Watsonville City Council
June 13, 2023

John Qoughty, City of Watsonville Community Development Director John Casey, PVUSQ Superintendent "
Fred Keeley, 27th assembly District Assemblyman
New Millennium High School in Watsonville
September 25, 2001

4)
5)
b)‘
prior liens and encumbrances that may affect the interest being conveyed. The one foot Water and Sewer Non—Access Easement shall be identified in relation to each possible parcelization scenario graphic.
ln order to ensure LCP consistency, prior to exercising the CDP, the Water and Sewer Non—Access Easement shall be submitted prior to recording for the review and approval of the Executive Director, the City Planning Director, and the City Attorney. The approved easement shall be recorded free of prior liens and encumbrances which may affect the interest being conveyed.

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Geotechnic al. ,1
3)
b)
The final grading plans shall include evidence indicating that the development proposed complies with all requirements of LCP Section 9—5.705(c)(5)(ii)(arn) regarding geotechnical investigation requirements, and is consistent with all elements of California Division of Mines and Geology Note 48 (“Checklists for the review of Geologic/Seismic Reports for California Public Schools, Hospitals, and Essential Services Buildings”).

There shall be at least one slope stability analysis for each slope based on the final grading plans. The final grading plans shall be submitted with a signed stamp from the consulting geotechnical engineer and/or geologist indicating that the development is safe from a geotechnical perspective in terms of issues including, but not limited to, seismically induced settlement, liquefaction, and lateral spreading.

In order to ensure'LCP consistency, prior to exercising the CDP, final grading plans with all required stamps and signatures shall be submitted to the Executive Director of the Coastal Commission and the City Planning Director for review and approval.

Water quality.
a)
b)
Commission water quality staff advise that the fossil filters identified by the District to filter and treat runoff from vehicular areas prior to discharge to the detention pond systemiare inadequate. Consistent with the District’s indication that the specific brand or technique for filtering runoff would be selected in consultation with Commission staff, we observe that alternative BM?s are necessary for this‘ water quality component. The more appropriate engineered filtration device specifically designed to remove vehicular contaminants is the Stormwater Management “Storm Filter” system (or its equivalent).

One such filtration and treatment device will be required for the west detention pond system and a second such device will be required for the east detention pond system in order to effectively remove the anticipated vehicular contaminants.

We are not aware of a management and maintenance plan for the detention pond water quality system. Such a plan is necessary to ensure that the system functions properly, and needs to be adequately responsive to the need for adaptive management (as to appropriate plantings, remediation techniques, etc.) as necessary. Ongoing maintenance and Attachment 5
4 of 9

John Doughty, City of Watsomrltle Community Development Director John Casey, PVUSD Superintendent
Fred Keeley, 27th Assembly District Assemblyman
New Millennium High $c:hool in Watsonville
September 25, 2001

d)
inspection parameters must be identified. All methods and timing must be identified (e. g., when and how accumulated sediment is to be removed, grass mowed, invasive vegetation removed, pond bottoms reestablished, etc). We understand the Districts commitment to water quality BMPS to extend to developing an adequate long—tem1 management and maintenance plan for the detention pond system and that this plan shall be provided with any final plan sheets involving storm water runoff and water quality measures.

We understand the District’s commitment to water quality BMPS to extend to all proposed outside storage areas and loading areas to indicate that they will be graded and paved and either: (1) surrounded by a low containment -berm; or (2) covered. All such areas will be: (1) equipped with storm drain valves which can be closed in the case of a spill; or (2) equipped with a wash down outlet to the sanitary sewer. We further understands the memo to indicate that such measures shall be identified on any final plan sheets involving storm water runoff and water quality measures.

In order to ensure LCP consistency, prior to exercising the CDP, all final plan sheets involving storm water runoff and water quality measures shall be submitted to the Executive Director of the Coastal Commission and the City Planning Director for review and approval.
6) Aeronautics Review.
a) The safety of the site for students and educators is addressed by the LC? in LUP Policy Ill.C.5.a.(4) and IP Section 9-5.705(c‘)(5)(i)(ad). Given the information provided and questions raised in the permit appeals to, the Commission, we are seeking, and understand that the Districtis committed to, full and complete consultation with experts in the Caltrans Division“ of Aeronautics in light of all the submitted information on: the site, planned school facilities on the site, typical airport operations (e.g., Watsonville Airport’s primary role as a amateur pilot flight instruction airport), and the sites location relative to typical Watsonville Airport operations. As you know, our cartographic evaluation of the submitted school facilities plan indicates that the northernmost portion of the school’s project plans extends into the airport runway’s inner turning zone. While we appreciate that th‘é"District has cornrnitted to a professional survey to map all aeronautics indicators for safety in relation to the school and the airport, we are concerned that this alone will not suffice to answer the final question of safety for aeronautics issues. Therefore, we suggest two options of resolution for the District to pursue: (1) revise its school facilities site plan so that it clearly falls within the area previously submitted for Caltrans’ evaluation; or (2) maintain the existing school facilities site plan. In either case, the District needs to superirnpose the specified aeronautics setback surveys over the final parcelization graphic (described above) and the facilities plan for the school and submit it to the Caltrans Aeronautics Division for their final review. This composite graphic needs to show the surveyed boundaries of all of Area C, the proposed parcels, the school facilities, and at least the end of the airport runway with a graphic scale provided for ease of reference. With this graphic submitted for their evaluation, the Caltrans Aeronautics Attachment 5
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dehn Eoughty. City of Watsotwille Ccrnrnunity Development Director John Gasey, PVLESD Superintendent
Fred Keeley, 27th Assembly District Assemblyman
New Millennium High School in Wateonville
September 25, 2001

7)
b)
Division should be requested by the District to confirm that the final area in which school facilities are planned is safe for public school development with respect to potential airport safety concerns as required by the LCP.
in order to ensure LCP consistency, prior to exercising the CDP’, final plans with the required Caltrans Aeronautics Division safety confirmation shall be submitted to the Executive Director of the Coastal Commission and the City Planning Director for review and approval.

Revised site plan submitted with memo.
3)
b)
C)
.d)
Although implied, it needs to be clear, that created slopes“ ‘shall be contoured with natural undulations to more closely resemble natural slopes to the extent feasible.

The final treatment of the previously identified service road turn around needs to be specified. Fromthe site plan submitted with the memo, it appears as though the turnaround has been eliminated. The memo text, however, indicates that it may be “reconfigured, relocated or eliminated.” Our understanding from the submitted site plan is that it the turn around has been eliminated from the project.

We do not understand why the memo text indicates that the portable classrooms may be “reconfigured” when the site planidentifles them in specific locations and at specific elevations. We will expect the final site plan to indicate the final locations for the portables.

The memo identifies that the fences shall be revised to be consistent with the LCP. Since the LCP requires wood fencing, we understand this to mean that all fencing will be rustic split rail fencing of rough~hewn and unpainted wood timbers (e.g., cedar). The only exception is that rustic wood fencing with no gaps can be utilized if such fencing is required to screen sensitive habitat areas from development. Where containment is necessary for play areas (e.g., baseball fields, tennis courts, etc.), agricultural fencing (i.e., square-gapped metal fencing on wood posts) of the maximum gap size possible to contaidthe circutnferenceof ball used shall be allowed. Our understanding is that chain link and concrete pre—cast fenclpg will not be installed onythe school site.

The memo indicates that no unallowed uses or facilities shall be located within the ESHA, ESHA buffer, or Agricultural buffer areas. Since the previous site plan (i.e., prior to the memo) identified portions of ballfields, a chain link fence, and some storm drain utilities located within the 100’ buffer area for the CDFG reserve, we understand this to mean that these shall be removed and/or relocated out of the required buffer. We understand that the revised restoration plan is to incorporate the most southerly ponds and related infrastructure of the detention pond system (i.e., those located within required buffers) within the buffer enhancement component. As such, these could be considered part of the habitat buffer enhancement and thus could be considered allowed uses.

Attachment 5
6 of 9

John Doughty, City of Wateorwille Community Development Director John Casey, Pi/USD Superintendent
Fred Keeley, 27th Assembly District Assemblyman
New Millennium High School in Wazsonville
September 25, aaor

f)
s)
h)
i)
We understand the memo to indicate that there will be only two buildings with a height in excess of 30 feet from finished grade; neither of these two buildings will be taller than 37 feet from finished grade.

The memo indicates that the lighting plan will be reevaluated. We thus understand that there shall be no exterior night lighting, other than the minimum lighting necessary for pedestrian, vehicular, and safety purposes. All lighting shall be directed away from environmentally sensitive habitat areas and shall not be visible from any vantage point within environmentally sensitive habitat areas. All interiorelighting shall be directed away from windows which are visible from environmentally sensitive habitat areas. All lighting shall be downward directed and designed so that it does not produce any light or glares off—site, with particular emphasis to preserving the darkness present in existing nighttime Highway One views ofArea C.

We understand the memo to indicate that LCP requirements for agricultural buffers on the interior of Area C shall be met (i.e., currently a 200 foot buffer requirement), except that the 200 foot agricultural buffer on the northern portion of the school parcels created may be reduced if the Commission approves a pending LCP amendment request.

We understand the memo to indicate that the existing well will remain functional and the District will provide a delivery mechanism for adjacent farmers to use the well as directed by the LCP. We interpret this to mean that that the owner(s) and/or operator(s)_ of the agricultural operation on the property north of the school site have or shall have: (1) been made aware that the existing well-on the high school parcel is to be retained; (2) demonstrated a need for the well water; ‘(3) been offered the well water to be used for agricultural purposes on the remainder property; and (4) either (a) declined the use of the well water described in subsection (3) above, or (13) agreed to pay current market costs for the well water described in subsection (3) above. In the event of 400), the District shall make all necessary legal and physical arrangements with the adjacent farming operator for the agricultural water to be delivered to the northernmost property boundary of the school "site." Such costs to be shared equitably between the District and the agricultural USCIS . -JA
In order to ensure LCP consistency, prior to exercising the CDP, final site plans substantially in conformance with the site plans provided with the memo and showing the above clarifications shall be submitted to the Executive Director of the Coastal Commission and the City Planning Director for review and approval. 8) Additional CDP required.
a) The ambiguity in the memo and accompanying site plan could lead to some confusion regarding several elements that have been removed from the project andfor may be planned in the future. We understand the memo to indicate that, at a minimum,‘ the following SllE,l.l,l,,cI§.Cllll,fC;i separate CDP or CD? _amenrln1eynt applications should they be pursued in the future:

Attachment 5
7 of 9

John Doughty, filly of Watsonville Community Development Director John Casey, PVUSD Superintendent
Fred Keeley, 27th Assembly District Assemblyman
New Millennium High School in Watsomriile
September 25, 2001
?age 8
it) Since the District has chosen to remove building C at this time, any future construction of that building shall require a separate CD? or CDP amendment application.
ii) Any proposed building adjacent to building I (identified as a “future” building on School District plans) shall require a separate CD? or CD1? amendment application. iii) Any extension of utilities not shown on a final approved site plan shall require a separate CDP or CDP amendment application“.
iv) Any future development north of the parking lot shown on the site plan (including the referem:..ecl JO acre ,“expansior1 parcel”) shall require all Separate (EDP or CD}? amendnient application.
.6
Attachment 5
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Attachment 5
9 of 9

1 Jonathan Wittwer, SBN 058665
William P. Parkin, SBN 139718
2 WITTWER PARKIN LLP
147 S. River Street, Suite 221
3 Santa Cruz, CA 95060
Telephone: (831) 429-4055
4 Facsimile: (831) 429-4057
[email protected]
5 Attorneys for Petitioners,
I E f1
SEP 12 2014 JJ
ALEX CALVO, t;LERK

BY FLORENCE PATTEN

DEPUTY, SANTA CRUZ COUNTY
6 WATSONVILLE PILOTS ASSOCIATION and
FRIENDS OF BUENA VISTA and SIERRA CLUB
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ

WATSONVILLE PILOTS ASSOCIATION,
a California non-profit corporation,
FRIENDS OF BUENA VISTA, an
unincorporated association, and the SIERRA
CLUB, a non-profit public benefit
corporation,
Petitioners,
vs.

