In this letter, Assistant Community Development
Director/Building Official Rob Allen, sent a letter to Josh Ripp regarding construction without necessary building permits.

Allen notes that, “Failure to secure the required permits for such work places the school in severe liability and risk as well as completing this work without determining adopted code
compliance.”
Allen adds that “It is further understood that these actions may have caused a change to storm water drainage patterns on the property.”
Allen concluded with, “Within 60 days, please submit plans tp [sic] legalize the walkway, or have the improvements removed.” It is unclear if Ceiba ever secured a permit.

August 23, 2022
Description:

Letter dated August 23, 2022, from Rob Allen to Josh Ripp re accessibility improvements to Ceiba’s site without the
necessary building permits
38

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 3939

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 40 Summary:

In these exchanges Ceiba Architect Lou Bartlett noted he was unaware of Ceiba’s construction on the main entry. The letter includes a reference to Sherry Selden, an employee at Selden & Sons, who noted that the “City Bldg. Dept. was not told about the new walkway.”
Bartlett also indicated that that he would meet with Sherry and Will Selden to “see the installation and help decide how to proceed with the City whom I think they are in contact with regarding establishing an “after the fact” permit for what they did.

September 13, 2022
Description:

Emails dated September 13, 2022, between Lou Bartlett, Josh Ripp and Elizabeth Sanborn re Check-in Encroachment Permits 40

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 43 Ceiba’s Construction
Spending Campaign
for Expansion Further
Degrades Traffic,
Parking, Safety, and
Adversely Impacts
the Neighborhood’s
Quality of Life and
Property Usage
43

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 44 Summary:

Ceiba spent nearly a nearly $400,000 on construction with Selden & Sons, including unpermitted work.
2022-2023
Description:

Ceiba Warrants from January 2022 to Present. These show the dollars spent even when the school had an expiring Conditional Use Permit
44

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones Summary:

During this meeting, Principal Ripp discusses the latest facility construction work and highlights the Hexagon Report goal to have the City accept the midblock crosswalk directly in front of the driveway. (This would be very useful for Ceiba’s expansion plan to connect to the Chevron Properties.) Ripp also mentions Ceiba Cares picking up trash a few times and the outreach to the community. No stakeholders we know of were contacted.

Most importantly, Ripp highlighted that “For all of the upgrades we have done, the City has signed off on those to say yes we are going to do a remodel we need to have permission to do this and that and so they have been notified of
everything we have been doing to make our school into a school, basically.” [Emphasis added]
Ripp also states to his board that there is precedent for Ceiba to be in a different zone. There are no other PVUSD schools in an industrial zone.

June 13, 2022
Description:

YouTube video from Ceiba’s Board Meeting [Start at 45:07] https://www.youtube.com/watch?v=SaiNgf6h9fc&t=1961s
.
8686

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 87 Hexagon Registered
Engineers Failed to
Independently Verify
Material Data in
Ceiba’s Parking Study
Other Irregularities
Regarding Parking
87

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 88 Background
Hexagon was retained to conduct a parking study on behalf of Ceiba. According to the State of California Education Board, in 2021 Ceiba had the following grade distribution (Source: Ed-Data).

Year 6-8 9-12 Total Grade 6 Grade 7 Grade 8 Grade 9 Grade 10 Grade 11 Grade 12 2021-2022 226 285 511 72 70 84 83 75 62 65
The scope of the project was presented to Hexagon by a licensed real estate broker, Elizabeth Sanborn Falcon (Falcon) of Benchmark Realty Advisors, retained by Ceiba.

On May 27, 2021, Falcon, on behalf of Ceiba, submitted an application to the City of Watsonville for a General Plan Map Amendment (to change the site’s land use designation from Industrial to Public/Quasi-Public), Zoning Map Amendment (to change the site’s zoning designation from IG to N for Institutional), and Special Use Permit (App. No. 1737) to allow the existing school use to remain permanently. Falcon sent Hexagon an email dated October 8, 2021 stating she was working on a “CUP Amendment.” She also defined the scope of the project and provided materially false statements.

In response to Falcon’s request, Hexagon produced a memorandum, dated November 4, 2021, signed by registered traffic engineer Oliver Zhou (License Number TR 2857) and Hexagon Planner Katie Riutta. It was addressed to Falcon with the subject "Parking Study for Ceiba College Preparatory Academy, Watsonville, California." The Memorandum is full of many false statements and data points from Falcon’s email that Mr. Zhou utilized verbatim in his report. He failed to independently verify these statements, validate the parking spaces on the site plan, and consequently, misled the public in a material land use decision.

In the email exchange between Elizabeth Sanbon Falcon with Ollie Zhou dated October 25, 2021. Falcon instructs Zhou:

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 89 Hi Ollie, please be sure and read all the way down the e-mail chain so you are clear on the project information.

The following shows Falcon’s predicating statements and then Zhou’s resulting statements and explains why they are false:

False Statement #1:

Falcon’s Statement in her email:
“Student driving is prohibited per existing CUP and school policy.” Zhou’a Statement on Page 1, Paragraph 2 of his Memorandum emphasizes:
“It should be noted that student driving is prohibited per the existing CUP and school policy.”
This is false. The CUP does not state that student driving is prohibited. Condition 21 of the CUP states the following,
Students shall not be allowed to park at the facility. (WPD) The school policy does not “prohibit” driving. On page 26 of Ceiba’s 2021-2022 Family Handbook, it states:

Parking on campus is reserved for staff, parent/guardians and visitors. Students who drive must park off campus.

Falcon False Statement #2
Falcon’s Statement in her email:
“The site has 61 spaces. Site Plan attached.”
Zhou’s Statement, Page 1. Paragraph 2 of his Memorandum states:
“The site has 61 spaces.”
This is false. It appears that Zhou never visited the site. Had he viewed he would have seen that 8 of the spaces are designated playing areas. Instead of independently validating the parking count, Zhou used the

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 90 false figure provided by Ceiba. This misinformation was also clarified by City Planner Justin Meek (Meek) in an email to Elizabeth Sanborn Falcon on December 22, 2021. In the email, Meek states the following:
“The updated Existing Site Plan indicates that there are 63 stripped [sic] parking spaces, including three ADA accessible spaces. This is inaccurate.

The area shown as spaces 50 through 57 is not used for parking. Rather, there are existing pavement markings for use by children as an outside play area. The Existing Site Plan needs to be revised to reflect that this area is not being used for parking vehicles but instead for recreation.” Additionally, this parking count discrepancy was clarified by Meek, in an email dated July 27, 2022 to Nick Bulaich, a lifelong resident of Locust Streetl. Meek acknowledges the shortcoming in Zhou’s parking spaces count, specifies that spaces #50-57 are not striped and are play areas and that the site “does not provide parking spaces that meet city standards.” (The parking spaces figure continues to change. It is unclear what parking spaces are legal.)
Falcon False Statement #3
Falcon’s Statement in her email:
“Watsonville city code calls for 1 space per staff member plus 20 additional.” Zhou’s Statement, Page 1. Paragraph 1 of his Memorandum states:
“The Watsonville Municipal Code requires one space per staff member plus 20 additional spaces.”
This is false. Watsonville Municipal Code Section 14-16.803(6)(ii) states that the City’s parking requirements for education facilities (public/private) are as follows:

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 91 (i) Definition: Buildings and uses for public or private educational or research activities associated with an academic institution which has a curriculum for technical, vocational training, or higher education.
(ii) Parking requirements:
(aa) Elementary or junior high school, one space per employee plus one space for every twenty (20) students of school design capacity. (bb) High school, one space per employee plus one space for every seven (7) students of school design capacity.

As stated above, in 2021 Ceiba had 226 middle school students and 285 high school students. Per the Watsonville Municipal Code, the parking requirement would be 63 spaces (1 space per employee), plus 11 spaces (1 space per 20 middle school students), plus 40 spaces (1 space per 7 high school students), for a total requirement up to 114 spaces, not 83.

Falcon’s statements are false, and Zhou, as a registered traffic engineer, was ethically obligated to properly examine them. Had Zhou done so, he would have discovered the falsification and then provided competent criticism. Instead, Zhou included Falcon’s false statements in his Memorandum, which falsely concluded that Ceiba had sufficient parking available to support the school’s current parking needs.

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“The school currently has 63 staff members and 61 parking spaces on-site.

Based on the City’s parking standards, the school is required to provide 83 parking spaces (one space per staff member plus 20 additional spaces).

Thus, the school is currently 22 spaces short of this requirement.” As noted in the calculation above, the school is currently up to 61 spaces short (possibly more) of this requirement, nearly 3x more than Zhou calculated.

Zhou did not count student parking:

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“The peak parking demand observed at the Ceiba College Preparatory Academy was found to be 60 vehicles, which is fewer than the existing supply of 61 spaces. Therefore, the existing parking supply is sufficient to support the peak parking demand.”

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 92 Conclusion
The work performed by Zhou and Hexagon on the
referenced parking study is seriously defective and
deceptive. It presents unquestionably false information as having been verified by the Hexagon Staff. Their false
information was presented to the Watsonville Planning
Commission on April 5, 2022 for the purpose of influencing a land use vote. That same false information was also
presented to the Watsonville City Council on February 28, 2023 to influence that vote as well.

Additionally, the scope only covered the southern block of Locust Street. This is inadequate as the parking overspill occurs throughout the neighborhood. Meek should have
noted that defect in the study.

The National Society of Professional Engineers’ Code of Ethics states that engineers shall issue public statements only in an objective and truthful manner. The integrity of the engineering profession depends on ensuring that all engineers adhere to the highest ethical standards.

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones October 7 - December 22, 2021
Summary:

In these emails, Elizabeth Sanborn Falcon repeatedly
misstates facts. Hexagon team failed to independently
verify any of the data.

Also, Justin Meek alluded to a “traffic demand study”,
but one was never conducted.

Description:

Emails exchanges between Hexagon, Elizabeth
Sanborn Falcon, Ollie Zhou, Josh Ripp, Gary Black,
Katie Riutta, Michelle Hunt, and Justin Meek regarding
the Hexagon Parking Study
93

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones May 7, 2022
Summary:

In this slide, Ceiba’s response to the Watsonville Planning Commission Concerns regarding Parking is to:

1. Acquire additional parking

2. Encourage students to park further away from school.

Students routinely impact other neighborhoods by using parking areas needed by neighboring stakeholders. Hexagon, Ceiba, and the City of Watsonville have never done a legitimate parking study.

Description:

Slide from Ceiba’s Town Hall Meeting.
108

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones August 16-18, 2022
Summary:

In these letters, Ripp misleads government authorities by stating “Ceiba implemented a traffic plan that resulted in there being virtually no traffic back-up on Locust, reached out to our neighbors through a Ceiba Cares community group, and
acquired additional parking spaces to address the parking concerns.”
The reality is that Ceiba dangerously scattered the student drop-off and pick-up activity along Highway 129 and all over the industrial zone. It made no outreach to impacted stakeholders, nor did it acquire any additional parking.

Description:

Email exchanges dated August 16, 2022 and August 18, 2022, from Josh Ripp to the PVUSD and Santa Cruz County Board of Education Re Ceiba College Prep- Zoning Issue
110

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones October 28, 2022
Summary:

In these emails, Ripp advocates for AB 2097 to apply to Ceiba, since Ceiba is incapable of meeting its parking
requirement.

Sanborn shares her conversation with Suzi Merriam and
Justin Meek, and adds:
“If they are not going to fight us on the per student
parking requirement then there is no need to fight
them on this at this time, but I still think we fall under the definitions under 21064.3 section C highlighted on
the attached.” [Emphasis added]
It is clear that the City of Watsonville had planned to waive Ceiba’s parking requirement, despite the fact that Ceiba DID NOT acquire additional parking spaces.

Description:

Email exchanges dated October 28, 2022 from Josh
Ripp to Elizabeth Sanborn re FW: Couple of things re
Ceiba
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones November 28, 2022
Summary:

In this email, Miles Dolinger urges the City to reconsider the City’s analysis and position about the application of AB 2097 to Ceiba’s application and provides his analysis.

Description:

Email dated November 28, 2022 between Ceiba attorney, Miles Dolinger and Justin Meek re Ceiba Preparatory Academy; AB Parking Exception
119

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 1, 2023
Summary:

In this letter, Bazzano reiterates City staff’s determination that AB 2097 does not apply to the currently pending Ceiba
application and provides Dolinger with the basis for the City’s determination.

City Staff still waived Ceiba’s parking requirement.