CITY OF WA T..SONVILLE, CITY

COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORNIA

DEPARTMENT OF TRANSPORTATION,
DMSION OF AERONAUTICS and DOES 1
THROUGH 15,
Respondents.

Case No. CV176416
~6P91119) ORDER AND JUDGMENT
1 Attachment 6

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This matter came on regularly for a hearing on June 20, 2014, in Department in Department 5 of the above-entitled court, the Honorable Paul M. Marigonda presiding. William Parkin appeared for Petitioners Watsonville Pilots Association, Friends of Buena Vista, and the Sierra Club (Petitioners). Rick Jarvis and Alan Smith appeared for Respondents City of Watsonville and the City Council of the City of Watsonville (collectively "City"). And, Raiyn Bain appeared on behalf of Respondent California Department of Transportation, Division of Aeronautics (CDOA).

The Court having reviewed the record of City of Watsonville's proceedings in this matter and having accepted said records into evidence, and having reviewed the evidence, the briefs, other papers and arguments submitted by counsel and presented at the hearing on June 20, 2014, and the Court having entered a Statement of Decision (attached hereto as Exhibit A) granting the Petition for Writ of Mandate, and based on the foregoing enters the following order and judgment:

1. Judgment is entered in favor of Petitioners Watsonville Pilots Association, Friends of Buena Vista, and the Sierra Club (collectively "Petitioners") and against the City ofWatsonville and the City Council of the City of Watsonville in this proceeding on the grounds stated in the Court's Statement of Decision attached hereto as Exhibit "A."·

2. A Peremptory Writ of Mandate directed to Respondents City of Watsonville and City Council of the City of Watsonville shall issue from this Court, remanding the proceedings to said Respondents and commanding said Respondents to set aside certification of the revised Environmental Impact Report ("EIR") and all their decisions, approvals and findings for the Watsonville Vista 2030 General Plan ("Project") on January 22,2013 and April23, 2013, including, but not limited to, approval of Resolutions 12-13, 13-13 and 63-13, and to comply with the Court's Statement of Decision and to follow California law, statutes and regulations including but not limited to complying with the State Aeronautics Act, the California 28 Order and Judgment 2
Attachment 6

2 of 4
1 Environmental Quality Act ("CEQA") and the CEQA Guidelines. Thereafter, if said 2 Respondents undertake reconsideration of any of the actions required to be set aside, such 3 reconsideration shall be required to be in accordance with this Court's Statement of Decision 4 attached hereto as Exhibit "A".
5 6
7 3. Injunctive relief is hereby granted as follows. Respondents City ofWatsonville and City Council of the City of Watsonville are prohibited from implementing the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 and 63-13 or basing any action on or engaging in 8 any activity pursuant to the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 9 and 63-13, unless and until the environmental review and the Watsonville Vista 2030 General 10 Plan and Resolutions 12-13, 13-13 and 63-13 are revised to comply with the Court's Statement 11 12
13 of Decision and California law, including but not limited to its statutes and regulations known as the California State Aeronautics Act, CEQA and the CEQA Guidelines

4. Petitioners are awarded their costs of suit as against the City of Watsonville and the 14 City Council of the City of Watsonville upon application to this Court pursuant to California 15 Rules of Court, R:ule 3.1700.
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5. This Court reserves jurisdiction to determine the amount of attorneys' fees to be awarded to Petitioners upon application to this Court pursuant to California Rules of Court, Rule

3.1702.

6. The Court reserves jurisdiction over said Respondents' proceedings by way of return to the Peremptory Writ of Mandate, and reserves jurisdiction to determine compliance with the Writ of Mandate. Said Respondents are required to file a return to the Peremptory Writ of Mandate within 30 days of service of the Peremptory Writ, showing that said Respondents have set aside certification of the EIR and all of said Respondents' decisions, approvals and findings for the Watsonville Vista 2030 General Plan including, but not limited to, approval of Resolutions 12- 13, 13-13 and 63-13 within 30 days of service ofthis Peremptory Writ. Thereafter, if said Respondents undertake reconsideration of any ofthe actions required to be set aside, said 28 Order and Judgment 3
Attachment 6

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1 2
3 Respondents must file a further return to this Peremptory Writ demonstrating continued compliance with the Peremptory Writ. In the event of such reconsideration, the Court retains jurisdiction until the Court has determined that said Respondents have complied with this 4 Court's Statement of Decision and the Judgment entered herein. 5 G
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9 7. No Peremptory Writ of Mandate shall issue in this case as against the California Department of Transportation, Division of Aeronautics, and notwithstanding the foregoing, no costs or attorneys fees shall be awarded in favor of the California Department ofTransportation, Division of Aeronautics, as against Petitioners.
10 11
12 13
Dated: S£P 1 2 2014
14 Approved as to Form:
15 !Jo~ o'%ecAeJ... +o bl..{ .'
Rick Jarvis 16
17 Attorney for Respondents
City of Watsonville and City
18 Council of the City of Watsonville
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27 myn mn
Attorney for Respondent
California Department of Transportation
28 Order and Judgment
PAUL M. MARIGONDA
Paul M. Marigonda
Judge of the Superior Court
4 Attachment 6

4 of 4
it
0 u
1 Jonathan Wittwer, SBN 058665
William P. Parkin, SBN 139718
2 WITTWER PARKIN LLP ·
147 S. River Street, Suite 221
3 Santa Cruz, CA 95060
Telephone: (831) 429-4055
4 Facsimile: (831) 429-4057
[email protected]
5 Attorneys for Petitioners,
6 WATSONVILLE PILOTS ASSOCIATION and
FRIENDS OF BUENA VISTA and SIERRA CLUB
Ef~
SEP 12 ;01~ ~J ALEX C. \LVO, CLL=AK
BY ROF:~NCE PATTEN
OEPUT'!, SAf\!'r!\ CRUZ COUNTY
7 8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ
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14 WATSONVILLE PILOTS ASSOCIATION, Case No. CV176416
a California non-profit corporation, FRIENDS OF BUENA VISTA, an unincorporated association, and the SIERRA WRIT OF MANDAMUS CLUB, a non-profit public benefit
corporation,
15 16 Petitioners,
'l] 17 vs.
18 19
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22 23
24 25
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28 CITY OF WATSONVILLE, CITY

COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORNIA

DEPARTMENT OF TRANSPORTATION,
DMSION OF AERONAUTICS and DOES 1
THROUGH 15,
Respondents.
1 "”
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Jonathan Wittwer, SBN 058665
William P. Parkin, SBN 139718
WITTWER PARKIN LLP ‘
147 S. River Street, Suite 221
Santa Cruz, CA 95060
Telephone: (831) 429-4055
Facsimile: (831) 429-4057
[email protected]
SEP122014
LEX C.‘;?.V0, CLERK

BY FLOFLENCE PATIEN
DEPUT‘/. SANT."a CRUZ COUNTY
Attorneys for Petitioners,
WATSONVILLE PILOTS ASSOCIATION and
FRIENDS OF BUENA VISTA and SIERRA CLUB

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ
WATSONVILLE PILOTS ASSOCIATION, Case No. CV176416
a California non-profit corporation,
FRIENDS OF BUENA VISTA, an
unincorporated association, and the SIERRA
CLUB, a non—profit public benefit
corporation,

WRIT OF MANDAMUS
Petitioners,
VS.

CITY OF WATSONVILLE, CITY

COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORNIA

DEPARTMENT OF TRANSPORTATION,
DIVISION OF AERONAUTICS and DOES 1
THROUGH 15,
Respondents.

Attachment 7

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9 TO THE CITY OF WATSONVILLE AND THE CITY COUNCIL OF THE CITY OF WATSONVILLE, and each of you:

Judgment having been entered in this proceeding ordering that a peremptory writ of mandate be issued .from this Court,
YOU ARE HEREBY COMMANDED, by the second regularly scheduled meeting of the City Council following service of this writ:

1. To set aside your certification of the Environmental Impact Report ("EIR") and all your decisions, approvals and findings for the Watsonville Vista 2030 General Plan on January 10 22, 2013 and April 23, 2013, including, but not limited to, approval of Resolutions 12-13, 13-13 11 12
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27 and 63-13. You are hereby directed to comply with the Court's Statement of Decision and to follow California law, including but not limited to its statutes and regulations known as the California Aeronautics Act, the California Environmental Quality Act ("CEQA") and the CEQA Guidelines.

2. These proceedings are hereby remanded to you to proceed in accordance with this Court's Statement of Decision and Judgment, and to take any further related action specially enjoined on you by law to implement the Court's Statement of Decision and Judgment. . 3. You are prohibited from implementing the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 and 63-13, or basing any action on or engaging in any activity pursuant to the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 and 63-13, unless and until the environmental review and the Watsonville Vista 2030 General Plan and Resolutions 12- 13, 13-13 and 63-13 are revised to comply with the Court's Statement of Decision, and California law, including but not limited to its statutes and regulations known as the California State Aeronautics Act, the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the Court is satisfied that you have complied with this peremptory writ of mandamus by way of a return to the writ.
28 Wn"t of Mandamus 2
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28 TO THE CITY OF WATSONVILLE AND THE CITY COUNCIL OF THE CITY OF WATSONVILLE, and each of you:

Judgment having been entered in this proceeding ordering that a peremptory writ of mandate be issued -from this Court,
YOU ARE HEREBY COMMANDED, by the second regularly scheduled meeting ofthe City Council following service ofthis writ:

1. To set aside your certification ofthe Environmental Impact Report (“EIR”) and all your decisions, approvals and findings for the Watsonville Vista 2030 General Plan on January 22, 2013 and April 23, 2013, including, but not limited to, approval ofResolutions 12-13, 13-13 and 63-13. You are hereby directed to comply with the Court’s Statement of Decision and to follow California law, including but not limited to its statutes and regulations known as the California Aeronautics Act, the California Environmental Quality Act (“CEQA”) and the CEQA I Guidelines.

2. These proceedings are hereby remanded to you to proceed in accordance with this Court's Statement ofDecision and Judgment, and to take any further related action specially enjoined on you by law to implement the Court’s Statement of Decision and Judgment. . 3. You are prohibited from implementing the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 and 63-13, or basing any action on or engaging in any activity pursuant to the Watsonville Vista 2030 General Plan or Resolutions 12-13, 13-13 and 63-13, unless and until the environmental review and the Watsonville Vista 2030 General Plan and Resolutions 12- 13, 13-13 and 63-13 are revised to comply with the Court’s Statement ofDecision, and California law, including but not limited to its statutes and regulations known as the California State Aeronautics Act, the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines and the Court is satisfied that you have complied with this peremptory writ of mandamus by way ofa return to the writ.

Writ ofMandamus 2
Attachment 7
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1 4. This Court reserves jurisdiction over your proceedings by way of return to this 2 Peremptory Writ of Mandate, and reserves jurisdiction to determine compliance with the Writ of 3 Mandate, the Court's Statement of Decision and Judgment entered herein. You shall file a return 4 to this Peremptory Writ of Mandate within 45 days of service of this Peremptory Writ, showing 5 6
7 8
that you have set aside your certification of the EIR and all your decisions, approvals and findings for the Watsonville Vista 2030 General Plan on January 22, 2013 and April23, 2013, including, but not limited to, approval of Resolutions 12-13, 13-13 and 63-13. Thereafter, ifyou undertake reconsideration of any of the actions required to be set aside, you must file a further 9 return to this Peremptory Writ demonstrating your continued compliance with this Peremptory 10 Writ. In the event of such reconsideration, the Court retains jurisdiction until the Court has 11 determined that Respondents have complied with this Court's Statement ofDecision and the 12 Judgment entered herein.
13 14
15 Dated: SEP 1 2 2014
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20 21
22 23
24 25
26 27
Approved as to Form:

Rick Jarvis
Attorney for Respondents
City of Watsonville ~d City
Council of the City of Watsonville
Raiyn ld~~ Bain •
Attorney for Respondent
California Department of Transportation
28 Writ of Mandamus

FLORENCE PATTEN
Clerk of the Superior Court
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4. This Court reserves jurisdiction over your proceedings by way ofreturn to this Peremptory Writ ofMandate, and reserves jurisdiction to detennine compliance with the Writ of Mandate, the Court’s Statement ofDecision and Judgment entered herein. You shall file a return to this Peremptory Writ ofMandate within 45 days of service ofthis Peremptory Writ, showing that you have set aside your certification ofthe EIR and all your decisions, approvals and findings for the Watsonville Vista 2030 General Plan on January 22, 2013 and April 23, 2013, including, but not limited to, approval ofResolutions 12-13, 13-13 and 63-13. Thereafier, ifyou undertake reconsideration of any ofthe actions required to be set aside, you must file a further return to this Peremptory Writ demonstrating your continued compliance with this Peremptory Writ. In the event of such reconsideration, the Court retains jurisdiction until the Court has determined that Respondents have complied with this Court’s Statement ofDecision and the Judgment entered herein.

Dated; SEP ‘I2 2014 FLORENCE PATTEN
Clerk ofthe Superior Court
Approved as to Fonn:

Rick Jarvis
Attorney for Respondents
City of Watsonville and City
Council ofthe City of Watsonville
fl4\./
Raiyn Bain ‘
Attorney for Respondent
California Department ofTransportation
Writ ofMandamus 3
Attachment 7
3 of 3

Jonathan WittWer, SBN 058665
William P. Parkin, SBN 139718
2 WITTWER PARKIN LLP
147 S. River Street, Suite 221
3 Santa Cruz, CA 95060
Telephone: (831) 429-4055
4 Facsimile: (831) 429-4057
[email protected]
5 Attorneys for Petitioners,
6 WATSONVILLE PILOTS ASSOCIATION and
FRIENDS OF BUENA VISTA and SIERRA CLUB
E
SEP-12 2014
ALEX ~ALVO, CLERK
BY FLOf1ENCE PATTEN

DEPUTY, SANTA CRUZ COUNTY
7 8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ
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18 19
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22 23
24 25
26 27
28 WATSONVILLE PILOTS ASSOCIATION, Case No. CV176416
a California non-profit corporation,
FRIENDS OF BUENA VISTA, an
unincorporated association, and the SIERRA (RAQP'; 127) STATEMENT OF CLUB, a non-profit public benefit DECISION
corporation,
Petitioners,
vs.

CITY OF WATSONVILLE, CITY

COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORNIA

DEPARTMENT OF TRANSPORTATION,
DMSION OF AERONAUTICS and DOES 1
THROUGH 15,
Respondents.

Attachment 8

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This matter came on regularly for a hearing on June 20,2014, in Department 5 of the 2 above-entitled court. the Honorable Paul M. Marigonda presiding. William Parkin appeared for 3 Petitioners Watsonville Pilots Association, Friends of Buena Vista, and the Sierra Club 4 (Petitioners). Rick Jarvis and Alan Smith appeared for Respondents City of Watsonville and the 5 City Council ofthe City of Watsonville (collectively "City''). And, Rai:yn Bain appeared on 6 behalf of Respondent California Department of Transportation, Division of Aeronautics 7 (CDOA).
8 The evidence consists of the 16 volumes of the Administrative Record from Case No. 9 154571 and on file with the Court, and four volumes lodged in the above captioned matter. See 10 Stipulation Regarding Certification of the Administrative Record. Said record was certified by 11 the City.
12 The Court has considered the evidence, the pleadings, the briefs filed by the parties, the 13 oral arguments of counsel presented at the hearing on June 20, 2014. For the reasons set forth 14 below, the Court's decision is to grant the Petition for Writ of Mandate. 15 16 A. STATEMENT OF FACTS
17 On May 23, 2006, the City adopted an amendment to the City General Plan denominated 18 the "Watsonville Vista 2030 General Plan" (2030 Plan) and certified the associated 19 Environmental Impact Report (EIR). (AR vol. 1: 1-23). The 2030 Plan included new areas to 20 be annexed into the City, one of which, the Buena Vista area, partially surrounds the Watsonville 21 Airport. (AR vol. 1: 27, 290). Petitioners filed petitions for writ of mandate challenging the 22 City's 2006 certification of the 2030 Plan EIR and adoption of the 2030 Plan. (See Santa Cruz 23 Superior Court Case No. 154571- "WPA !').
24 On March 21,2008, this Court issued a Statement of Decision granting the petitions. (AR 25 vol. B:11868). The Court found that the City had violated both the SAA and CEQA, because, 26 inter alia, the 2030 Plan unlawfully modified Airport Safety Zone 3 and land use compatibility 27 guidelines, and the EIR inadequately analyzed aviation impacts and traffic impacts, and failed to 28 consider a reasonable range of alternatives. (AR vol. B:l1868-11877). Judgment was entered Statement of Decision 2
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1 for the Petitioners against the City, and a peremptory writ of mandate was issued directing the 2 City to set aside its certification ofthe ElR., its approval ofthe 2030 Plan, and its 2005 resolution 3 amending the Airport Master Plan. (AR vol. B:l1930-11932). The City. filed a Notice of Appeal 4 in June 2008. On March 15, 2010, the Sixth District Court of Appeal upheld the judgment of the 5' trial court. Watsonville Pilots Assn. v. City of Watsonville, (2010) 183 Cal.App.4th 1059. On 6 May 11, 2010, the City Council rescinded its approval of the EIR, the 2030 Plan and related 7 approvals to comply with the writ of mandate upheld by the Court of Appeal. (AR vol. A: 10561- 8 10563).
9 On June 12, 2012, the City circulated for a 45-day public review period a "Re-circulated 10 Draft Environmental Impact Report." During the public review period, tlle City's Planning 11 Commission conducted a public hearing on the revised 2030 Plan and the Re-circulated Draft 12 ElR. and recommended that the City Council adopt the same. (AR vol. A: 11048-11 049). 13 On September 25, 2012, the City Council conducted a public hearing to consider 14 readoption of the 2030 Plan and the Final Re-circulated ElR, but continued the hearing. On 15 November 14, 2012, the City issued a .. Revised Re-circulated EIR" for a45-daypublic comment 16 period. (AR vol. A:ll049).
17 On January 22, 2013, the City Council certified a Final ElR. with all of the recirculated 18 revisions and reapproved tJte 2030 Plan. (AR vol. A: 11049). On April23, 2013 (and after this 19 litigation was filed), the City Council made additional changes to the 2030 Plan. (AR vol. 20 A: 11181-11185). By this action, the Petitioners challenged the validity of both the revised 2030 21 Plan and the Revised Re-circulated 2030 Plan EIR.
22 23 The ruling of this Court is to grant the Petition for Writ of Mandate as follows:
24 1) lnfill and Population Growth Projections
25 When the Court examines whether an EIR meets its informational requirements, as noted 26 by the standard of review, the Court looks to whether the document is sufficient as an 27 informative document. The Court reviewed the population numbers that were presented in the 28 record. It is unclear in examining the record what analysis was used in the final EIR to support Statement of Decision 3
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the figures as to infill potential. In 2006, the City projected that by 2030 there would be 70,418 2 residents and 5,700 new households based on 2004 projections from the Association of 3 Monterey Bay Area Governments (AMBAG). But then in 2008, AMBAG reduced its population 4 projections significantly. The City's revised 2030 plan estimated that the City's population 5 would grow by 14,632 individuals using the formula that 3.63 persons is the average household. 6 The City's projections were higher than AMBAG's 2008 projections, and it appears that the City 7 reached its numbers by just averaging the 2004 and 2008 AMBAG projections rather than doing 8 an empirical method study looking at historical data. The final EIR justifies the projection 9 saying: "In 2008 AMBAG issued a new set of growth forecasts which were markedly reduced for 10 the City of Watsonville. This was likely due to the deep recession that has been experienced 11 throughout the United States." The concern that this Court has is that these numbers were 12 averaged, but without any empirical analysis. It is not clear how the City concluded that 13 AMBAG's consideration of the economy was somehow overly influencial in the numbers 14 AMBAG brought forth. There is no explanation and no analysis as to how averaging the 2004 15 and 2008 projections would reflect the historical trends or give any sort of meaningful projection 16 of new residents and households by 2030. Therefore the City has not presented substantial 17 evidence to support its figures.
18 With respect to infill potential within existing City limits, the revised General Plan 19 reduced potential infill in the City by 650 units. The City states that this analysis was done in a 20 detailed parcel by parcel analysis of potential infill. But looking at the record there is no analysis 21 of infill conducted since the 2005 General Plan, and none in the 2030 Plan. And when 22 responding to a comment the City said the infill reduction was based on the updated housing 23 element that was prepared in 2010. But the housing element states that the 2005 General Plan 24 was used. So both in the prior 2030 plan and the revised 2030 p~an, the· City is still using the 25 2005 General Plan for the housing element. The City also used round numbers. Some infill 26 numbers in areas of the City were reduced by 200, others areas were reduced by 100. These infill 27 reductions were done without a proper analysis that informs the public, and the conclusions are 28 not supported by substantial evidence.