Description:

Letter emailed on February 1, 2023 from Denise Bazzano (City of Watsonville Attorney) to Miles Dolinger re Application of AB 2097 to Ceiba Preparatory Academy (*Ceiba”)
122

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 129 City of Watsonville
Did Immediate
Nuisance
Enforcement When
Ceiba was Located
Adjacent to City Hall
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones October 22, 2011
Summary:

In this email Nathalie requests a “meeting with CEIBA principal and [sic] Tom Brown to discuss several issues related to the CEIBA students including the issues you’ve had at the library.” Description:

Email dated between October 22, 2011, Nathalie Manning to Carol Heitzig with a cc: to Carlos Palacios re CEIBA
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones October 31, 2011
Summary:

In this email Monica tells the recipients:
“If you see any of the Ceiba kids messing around in the building please send Tom Brown a text message, he is one of the
administrators for Ceiba.”
Description:

Email dated October 31, 2011, from Monica Florez to Frances Delfino, Patty Flemate, Elizabeth Padilla, Nathalie Manning, and Tamara Vides re Ceiba Kids
132 132

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 7, 2012
Summary:

In this email Monica tells Tom Brown:
“In our Safety Committee meeting last week, a concern was raised about the CEIBA students and the use of frisbee’s [sic]. The students have apparently been using frisbees and they’ve been landing on the lower roof located over the basketball courts of the Youth Center. Apparently a few students have been taking it upon themselves to retrieve the frisbees by climbing the fence surrounding the
basketball court and climbing on top of the top of the roof to get the frisbees…Would you please address this safety
concern with the teachers and students.”
Description:

Email dated February 7, 2012 Elizabeth Padilla to Tom Brown re Safety Concern for CEIBA Students
133 133

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones March 28, 2013
Summary:

In this email Tom Brown raises concerns about “tensions brewing over parking at Porter.”
It is notable that Ceiba feels entitled to secure its parking spaces, but refuses to grant the same to the neighborhoods which it impacts.

It is notable that the City waived Ceiba’s parking requirements.

Description:

Email dated March 28, 2013, from Tom Brown to Marcela
Tavantzis re City Employee Parking in Ceiba Lot
135 135

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones April 1, 2013
Summary:

In this email Tom Brown raises concerns a vehicle using one of his parking stalls.

The City reacted quite swiftly to the concerns.

Description:

Email exchanges dated April 1, 2013, from Tom Brown to
Marcela Tavantzis re Red Mustang in Ceiba Parking Stalls 137

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 139 Zero Enforcement
Degrading Neighboring
Stakeholders’ Quality of
Life
After Ceiba relocated to 260 W.

Riverside Drive, the City of
Watsonville did no enforcement
against Ceiba, adversely impacting
the quality of life for residences and
and businesses sited in this
harmonious, working class, migrant,
residential-industrial neighborhood.
139

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones September 12, 2014
Summary:

In this email Tom Brown comments that “I hope this find you well and that Ceiba’s relocation has made things a little easier around City Hall.”
Maria Esther Rodriguez notes that she had “a few people comment to me about traffic on Locust and Walker and the crossing guard locations along Second Street.”
No action was taken.

Description:

Email exchanges dated September 12, 2014 between
September 15, 2014 with Tom Brown and Maria Esther
Rodriguez Re Traffic and Parking at Ceiba 260 Riverside 140

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones December 15, 2015
Summary:

In these emails Maria Esther Rodriguez notes that she received complaints about drop off around the school. “The biggest concern is when parents drop off on Locust - across the street from the school and kids are crossing in the middle of the street which is not safe and can put these pedestrians at risk.” “Additionally, I have heard that there is a crossing guard that has been seen stopping traffic mid-block across the driveway entry. Please note that ‘directing traffic’ is not legally allowed by non-traffic individuals.”
Rodriguez provided a flyer.

It appears no other action was taken by the City or Ceiba.

Description:

Email exchanges dated December 15, 2015 between Tom
Brown and Maria Esther Rodriguez Re Ceiba - drop off/pick up concerns
142

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones July 28, 2021
Summary:

In this memo, Carmona lists only complaints starting in 2019.

These complaints include major traffic nuisances, smell of garbage and rotten food, unsafe conditions, parents picking up students on Locust Street and blocking driveways; major traffic nuisances and unsafe conditions at the intersection of Locust Street and Riverside Drive in the a.m. and p.m. (Contrary to Ceiba’s narrative, none of these complaints were made by members of the Bulaich Family.)
Not included in this were the multiple complaints submitted regarding the Mobile Food Vendor violating the enforcement zone and blocking driveways.

No enforcement actions were taken. These issues still
happen today and will NOT be resolved with the City’s
anemic Conditions of Approval.

Description:

Memo to Justin Meek from Ivan Carmona re 260 W Riverside Drive - Calls received from the public regarding CEIBA
144

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones August 11, 2021
Summary:

In this emails, Rodriguez addresses residents’ concerns about odors and recommended language for this.

No action has ever been taken on this nuisance to the
neighbors. Because Ceiba has an open campus, the public routinely uses its garbage cans during the evening and
weekends further exacerbating the issue.

Also in these emails, Rodriguez suggests required upgrades to corner crossing near the school - “since it will be a permanent location.”
Description:

Email exchanges between July 28, 2021 and August 11, 2021 with Maria Esther Rodriguez, Adolfo Gonzalez, and Justin Meek re Memo - 206 [sic] W Riverside Drive
146

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones April 19, 2022
Summary:

In this emails, Rodriguez shares a voicemail from a concerned resident near CEIBA school expressing her issues with the school at this location.

Meek responded stating that he will call the resident and say “that the conditions are intended to address parking, traffic congestion, and safety concerns.”
The proposed Conditions of Approval do not present functional solutions to the structural parking and traffic problems and continue to place students, neighboring stakeholders, and drivers at risk.

Description:

Email exchanges between April 19, 2022 between Justin Meek, Suzi Merriam and Maria Esther Rodriguez re Voicemail from pEXTERN
151

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 153 Watsonville Police
Department Reported
Incidents Involving
Ceiba Students
153

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 2, 2022
Summary:

These email exchanges chronicle criminal and violent activity on Ceiba’s campus including marijuana sales, fights, bullying, a student bringing a bullet to campus, and parents filing an assault charge against students.
(Not included in these reports are references to any rape threat, students spitting on or attempting to trip neighbors, and other intimidation and retaliation against neighboring stakeholders.) Description:

Email exchanges dated November 22, 2019 to February 2,
2022, between Sgt. Charles Bailey and Josh Ripp re video footage, bullying, fights, and marijuana sales
154

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones January 2022
Summary:

Details of complaints or calls for assistance made to the Watsonville Police Department. Calls include (1) report of a possible school shooting; (2) fights (3) nude photos sent to minors; (4) attempted suicide; (5) threat of a school shooting; (6) student exposing himself; and (7) a knife brought to school.

Description:

PRA 22-44 from Watsonville Police
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 163 Ceiba Emails
Detailing Numerous
Nuisances
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones July 25, 2022
Summary:

In this email Elizabeth Sanborn informs Josh Ripp that parents frequently block Oliveira’s driveways on Locust Street and Riverside Drive. She also instructs Josh Ripp to instruct parents “to move if they see someone trying to get in or out of the Oliveira gate. Also please emphasize that they are not to be dropping off on Riverside Drive.”
Description:

Email exchange dated July 25, 2022 between Elizabeth
Sanborn and Josh Ripp re Oliveria Plastering
164

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones May 9, 2022
Summary:

In this email Alison Sickler expresses concerns and challenges about how to address problematic Ceiba student behavior in the local neighborhood.

Additionally, one student volunteered that she agrees with the accusations on the basis of something she witnessed including seniors trespassing and encouraging others to kick the dog.

Description:

Email exchanges dated May 9, 2022 between Alison Sickler and Admin2 team at Ceiba re Ceiba Students abusing
neighbor’s dog
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones January 24, 2022
Summary:

In this email Harrah details an incident where Ceiba students trespassed E.A. Hall Middle School and used profanities against the Principal. Police were involved. It is unclear how this resolved.

Description:

Email exchanges dated January 24, 2022 to Josh Ripp from David Harrah, Principal of E.A.Hall Middle School re Following Up on Trespassing Students
168

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones April 11, 2018
Summary:

In this email Mike Rich details an incident involving a student attempting to enter the school lot with his vehicle.

Description:

Email exchanges dated April 11, 2018, between Mike Rich and Josh Ripp re Student automobile incident
170

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones September 6, 2016
Summary:

In this email Kate details “back up on Riverside, nobody coming through the parking lot, hard to get down Locust because of people dropping kids on the street, etc.”
Description:

Email exchanges dated September 6, 2016 between Kate
Watkins, Jen Block and Josh Ripp re Morning Traffic Patterns 172

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones August 7, 2015
Summary:

In this email Millar describes parents stating that “neighbors were taking photos of students in the morning.”
Tom Brown noted that “Ceiba’s impact on the community
(neighbors on Locust street, Patrons at Second Street Cafe, Library staff) is under constant surveillance.” Brown also described other nuisance incidents with students misbehaving in the parking structure, the Library and Second Street Cafe.

Description:

Email exchanges dated August 7, 2015 between Annie Millar, Tom Brown and Josh Ripp re We’ve had a few parent concerns today
174

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones February 4, 2015
Summary:

In this email Christal supports Riverside as a drop off “especially after seeing the amount of students dodging cars on Locust. I am concerned it is an accident waiting to happen.” Description:

Email exchanges dated February 4, 2015 between Christal Moore and LTM Re Riverside Drop Off
176

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 177 Summary:

LCAP
Ceiba experienced a high rate of teacher turnover during the 2021-22 school year with six of 30 faculty departing in the first quarter of 2022-23. Teachers presented suggestions to reduce teacher turnover in March to the Ceiba board of directors that included developing a formal process to address faculty concerns, reduce student bullying or hazing of new Ceiba teachers, and reducing teacher movement between
classrooms whenever possible.
(Emphasis added)
June 7, 2022 [Bullying]
Description:

Ceiba LCAP report highlighting bullying and hazing issues and teacher turnover.
177

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 178 Summary:

Chart that details the turnover at Ceiba
December 2021
Description:

December 2021 Staffing Update Report that shows high
turnover at school.
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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 179 2021-2022
Description:

Suspensions at Ceiba were 9.78% and Expulsions at 1.17% in the academic year 2021-2022
179

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 180 Governmental
Irregularities
180

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 181 Summary:

In this email Ceiba Principal Tom Brown is actively recruiting a City employee for his Board prior to a significant land use decision.

February 13, 2013 [Ceiba Board]
Description:

Email dated February 13, 2013, from Tom Brown to Hilda
Gonzalez regarding Checking In.
181

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 183 Summary:

In this email Ceiba Principal Tom Brown is actively recruiting a City employee for Ceiba’s Board prior to a significant land use decision. Gordo became a board member.

May 26, 2013 [Ceiba Board]
Description:

Email dated May 26, 2013, from Tom Brown to Gabriel Gordo regarding Board Participation
183

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03/14/2023 Ceiba - Incompatibility with the Industrial & Residential Zones 185 Summary:

Given the issue regarding the distribution of Superintendent Michelle Rodriguez’s February 13, 2023 letter addressed to the Watsonville City Council, I submitted the attached letter to the PVUSD Board of Trustees.

March 8, 2023 [PVUSD]
Description:

Letter dated March 8, 2023 from Marta Bulaich to the PVUSD Board of Trustees Re PVUSD Response to Ceiba College
Preparatory Academy Rezoning Petition
185

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3/14/23, 11:29 AM City of Watsonville Mail - Letter to Council-March 14, 2023 Meeting-Agenda Item 10.l--Request for denial of Second Reading Ceiba https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permmsgid=msg-f%3A1760363181933007360&simpl=msg-f%3A1760363181… 1/1 Irwin Ortiz <[email protected]>
Letter to Council-March 14, 2023 Meeting-Agenda Item 10.l--Request for denial of Second Reading Ceiba
nick bulaich <[email protected]> Tue, Mar 14, 2023 at 9:59 AM To: Irwin Ortiz <[email protected]>
Dear Irwin: Attached is a letter (12 pages with two attachments) that I want to be added to the City Council March 14, 2023 Agenda Packet for Agenda Item 10.l (rezoning for Ceiba school). Please distribute to all the appropriate departments.

If you have any questions, feel free to contact me.