Statement of Decision 4
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1 2) Mitigation Measures for Highway 1 Traffic Are Inadequate 2 To mitigate impacts to Highway 1, the EJR states that the City would support the 3 widening of Highway 1, and HOV lanes, between the Santa Cruz/Monterey County boundary. 4 The case of Anderson First Coalition v. City of Anderson (2005) 130 Cal.App.4th 1173 involved 5 a project that was going to be near State Highway 273 and Highway 5 in Shasta County. The 6 Anderson First court concluded that any mitigation measures must be based on "on a reasonable 7 plan of actual mitigation that the relevant agency commits itself to implementing." Jd. at 1187. 8 Thus, it has to be something that is actual and not assumed. 9 The City's position has been that because llighway 1 is a state highway, the City cannot 10 control it or decide to expand it. The City argues that it will support widening and participate 11 through a voter initiative. However, special taxes under such an initiative would require a two12 thirds vote of the electorate. The mitigation measures regarding traffic assume that certain things 13 will happen, or hope for certain things to happen: voter support of a mitigation project. The 14 Anderson First case holds that mitigations must actually be implemented and not merely adopted 15 and then neglected or discarded. Here, the mitigation depends on a potential vote of the public, 16 and hoping that a two-thirds vote is achieved.
17 The Petitioners had suggested some mitigations within the City to reduce the impact of 18 vehicles on Highway 1, such as regulation of traffic lights, installation of traffic lights and 19 metering. By saying that there is no fmancially feasible or equitable way to mitigate the 20 acknowledged regional traffic impact and finding that this is significant and unavoidable, without 21 any real mitigation analysis, is insufficient.
22 With respect to the mitigation measures, and the impact of the mitigations, the Court also 23 finds that the City's actions in certifying the revised EIR without any actual mitigation measure 24 to address these traffic impacts is not supported by substantial evidence and is an abuse of. 25 discretion.
26 27 3) Measure U
28 The leading case on amendment of initiatives involves implementation of the November Statement of Decision 5
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1 1996 Initiative Proposition 215 which added Health and Safety Code Section 11362.5 (i.e.,. 2 medical marijuana). People v. Kelly (2010) 47 Ca1.4th 1008. That case had to do with a 3 challenge by a defendant to the alleged am~dment to the Medical Marijuana Compassionate Use 4 Act (Proposition 215). The language that is significant to the Court is that People v. Kelly did 5 hold that laws can be enacted addressing the general subject matter of an initiative. !d. at 1025. 6 Although Measure U created these urban limit lines for the 20 and 25 year growth, it is not clear 7 that the reduction ofinfill violates Measure U. It's a close question, but the Court is not going.to 8 void the 2030 plan as an amendment to Measure U because the Court believes it addresses the 9 general subject matter of Measure U. Thus, the Petition is denied as to this ground. 10 11 4) The Alternatives Analysis is Flawed
12 As already determined by this Court, the population and infill numbers are not supported 13 by substantial evidence. The revised EIR considers four alternatives. The revised EIR says each 14 one of them is infeasible. The analysis and findings of infeasibility as to Alternatives 1 and 2 are 15 flawed, because the population and infill numbers are not supported by substantial evidence as 16 determined by the Court supra. Whether the Court addresses Alternatives 3 and 4 is not 17 important. The rejection of Alternatives 1 and 2 is based on the projections that the Court 18 believes are not supported by substantial evidence. Ifthe more recent 2008 AMBAG population 19 projections are used, and the 650 units that the City claims are reduced from in:fill potential are 20 considered, the City could accommodate 1913 units by infill without annexation, which would 21 meet the City's objective for distributing 1900 new units of new growth. And the rejection based 22 on employment constraint is not sufficient. Most of the objectives that are sought by the General 23 Plan could be met even if the employment objective was not fully met. 24 25 5) The General Plan Violated the Aeronautics Act
26 One thing is abundantly clear from the 2010 Court of Appeal's decision: the City has 27 absolutely no discretion whatsoever with respect to the Airport Land Use Planning Handbook 28 ("Aeronautics Handbook"). The Court of Appeal in this matter (at 183 Cal.App.4th 1 059) said Statement of Decision 6
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1 because there is no Airport Land Use Commission, the City has no discretion with respect to the 2 Aeronautics Handbook under the State Aeronautics Act. 3 Under Public Utilities Code Section 21670.1, it is very clear that the General Plan must 4 be submitted to the Department of Aeronautics upon its adoption. Sending the draft General Plan 5 with the alternative section of the draft EIR is not enough. The City may have been 6 understandably frustrated by the CDOA's inability to make certain meetings despite their efforts. 7 But, not submitting the General Plan to CDOA is a violation of21670.1. 8 Section.l3.i.5 of the General Plan appears to still allow the City some discretion to fmd 9 "no alternate site" so as to allow uses that represent special safety concerns that . must be 1 0 prohibited for Airport Safety Zones 3 and 5 in the Aeronautics Handbook. The Court of Appeal 11 made clear that the City has no such discretion because this is a "no procedure" county. Thus, 12 section 13.i.5 does not pass muster.
13 Another issue that was raised was the deletion of certain safety protection language m 14 Section 13.i.5 on April23, 2013. While the Court does not find it reasonable to prohibit all infill 15 in Zones 3 and 5, the Court has concerns regarding the area within 500 feet from the runway 16 and considers such deletion to result in a safety problem inconsistent with the Aeronautics 17 Handbook. The Court is bound by the dictates of the Appellate Courts throughout the State in 18 the application of Aeronautic Handbook policies.
19 In light of finding the foregoing violations of the State Aeronautics Act, the Court need 20 not rule on Petitioners contentions that the City violated CEQA by failing to analyze the 2030 21 Plan's inconsistencies with the Aeronautics Handbook, and failing to respond to comments in the 22 2030 Plan EIR.
23 As to the issues raised by CDOA in its response brief, the Court first addresses and denies 24 the City's objections pursuant to Government Code section 65009, subd. (b). Based on the 25 uniqueness of the situation and the mandates of the Court of Appeal decision regarding PUC 26 section 21670.1, Government section 65009 is excused as it pertains to CDOA raising new 27 issues not addressed during the administrative process. The Court further coQ.cludes that the 28 Watsonville Airport Master Plan ("W AMP") is a document for land use planning on the airport, Statement of Decision 7
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1 and is not the proper document for airport land use compatibility planning. The Handbook 2 criteria shall be incorporated as part of the City's general plan, and not in other documents, such 3 as the WAMP. Lastly, the Court concludes that the City violated PUC section 21670.1 by 4 improperly placing the majority of the information regarding airport land use compatibility issues 5 in the Public Hazards section rather than the Land Use and Community Development section, 6 thus failing to incorporate or refer to the policies contained in the Public Hazards section. 7 CONCLUSION
8 For the reasons detailed above, the Court finds that the City violated the California 9 Environmental Quality Act and the State Aeronautics Act, and orders that a Writ of Mandamus 10 issue directing the City to rescind its approval of the Watsonville Vista 2030 Plan, its 11 certification of the revised EIR, its adoption of the Statement of Overriding Considerations, and 12 all related approvals. The Court hereby orders that judgment be entered in favor of the 13 Petitioners.
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28 Dated: _ S_£P_ 1_2_2_U._I4_
Approved as to Form:
f'Jo\- ob~ec\-eJ.. -\n bl.{ ~' Rick Jarvis
Attorney for Respondents
City ofWatsonville and City
Council of the City of Watsonville
Statement of Decision
PAUL M. MARIGONDA
THE HONORABLE PAUL M. MARIGONDA
8 Attachment 8
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I !UifL~~ 2 Attorney for Respondent
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7 B
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California Department of Transportation
Statement of Decision 9
Attachment 8

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EXHIBIT B
Exhibit B

JEANNE SCHERER, Chief Counsel
LAUREN A. MACHADO, Deputy Chief Counsel
2 JOANNE GEORGALLlS, Assistant Chief Counsel
3 RAIYN BAIN Attorney Bar No. 146862
1120 N Street (MS 57) P.O. Box 1438
4 Sacramento, Califomia 95812-1438
Telephone: (916) 654-2630
5 Facsimile: (916) 654-6128
6 Attorneys for

STATE OF CALIFORNIA,
7 DEPARTMENT OF TRANSPORTATION
8 9
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Alan J. Smith, SBN: 87770

GRUNSKY, EBEY, FARRAR & HOWELL
240 Westgate Drive
Watsonville, CA 95076
Telephone: (831) 722-2444
Facsimile: (831) 722-6153
Attorneys for Respondents 12
13 CITY OF WATSONVILLE and the CITY COUNCIL OF

THE CITY OF WATSONVILLE
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18 19
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William P. Parkin, SBN 139718

WITTWER & PARKIN, LLP
335 Spreckels Drive, Suite H
Aptos, CA 95003
Telephone: (831) 429-4055
Facsimile: (831) 429-4057
[email protected]
Attorneys for Petitioner

WATSONVILLE PILOTS ASSOCIATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ
22 WATSONVILLE PILOTS ASSOCIATION, a Case Nos. 176416
23 24
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California non-profit corporation, et a1.

Petitioners,
vs.

CITY OF WATSONVILLE, et a1.

Respondents.

JOINT STIPULATION AND [PROPOSED]

ORDER RE PARTIAL RETURN TO WRIT

OF MANDATE ENABLING CITY

APPROVAL OF ATHLETIC FIELD

PROJECT AND AUDITORIUM PROJECT

FOR PAJARO VALLEY HIGH SCHOOL
Joint Stipulation and [Proposed] Order Re Partial Return to Writ of Mandate ,

ELECTRONICALLY RECEIVED
10/30/2019 10:42 AM
xxxxxx 17CV02271
Filed
November 1, 2019
Alex Calvo, Clerk
Gonzalez, Sandra
Deputy, Santa Cruz County
By

Introduction
2 Petitioner Watsonville Pilots Association ("WPA"), and Respondents City of Watsonville 3 and City Council of the City of Watsonville (collectively "CITY"), and the Califomia 4 5
Depmiment ofTranspOliation, Division of Aeronautics ("AERONAUTICS DIVISION"), 6 (collectively "the Parties") by and through their respective attomeys, hereby jointly stipulate and 7 agree as set fOlih below. Furthennore, because the Pajaro Valley Unified School District 8 ("PVUSD"), particularly its Pajaro Valley High School ("PVHS") site, is directly affected by 9 this Stipulation and its requested Court Order, PVUSD, by and through its attomey, hereby 10 represents that it concurs with this Stipulation and the requested Court Order, though it is not a 11 12 party to this litigation but is a pa1iy to the related Settlement Agreement between PVUSD and 13 WPA.
14 15 RECITALS
16 Purposes of Stipulation
17 18 WHEREAS, one purpose of this Joint Stipulation is to obtain a Court Order rendering 19 effective the CITY's April 24, 2018 Approval of the PVUSD PVHS Athletic Field Project and 20 the CITY's June 25,2019 Approval of the PVUSD PVHS Auditorium Project ("CITY's 21 Approvals") (by amendment to the Coastal Development Pennit ("COP") and Special Use 22 Pennit ("SUP") with Design Review Pennit (collectively and hereinafter "COP/SUP No. 00- 23 24
28"» pursuant, respectively, to an October 19, 2017 letter and a January 9, 2019 letter, each 25 fi·om the AERONAUTICS DIVISION to the CITY, such Court Order to detelmine that the 26 CITY's Approvals are properly "grandfathered" with regard to the two Peremptory Writs of 27 Mandate issued in favor ofWPA by this CQurt in Case Nos. CV 176416 ("WPA II") and Case 28 Nos. CV 154571 and CV 154572 ("WP A I" - consolidated as Case No. 154571 in Santa Cruz Joint Stipulation alld [Proposed} Order Re Partial Relul'll 10 Writ of Mandate Page 550 of 705 , 2 3
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28 County Superior Court and affinned by the Sixth District Court of Appeal Published Opinion in Watsonville Pilots Assn. v. City o/Watsonville (2010) 183 Cal.AppAth 1059) (collectively the "COURT DECISIONS").