Thank you,
Nick Bulaich
(831) 840-3577
Ltr to Council-Request of Denial Second Reading-Ceiba-Meeting March 14_2023.pdf 3178K

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3/14/23, 10:01 AM City of Watsonville Mail - March 14, 2023 Watsonville City Council Meeting - Agenda Item 10.1 https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permmsgid=msg-f%3A1760355388439668292&simpl=msg-f%3A1760355388… 1/1 Irwin Ortiz <[email protected]>
March 14, 2023 Watsonville City Council Meeting - Agenda Item 10.1 James Wells <[email protected]> Tue, Mar 14, 2023 at 7:54 AM To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Marta Bulaich <[email protected]>, Elise Cossart-Daly <[email protected]> Dear City Council,
Please find attached additional comments and supporting documents on environmental matters related to the Ceiba Academy matter to be addressed at today’s council meeting. We provide these comments on behalf of neighborhood stakeholders.

Jim Wells, PhD, PG
LEA Environmental, Inc.
220 West Gutierrez Street
Santa Barbara, CA 93101
805-880-9302 (office)
805-570-0267 (mobile)
www.everettassociates.net
Jim Wells, PhD, PG
LEA Environmental, Inc.
220 West Gutierrez Street
Santa Barbara, CA 93101
805-880-9302 (office)
805-570-0267 (mobile)
www.everettassociates.net
LEA_2023_03_Follow-up_Letter_re_School.pdf
18242K

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220 West Gutierrez Street • Santa Barbara, California 93101 805-880-9302
March 13, 2023
Watsonville City Council
City of Watsonville
275 Main Street, 4th Floor
Watsonville, CA 95076
Subject: Rezoning for Ceiba College Preparatory Academy - Agenda Item 10.1 - March 14, 2023 Watsonville City Council Meeting
Honorable Mayor Montesino and Members of the Council,
I am writing on behalf of neighborhood stakeholders that retained my firm to evaluate environmental matters in and around the Ceiba College Preparatory Academy. As a follow-up to my February 27, 2023 letter, I respectfully submit the following data and documents for the record, relating to the problematic environmental condition of the Ceiba Academy site and surrounding neighborhood.
• Covenant to Restrict Use of Property, Environmental Restriction for the former CalSpray site.
• Report regarding neighborhood soil conditions and supporting data collected by my team in 2010.
• CH2MHill (on behalf of Chevron), 2002, Remedial Action Implementation Report, 228 Locust Street (Former Cal Spray Site Area 2) Watsonville, CA. • CH2MHill (on behalf of Chevron), 2002, Remedial Action Implementation Report, 228 Locust Street (Former Cal Spray Site Area 4) Watsonville, CA. • CH2MHill (on behalf of Chevron), 2000, Remedial Investigation / Feasibility Study Report, 228 Locust Street (Former Cal Spray Site Area 4) Watsonville, CA. • DTSC, 2020, DTSC, Human Health Risk Assessment (HHRA) Note Number 3:

DTSC-modified Screening Levels.

This school is approximately ½ block from the former California Spray and Chemical Company (CalSpray) which occupied 135 Walker Street in Watsonville, California. In fact, the newly acquired parcel that the school intends to use for a gymnasium was part of the active cleanup of this facility.

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March 13, 2023

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CalSpray, a predecessor of Chevron Chemical Company, was formed in 1907 to produce lead arsenate insecticide spray, principally for apple orchards. Even after cleanup, residual arsenic and lead concentrations were so high that the owner (Chevron) was required to record a land use covenant (attached) prohibiting residential development as well as schools, hospitals and day care centers.

In 2010, I served as an expert in a legal case involving the CalSpray facility. As part of my work in that case, I reviewed all available technical documentation and data regarding soil conditions at the site. I also directed a soil sampling program for shallow soil in the surrounding residential parcels. I found clear evidence of elevated lead and arsenic levels in shallow soil, extending up to 1,000 meters (approximately 0.6 miles) from the former facility. While remedial actions have been conducted at the CalSpray site itself, the responsible party has never cleaned up the offsite impacts.

Thank you for the opportunity to provide this supporting data. Please feel free to contact me if you have questions or would like additional information.

Sincerely,
LEA Environmental, Inc.

James T. Wells, PhD, PG
President
cc: Rene Mendez, City Manager
Suzi Merriam, Community Development Director
Marta Bulaich
Attachments

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IIIIIIIIIIIIIIIIIIIIllllllllllllll
RECORDING REQUESTED BY: I
TheRichardKarnmondCompany,Inc. I 2_;_--O_43_=_7;_
3274 Martin Road I R_eorded RECFEE 76.90
OfficialRecords CONF ,@@
Carmel, California 93923 [ Counl;yOf
j S_NTnCRUZ
RICR_I_RD. _qEQ_L
WHEN RECORDED, MAIL TO: Recorder
Departmentof ToxicSubstancesControl 8LS
Region2 ll..16A_ 19-Jun-_@@2PageI of2-4
700 Heinz Avenue, Suite 200
Berkeley, California 94710-2721
Attention: Barbara Cook, Chief
Northern California Coasta[ Cleanup
Operations Branch
.... SPACE AB()VE THIS LI_ RESERVED FOR RECORDER'S USE

COVENANT TO RESTRICT USE OF PROPERTY

ENVIRONM'ENTAL RESTRICTION
(l_e:APN # 01%162-26 entitled"CaliforniaSpray and Chenlical Company [CalSpray] Site, Watsonvflle, Santa Cruz County, California")
@
This Covenant and Agreement ("Covenant") is made by and between The Richard Karmnond Company, Inc. (the "Covenantor"), the current owner of properb" situatedin Watsonville, County of Santa Cruz, State of California, described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), and the Department of Toxic Substances Control (the "Department"). Pursuant to Civil Code section 1.471(c), the Department has determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials as defined Jn Health and Safety Code ("H&SC') section 25260. The Covenantor and the Department, collectively referred to as the "Pa_,ies", hereby agree that the use of the Property be restricted as set forth in this Coven_tflt.

CaISprayDeedRestriction,May2002

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• _ ,° •
_TICL_

STATEMENT OF FACTS
O 1,01. The Property, totaling approximately 2,5 acres is more particularly described and depicted in Exhibit "A", attached hereto and incorporated herein by this reference. The Property is located at 135 Walker Street in the city of Watsonville, Santa Cruz County, State of California.

A site location map is presented as Exhibit "B'. This property is more specifically described as Santa Cruz County Assessor's Parcel Number 017-162-25. Retired Santa Cruz County APNs 017- 162-20, 017-162-23, 017-162-24, and 017-152-25 have been consolidated into the cun'ent 017-162- 26 parcel.

1.02. Chevron Chemical Company is remediating the Property under the supervision and authority of the Department, The Property is being remediated pursuant to a Removal Action Workplan pursuant to Chapter 6.8 of Division 20 of the H&SC. Because hazardous substances, as defined in H&SC section 25316, which are also hazardous materials as defined in H&SC section 25260, including lead and arsenic, remain in the soil in and under portions of the Property, the Removal Action Work-plan provides that a deed restriction be required as part of the site remediafion.

O The Department circulated the Removal Action Workplan, together vAth a draft negative declaration pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq. for public review and comment. The Removal Action Workplan and the negative declaration were approved by the Department on April 4, 2001. Remediation includes installing and maintaining an asphalt concrete cover ("Cap") over the Capped Property. The Cap consists of base rock, structurally strengthening geotextile material, and asphalt cbncrete, as more particularly described in the engineering drawing attached as Exhibit "C" hereto. The response action also includes the installation and operation of groundwater monitoring wells ("Monitoring Wells"). The Monitoring Well locations are presented in Exhibit "D'. The operation and maintenance of the Cap and Monitoring Wells is pursuant to an Operation and Maintenance Plan incorporated into the Operation and Maintenaqce Agreement between Chevron Chemical Company and th_Department dated May 13,200£
, 1.03. The contaminants of concern in soil and its concentration ranges beneath the asphalt _1_ cap are as follow: lead (2.1 - 11,300 mg/kg) and arsenic (<5 - 21,400 mg/kg). The Department CalSpray Deed Restriction, May 2002

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' .concluded that the Property, as remediated, does not present an unacceptable threat to human safety or the environment, if limited to commercial and industrial use.

Q Groundwater at the property occurs approximately 25 feet below ground surface. Contaminants and the highest detected concentrations in groundwater are as follow: lead (10.5 _g/L), 1,2- dichloroethane (2.4 _tg/L), and arsenic (11 gg/L). 1,2-dichioroethane was detected in only one groundwater sample from a location well outside of the former CalSpray property bounda_).

Volatile organic compounds were also not used dttNng CalSpray operations. Subsequent sampling for pesticides and PCBs indicate no detection. California Drinking Water Standards are lead at 15 gg/L, 1,2 dichloroethane at 0.5 gg/L, and arsenic at 50 _tg/L. The Department concludes that the groundwater does not present an unacceptable threat to human health and safety.

ARTICLE II

2.01. Department. "Department" means the California Department of Toxic Substances Control and includes its successor agencies, if any.
0 2.02. Owner. "Owner" means the Covenantor, its successors in interest, and their successors in interest, inclnding heirs and assigns, who at any time hold title to all or any portion of the Property.

2.03. Occupant. "Occupant" means Owners and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property.

ARTICLE 13/
4' GENERAL PROVISIONS ':
l

3.01. Restrictions to Run with the Land. This Covenant sets forth protective provisions, covenants, restrictions, and conditions (collectively referred to as "Restrictions"), subject to which _0 the Property and every portion thereof shall be improved, held, used, occupied, leased, sold, CalSpray Deed Restriction, May 2002

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'. •hypothecated, encumbered, and/or conveyed. Each and every Restriction: (a) rims with the land pursuant to H&SC section 25355.5(a)(1)(C) and Civil Code section 147I; (b) inures to the benefit of and passes with each and every portion of the Property, (c) is for the benefit of, and is enforceable O by the Department, and (d) is imposed upon the entire Property unless expressly stated as applicable only to a specific portion thereof.

3.02. Bilading upon Owners/Occupants. Pursuant to H&SC section 25355.5(a)(1)(C), _s Covenant binds all owners of the Property, their heirs, successors, and assignees, and the agents, employees, and lessees of the owners, heirs, successors, mad assignees. Pursuant to Civil Code section 1471(b), all successive owners of the Property are expressly bound hereby for the benefit of the Department.

3.03. Written Notice of the Presence oft-Ia_ardous Substances. Prior to the sale, lease or sublease of the Property, or any portion thereof, the owner, lessor, or subleasor shall give the buyer, lessee, or subleasee notice that hazardous substances are located on or beneath the Property, as required by H&SC section 25359.7.

O 3.04. Incorporation into Deeds and Leases. The Restrictions set forth herein shall be incorporated by reference in each and all deeds and leases for any portion of the Property.

3.05. Conveyance of Property. The Owner shall provide notice to the Department not later than thirty (30) days after any conveyance of any ownership interest in the Property (excluding mortgages, liens, and other non-posseasory encumbrances). The Department shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law, by administrative order, or by a specific provision of this Covenant.
.,' ARTICLEIV "
/

RESTRICTIONS

4.0 h Pi'ohibited Uses. The Property shall not be used for any of the following purposes:

I)
CalSprayDeedRestriction,May2002

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L
(a) A residence, including any mobile home or factory built housing, constructed or installed for use as residential human habitation.
(b) A hospital for humans.

O (c) A public or private schoolfor persons under 21 years of age. (d) A day care center for children.

4.02. Soil Management
(a) No activities that will disturb the soil at or below 1 foot below grade (e.g., excavation, grading, removal, trenching, filling, earth movement or mining) shall be allowed on the Property without a Soil Management Plan and a Health and Safety Plan approved by the Department.
(b) Any contaminated soils brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law.
(c) The Owner shall provide the Department written notice at least fourteen (14) days prior to any building, fiiling, grading, mining or excavating in the Property below the O _ound sttrface. ""

4.03. Prohibited Activities. The following activities shall not be conducted at the Property:
(a). Raising of food (cattle, food crops);
(b) Extraction of groundwater for purposes other than site remediation or construction dewatering.

4.04. Non-Irtterference with Cap. Covenantor agrees:
(a) _!Activities that may disturb the Cap (e.g. excavation, grading, removal, trenching, l
filling, earth movement, or mining) shall not be permitted on the Capped Property without prior review and approval by the Department.
(b) All uses and development of the Capped Property shall preserve the integrity of the O Cap.

CalSprayDeedRestriction,May2002

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(c) The Cap shall not be altered without written approval by the Department. (d) Covenantor shall notify the Department of each of the following: (i) the type, cause, i location and date of any damage to the Cap and (ii) the type and date of repair of W such damage. Notification to the Department shall be made as provided below within ten (10) working days of both the discovery of any such disturbance and the completion of any repairs. Timely and accurate notification by any Owner or Occupant shall satisfy this requirement on behalf of all other Owners and Occupants.

4.05. Non-Interfererlce with Gr0_,mdwater Monitoring Wells. Covenantor agrees:
(a) Activities that may disturb the Groundwater Monitoring Wells (e.g. excavation, grading, removal, trenching, filling, earth movement, or mining) shall not be permitted on the Property without prior review and approval by the Department. (h) All uses and development of the Property shall preserve the integrity and physical accessibility to the Groundwater Monitoring Wells.
(c) The Groundwater Monitoring Wells shall not be altered without written approval by the Department.

O (d) Covenantor shall notify the Department of each of the following: (i) the type, cause, location and date of any damage to the Groundwater Monitoring Wells and (ii) the type and date of repair of such damage. Notification to the Department shall be made as provided below within ten (10) working days of both the discovery of any such disturbance and the completion of any repairs. Timely and accurate notification by any Owner or Occupant shall satisfy this requirement on behalf of all other Owners and Occupants.

4.06. Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, monitoring, and other activities consistent with the purposes of this Covenant as deemed necessary by the Department in order to protect the public health or safety, dr the environment.
,. 4.07. Access for Implementing Operation and Maintenance. The entity or person O responsible-for implementing the Operation and Maintenance Agreement shall have reasonable right CalSprayDeedRestriction,May2002

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' of entry and access to the Property for the purpose of implementing the Operation and Maintenance Agreement until the Department detemaines that no further Operation and Maintenance is required.

O ARTICLEV

5.01. Enforcement. Failure of the Covenantor, Owner or Occupant to comply with any of the Restrictions specifically applicable to it shall be grounds for the Department to require that the Covenantor or Owner modify or remove any improvements ("Improvements" herein shall mean all bttildings, roads, driveways, and paved parking areas), constructed or placed upon any portion of the Property in violation of the Restrictions. Violation of this Covenant shall be grounds for the Department to file civil or criminal actions as provided by law.

ARTICLE VI
VARIANCE. TERMINATION. AND TER.M
O 6.01. Variance. Covenantor, or any other aggrieved person, may apply to the Department for a written variance from the provisions of this Covenant. Such application shall be made in accordance with H&SC section 25233.

6.02 Termination. Covenantor, or any other aggrieved person, may apply to the Department for a termination of the Restrictions or other terms of this Covenant as they apply to all or any portion of the Property. Such application shall be made in accordance with H&SC section 25234.

6.03 Term. Unless ended in accordance with the Termination paragraph above, by law, or by the Depar_nent in the exercise of its discretion, this Covenant shall continue in effect in perpetu{ty.

ARTICLE VII
/
CalSprayDeedRestriction,May2002

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7.01. No Dedication Intended. Nothing set forth in this Covenant shall be construed to be O a gift or dedication, or offer of a gift or dedication, of the Property, or any portion thereof to the general public or anyone else for any purpose whatsoever.

7.02. Department Reference_. All references to the Department include successor agencies/departments or other successor entity.

7.03. _. The _ov,enN)tor shall record this Covenant, with all referenced Exhibits, in the County of Santa_ql_ wl_n ten_0) days of the Covenantor's receipt of a fully executed original.

7.04. Notices. Whenever any person gives or serves any Notice ("Notice" as used herein includes any demand or other communication with respect to this Covenant), each such Notice shall be in writing and shall be deemed effective: (1) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served, or (2) three (3) business days after O deposit in the mail, if mailed by United Stj_tesmail, postage paid, certified, return receipt requested:

To Owner:

The Richard Hammond Company, Inc.
3274 Martin Road
Carmel, California 93923
To Department:

Barbara Cook, P.E., Chief
Northern California Coastal Cleanup Operations Branch
Department of Toxic Substances Control
700 Heinz Avenue, Suite 200
Berkeley, California 94710-2721
Any party may change its address or the individual to whose attention a.Notice is to be sent by giving- ,written"Notice in compliance with this paragraph.

7.05. Partial Invalidity. If any portion of the Restrictions or other term set forth herein is 'I1_ determinedby a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been , CNSpray Deed Restriction, May 2002

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included herein.

O 7.06 Statutory_References. All statutory references include successor provisions. I IN WITNESS WHEREOF, the Parties execute this Covenant.

By: U/_-__
Title: The Richard Hatmpond Company, Inc.

Dato: _/,e/ /o,-
Department of Toxic Substances Control
Title: Barbara Cook, P.':'ErChief .,
Northern California Coastal Cleanup Operations Branch
Date: _-yJ_j_-oo'---- '_I_2_ O
_P
/
0 CalSpray Deed Restriction, May 2002

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ALL-PURPOSE ACKNOWLEDGMENT _ _. _
, 7
v_ " evidence to be the person(s) whose name(s)
I is/are subscribed to the within instrument and
" acknowledged to me that he/she/they executed i
ii
the same in his/her/their authorized
r capacity(ies), and that by his/her/their !.
y- ...... _ _'_ signature(s) on the instrument the person(s), r-_FRANKPI 02816 _ " " " •
• 0ff_ co_M.#t2 _lA_ or tlae entity upon behalf of whlcta tiae . (_r_,_NNOTARY pUSLIC-CALIFOR0 m"
I _;_ ALAr_EoACOU_N'rY0.z.., person(s) acted, executed the instru ent. I I I
,* OPTIONAL INFORMATION ,
The informationbelow is not requiredby law. However,it couldprevent fraudulent attachmentof this acknowl- 1 edgmentto an unauthorized document, i
CAPACITYCLAIMEDBY SIGNER,(PRINCIPAL) DESCRIPTION OF ATTACHEDDOCUMENT V. [] INDIVIDUAL
&
I _ IIIL I_ OR TYPE OF DOCUMENT |
i [] PARTNER(S) ,, " i
I r--7 IN FAC sr__ '{
| I I TR ( ) NUMBER OF PAGES y
.; [] GUARDIAN/CONSERVATOR •
[ [--] OTHER: __ !
APA 1/94 VALLEY-SIERRA, Page 521 of 1256 8(10-362-3369
I
STATE OF CALIFORNIA }
OO NTYO Iss.

On ,_. 16" _ , before me, Cathy }4. Bonanno
personally appeared _lO_i't( !'_fT_q_
personally known to me (or provedto be on the basisof 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.

WITNESS my hand and official seat.

Signature (_-_)CLI_J _"_ _J_,( ['(,-.Mk_ (Thisarea for officialnotarialseal) CA CATHYM.BONANNO COMM.# 1296871 m
Om_NOTARY PUBLIC-CALIFORN'A _
_¥--_Ir_ MONTEREY COUNIY ._

2."x,_,,,FCOMM. ' EXP.MARCH12_j,
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED HEADS AS FOLLOWS:

NAMEOF NOTARY Cathy 14. Bonanno .-
DATE COMMISSION EXPIRES March 12, 2005

PLACEOFEXECUTION DATE
(Govt. Code, Sec. 27361.7)
O Signature(FirmNameIfAny)

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EXHIBIT A
9) PROPERTY LEGAL DESCRIPTION
@
O
CalSpray Deed Restriction, May 2002

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"'-- lllltIiltll]lllill!IJlllljfJSll l _CO?_D_NG P..EQUKSTEDBY ACI'L, kN, SKILL{CORN & MA.RINOYICH _ordtd _ SEE 16. Official Re_ords A_qDWHEN RECORDED bbklL TO Co_,q_ Of
EL_CHAN, SK[LLICORN & MARINOVICH RICFifll_ W,
POST OFFICE BOX 309 Rlcordlr
WATSONVILLE CA 95077-0309 _S
_'_ta TI_X STAT_b{EiNTS TO _9;3<Ac_91_]_I Page i af 4
RICHARD H,-M_AONO CO_,tPANY_4C .
3274MAR'rD4RD.

CARMEL CA93923
ga-08_/ecm
SPACEABOY_ Ti-l_ LI_E FOR.RECORDER'SUSE

QUITCLAIM DEED
Docttm¢latarytra._T t_LX{S__j_f_e-_h_mfRnrrt_y..._,me
( ) computed on fullvalueofpmpm'ty conveyed,or
( ) computed on full vakm less li¢'ns and ancumbraace_ rcmam_lg ac dine of._a_c. (X) Incorporatedarea: ( ) CiW'of WatT_onviRc ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby _knowledged, R[_ HAMMONDCOMPANY,iNC.,acm'por_On,formerly CoH'rA.INEREQUIPMENTCOMPANY,ac_q_rafion and CONTAINER EQUrPMENT COMPANY, INC., a corporation
hereby rtmL_s, _l*_e_ and qu_clai.m_ to THE RICHARD HA MMOND COMPANY. INC., a cor_oratlon the following dcsoribed real propc'n7 in the County of Santo C_ State of California:

APN: 017-I 62-26
SEE SCI-IEDULE "A" ATTACHED HERETO AMD THEREFORE b_/ADE A PART HEREOI¢ /
Secretary
STALE OF CALIFOP,.,NLA. ) _,.

COUNTY OF SANTA CRUZ )
Ox%._t_ if-7 , 2001, before me, T.H. SVL,tLLICORN, a Notary P_blie, t:x;r_onal[ya_p,:ar_ RICHARD t:l. HAMMOND and BARBA_.,k I'[A_ONI_, personallyknown io me (orprovedIo me on _hebasisof sadsfacto,'y c_idcac¢)to be the'pcnonswhose name is st_bsc_Jbtocdthew_thiniastruro_mt madacknowlcdgcceoime tha_they_X_utcdthesam , eindarerautho_zed¢apaci__d, thatby theirsi_Srureon the irtS¢'rtument the pers_rd or Ihe entity upon bchMfofwhich the p<:_s acted. ¢_.e_umdtheins'_mcn[, WITNESS my htmd and _/:_clal ._. _/-_ ,_ _...,._,,_

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@
EXH_B(T "A" ,
The rand r*ferr_d to he*ein is d,scribed as fo{tows: =- SITUATE IN THE CITY OF WATSONVILLE, COUNTY OF S_TA CRUZ, STATE OF CALIFORNIA _D DESCRIBED AS FOLLOWS:
_ARCEL OHE:

BEGINNING ON THE SOUTHWESTER/_ SIDE OF WALKER STREET, AT THE MOST NORTHERN CO_ER OF LANDS NOW OR FORMERLY OWNED BY ONE MOI%EHEAD, A_D

RUNNING THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID HOREHEAD

LANDS AND ALONG LANDS FORMERLY OWNED BY HCSHERRY AND JESSEN SOUTH 43" 4S' WEST 264.20 FEET; THENCE SOUTH 48" 39' EAST i0.00 FEET; THENCE ALONG THE NORTHWESTERN BOUNDARY OF LA/_DS NOW OR FORM3ERLY OWNED BY LINDBERG-SULLIVAN AND OKSEN SOUTH 45" 34' WEST 121.00 FEET TO LOCUST STREET, FROM WHICH POINT THE NORTHWESTERN CUrB LINE oN FIRST STREET BEARS SOUTH 41" EAST 160.20 FEET DISTANT; THENCE ALONG THE NORTHEASTEP, N WALL LINE OF LOCUST ST_LEET NORTH 41" W_EST i00 FEET, MoPE OR LESS, TO THE SOUTHEASTERLY CORNER OF LAND CONVEYED BY HIS LIHDBERG TO NICOLENE NILSENE LINDBERG BY DEED P.ECORDED JULY IB, 1940 IN VOLUME 390 PAGE 422 OFFICIAL Iq-ECORDS OF SANTA CRUZ COU_TY_

THENCE LEAVING STREET AND ALONG THE

LOCUST EASTERLY LINE OF SAID
LA/qD OF LINDBERG HoRTH 45" 34' EAST 108.70 FEET; THENCE NORTH 48" 39' WEST 80.30 FEET; THENCE ALONG THE SOUTHEASTERN BOUNDARy OF LA/qDS NOW OR FORMERLY OWNED BY HILLER A/_D PISTA NORTH 38" 42' EAST 259.57 FEET TO WALKER STREET AND THENCE ALONG THE SAID SOUTHWESTERN SIDE THEPZOF SOUTH 50" EAST 193.50 FEET TO THE PL\CE OF EEGII_ING. _AP_LTW0:

BEGINNING ON THE NORTHEASTERLY WALL LINE OF LOCUST STREET IN SAID CITY AT THE NORTHWESTERLY CORNER OF LAND NOW OR FORMERLY OF F. J.