WHEREAS, the additional, interdependent purposes of this Stipulation are to obtain a Court Order that:
(I) the specific limited grandfathering of the Amendment to CDP/SUP No. 00-28 does not apply to any other pending or future projects and no precedent for any pending or future projects is created by the foregoing; and
(2) the COURT DECISIONS, including but not limited to the Judgments and Peremptory Writs of Mandate issued therein remain in full force and effect, and thereunder the CITY remains mandated to incorporate the Airport Handbook into its General Plan as "nondiscretionary" standards, and utilize the most stringent of those Airport Handbook standards, and to otherwise comply with the aforementioned Judgments and Writs.

Summary Background fol' Joint Stipulation
WHEREAS, on April 24, 2018 the City Council adopted a Resolution approving an Amendment to CDP/SUP No. 00-28 for the PVUSD Athletic Field Project at PVHS based, inter alia, on the following:
[O]n June 29,2017, PVUSD and the WPA commenced confidential meetings to discuss a settlement proposal the WPA was prepared to offer to resolve the parties' differences. and
[O]n September 13, 2017, PVUSD entered into a Settlement Agreement with the WPA.

WHEREAS, pursuant to the Settlement Agreement WPA and PVUSD made Joint Requests to the AERONAUTICS DIVISION to enable the CITY to approve the Athletic Field Project and subsequently the Auditorium Project and the AERONAUTICS DIVISION on Joint Stipulation and [Proposed} Order Re Partial Return to Writ of Mandate Page 551 of 705 , October 19,2017 the AERONAUTICS DIVISION sent a letter to the CITY conditionally 2 enabling processing and approval by the CITY of the Athletic Field Project and by subsequent 3 letter on JanualY 9,2019 the Auditorium Project, each by Amendment to COP/SUP No. 00-28 . 4 Those letters noted that AERONAUTICS DIVISION had previously informed the CITY that 5 6 consideration of any amendment to COP/SUP No. 00-28 issued to PVUSD for PVHS in 2001 7 would be premature until the CITY first amended its General Plan to incorporate the criteria in 8 the California Airport Land Use PlalUling Handbook and FAA Regulations (collectively "Airport 9 Handbook"). The AERONAUTICS DIVISION's letters then proceeded to enable "Limited 10 Grandfatheling" from that requirement based on the following:

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12 (I) When the AERONAUTICS DIVISION evaluated the school site for acquisition 13 suitability in August of2000, PVUSD had devoted uses and vested plans for the 14 15 sports fields and bleachers and an auditorium in the locations now proposed. 16 (2) Because of the Settlement Agreement between PVUSD and the WPA, PVUSD has 17 revised its Athletic Field Project and School Site developability to restore PVHS to 18 19 the footprint for acquisition suitability not objected to by the AERONAUTICS 20 DIVISION on August 14, 2000, including by having now completed recordation of a 21 Deed Resttiction precluding development of the so-called "Expansion Area" not 22 previously considered or approved by the AERONAUTICS DIVISION. The 23 AERONAUTICS DIVISION's letter further noted that in the Settlement Agreement, 24 25
PVUSD also agreed to grant an Avigation Easement to support the AERONAUTICS 26 DIVISION's August 14,2000 suitability finding which required an Avigation 27 Easement, and which has now been duly recorded.
28 Joint Stiplilation and [Proposed} Order Re Partial Relllrn to Writ of Mandate Page 552 of 705 , WHEREAS, the AERONAUTICS DIVISION letters have recognized that grand fathering 2 could reasonably be allowed for:
3 4 (1) Application processing and decision by the CITY for Amendment to COP/SUP No. 5 00-28 for the Athletic Field Project and the AuditOllum Project without prior 6 incorporation of the Airport Handbook into the Watsonville General Plan as "non7 discretionary" standards as othelwise required by the COURT DECISIONS; and 8 9 (2) Allowing intensity of use for:
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II a. (a) the entire proposed 8+/- acre Athletic Field Project to be based on the 12 maximum intensity of I ,200 people stated in the 2011 California Airport Land 13 Use Planning Handbook, Page 4-25, (with an exception for fomteen annual 14 Special Events with a maximum usage intensity of2,200 people); and 15 16 b. (b) for the Auditorium Project to be based on the 1 ,200-person maximum 17 allowed in the 2011 Handbook,
18 19 rather than applying the "most stringent" Airport Handbook standards, conditions, 20 and criteria, otherwise mandated, under the COURT DECISIONS. 21 22 WHEREAS, the AERONAUTICS DIVISION letters stated that it would not object to the 23 above-described "Limited Grandfathering" under the below summarized specified conditions, 24 which were required to be included in the CITY's Approval Documents for the Athletic Field 25 26
Project and for the Auditorium Project:
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Joint Stiplliation and [Proposed} Order Re Partial Retllrn to Writ of Mandate Page 553 of 705 , (I) The Athletic Field Project and the Auditorium Project shall be located on the 2 "Existing Footprint" Area of the PVHS School Site found suitable by the 3 AERONAUTICS DIVISION in 2000.
4 5 (2) A Legal Instrument signed by PVUSD which is binding in favor of, and enforceable 6 by the CITY and the WPA, must be recorded (and was recorded on October 16,2018 7 in the form of a Deed Reshiction and Declaration of Covenants) precluding any 8 9 development on the "Expansion Area" (the northerly area of approximately nine acres 10 outside the Existing Footprint). The CITY (as well as WPA) shall accept a legal II obligation to enforce such Legal Instrument and it shall run with the land and be for 12 aviation safety purposes.
13 14 (3) PVUSD shall record an Avigation Easement over the PVHS School Site dedicated in 15 favor of the Watsonville Airport and the WPA in a specified form and the CITY shall 16 accept such Avigation Easement as a legal obligation to enforce such Avigation 17 Easement and it shall run with the land and be for aviation purposes. Said Avigation 18 19 Agreement was recorded October' 16, 2018.
20 (4) Lighting of any Athletic Field or having any event on or at an Athletic Field. 21 22
illuminated with even temporary lighting, shall be prohibited for aviation safety 23 purposes and this prohibition shall be included in the Avigation Easement. 24 (5) PVUSD shall deposit One Hundred Thousand Dollars ($100,000.00) into an escrow 25 26 account from which the CITY may withdraw into its Airport Enterprise Fund 27 amounts for costs incurred to remove vertical obstructions (i.e., trees, poles and other 28 similar objects), or to install approach lighting, or for any other purpose which would Joint Stipulation and [Proposed} Order Re Partial Return to Writ of Mandate Page 554 of 705 '- 2 3
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28 enhance lowering the current minimums to 250 feet above ground level ("250' agl") for approach to the AirpOlt.
(6) PVUSD shall abide by the current development restrictions on the lands surrounding the Existing Footprint as required by the existing 2001 COP, including, but not limited to, the ESHA and agricultural buffer areas surrounding the PVHS School Site.

WHEREAS, the October 19,2017 AERONAUTICS DIVISION letter and the January 9, 2019 AERONAUTICS DIVISION Letter to the CITY each closed by establishing the following requirement for any CITY Approval of the PVUSD Application for the Athletic Field Project and the Auditorium Project, respectively, to become effective:

In fuliher addition to the foregoing, if the [CITY] approves PVUSD's application for an amendment to the COP to enable development and operation of the Athletic Field Project, before such Approval may become effective, the [AERONAUTICS DIVISION] will require the [CITY] and WP A to join it in signing and submitting to the Superior COlllt a Stipulation for Paliial Retum to Writ satisfactory to the [AERONAUTICS DIVISION] and obtaining an Order thereon signed by the COUlt. Such Stipulation and Order shall provide for a COUlt Order that the above "limited grandfathering" is authorized and that approving the amendment to the COP enabling development and operation of the Athletic Field Project is proper, that no precedent is created by the foregoing, that the COUlt Judgments and Writs in Superior COUlt Case Nos. CV 176416 and consolidated Case Nos. CV 154571 and CV 154572 (the latter based on the Sixth District Court of Appeal Opinion in Watsonville Pilots Assn. v. City o/Watsonville (2010) 183 Cal.App.4th 1059) remain in full force and effect, and that the City is mandated to incorporate the AirpOlt Handbook into its General Plan as "nondiscretionary" standards, and utilize the most stringent of those standards, and to otherwise comply with the aforementioned Judgments and WIltS.

WHEREAS, on April 24, 2018 the CITY, by and through its City Council, adopted Resolution No. 67-18 which approved conshuction and operation of the Athletic Field Project and on June 25,2019 adopted Resolution No. 18-19 (PC) which approved construction and operation of the Auditorium Project, each Approval being for an Amendment to COP/SUP No. 00-28 and said Resolutions intended to incorporate in said Approval the above-described "Limited Grandfathering" subject to the above-listed conditions. The Parties by this Joint Joint Stipulation and [Proposed} Order Re Partial Return to Writ 0/ Mandate Page 555 of 705 o Stipulation and Request for Court Order thereon intend to achieve compliance with the above2 quoted requirement of the AERONAUTICS DIVISION for the CITY Approvals of the PVUSD 3 Applications for the Athletic Field Project and the Auditorium Project to become effective. 4 5
WHEREAS, pursuant to the COURT DECISIONS, this Comt has issued two separate 6 Judgments and two separate Peremptory Writs of Mandate in favor ofWPA and against the 7 CITY (one on May 2,2008 and one on September 12,2014), each Writ ordering the CITY to, 8 inter alia:
9 (I) file an initial Return to PeremptOtY WIit of Mandate showing that the CITY has set 10 aside its certification of an EIR and all its decisions, approvals, and findings for 11 12 adoption of separate versions a Watsonville Vista 2030 General Plan (which the 13 CITY has done in each case); and
14 (2) file a "further Return" to PeremptOtY Writ (in the event the CITY undertakes 15 reconsideration of the CITY General Plan Update and associated EIR) demonstrating 16 the CITY's continued compliance with the Peremptory Writ, whereupon, this Court 17 18 expressly retains jurisdiction until the Court has detennined that the CITY has 19 complied with thisCoUlt's Statement of Decision and the Judgment entered in the 20 applicable COURT DECISION.
21 22 The CITY has not filed a "further Return" to either of the separate Peremptory Writs. Each of 23 the separate Writs prohibited the CITY ii'OIn implementing, basing any action on, or engaging in 24 any activity pursuant to the affected version of the Watsonville Vista 2030 General Plan. Both 25 Writs effectively ordered the CITY, inter alia, to comply with the State Aeronautics Act and this 26 27
Court's respective Statements of Decision and to take no action on development proposals within 28 the AirpOlt Influence Area until the CITY had duly incorporated the provisions ofthe Airport Handbook into the CITY General Plan. The CITY has not yet reconsidered its rescinded 2030 Joint Stipulation and [Proposed} Order Re Partial Return to Writ of Mandate Page 556 of 705 o General Plan or revised its existing 2005 General Plan to comply with the Court's Statements of 2 Decision or Judgments in the COURT DECISIONS (WPA I and WPA II). 3 WHEREAS, in consideration of the foregoing background and this Court's retention of 4 5
jurisdiction, the AERONAUTICS DIVISION has required this Joint Stipulation and COUli Order 6 thereon to render effective the CITY's Approvals for the PVUSD PVHS Athletic Field Project 7 and the Auditorium Project pursuant to "limited grandfathering" as described and conditioned in 8 leiters dated October 17, 2017 and January 9, 2019, respectively, from the AERONAUTICS 9 DIVISION to the CITY.
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12 JOINT STIPULATION
13 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE AS 14 FOLLOWS:
15 A. The RECITALS set forth above are true and correct. 16 B. The CITY has approved separate PVUSD applications for an Amendment to the 17 18 CDP/SUP No. 00-28 (and other required pennits and approvals) to allow construction and 19 operation of the PVUSD PVHS Athletic Field Project and Auditorium Project. 20 C. The AERONAUTICS DIVISION, the CITY, and the WPA hereby jointly agree upon, 21 sign, and submit to the Superior COUli this Joint Stipulation for Partial Return to Writ 22 satisfactOlY to the AERONAUTICS DIVISION and request an Order thereon duly executed by 23 24
the Court providing that the CITY's Approvals of the Athletic Field Project and the Auditorium 25 Project as described and conditioned in leiters dated October 17, 2017 and January 9, 2019, 26 respectively, from the AERONAUTICS DIVISION to the CITY are rendered effective, and that 27 such Court Order determines that the CITY's Approvals are properly grandfathered with regard 28 to the two Peremptory Writs of Mandate issued in favor ofWPA by this Court in the COURT Joint Stipulation and [Proposed} Order Re Partial Return to Writ of Mandate Page 557 of 705 n 2 3
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28 DECISIONS. The AERONAUTICS DIVISION, the CITY, and the WPA hereby jointly, and interdependently further stipulate that:
(1) this specific limited grandfathering is only applicable and appropriate with respect to the Athletic Field Project as approved on April 24, 2018 and the Auditorium Project as approved on June 25,2019, each of the CITY's Approvals resulting in amendment to COP/SUP No. 00-28, and that such limited grand fathering does not apply to any amendments after June 25, 2019 to CDP/SUP No. 00-28, and does not apply to any other pending or future projects imd no precedent for any pending or future projects is created by the foregoing; and
(2) the COURT DECISIONS, including but not limited to the Judgments and Peremptory Writs of Mandate issued therein remain in full force and effect, and thereunder the CITY remains mandated to incorporate the Airport Handbook into its General Plan as "nondiscretionary" standards, and utilize the most stringent ofthose Airport Handbook standards, and to otherwise comply with the aforementioned Judgments and Writs.

D. This stipulation may be executed in counterpart originals andlor with faxed signatures.

Dated gt:lsr-1L, 2019
~

WITTWER ARKIN LLP
By:

W /limn P. Parkin
Attomeys for PETITIONER

WATSONVILLE PILOTS ASSOCIATION
Joint Stipulation and [Proposed} Order Re Partial Return to Writ of Mandate Page 558 of 705 '0 If~ Dated: Attgcist :lf{-' 20 19
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(, Dated: August /S' , 20 19 CALIFORNIA DEPARTrvlENT OF TRANSPORTATION 7 By. ~~ f.) .
9 III
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Il
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28 . __ IL_u ~{) __ ~ ___ _ Raiyn Bain
Allorney for RESPONDENT CALIFORNIA

DEPARTMENT OF TRANSPORTATION,
DlVISION or AERONAUTICS
Concurrence with all of the Joregoing is hereby given on behalf of the PA.JARO V ALLEY UNIFIED SCHOOL DISTRICT.

Dated : August __ ,2019
By:

DAl\ ~IlS WOLIVER KELLEY
Clarissa R. Canady, COllnsel for
Pajaro Valley Unified School District
Joillt Stipulalioll alld [Propo.l'ed} Order lie ['arlial Relul'lI 10 Writ o/Mandale "

.Dated: August _, 20 19
2 3
4 l

THE ORUNSKY LA W FIRM
By:

Alan Smith, City Attorney
Attorneys for RESPONDENTS CITY OF
WATSONVILLE and THE CITY COUNCIL OF

THE CITY OF WATSONVILLE
6 Dated: August __ , 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION 7 8
9 10
II
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14 IS
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23 24
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27 28
By:

Raiyn Bain
Attorney for RESPONDENT CALIFORNIA

DEPARTMENT OF TRANSPORTATION,

DIVISION OF AERONAUTICS
Concurrence with all of the foregoing is hereby given on behalf of the PAJARO VALLEY UNIFIED SCHOOL DISTRICT.

Dated: August~, 2019 DANNIS WOLIVER KELLEY
By: 'cg-;Jr=\bt. t;sel for
Pajaro Valley Unified School District
Joint Stipulation and [Proposed} Order Re Parlied Return to Writ of Mandate "

ORDER
2 J
IT IS SO ORDERED ns stipulated above.
4 5
6 Date:

Paul P. Burdick
7 Judge of the Superior Court
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28 Joint Stipulation and [Proposed] Order Re Partial Re/urn to Writ of Mandate "
xxxxxxxxxxxxx John Gallagher
Signed: 10/31/2019 11:22 AM

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 3-1
Chapter 3 Responses to Comments
This chapter evaluates the comments received during the 30-day public review period (March 7 through April 7, 2023). During the 30-day public review period (March 7 through April 7, 2023) the City received three (3) comment letters regarding the Proposed Project. The City has reviewed and considered all of the comments received and provides a response to each of those comments below.

COMMENT LETTER A – CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Comment A-1. Comment Noted. Thank you for your comments. Please see Chapter 4 of this Final IS/MND to see revisions to the Public Draft IS/MND, including specific revisions to Mitigation Measures for Santa Cruz Tarplant.

Comment A-2. Comment Noted. Please see Chapter 4 of this Final IS/MND to see revisions to the Public Draft IS/MND, including specific revisions to Mitigation Measures for Crotch Bumble Bee.

COMMENT LETTER B – STATE WATER RESOURCES CONTROL BOARD
Comment B-1. Comment Noted. Thank you for your comments. As requested, the City will send the tank designs to the State Water Board, DDW’s Monterey District for review prior to construction. Also, please see Chapter 4 of this Final IS/MND to see revisions to the Public Draft IS/MND, including specific revisions to Table 1 - Regulatory Requirements, Permits, and Authorizations for Project Facilities, as requested.

Comment B-2. Comment Noted. When the CEQA review process is completed, the City will, as requested, forward the following items with the permit application to the State Water Board, DDW Monterey District Office at [email protected]:
• Copy of the draft and final MND and Mitigation Monitoring and Reporting Plan (MMRP); • Copy of any comment letters received and the lead agency responses as appropriate; • Copy of the Resolution or Board Minutes adopting the MND; and • Copy of the date stamped Notice of Determination filed at the County Clerk’s Office and the Governor’s Office of Planning and Research, State Clearinghouse.

COMMENT LETTER C – WATSONVILLE PILOTS ASSOCIATION (Wittwer/Parkin) Comment C-1. Comments Noted. Thank you for your comments. As the owner and operator of the City of Watsonville Municipal Airport, the City is dedicated to protecting the safety of pilots and members of the public on the ground in and around the Watsonville Airport. In addition, as the water purveyor for the City and unincorporated portions of Santa Cruz County, the City is also charged with providing a safe and reliable water supply to its customers. As a result, and as discussed in Chapter 2, Page 2-1 of the February 2023 Public Draft IS/MND, the Proposed Project is necessary as it will improve water system reliability in the event of a catastrophic event such as an earthquake, drought or failure of the existing water storage tank onsite. Specifically, the existing storage tank is nearing the end of its useful life, needs to be rehabilitated and/or replaced, and the City cannot risk taking the existing tank out of service until a/the new tank is constructed. The No Project Alternative of not completing the project has safety risks as well – potentially to the

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 3-2
Airport, the neighboring residents, and thousands of City water customers relying on the City’s water supply. As discussed in the February 2023 Public Draft IS/MND, the Proposed Project is vital to the City’s ability to continue providing its customers with a safe and reliable water supply.

The Proposed Project would be located in both or at the border of Airport Safety Zones 5 and 6.

The February 2023 Public Draft IS/MND adequately discusses the potential impacts and mitigation measures to avoid and/or reduce those impacts to less than significant levels, including having the input and conditional approval from the Federal Aviation Administration (FAA).

Please see discussions on Pages 3-36 and 3-37 as well as Page 3-46 of the February 2023 Public Draft IS/MND. Further, and per the City Municipal Code Section 8-1.105 (e), the City is not required to issue itself a permit for water supply rehabilitation or improvement projects as shown below:
(e) Public Service Agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

This is in reference to California Government Code Section 53090, which also states:
(e) Zoning ordinances of a county or city shall not apply to the location or construction of facilities for the production, generation, storage, treatment, or transmission of water, or for the production or generation of electrical energy, facilities that are subject to Section 12808.5 of the Public Utilities Code, or electrical substations in an electrical transmission system that receives electricity at less than 100,000 volts.

As a result, the City is well within its rights and obligations to repair, replace, rehabilitate, modify, and/or construct new water supply facilities to continue to provide its customers with a safe and reliable water supply without the need to obtain any permits, such as building permits or zoning permits. These points are further elaborated on below, following your specific comments on the February 2023 Public Draft IS/MND.

COMMENT C-2: Comments Noted. The Comment correctly points out that a public agency must prepare an EIR whenever substantial evidence supports a fair argument that a proposed project ‘may have a significant effect on the environment.’” Protect Niles v. City of Fremont (2018) 25 Cal.App.5th1129, 1138-1139. However, the Comment incorrectly applies the Fair Argument Rule to this Proposed Project. The key and missing piece to this equation is the lack of substantial evidence from the Commentor that there would be a significant effect on the environment, including specifics on safety or noise impacts. The Comment and Comment Letter provides no specific evidence, let alone substantial evidence, that there would be a significant effect on the environment as a result of the construction and/or operation of the Proposed Project.

Further, the City has not received any other comments from any other person and/or agency - including the FAA and neighboring residents - that the construction and/or operation would have any significant effects on the environment and/or safety. Again, the No Project Alternative or doing nothing has safety consequences of its own with respect to the Airport, Airport Operations, the neighboring residents, and water supply customers. There is nothing in the Administrative Record to support the decision that an EIR is required for this Proposed Project.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 3-3
If the existing water storage tank should fail before the City can replace it, the City will likely need to proceed under an Emergency Exemption – consistent with CEQA, to repair or replace the tank expeditiously. As a result, the City (as the CEQA Lead Agency) plans to move forward to consider whether to approve the Proposed Project and IS/MND.