RODGERS, ET AL., THENCE IH A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY BOUNDARY OF SAiD LOT OF LAND OF F. J. RODGERS ET A_L, 108.7 FEET, A LITTLE MORE OR LESS, TO A/_ ANGLE IN THE NORTkSqESTERLY BOUNDARY OF THE SAID RODGERS TRACT: THENCE NORTHWESTERLY ALONG THE LINE OF SAiD RODGERS TRACT 76.6 FEET, A LITTLE MORE OR LESS, TO A LOT NOW OR FORMERLY OF MILLER; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY SZOE OF SAID MILLER LOT 93.7 FEET TO THE
NORTHEASTERLY WALL LINE OF LOCUST STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SAID NORTHEASTERLY SfDE OF:LOCUST STREET 61.10 FEET, TO THE PLACE OF BEGINNING.

PABCEL THREE;

BEGINNING AT THE INTERSECTION OF THE NORTHWESTERN WALL LINE OF

RUNNING FIRST STREET THENCEWITHALONGTHE THESOUTHWESTERN SAID SOUTHWESTERN WALL LINESIDEOF WALKER OF WALKERSTREET STREETAND NORTH SO" WEST 194 FEET; THENCE LEAVING WALKERSTREET SOUTH 44" 2' WEST 134.3 FEET; THENCE SOUTH 41 1/2" EAST 180 FEET To THE

AFORESAID NORTHWESTERN WALL LINE OF FIRST STREET, AND THENCE ALONG SAIDNORTHWESTERN WALL LINE THEREOF NORTH 49" EAST 162.5 FEET TO Page 525 of 1256 @
EXHIBIT "A"
PARCE_T_EE CO_T._EO:

THE PLACE OF BEGINNING; AND _EING THE SAME LANDS AS DEEDED BY LAUIqA L. GOUGH A_D PAUL H. GOUG_ TO GEORGE A. MORXHXAD BY DEED DATED NOV'EMBER 2, 1905 AND RECORDED IN VOLUME 177 OF DEEDS AT PAGE 228, SANTA CRUZ COUNTy RECORDS, AND ALSO THE LANDS DEEDED BY ESTHER C.

BRIMSON AND J.M. BRIMSON TO GEORGE A. MOREHEAD BY DEED DATED FEHRUA_Y 24, 1906 AND RECORDED IN VOLUME 180 OF DEEDS AT PAGE 68, SA/qTA CRUZ COUNTY RECORDS.

SAVE AND EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:

CQM_{ENCING AT THE INTERSECTION OF THE NQRT_rWESTERN WALL LINE OF FIRST STREET WITH THE SOUTHWESTERN WALL LINE OF WALKER STREET; THENCE ALONG SAID SOUTH_4ESTERN LINE N. 48" 31' 02" W., 130.69 FEET; THENCE FROM A TA/qGENT TPiAT BEARS S. 48 _ 31' 02" E., ALONG A CI/RVE TO THE RIGHT, WITH A RADIUS OF 22.00 FEET, THROUGH AN ANGLE OF 98" 49' 00", AN ARC LENGTH OF 37.94 FEET; THENCE S. 50" 17' 58" W., 121.24 FEET TO THE LINE COMMON TO THE LANDS NOW OR FORMERLY OF ELWIH MJkNN, ET AL., AND OF CONTAINER EQUIPMENT CO. ; THENCE ALONG O NORTHW_STEP_N SAID CON}ION LINE LINE S.OF 39"FIRST59' STREET; 02" E., THE_[ iO3.01 CE ALFEONGET TOLASTSAIDSAID LINE N. 50" 34-' 16" E., 162.50 FEET TO THE POINT OF COMMENCEMENT. _ARCEL F otr_i
BEGTNqqING ON THE NORTHEAST LINE OF LOCUST STREET AT Tf_E WEST COI%NER OF TH_ LA/_DS CONArEYED BY BERNARDO S- YBARIt_, ET UX, TO STATE OF CALIFORNIA BY DEED RECORDED IN VOLUME 1579, PAGE 736, OFFICIAL P_ECORDS OF SANTA CRUZ COUNTY, AND RUNNING THENCE FROM SAID POINT OF BEGIh-NING SOUTH 40" 21' 44" EAST ALONG SAID NORTHEAST LINE OF LOCUST STI_EET 26.53 FEET; THENCE ALONG A" TANGE_ CURVE TO THE LEFT' ON A RADIUS OF 22.00 FEET THROUGH AN ANGLE OF 89" 20' 18" FOR A_ ARC LENGTH OF 34.30 FEET TO THE NORThS_EST LINE OF RIVERSIDE DRIVE; THENCE NORTH 50" 17' 58" EAST ALONG LAsT NAMED LINE 174.72 FEET TO THE SOUTH COR/qER OF PARCEL 2 OF THE LANDS CONVEYED BY C_OL J.

RODGERS, ET AL., TO CONTAINER EQUIPMENT COMPANY, A CORPORATION, BY DEED P.ECORDED IN VOLUME 851, PAGE 451, OFFICIAL RECORDS OF SANTA CRUZ COUNTY; THENCE NORTHWESTERLY ALONG THE S(]UTHWEST LINE OF LAST NAMED PARCEL 2 A DISTANCE OF 80 FEET, A LITTLE MORE OR LESS, TO THE SOUTHEAST LINE OF PARCEL i OF LAST NAMED DEED;':THENCE ALONG LAST NA/_ED LiNE THE FOLLOWING COURSES AND DISTANCES: SOUTH 43" 4S' W_EST 75 FEET, A LITTLE MORE OR LESSj TO AN ANGLE THEREIN, SOUTH 48" 39 _ EAST 10.00 FEET AND SOUTH 45" 34' WEST 121.00 FEET TO THE POINT OF BEGINNING. THE ABOVE BEARINGS AND DISTANCES ARE COMPIL_D FROM RECORDED DEEDS.

P_C_L FIVE_'.

BEGINNING ON THE NORTh_WESTERLY "SIDE oF FIRST STREET AT THE MOST _

SOUTHERLY CORNER OF A LOT OF LAND CONVEYED BY THEODORE BARNHOUSE AND WIFE TO ESTHER C. BRINSON BY DEED DATED FEBRUARY i0, 1903,

Page 526 of 1256 ends

@
EXHIBIT "A"
PARCF_LFIV_ C_O_!_:

RECORDED IN VOLUME 151 OF DEEDS, PAGE 150, ET SEQ., P/ECORDS OF SANTA CRUZ COUNTY; THENCE RUNNING NORTHWESTERLY ALONG THE LINE OF SAID LAST MENTIONED LOT OF LAND, 180 FEET, A LITTLE MORE 0_ [ZSS, TO LAND NOW OR FORMERLY OF JOHN R. MARLOW; THENCE SOUTHWESTERLY AND

ALONG THE SOUTHERLY LINE OF SAID LAND OF MARLOW AND APPROXIMATELY PARALLEL WITH FIRST STREET, 55 FEET TO LAND OF JESSEN; THENCE

SOUTHEASTERLY AND ALONG THE NORTHEASTERLY LINE OF SAID LAND OF JESSE_ A_D PARALLEL WITH SAID F_RST _[ENTIONED LINE 180 FEET, A

LITTLE MORE OR LESS, TO THE SAID NORTHWESTERLY SIDE OF FIRST STREET; THENCE NORTHEASTERLY ALONG THE SAID NORTHWESTERLY SIDE OF FIRST STREET, 55 FEET TO TEE PLACE OF_BEGINNING, AND THE LAMO ABOVE M_NTION_D AS BEING OF JESSEN, BEING NOW OR FOR/fERLY OWNED BY HIM.

BEING THE SA}fE LOT OF LAND CONVEYED BY THOMAS B. DAI<A_ AS COM_!SSIONER TO MARY J. YOACKAM BY DEED DATED JUNE Ii, 1906 AND RECORDED IN VOLtrMZ 183 OF DEEDS, PAGE 181, RECORDS OF SANTA CRUZ COUNTY.

EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED FROM CONTAINER EQUII_MZNT COMPANY, A CORPORATION, TO THE STATE OF O DECEMBER 1965 IN VOLUME 173S, PAGE 110, CALIFORNIA, RECORDED iS, OFFICIAL RECORDS OF SANTA CRUZ _OUNTYAPN:
i
@

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EXHIBIT B
® SITE LOCATION MAP
CalSpray Deed Restriction, May 2002

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i nmln
I
iI T m
!
|

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EXHIBIT C

O CAP LOCATION AND CONSTRUCTION

SPECIFICATIONS
@
0 CalSpray Deed Restriction, May 2002

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I--
en
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en
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0 0
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L-----..--==--==-
l
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-----
/
/
0 306090
Scale Jn Feet

LIMIT OF ASPHALT CAP
(DETAIL 7)

ASPHALT CAP LOCATION

CHEVRON CAL SPRAY PROJECT

WATSONVILLE, CA
RIVERSIDE DR CH2MHILL

Page 531 of 1256 ends

SEE NOTE 1
NOTES:

PAVEMENT REINFORCED
FABRIC \
xxxxxxx>

CAL TRANS
TYPE"B" AC (AR 8000)

CLASS II AGGREGATE BASE
(95 % COMPACTION MINIMUM)
ROAD OYL BONDING AGENT _/

ON EXISTING BASE
DETAIL

ASPHALT CONCRETE CAC)

PAVEMENT SECTION
NTS
{/\

1. APPLY "ROAD OYL" BE1WEEN AGGREGATE BASE
MATERIAL AND EXISTING GROUND MATERIAL.

I")
'<!-
-
oor w 0 0:: I- :;;

CONSTRUCTION DETAILS

CHEVRON CAL SPRAY PROJECT

WATSONVILLE, CA
L_ _______________________ CH2MHILL Page 532 of 1256
p

EXHIBIT D

ID GROUNDWATER MONITORING WELL

LOCATIONS
@
'O --
CaISprayDeedRestriction,May2002

Page 533 of 1256 ends

_D
LY Ore<
r"3 c
\

Page 534 of 1256 ends

F
Monitoring Well Coordinates

CAL SPRAY SITE
135 WALKER STREET

WATSONVILLE, CALIFORNIA
Top of PVC
Well State Plane _NAD83 Casing
Name Northing Easting Elevation (ft NGV'D)
MW-I 25197.51 50061.82 25.55
MW-2 24986.85 50182.45 25,28
M'W-3 24814.45 49926,25 23.38
@
O
Well_Cecrdlnates.×ls

Page 535 of 1256 ends

Report
Shallow Soils Investigation
Watsonville, California
June 2010
for:

Watts Guerra Craft LLP
by :

Wade Allmon PG CEG
Watsonville
252712-000105
1

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INTRODUCTION
This report describes the methods and presents the results of a shallow soil Investigation conducted in Watsonville, California from May 18 through June 18, 2010. The investigation was designed and implemented by Wade F. Allmon a California Professional Geologist and Certified Engineering Geologist on behalf of the law firm of Watts, Guerra, Craft LLP. The general purpose was to measure residual metal concentrations in shallow soils at several former residences and other locations that may have historically been windblown or transported by floodwaters from a nearby pesticide manufacturing plant (CalSpray). In addition, presumed background soil samples were taken and analyzed for metals and three borings were drilled immediately adjacent to the former CalSpray site for the collection and analysis of soil and groundwater samples.

PURPOSE AND SCOPE
The purpose of this investigation was to determine current metal concentrations in soils at former residences of four long-time residents of Watsonville California. Additionally, it was the purpose of this investigation to provide data toward the establishment of local background concentrations of lead and arsenic. The scope of the investigation comprised locating the 12 former residences with the aid of the former residents, conducting screening of shallow soils for lead at the residences with an X-ray florescence analyzer (XRF), collection of soil samples at the 12 residences, at 17 other locations and at 16 presumed background locations for laboratory analysis of metals. Additionally, where samples were collected near painted surfaces, the paint was analyzed for the presence of lead. Finally, three soil borings were advanced by Geoprobe methods immediately adjacent to the former CalSpray site for the collection and analysis of soil and groundwater samples.

METHODS
Locating Former Residences -The former residences were located by the former residents themselves during drive-by tours conducted May 18, 2010. The former residences investigated were limited to the 12 locations that are within Y, mile of the former California Chemical Spray Company (CalSpray) location.

Soil Screening - A Thermo Scientific Niten Xlp 300A x-ray fluorescence analyzer was used to screen soils at the residences for lead concentrations. The device was used as specified by the manufacturer by personnel trained by the manufacturer. The XRF device was used in the "bulk Watsonville
252712-000106
2

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sample mode" which is recommended setting for measuring in-situ soils. The semi-quantitative results were reported in parts per million (ppm).

At each former residence 3 to 9 shallow holes were dug and XRF measurements for lead were taken at 2-inch intervals to the bottom of the hole which was generally 6-inches deep and in a few cases down to 8 or 10-inches deep. At 17 locations where soil samples were taken that were not at former residences, soils were screened and sampled at 2 to 3 inches deep.

Sample Nomenclature - Each soil sample was given a unique name by the following logic.

The 11 residence locations were designated as Yl through Yll; the individual holes were designated alphabetically, "A" through whatever (horizontal location); the specific sampling depths were designated in inches below ground surface, 2 = 2 inches, 4 = 4 inches etc., (vertical location). For example, screening location Y4-G4 would be at residence Y4 (140 Grove Street), hole "G" and at a depth of 4 inches. Table 1 explains what street addresses correspond to the designations and Figure 1 shows the former residences on a map. GPS coordinates were taken for each former residence and for the background samples and are given in Appendix A.

Additional samples were taken at 17 other locations within 12 mile of the former CalSpray site and which were given the prefix letter designation of "Z". XRF readings of painted surfaces in the vicinity of soil samples were given the suffix of "P" and subsequent readings at background soil sample locations were given the suffix "X".

Soil Sampling and Analysis - One or two soil samples were taken at each of the 11 former residences for laboratory analysis of metals and pH. Soil samples were collected with a clean stainless steel spoon at the selected depth and placed in clean 4 ounce glass sample jars. Two samples were taken at Yl through YS while one sample was taken from Y6 through Y12 resulting in a total of 17 samples.

The samples were uniquely labeled with name, date and time of sampling and placed under chain of custody and delivered to the analytical laboratory for analysis. Laboratory analysis comprised the following breakdown: 16 residence samples for CAM metals by EPA Method 6020 and pH; 16 potential background samples designated Xl through X16 for lead, arsenic by EPA Method 6020 and pH. The analytical laboratory was Oilfield Environmental and Compliance Inc. (DEC) located in Santa Maria, California.

Background Soil Sampling - In order to provide data toward estimating the background concentrations of lead and arsenic in Watsonville, 16 samples were collected and submitted to the laboratory for analysis. The sample locations ranged from 1.6 to 3.5 miles from the former CalSpray site. Efforts were made to take samples radially with respect to the former CalSpray site, at distances greater than 1.5 miles from the former CalSpray site, and in an urban setting.

The 16 sample locations are shown in Figure 1 designated as Xl through X16 and GPS data are Watsonville
252712-000107
3

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given in Appendix A. As can be seen in Figure 1, there are less X samples in southern directions, this owes to the fact that there are far fewer urban settings in those directions. Subsequent to the collection and laboratory analysis of the background samples, three XRF readings of lead were taken in the immediate vicinity of each of four of the background soil sample locations.

These readings were designated xlx, x2x, x5x and x6x.

Lead Paint Analysis - The XRF analyzer was used to measure lead-based paint on painted surfaces that were within 20 feet of the soil samples collected at the former residences as well as other "Z" samples. For these readings the instrument was set to its lead paint measuring mode which can detect surface lead as well as deeper lead paint layers. In this mode the units are given in milligrams per square centimeter. Measurements of painted surfaces were designated with the suffix "p" after the location designations.

Groundwater Borings - Three soil borings were advanced by Geoprobe push methods at three locations proximal to the former CalSpray site for the collection of soil and groundwater samples. Continuous soil cores were retrieved for visual inspection and samples were retained in 4 oz. glass jars for laboratory analysis of metals. Once groundwater was reached new 1-inch diameter pvc screen and casing were installed in the borings and groundwater samples were retrieved. Groundwater samples were then retrieved by mechanical pumping through new Teflon tubing into acid-preserved plastic sample bottles. The borings were drilled and backfilled in accordance with an encroachment permit issued by the City of Watsonville. The borings, one on Walker St., one on Locust St., and one on Riverside, were designated Wl, W2 and W3 respectively. For soil samples from the borings suffix designations represent the depths (in feet) at which the sample was collected (for example, W2-15 was collected at 15 feet bgs) while the groundwater samples were designated as "W" (for example, W2W was the groundwater sample collected in boring W2.

RESULTS
Location of Former Residences - The specific locations of the former residences were established by the former residents themselves during a tour of the neighborhoods surrounding the former CalSpray site. Only three of the former residences existed at the date of the tour, all the rest having been removed and the properties in various states of development or use. Table 1 below provides information pertaining to each of the former residence properties surveyed.

Watsonville
252712-000108
4

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Sample Former Street Comments
Designation Resident Address
Yl Orozco 221 Rodriguez St. Original house exists I survey side and back yard of back house Y2 Mesa 359 Locust St. Original house exists I survey all sides Y3 Mendez Front St. Resided in 3 separate residences, only the eastern-most Appt. (formerly remains/ Survey sides and fronts (north) of the three former Riverside) residences including two located on north side of Front St.

Y4 Orozco 140 Grove St. Now "Gilbert's Auto Detailing" I survey NW, SW and SE sides of shack in open soil/gravel areas.

YS Mendez Across Street Former residence now condos I survey across street behind From 157 157 Rodriguez St. in bare soil and gravel areas and at corner of Rodriguez St. Rodriguez St. and Riverside.

Y6 Orozco 32 Walker St. Now "Western Roofing" I survey SW and SE sides at the very few existing spots of bare soil.

Y7 Valverde 220 First St. Former residence location is now eastbound Riverside and vegetated median to SE (directly across St. from former CalSpray) I survey in median and across front St. to SE.

YS Mendez 228 Locust St. Now fenced gravel lot I survey across street NE and SW of 22S Locust St.
yg Orozco Riverfront and Now "del Sol Market" I survey NE, NW and SW sides in bare Union (formerly soil areas.
113 Bridge St.)
YlO Mesa 147A Rodriguez Address not found I survey at "Latina Laundromat" to SE and St. at Kerney St. Park to west in open soil areas.

Yll Orozco Central St. Now Police Station I survey in bare soil lot to SW and in planter next to building to west.

Y12 Orozco 26 Menker St. Now Gus' Auto Body shop I survey in bare soil in front planter and take sample at north side of house at 28 Menker st.

Table 1 - Summary of Residence Investigative Locations
Former Residences Soil Analysis - One or two areas of soil at each former residence were sampled and analyzed for metals by EPA Method 6020 and for pH. The analytical results for the former residence samples are summarized below in Table 2 and the analytical laboratory report is included as Appendix A and the locations are shown in Figures and 2.

Sample Y1B8 Y1C6 Y2C2 Y2D2 Y3G2 Y3H4 Y482 Y4C4 Y5D2 Y5E2 Y6C2 Y7B2 Y882 Y9C6 Y10B4 Yl1B2 Lead 750
Arsenic 18
pH 6.65
130 270 730 370 570 100 850 250 340 170 86 170 310 140

5.1 4.1 7.1 5.5 5.7 2.9 8.6 5.8 4.7 6.2 5.7 7.0 8.7 5.1

6.37 8.57 7.24 7.41 8.30 8.70 8.17 8.44 8.35 8.35 7.12 7.38 8.45 9.00 Table 2 - Summary of Analytical Results of Soil Samples at Former Residences Watsonville
252712-000109
410

3.1 9.16
5 Y12E2
650

5.9 8.82

Page 540 of 1256 ends

Other Locations - Soil samples (designated as "Z") were collected at 17 other downtown locations within Yi mile of the former CalSpray site. The locations of these samples are shown in Figures 1 and 2. All of these samples were collected at a depth of 2-inches bgs and were submitted for metals analysis at the laboratory by EPA Method 6020 and pH. The results are summarized below in Table 3 while the full laboratory report is given in Appendix A. sample Z3 Z13 Z14 Z15 Z17 ZZ2 Z23 Z25 Z26 Z28 Z30 Z33 Z34 Z35 Z37 Z38 Z40 Lead
ppm
200 356 617 390 370 1700 280 1400 720 150 170 200 800 260 670 420 390 Table 3 - Summary of Lead Analytical Results of Other Soil Samples Lead Paint Analysis - The XRF instrument was used to measure the lead content of paint on surfaces within 20 feet of soil sample locations. In its lead paint mode the instrument can detect surface as well as lead in deeper painted layers and reads out in milligrams per square centimeter. Readings are given below in below in Table 4. The suffixes of the sample designations indicate the adjacent soil sample location designation.

Sample Ylbp Ylcp Y2cp Y2dp Y3gp Y3hp Y4bp Y4cp Y5dp Y5ep Y9cp Yl2ep Lead 2.6 3.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.03 0.01
mg/cm2
Sample Z22p Z25p Z26p Z28p Z30p Z33p Z34p Z35p Z27p Z38p Z40p Lead 0.01 0.5 0.0 0.0 0.0 0.0 0.01 0.0 0.03 8.3 0.01
mg/cm2
Table 4 - XRF Lead Paint Readings
Borings to Groundwater - Three soil borings were advanced to collect continuous soil samples and groundwater samples at locations immediately adjacent to the former CalSpray site. The soils were predominantly fine-grained ranging from clayey fine sands near the surface to silts and silty clays from approximately 10 feet to 25 feet bgs. Soil samples were taken at regular intervals for laboratory analysis of metals. Borings were terminated when groundwater was detected and groundwater samples were taken and submitted to the laboratory for Watsonvllle
252712-000110
6

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analysis of metals analysis. Analytical laboratory reports are given in Appendix A while lead and arsenic results for soil samples are summarized below in Table 5. sample Wl Wl Wl Wl Wl Wl W2 W2 W2 W2 W2 W2 W3 W3 W3 W3 W3 3' 5' 10' 15' 20' 25' 2.5' 5' 10' 15' 20' 25' 2.51 5' 10' 15' 20' Lead 5.9 6.4 3.7 7.3 2.9 2.1 37 6.8 4.4 8.5 4.3 4.1 70 8.2 6.5 8.0 6.2 ppm
Arsenic 3.2 4.1 2.2 ND 2.5 1.4 190 120 8.5 18 3.6 2.9 24 13 5.4 6.0 4.0 ppm
pH 8 7.8 8.2 8.1 6.9 8.0 3.6 3.8 4.4 8.8 9.6 8.6 5.1 4.6 4.1 5.7 6.0 Table 5- Summary of Analytical Results of Soil Samples from Borings Groundwater was qualitatively estimated to occur at 20 feet, 21 feet and 16 feet bgs in borings Wl, W2 and W3 respectively. Samples from Wl and W3 were light brown in color, while the groundwater sample from W2 was dark grey and had a strong anoxic sewer-like odor.

Laboratory analysis of arsenic measured 0.039 mg/L in W3 groundwater and was not detected above the detection limit of 0.010 in the other two samples.

Background Soil Analysis - The 16 soil samples that were taken at locations expected to be representative of urban Watsonville soil unaffected by windblown metal particles from the CalSpray site were analyzed in the laboratory for lead, arsenic by EPA Method 6020 and pH. The analytical results are summarized below in Table 6 while the full laboratory report is given in Appendix A.

SAMPLE Xl X2 X3 X4 XS X6 X7 XS X9 XlO Xll X12 X13 X14 XlS Lead 19 99 29 26 7.0 45 85 28 16 63 11 14 51 9.5 9.5
Arsenic 3.6 3.7 2.6 2.3 2.5 4.3 23 3.2 3.2 17 4.4 7.4 12 1.9 5.0 pH 7.09 5.54 6.45 5.90 6.17 5.54 6.95 7.15 6.18 7.23 7.69 7.60 7.63 5.57 8.38 Table 6- Analytical Results of Soil Samples at Locations Presumed to be Ba~kground (ppm) The lead concentrations measured in soil samples from locations presumed to be representative of background for Watsonville ranged from 7 to 99 ppm while arsenic ranged Watsonville
252712-000111
7 X16

8.2 4.6

6.76

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from 1.9 to 17 ppm. All 16 background samples were collected proximal to roadways and are therefore potentially subject to varying degrees of bias introduced by automobile derived lead.

Evidence of this potential could come from the qualitative observation that three of the lowest lead values (9.5 ppm at X14; 9.5 ppm at X15 and 8.2 ppm at X16) were from samples taken in areas that were more rural in nature and the roadways less traveled. Subsequently, three XRF readings were taken in the immediate vicinity (5 to 20 feet away) of the locations of four of the background soil locations. These readings which are designated with the suffix "X" attached to the soil sample location designation are given below in Table 7.

Location Xlxa Xlxb Xlxc X2xa X2xb X2xc XSxa XSxb XSxc X6xa X6xb X6xc Lead 14 12 22 84 97 77 16 14 15 22 17 17
ppm
Table 7 - Lead Concentrations at Background Soil Sample Locations Measured by XRF The average of the readings at location Xl is 16 ppm as compared to the laboratory result of 19 ppm. The average of the readings at location X2 is 86 ppm as compared to the laboratory result of 99 ppm. The average of the readings at location XS is 16 ppm as compared to the laboratory result of 7 ppm. The average of the readings at location X6 is 19 ppm as compared to the laboratory result of 45 ppm.