COMMENT C-3: Comment Noted. The Comment correctly points out that the February 2023 Public Draft IS/MND does in fact address that the construction and/or operation of the Proposed Project could adversely affect the airport and/or airport operations, including, noise, take-offs, landings, flight patterns, safety, light, navigation, or communications between aircraft and the control tower within the Project area.” (February 2023 Public Draft IS/MND, p. 3-36.) In addition, the Project’s location in “Zone 5 – Sideline Zone of the Airport’s Safety Compatibility Zone is considered to be a moderate risk level where the percentage of accidents are in the 3 to 5 percent range and primarily due to aircraft losing directional control and veering off the side of the runway during take offs or landings and/or arrival.” (February 2023 Public Draft IS/MND, p. 3-36.) However, the Comment does not recognize the fact that the Proposed Project (i.e., new water storage tank) would be essentially of the same shape, size, and color and would be located within the same area as the existing tank that is shielded from Runway 27 by a riparian area with trees that are taller than the existing tank and the Proposed Project. That is, the placement/location of the Proposed tank would have the same impacts and safety concerns as to what already exists (i.e., existing conditions) with the existing tank and adjacent neighboring residents. Further, the Comment does not acknowledge the FAA’s involvement in the review process. The FAA presumably would not have provided a Final Determination letter dated December 13, 2022 outlining specific measures that the City needs to follow for the safety of the Airport and Airport operations if the FAA did not fully understand the potential impacts and how they can be properly mitigated. Specifically, and as shown in Appendix A of the IS/MND, FAA fully understands the safety risks associated with the Proposed Project and has conditionally approved the location, with the stipulation that the City and its contractors shall comply with all relevant sections of the FAA Advisory Circular 150/5370-2, which sets forth guidelines for operational safety on airports during construction, including the development of an Airport Construction and Phasing Plan that must be provided to and approved of by the Airport Manager/Airport Traffic Control Tower personnel prior to construction. The City shall coordinate all associated construction activities with the Airport Manager/Airport Traffic Control Tower within five (5) business days prior to the initiation of construction activities so that the Airport can provide Notices to Airmen/Air Missions (NOTAMs) who are taking off or landing at the Watsonville Airport, which is standard procedure(s). This, in fact, has been going on safely since the inception of the Airport and the City’s dual role of operating the Airport and the City’s adjacent water facilities. Further, the FAA has required that the City and its contractors shall comply with all relevant sections of the FAA Advisory Circular 70/7460-1M, which sets forth guidelines for obstruction marking and lighting.

Specifically, the Proposed Project will exceed the RWY 09/27 Part 77 Transitional surface and therefore, the structure must be lighted with red obstruction lights in accordance with FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting, Chapters 4, 5, and 12. In addition, a separate notice shall also be filed with the FAA if any construction equipment, such as temporary cranes, would exceed the height and lateral dimensions of the current Proposed Project, and the proper FAA safety mitigations will be required to be implemented.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 3-4
In short, the Comment fails to adequately substantiate or provide any proof that there is a potential safety risk (or public perception of a safety risk) beyond the existing conditions that already exist or would exist beyond Mitigation Measures HAZ-6 and HAZ-7 identified in the February 2023 Public Draft IS/MND. Further, the Comment’s reference to the California Airport Land Use Planning Handbook not being included in the City’s General Plan is flawed, because this type of water storage project is permitted by right in the California Government code and confirmed in the City’s Municipal Code in the sections referenced previously in the response to comment C-1.

In other words, the City’s General Plan, or status thereof, has no bearing on these types of projects that are permitted by right.

COMMENT C-4: Comment Noted. Again, the Comment is flawed and fails to understand that the City, as discussed above, is exempt from issuing itself a permit for the Proposed Project.

Specifically, the City can and should approve projects within the Airport Safety Zones for its existing and new water supply infrastructure(s). Further, this is not an expansion of Airport facilities and/or land uses around the Airport. As a result, much of the information included in this Comment and attachments are irrelevant to the City’s need and rights to replace this aging water storage tank before it fails. This Proposed Project is for the replacement of an aging water storage tank that is vital to the City’s water supplies. The City’s approval of development by other parties such as the athletic field and auditorium for the Pajaro Valley High School has nothing to do with the City’s need and authority to replace the existing water tank. As a result, the City plans to move forward with the Proposed Project and this IS/MND. As requested, we will forward you a copy of this document and 10-days’ notice of the date the City will approve the Proposed Project and, if approved, a copy of the Notice of Determination.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-1
Chapter 4 Revisions to the Public Draft IS/MND
This chapter shows revisions to the Public Draft IS/MND, subsequent to the document’s publication and public review. The revisions are presented in the order in which they appear in the Public Draft IS/MND and are identified by section and page number in respective chapters. These revisions are shown as excerpts from the Public Draft IS/MND, with strikethrough (strikethrough) text in indicate deletions and underlined (underlined) text to indicate additions. The following revisions are shown below.

Chapter 2 Project Description
On Page 2-5, Table 1 - Regulatory Requirements, Permits, and Authorizations for Project Facilities is hereby changed as follows:

2.4 Responsible Agencies, Permits and Approvals
Table 1 below summarizes the potential permits and/or approvals that may be required prior to construction of the Proposed Project. Additional local approvals and permits may also be required.

Table 1
Regulatory Requirements, Permits, and Authorizations for Project Facilities Agency Type of Approval
Central Coast Regional Water Quality Control Board
• National Pollutant Discharge Elimination
System General Permit for Stormwater
Discharge Associated with Construction
Activities
California State Water Resources Control Board,
Division of Drinking Water
• Recommendations for Drinking Water
Requirements
• Tank Design Review and Water Supply Permit
Amendment
County of Santa Cruz • Encroachment Permits – County Roads California Division of Occupational Safety and Health
• Construction activities in compliance with
CAL/OSHA safety requirements
Federal Aviation Administration • Airport Facilities Construction Approval Monterey Bay Air Resources District (MBARD)
• Authority to Construct
• Permit to Operate

3.4 Biological Resources
On Pages 3-12 through 3-26 the discussion under items (a) through (f) are hereby changed as follows:
(a) Less-than-Significant Impact with Mitigation. The construction of the Proposed Project could have a temporary, but substantial adverse effect, either directly or through disturbances to several by CDFW and USFWS. Table 3 below provides a list of the potential for special status species to occur within the Project Study area. As a result, the

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-2
following mitigation measures and procedures are proposed to reduce any impacts to lessthan-significant levels:

Mitigation Measure BIO-1: Conduct A Pre-construction Surveys for Special Status Plant and Wildlife Species. A qualified biologist shall conduct a preconstruction surveys for state and federal special status plant and wildlife species (including SCT and Crotch Bumble Bee) no more than 10-days prior to construction. A combination of visual and trapping surveys may be performed with authorization from CDFW and/or USFWS. If a wildlife special species is found near any proposed construction areas, impacts on individuals and their habitat shall be avoided to the extent feasible. If occupied habitat can be avoided, an exclusion zone shall be established around the habitat and temporary suitable/authorized fencing shall be installed around the buffer area with “Sensitive Habitat Area” signs posted and clearly visible on the outside of the fence. If avoidance is not possible and the species is determined to be present in work areas, the qualified biologist with prior approval from CDFW and/or USFWS may capture the wildlife special status species prior to construction activities and relocate them to nearby, suitable habitat a minimum of 300-feet from the work area. Exclusion fencing shall then be installed if feasible to prevent them from reentering the work area. For the duration of work in these areas, the biologist should conduct regular follow-up visits to monitor effectiveness.

Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
Plants
Arenaria paludicola
Marsh Sandwort
FE Native to the west coast of
North America in California,
where it is known from only
a few remaining occurrences
in the Central Coast of
California region.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Arctostaphylos andersonii
Anderson's manzanita
List 1B.2 Limited in geography to the
Santa Cruz Mountains of
California. It grows in
openings in redwood forests,
usually below 700 meters
(2300 feet) elevation.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Arctostaphylos hookeri ssp.
hookeri
Hooker's manzanita
List 1B.2 Endemic to California where
its range is from the Coastal
San Francisco Bay to the
Central Coast.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Arctostaphylos pajaroensis
Pajaro manzanita
List 1B.1 Endemic to California,
where it is known mainly
from Monterey County.

Historical occurrences have
Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-3
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
been noted in Santa Cruz
County and far western San
Benito County — these may
no longer exist. Most of the
extant populations are
located in the hills south of
the Pajaro River Valley.It is
a member of the chaparral
plant community.

Centromadia parryi ssp.
congdonii
Congdon's tarplant
List 1B.1 Seasonal wetlands on heavy
clay, saline, or alkaline soils
in grasslands and disturbed
sites; typically growing in
colonies, most common in
areas that retain water for a
longer period of time and in
areas that have a lower
density of competing nonnative annual grasses.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Chorizanthe pungens var.
pungens
MontereySpineflower
FT
List 1B.2
Grows mainly
in coastal habitat and that of
the hills and mountains
overlooking the coastline.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Chorizanthe robusta var.
robusta
robust spineflower
FE
List 1B.1
Endemic to the central coast
of California in Monterey,
Santa Cruz, and Marin
counties.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Erysimum ammophilum
Sand-loving wallflower
List 1B.2 It is endemic to California,
where it is an uncommon
beach-dwelling wildflower.

It is known from dunes and
bluffs near Monterey Bay,
the coastline of San Diego
County, and parts of
the Channel Islands.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Gilia tenuiflora ssp. arenaria
Monterey Gilia

FE, ST,
List 1B.2
Endemic to California,
where its distribution spans
the central coast
and coastal mountains, as
well as the Channel Islands.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Holocarpha macradenia
Santa Cruz Tarplant
FT, SE
List 1B.1
Likes to inhabit terraced
locations of coastal or
valley prairie grasslands wit
h underlying
sandy clay soils. Its
characteristic habitat is in
the California coastal
prairie ecosystem, which
may be the oldest
Presumed Present.

Suitable habitat for this
species does occur in or
around the Study Area.

Conduct
Preconstruction
Survey for the
species. Fence off
and avoid if
possible.

Coordinate with
USFWS and
CDFW as

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-4
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
stable ecosystem of
the temperate world dating
from about 600,000 years
ago.
appropriate,
including
obtaining ITP if
required.

Horkelia cuneata var. sericea
Kellogg's horkelia
List 1B.1 Habitat includes old dunes,
coastal sandhills, or sandy or
gravelly openings in closedcone coniferous forest,
maritime chaparral, or
coastal scrub, gen < 200 m.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Monolopia gracilens
Woodland woollythreads
List 1B.2 It is endemic to California,
where it is known from the
mountains of the San
Francisco Bay Area and
ranges just to the south. It
grows in grassland,
chaparral, woodland, and
other habitat, often on
serpentine soils.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Pedicularis dudleyi
Dudley's lousewort
List 1B.2 Endimic to Central
California, where it is
known from about ten
scattered occurrences along
the coast and in the coastal
mountain ranges.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Plagiobothrys chorisianus
var. chorisianus
Choris' popcornflower
List 1B.2 Habitat includes vernally
wet swales, vernal pools,
and saturated soils of
herbaceous-plant dominated
cliffs and marsh edges along
the coast; set in coastal
prairie and openings and
meadows in oak woodland
or mixed-evergreen forest; <
650 m.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Plagiobothrys diffusus
San Francisco popcorn
flower
List 1B.1 Annual herb that is believed
to be extinct.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Mammals
Taxidea taxus
American Badger
SSC Most abundant in drier open
stages of most shrub, forest,
and herbaceous habitats,
with friable soils. Requires
friable soils and open,
uncultivated ground. Preys
on burrowing rodents.

Unlikely. No suitable
habitat is present in the
Study Area.

No further actions
are recommended
for this species.

Vulpes macrotis mutica
San Joaquin Kit Fox
FE Requires dens for shelter,
protection and reproduction,
a habitat’s soil type is
Unlikely. No suitable
habitat is present in the
Study Area.

No further actions
are recommended
for this species.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-5
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
important. Loose-textured
soils are preferable, but
modification of the burrows
of other animals facilitates
denning in other soil types.

Birds
Agelaius tricolor
Tricolored Blackbird
SSC Usually nests over or near
freshwater in dense cattails,
tules, or thickets of willow,
blackberry, wild rose or
other tall herbs.

Moderate. Proposed
construction could
extend into the
breeding/nesting season
(February 1 and
August 31).

If construction
does occur within
the
breeding/nesting
season (February 1
and August 31)
conduct preconstruction
surveys.