Watsonville
252712-000112
8

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LOC_ID SAMPLE_ID B_DEPTH E_DEPTH Arsenic Lead HA_UNITS ONSITE Distance_M Land_Use HA3 HA3-0.5 0.0 0.5 1390.0 303.0 mg/kg 2 0.0 Urban
HA4 HA4-0.5 0.0 0.5 1330.0 251.0 mg/kg 2 0.0 Urban Urban Samples Only HA1 HA1-0.5 0.0 0.5 1270.0 171.0 mg/kg 2 0.0 Urban Arsenic Lead No.

M10 M10-0.5 0.0 0.5 1000.0 1320.0 mg/kg 2 0.0 Urban on-site + Areas 1,2,3 263 325 86 M9 M9-0.5 0.0 0.5 363.0 304.0 mg/kg 2 0.0 Urban 0-1000m 25 216 344 HA2 HA2-0.5 0.0 0.5 321.0 168.0 mg/kg 2 0.0 Urban >1000m 7 52 40 M2 M2-0.5 0.0 0.5 300.0 258.0 mg/kg 2 0.0 Urban >0-<100m 24 253 CH-26 CH-26-0.5 0.0 0.5 204.0 600.0 mg/kg 1 0.0 Urban
M4 M4-0.5 0.0 0.5 190.0 406.0 mg/kg 2 0.0 Urban
CH-02 CH-DUP-2-0.5 0.0 0.5 118.0 181.0 mg/kg 1 0.0 Urban M1 M1-0.5 0.0 0.5 111.0 197.0 mg/kg 2 0.0 Urban
M1 M1 (DTSC Split Sample)-0.5 0.0 0.5 102.0 167.0 mg/kg 2 0.0 Urban CH-04 CH-04-1 0.0 1.0 81.1 369.0 mg/kg 1 0.0 Urban
P2 P2-0.5 0.0 0.5 79.4 101.0 mg/kg 3 0.0 Urban
M7 M7-0.5 0.0 0.5 51.0 175.0 mg/kg 2 0.0 Urban
M8 M8-0.5 0.0 0.5 49.9 118.0 mg/kg 2 0.0 Urban
P3 P3-0.5 0.0 0.5 19.3 41.2 mg/kg 3 0.0 Urban
M3 M3-0.5 0.0 0.5 15.0 128.0 mg/kg 2 0.0 Urban
CH-03 + CH-21 CH-DUP-3-0.5 0.0 0.5 14.9 112.0 mg/kg 1 0.0 Urban M6 M6-0.5 0.0 0.5 13.7 111.0 mg/kg 2 0.0 Urban
M5 M5-0.5 0.0 0.5 13.4 122.0 mg/kg 2 0.0 Urban
CH-06 CH-DUP-6-0.5 0.0 0.5 13.4 137.0 mg/kg 1 0.0 Urban P1 P1-0.5 0.0 0.5 10.0 25.1 mg/kg 3 0.0 Urban
CH-24 CH-24-0.5 0.0 0.5 4.5 25.2 mg/kg 1 0.0 Urban
CH-10 CH-10-1 0.5 1.0 2830.0 2570.0 mg/kg 1 0.0 Urban
P6 P6-1 0.5 1.0 179.0 228.0 mg/kg 3 0.0 Urban
Z-4 Z-4 0.5 0.5 141.0 382.0 mg/kg 4 0.0 Urban
P7 P7-1 0.5 1.0 122.0 310.0 mg/kg 3 0.0 Urban
CH-02 CH-02-1 0.5 1.0 95.8 79.7 mg/kg 1 0.0 Urban
P5 P5-1 0.5 1.0 91.4 231.0 mg/kg 3 0.0 Urban
Z-3 Z-3 0.5 0.5 54.4 237.0 mg/kg 4 0.0 Urban
P4 P4-1 0.5 1.0 50.6 80.3 mg/kg 3 0.0 Urban
Z-1 Z-1 0.5 0.5 32.0 161.0 mg/kg 4 0.0 Urban
P9 P9-1 0.5 1.0 21.2 38.4 mg/kg 3 0.0 Urban
Z-2 Z-2 0.5 0.5 18.4 294.0 mg/kg 4 0.0 Urban
Z-11 Z-11 0.5 0.5 15.1 530.0 mg/kg 4 0.0 Urban
Z-9 Z-9 0.5 0.5 12.8 152.0 mg/kg 4 0.0 Urban
Z-6 Z-6 0.5 0.5 11.3 135.0 mg/kg 4 0.0 Urban
CH-03 + CH-21 CH-03-1 0.5 1.0 10.5 17.0 mg/kg 1 0.0 Urban Z-13 Z-13 0.5 0.5 7.8 226.0 mg/kg 4 0.0 Urban
CH-29 CH-29-1 0.5 1.0 4.5 5.0 mg/kg 1 0.0 Urban
CH-09 CH-09-1 0.5 1.0 3.6 5.2 mg/kg 1 0.0 Urban
CH-30 CH-30-1 0.5 1.0 3.0 5.0 mg/kg 1 0.0 Urban
P8 P8-1 0.5 1.0 3.0 14.2 mg/kg 3 0.0 Urban
CH-23 CH-23-1 0.5 1.0 3.0 5.5 mg/kg 1 0.0 Urban
CH-28 CH-28-1 0.5 1.0 2.3 3.6 mg/kg 1 0.0 Urban
CH-01 CH-01-1 0.5 1.0 1.6 2.1 mg/kg 1 0.0 Urban
234 Locust St Overburden (1-2) 1.0 2.0 2.0 2.5 mg/kg 4 0.0 Urban CH-03 + CH-21 CH-03-1.5 1.0 1.5 7020.0 985.0 mg/kg 1 0.0 Urban M10 M10-1.5 1.0 1.5 412.0 1020.0 mg/kg 2 0.0 Urban
M9 M9-1.5 1.0 1.5 277.0 344.0 mg/kg 2 0.0 Urban
M8 M8-1.5 1.0 1.5 135.0 536.0 mg/kg 2 0.0 Urban
M7 M7-1.5 1.0 1.5 50.2 165.0 mg/kg 2 0.0 Urban
234 Locust St 3/4-Base (1-2) 1.0 2.0 3.8 4.8 mg/kg 4 0.0 Urban CH-04 CH-04-1.5 1.0 1.5 3.8 197.0 mg/kg 1 0.0 Urban
Z-4 Z-4 1.5 1.5 2810.0 982.0 mg/kg 4 0.0 Urban
Arsenic
Lead 0
50 100
150
200
250
300
350
on-site + Areas
1,2,3 0-1000m >1000m
263
25 7
325
216
52 Average Concentrations in Shallow Soil (0-2ft)
from Developed Areas of Watsonville

Page 544 of 1256 ends

CH-01 CH-01-2 1.5 2.0 471.0 849.0 mg/kg
1 0.0 Urban
Z-6 Z-6 1.5 1.5 157.0 752.0 mg/kg4 0.0 Urban
CH-10 CH-10-2 1.5 2.0 101.0 8940.0 mg/kg
1 0.0 Urban
Z-3 Z-3 1.5 1.5 49.0 108.0 mg/kg
4 0.0 Urban
CH-09 CH-09-2 1.5 2.0 31.7 10.6 mg/kg
1 0.0 Urban
Z-13 Z-13 1.5 1.5 23.1 75.4 mg/kg
4 0.0 Urban
Z-11 Z-11 1.5 1.5 18.4 80.4 mg/kg4 0.0 Urban
Z-1 Z-1 1.5 1.5 18.3 9.2 mg/kg4 0.0 Urban
Z-2 Z-2 1.5 1.5 17.4 82.2 mg/kg
4 0.0 Urban
CH-02 CH-02-2 1.5 2.0 15.4 24.4 mg/kg1 0.0 Urban
Z-9 Z-9 1.5 1.5 10.9 10.0 mg/kg4 0.0 Urban
5 SDW 5 Sidewall No. 1-2 2.0 2.0 18.0 37.0 mg/kg
4 0.0 Urban
1 SDW 2 1 Sidewall No. 2 2.0 2.0 18.0 110.0 mg/kg
4 0.0 Urban
3 SDW 3 Sidewall No. 1-2 2.0 2.0 17.0 52.0 mg/kg4 0.0 Urban 4 SDW 4 Sidewall No. 1-2 2.0 2.0 15.0 69.0 mg/kg
4 0.0 Urban
8 SDW 2 8 Sidewall No. 2-2 2.0 2.0 12.0 13.0 mg/kg4 0.0 Urban 1 SDW 1 1 Sidewall No. 1 2.0 2.0 12.0 39.0 mg/kg4 0.0 Urban 8 SDW 1 8 Sidewall No. 1-2 2.0 2.0 11.0 13.0 mg/kg
4 0.0 Urban
2 SDW 2 Sidewall No. 1-2 2.0 2.0 11.0 20.0 mg/kg
4 0.0 Urban
10 SDW 10 Sidewall No. 1 2.0 2.0 9.8 18.0 mg/kg4 0.0 Urban 11 11-2 2.0 2.0 8.4 130.0 mg/kg
4 0.0 Urban
9 9-2 2.0 2.0 8.4 150.0 mg/kg4 0.0 Urban
8 8-2 2.0 2.0 7.5 130.0 mg/kg4 0.0 Urban
3 3-2 2.0 2.0 6.5 57.0 mg/kg
4 0.0 Urban
10 10-2 2.0 2.0 6.4 56.0 mg/kg
4 0.0 Urban
1 1-2 2.0 2.0 5.5 8.6 mg/kg4 0.0 Urban
5 5-2 2.0 2.0 4.9 140.0 mg/kg
4 0.0 Urban
2 2-2 2.0 2.0 4.6 42.0 mg/kg
4 0.0 Urban
9 SDW 9 Sidewall No. 1-2 2.0 2.0 4.5 8.7 mg/kg4 0.0 Urban 12 12-2 2.0 2.0 4.4 140.0 mg/kg
4 0.0 Urban
B-2 B-2-0.5 0.5 0.5 21.0 90.0 mg/kg
N 0.7 Urban
B-2 B-2-1.5 1.5 1.5 8.5 23.0 mg/kgN 0.7 Urban
B-3 B-3-0.5 0.5 0.5 1.0 39.0 mg/kg
N 0.8 Urban
B-3 B-3-1.5 1.5 1.5 27.0 170.0 mg/kg
N 0.8 Urban
CH-35 CH-35-1 0.5 1.0 22.4 106.0 mg/kgN 1.1 Urban
WB-4 WB-4-0.5 0.0 0.5 58.0 370.0 mg/kg
N 1.5 Urban
S3 S3 0.5 1.0 127.0 1290.0 mg/kgN 1.7 Urban
CH-08 CH-08-1 0.5 1.0 2.7 6.7 mg/kgN 1.7 Urban
CH-34 CH-34-1 0.5 1.0 59.0 720.0 mg/kgN 1.7 Urban
S2 S2 0.5 1.0 104.0 878.0 mg/kgN 1.8 Urban
S1 S1 0.5 1.0 188.0 1740.0 mg/kgN 1.8 Urban
CH-36 CH-36-1 0.5 1.0 11.0 18.6 mg/kgN 2.1 Urban
WB-3 WB-3-0.5 0.0 0.5 130.0 950.0 mg/kgN 2.1 Urban
B-5 B-5-0.5 0.5 0.5 8.3 350.0 mg/kgN 2.7 Urban
B-5 B-5-1.5 1.5 1.5 4.0 23.0 mg/kgN 2.7 Urban
CH-33 CH-33-1 0.5 1.0 8.0 22.2 mg/kgN 4.7 Urban
CH-32 CH-32-1 0.5 1.0 8.2 27.4 mg/kgN 6.3 Urban
B-1 B-1-0.5 0.5 0.5 59.0 360.0 mg/kgN 7.8 Urban
B-1 B-1-1 1.0 1.0 19.0 18.0 mg/kgN 7.8 Urban
Y8b Y8-B2 0.2 0.2 7.0 170.0 mg/kgN 14.4 Urban
WB-5 WB-5-0.5 0.0 0.5 3.5 80.0 mg/kgN 15.1 Urban
209 Second St 209 Second B-1 -0.5 0.5 0.5 9.5 230.0 mg/kgN 16.6 Urban 209 Second St 209 Second B-2-0.5 0.5 0.5 7.3 200.0 mg/kgN 16.6 Urban 209 Second St 209 Second B-1-1.5 1.5 1.5 12.0 250.0 mg/kgN 16.6 Urban 209 Second St 209 Second B -2-1.5 1.5 1.5 4.7 12.0 mg/kgN 16.6 Urban Riverside Median Riverside Median 1-0.5 0.5 0.5 32.1 36.0 mg/kgN 16.9 Urban B-4 B-4-0.5 0.5 0.5 10.0 200.0 mg/kgN 17.5 Urban

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2 B-4 B-4-1.5 1.5 1.5 6.7 250.0 mg/kg
N 17.5 Urban
244 Locust St 244 locust B-1-0.5 0.5 0.5 6.6 430.0 mg/kgN 32.2 Urban 244 Locust St 244 locust B-2-0.5 0.5 0.5 4.4 170.0 mg/kg N 32.2 Urban
244 Locust St 244 locus t B-1-1.5 1.5 1.5 3.3 9.6 mg/kg N 32.2 Urban
WB-2 WB-2-0.5 0.0 0.5 ND ND mg/kg
N 32.3 Urban
WB-1 WB-1-0.5 0.0 0.5 3.7 4.9 mg/kg
N 32.8 Urban
E-28 E-28-0.5 0.0 0.5 4.0 260.0 mg/kgN 35.3 Urban
Y7b Y7-B2 0.2 0.2 5.7 86.0 mg/kgN 36.2 Urban
B1-1 B1-1 0.5 1.0 13.7 91.4 mg/kg
N 49.0 Urban
B1-2 B1-2 0.5 1.0 18.7 107.0 mg/kgN 49.9 Urban
E-36 E-36_0.5 0.0 0.5 5.6 100.0 mg/kgN 55.4 Urban
E-36 E-36-0.5_1 0.5 1.0 6.4 120.0 mg/kg
N 55.4 Urban
B1-3 B1-3 0.5 1.0 12.0 96.0 mg/kg
N 59.9 Urban
241 First St 241 First B-2-0.5 0.5 0.5 15.0 470.0 mg/kgN 63.3 Urban 241 First St 241 First B-1-0.5 0.5 0.5 5.7 56.0 mg/kg
N 63.3 Urban
E-29 E-29-0.5 0.0 0.5 3.2 37.0 mg/kgN 66.5 Urban
Z40 Z40a 0.2 0.2 13.0 390.0 mg/kgN 66.9 Urban
B2-2 B2-2 0.5 1.0 20.1 34.7 mg/kg
N 67.6 Urban
Z13 Z13e 0.2 0.2 16.0 350.0 mg/kg
N 69.7 Urban
Z33 Z33b 0.2 0.2 9.4 200.0 mg/kgN 89.8 Urban
E-16 E-16-B-0.5 0.0 0.5 6.4 130.0 mg/kg
N 107.4 Urban
E-16 E-16-0.5 0.0 0.5 3.4 66.0 mg/kgN 107.4 Urban
Z28 Z28a 0.2 0.2 3.9 150.0 mg/kgN 109.5 Urban
B2-1 B2-1 0.5 1.0 10.5 20.6 mg/kg
N 127.9 Urban
E-21 E-21-0.5 0.0 0.5 7.8 150.0 mg/kg
N 133.3 Urban
E-30 E-30-0.5 0.0 0.5 3.3 6.7 mg/kgN 143.7 Urban
Y12e Y12e 0.2 0.2 5.9 650.0 mg/kg
N 147.6 Urban
Z34 Z34f 0.2 0.2 34.0 800.0 mg/kg
N 165.2 Urban
B2-3 B2-3 0.5 1.0 5.2 38.8 mg/kgN 167.3 Urban
WB-7 WB-7-0.5 0.0 0.3 3.0 190.0 mg/kg
N 173.7 Urban
BG-16 BG-16 0.0 0.5 5.3 9.9 mg/kg BG 192.2 Urban
Z15 Z15c 0.2 0.2 3.9 390.0 mg/kgN 202.7 Urban
Y6c Y6-C2 0.2 0.2 6.2 170.0 mg/kg
N 204.7 Urban
E-27 E-27-0.5 0.0 0.5 3.1 12.0 mg/kg
N 213.3 Urban
E-35 E-35_0.5 0.0 0.5 8.9 78.0 mg/kgN 223.4 Urban
E-35 E-35-0.5_1 0.5 1.0 8.5 50.0 mg/kg
N 223.4 Urban
1B 1B-0.5 0.0 0.5 7.5 9.0 mg/kgN 229.0 Urban
Z37 Z37b 0.2 0.2 7.6 670.0 mg/kgN 232.6 Urban
Y1c Y1-C6 0.5 0.5 5.1 130.0 mg/kgN 240.5 Urban
Y4c Y4-C4 0.3 0.3 8.6 850.0 mg/kgN 243.0 Urban
Y1b Y1-B8 0.7 0.7 18.0 750.0 mg/kgN 251.4 Urban
Y4b Y4-B2 0.2 0.2 2.9 100.0 mg/kgN 253.6 Urban
11 Walker Street GP-4.0.5 0.5 0.5 214.0 30.5 mg/kgN 259.6 Urban 11 Walker Street GHA-1-0.5 0.5 0.5 132.0 31.5 mg/kgN 259.6 Urban 11 Walker Street GP-20-0.5 0.5 0.5 12.7 244.0 mg/kgN 259.6 Urban 11 Walker Street GP-6-0.5 0.5 0.5 7.9 10.3 mg/kgN 259.6 Urban 11 Walker Street GHA-3-0.5 0.5 0.5 4.1 0.3 mg/kgN 259.6 Urban 11 Walker Street MW-1-S-0.5 0.5 0.5 0.4 1.6 mg/kgN 259.6 Urban 11 Walker Street SC-CA2-1 1.0 1.0 110.0 mg/kgN 259.6 Urban 11 Walker Street SC-CA4-1 1.0 1.0 79.0 mg/kgN 259.6 Urban 11 Walker Street SC-CA3-1 1.0 1.0 47.6 mg/kgN 259.6 Urban 11 Walker Street SC-CA1-1 1.0 1.0 10.3 mg/kgN 259.6 Urban 11 Walker Street GP-15-1.0 1.0 1.0 10.2 33.0 mg/kgN 259.6 Urban 11 Walker Street GP-5-1 1.0 1.0 8.5 16.8 mg/kgN 259.6 Urban 11 Walker Street HA-1SC-1 1.0 1.0 7.0 6.7 mg/kgN 259.6 Urban 11 Walker Street HA-8-1 1.0 1.0 6.4 mg/kgN 259.6 Urban
11 Walker Street DP-9-1.5 1.5 1.5 341.0 36.0 mg/kgN 259.6 Urban

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3 11 Walker Street DP-12-1.5 1.5 1.5 253.0 21.7 mg/kg
N 259.6 Urban
11 Walker Street DP-7-1.5 1.5 1.5 168.0 27.3 mg/kgN 259.6 Urban 11 Walker Street DP-13-1.5 1.5 1.5 55.0 7.8 mg/kg
N 259.6 Urban
11 Walker Street GP-2-1.5 1.5 1.5 16.0 12.7 mg/kg
N 259.6 Urban
11 Walker Street GP-15-1.5 1.5 1.5 8.4 46.9 mg/kg
N 259.6 Urban
11 Walker Street GP-1-1.5 1.5 1.5 7.5 30.2 mg/kg
N 259.6 Urban
11 Walker Street DP-8-1.5 1.5 1.5 5.4 6.1 mg/kgN 259.6 Urban 11 Walker Street DP-11-1.5 1.5 1.5 5.4 4.6 mg/kgN 259.6 Urban 11 Walker Street DP-3-1.5 1.5 1.5 4.4 40.4 mg/kg
N 259.6 Urban
11 Walker Street HA-12-1.5 1.5 1.5 2.4 mg/kgN 259.6 Urban 11 Walker Street GHA-3-2.0 2.0 2.0 11.3 101.0 mg/kgN 259.6 Urban 11 Walker Street HA-13-S-2.0 2.0 2.0 5.8 mg/kg
N 259.6 Urban
SC-CA2 SC-CA2-1 1.0 1.0 110.0 NA mg/kg
N 261.1 Urban
SC-CA4 SC-CA4-1 1.0 1.0 79.0 NA mg/kgN 262.2 Urban
P-4 P-4 0.0 0.5 21.0 120.0 mg/kg
N 266.5 Urban
GHA-1 GHA-1 0.5 0.5 132.0 39.3 mg/kgN 267.3 Urban
A1-1 A1-1 0.5 1.0 5.2 18.1 mg/kgN 267.6 Urban
SC-CA1 SC-CA1-1 1.0 1.0 10.3 NA mg/kg
N 267.7 Urban
DP-8 DP-8-1.5 1.5 1.5 5.4 6.1 mg/kg
N 270.0 Urban
P-B2A P-B2A 2.0 2.0 0.3 80.0 mg/kgN 271.4 Urban
P-B2 P-B2Va 0.0 0.0 0.3 170.0 mg/kg
N 273.1 Urban
P-B2 P-B2-1.5 1.0 1.5 190.0 0.1 mg/kgN 273.1 Urban
P-B2 P-B2 1.0 1.0 190.0 25.0 mg/kgN 273.1 Urban
SC-CA3 SC-CA3-1 1.0 1.0 47.6 NA mg/kg
N 273.2 Urban
DP-7 DP-7-1.5 1.5 1.5 168.0 27.3 mg/kg
N 273.6 Urban
P-B1 P-B1 1.0 1.0 36.0 25.0 mg/kgN 274.6 Urban
P-B1 P-B1-1.5 1.0 1.5 36.0 ND mg/kg
N 274.6 Urban
11B 11B-0.5 0.0 0.5 9.3 mg/kg
N 275.1 Urban
11B 11B-1.5 1.0 1.5 7.8 mg/kgN 275.1 Urban
GP-1 GP-1 1.5 1.5 7.5 46.2 mg/kg
N 275.2 Urban
GP-2 GP-2 1.5 1.5 16.0 12.7 mg/kg
N 275.8 Urban
GHA-3 GHA-3 0.5 0.5 4.1 55.3 mg/kgN 278.1 Urban
GHA-3 GHA-3 2.0 2.0 11.3 38.3 mg/kg
N 278.1 Urban
SC-CA5 SC-CA5-1 1.0 1.0 0.8 NA mg/kg
N 281.1 Urban
HA-13-S HA-13-S-2.0 2.0 2.0 5.8 NA mg/kgN 281.5 Urban
MW1-S MW1-S-.5 0.5 0.5 0.8 1.6 mg/kg
N 282.2 Urban
P-B3-MW P-B3-MW 1.0 1.0 18.0 25.0 mg/kgN 282.8 Urban
P-B3-MW P-B3-MW-1.5 1.0 1.5 18.0 ND mg/kgN 282.8 Urban
GP-4 GP-4 0.5 0.5 214.0 55.0 mg/kgN 283.6 Urban
GP-5 GP-5 1.0 1.0 8.5 3.1 mg/kgN 284.2 Urban
P-5 P-5 0.0 0.5 37.0 99.0 mg/kgN 285.2 Urban
Z35 Z35c 0.2 0.2 7.3 260.0 mg/kgN 286.0 Urban
Z23 Z23c 0.2 0.2 12.0 280.0 mg/kgN 286.9 Urban
P-6 P-6 0.0 0.5 70.0 250.0 mg/kgN 288.8 Urban
GP-6 GP-6 0.5 0.5 7.9 38.4 mg/kgN 288.9 Urban
Y2c Y2-C2 0.2 0.2 4.1 270.0 mg/kgN 289.2 Urban
P-B5A P-B5A 1.8 1.8 30.0 7.0 mg/kgN 289.5 Urban
E-10 E-10-0.5 0.0 0.5 5.2 47.0 mg/kgN 290.5 Urban
HA-12 HA-12-1.5 1.5 1.5 2.4 NA mg/kgN 292.5 Urban
E-32 E-32_0.5 0.0 0.5 9.6 120.0 mg/kgN 296.0 Urban
E-32 E-32-0.5_1 0.5 1.0 11.0 110.0 mg/kgN 296.0 Urban
P-B6 P-B6 1.0 1.0 50.0 18.0 mg/kgN 296.1 Urban
P-B6 P-B6-1.5 1.0 1.5 11.0 ND mg/kgN 296.1 Urban
Z14 Z14b 0.2 0.2 4.5 670.0 mg/kgN 296.4 Urban
Y2d Y2-D2 0.2 0.2 7.1 730.0 mg/kgN 298.3 Urban
GP-11 GP-11 2.0 2.0 NA NA mg/kgN 299.4 Urban
P-B8-MW P-B8-MW 1.0 1.0 50.0 38.0 mg/kgN 305.9 Urban

Page 547 of 1256 ends

Watsonville City CouncilMarch 14, 2023

Watsonville City Council
March 14, 2023