Brachyramphus marmoratus
MarbledMurrelet
FT It nests in oldgrowth forests or on the
ground at higher latitudes
where trees cannot grow.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Charadrius nivosus nivosus
Western Snowy Plover
FT scurries across sandy
habitats as inconspicuously
as a puff of sea foam blown
by the wind. These pale
brown shorebirds are
highlighted with a black or
brown partial collar and a
short black bill. They are
hardy survivors that forage
for invertebrates on ocean
beaches and in desolate salt
flats and alkaline lakes.

Snowy Plovers make nearly
invisible nests on beaches,
where they are easily
disturbed by humans, dogs,
and beach vehicles.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Empidonax traillii extimus
Southwestern Willow
Flycatcher
FE As their name implies,
occupy areas with willows
or other shrubs near standing
or running water. But in the
Pacific Northwest, they may
also breed in drier scrubby
areas. In winter, they use
shrubby clearings, pastures,
and woodland edges often
near water.

Moderate. Proposed
construction could
extend into the
breeding/nesting season
(February 1 and
August 31).

If construction
does occur within
the
breeding/nesting
season (February 1
and August 31)
conduct preconstruction
surveys.

Sterna antillarum browni
California Least tern
FE The breeding colonies are
not dense and may appear
along either marine or
estuarine shores, or on
sandbar islands in large
Unlikely. Suitable habitat
is not present in the
Study Area.

As a precautionary
measure, preconstruction
breeding bird
surveys should be
conducted for any

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-6
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
rivers, in areas free from
humans or predators.
activities occurring
between February
1st and August 31.st
Vireo bellii pusillus
Least Bell's Vireo
FE The northernmost reported
sighting in recent years is of
a nesting pair of least Bell's
vireos near Gilroy in Santa
Clara County in 1997.

Roughly half of the current
least Bell's vireo population
occurs on drainages
within Marine Corps Base
Camp Pendleton in San
Diego County, particularly
in the lower Santa Margarita
River.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Riparia riparia
bank swallow
ST Live in low areas along
rivers, streams, ocean coasts,
and reservoirs. Their
territories usually include
vertical cliffs or banks where
they nest in colonies of 10 to
2,000 nests.

Moderate. Proposed
construction could
extend into the
breeding/nesting season
(February 1 and
August 31).

If construction
does occur within
the
breeding/nesting
season (February 1
and August 31)
conduct preconstruction
surveys.

Amphibians
Ambystoma californiense
California Tiger Salamander
FT, SSC Inhabits annual grass habitat
and mammal burrows.

Seasonal ponds and vernal
pools crucial to breeding.

Unlikely. Annual
grassland habitat is
limited in the Study
Area.

No further actions
are recommended
for this species.

Ambystoma macrodactylum
croceum
Santa Cruz Long-toed
Salamander
FE, SE Most of this salamander's
adult life is spent in
upland coast live oak forest
in small animal burrows
during the long dry season
(May to October) in coastal
California. Once winter rains
have soaked the soil and
filled ephemeral streams,
both males and females
migrate up to 2 km to
breeding ponds that exist
only in winter
Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Aneides niger
Santa Cruz black salamander
SSC The black salamander is
found in forested areas and
grassland in the coastal
ranges of south western
United States mostly at
elevations below 600 meters
(2,000 ft) but occasionally
up to 1,700 meters
(5,600 ft).

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-7
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
Anniella pulchra
northern California legless
lizard
SSC
Can be found in a large part
of the state. The U.S. Forest
Service said the lizards can
be found from Antioch to
Baja California, Mexico, in
elevations up to 6,000 feet.

Wildlife officials also said
the legless lizards can be
found at the Salinas River
National Wildlife Refuge in
California, which stretches
367 acres along the Central
Coast.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Clemmys marmorata
Western Pond Turtle
SSC Occurs in perennial ponds,
lakes, rivers and streams
with suitable basking habitat
(mud banks, mats of floating
vegetation, partially
submerged logs) and
submerged shelter.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Dicamptodon ensatus
California giant salamander
SSC Natural habitats are
temperate forests, rivers,
freshwater lakes, and
freshwater marshes in
northern California.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Rana aurora draytonii
California Red-legged Frog
FT, SSC Associated with quiet
perennial to intermittent
ponds, stream pools and
wetlands. Prefers shorelines
with extensive vegetation.

Documented to disperse
through upland habitats after
rains.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Rana boylii
Foothill yellow-legged frog
FSC,
SCT,
SSC
Occur in the Coast Ranges
from the Santiam
River in Marion County,
Oregon south to the San
Gabriel River in Los
Angeles County and along
the west slopes of the
Sierra/Cascade mountain
ranges in most of central and
northern California.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Fish
Eucyclogobiusnewberryi
Tidewater Goby
FE Inhabits lagoons formed by
streams running into the sea,
as well as semi-closed
estuaries.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-8
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
Hypomesus transpacificus
Delta smelt
FT Found in large, main
channels and open areas of
the Bay. Occur from tidal
freshwater reaches of the
Delta west to eastern San
Pablo Bay.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Oncorhynchus mykiss irideus
pop. 8
steelhead - central California
coast DPS
FT Drainages of San Francisco
and San
Pablo bays, central Calif.

Coastal rivers.

Unlikely. Suitable habitat
is not present in the
Study Area.

No further actions
are recommended
for this species
Oncorhynchus mykiss irideus
pop. 9
steelhead - south-central
California coast DPS
FT Drainages of San Francisco
and San
Pablo bays, central Calif.

Coastal rivers.

Unlikely. Suitable habitat
is not present in the
Study Area.

No further actions
are recommended
for this species
Reptiles
Thamnophis sirtalis
tetrataenia
San. Francisco Giant garter
snake
FE, SSC Generally, inhabits marshes,
sloughs, ponds, slow moving
streams, ditches, and rice
fields which have water
from early spring through
mid-fall, emergent
vegetation, open areas and
high ground for hibernation
and escape cover.

Unlikely. Suitable habitat
for this species does not
occur in the Study Area.

No further actions
are recommended
for this species.

Insects
Bombus caliginosus
obscure bumble bee
None Has three basic habitat
requirements: suitable
nesting sites for the colonies,
nectar and pollen from floral
resources available
throughout the duration of
the colony period (spring,
summer and fall), and
suitable overwintering sites
for the queens.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Bombus crotchii
Crotch bumble bee
None
SSC
Has three basic habitat
requirements: suitable
nesting sites for the colonies,
nectar and pollen from floral
resources available
throughout the duration of
the colony period (spring,
summer and fall), and
suitable overwintering sites
for the queens.

Unlikely. No suitable
habitat occurs within
the Study Area.

Moderate. No suitable
habitat currently
occurs within the Study
Area. However, since
the species was
historically found at
this site, there is
potential for it to reoccur.

No further actions
are recommended
for this species.

Conduct specific
Pre-Construction
Surveys for this
species, per CDFW
direction,
including
obtaining ITP if
required.

Bombus occidentalis
western bumble bee
None Has three basic habitat
requirements: suitable
nesting sites for the colonies,
nectar and pollen from floral
Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-9
Table 3
Potential for Special-Status Species to Occur in the Proposed Project Study Area Species Status Habitat
Potential for
Occurrence Recommendations
resources available
throughout the duration of
the colony period (spring,
summer and fall), and
suitable overwintering sites
for the queens.

Danaus plexippus plexippus
Monarch - California
overwintering population
SC In both caterpillar and
butterfly form, monarchs are
aposematic, warding off
predators with a bright
display of contrasting colors
to warn potential predators
of their undesirable taste and
poisonous characteristics.

One monarch researcher
emphasizes that predation on
eggs, larvae or adults is
natural, since monarchs are
part of the food chain, thus
people should not take steps
to kill predators of
monarchs.

Unlikely. No suitable
habitat occurs within the
Study Area.

No further actions
are recommended
for this species.

Key to status codes:

FE Federal Endangered
FT Federal Threatened
FC Federal Candidate
FD Federal De-listed
FP Federal Proposed
FPD Federal Proposed for De-listing
FPT Federal Proposed Threatened
FSC Federal Species of Concern
NMFS Species under the Jurisdiction of the National Marine Fisheries Service BCC USFWS Birds of Conservation Concern
RP Sensitive species included in a USFWS Recovery Plan or Draft Recovery Plan SE State Endangered
SC State Candidate
ST State Threatened
SR State Rare
SP State Proposed
SSC CDFW Species of Special Concern
Draft SSC 4 April 2000 Draft CDFG Species of Special Concern CFP CDFW Fully Protected Animal
WBWG Western Bat Working Group High Priority species
SLC Species of Local Concern
List 1A CNPS List 1A: Plants presumed extinct in California List 1B CNPS List 1B: Plants rare, threatened or endangered in California and elsewhere List 2 CNPS List 2: Plants rare, threatened, or endangered in California, but more common elsewhere List 3 CNPS List 3: Plants about which CNPS needs more information (a review list) Mitigation Measure BIO-2: Santa Cruz Tar Plant Procedures. The following measures are recommended to avoid and minimize potential impacts to SCT during construction of the Zone 2 Reservoir Project:

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-10
• Qualified Botanist/Biologist for SCT Surveys. The City will submit the name and credentials of the botanist/ to the US Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) who will conduct preconstruction surveys and other activities specified for SCT. No project activities will begin until the City receives approval from the USFWS and CDFW that the botanist/biologist is qualified to conduct the work.
• Avoid Known SCT Occurrence(s). The Zone 2 Reservoir Project plans shall be revised to avoid direct impact to all known SCT. A 100-foot buffer shall be established around all SCT plant(s) as documented in the 2021 survey. or in subsequent surveys if construction is delayed.
• Pre-Construction Surveys for SCT. An experienced botanist, familiar with the native plant communities of the City shall conduct a focused Santa Cruz tarplant survey during the blooming period of the species, from June to October, over a minimum of two consecutive seasons. The surveys shall occur throughout the entire Project where potential Santa Cruz tarplant habitat has been identified, prior to the initiation of construction and the results shall be included in the Project environmental document. Surveys shall be conducted according to: Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Natural Communities (CDFW 2018), available at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline. If construction is delayed past summer 2023, a USFWS and CDFW approved botanist/biologist shall re-survey the Zone 2 Reservoir construction corridor (including access routes and staging areas) for SCT plants. The survey shall be conducted in the summer prior to construction during the blooming period of the SCT (i.e.,July/August), as evidenced by the presence of blooming SCT plants within known colonies on the Watsonville Airport property. The objective of the survey is to determine the presence/absence of above-ground SCT plants within the construction corridor. If construction is delayed past another SCT growing season, the survey shall be repeated the following summer. If SCT plants are found in the project area, project construction within 100 feet of the SCT plant(s) will be halted and if impacts cannot be avoided and the take of the species may occur, the USFWS and CDFW will be contacted and consultation with the USFWS under the Federal ESA and CDFW under the California ESA will be conducted, which may require obtaining an incidental take permit (ITP).

If no SCT plants are found, construction can proceed and no consultation is required.
• Worker Training on SCT and Habitat. Prior to commencement of project activities, the USFWS/CDFW approved botanist/biologist will conduct a training session for all construction personnel. The training will include the means to

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-11
identify SCT and its habitat, and avoidance measures to be implemented should a SCT plant be encountered during the construction period. • Salvaged and Stockpiled Soil. The top 1-2 inches of the soil within all grassland areas to be impacted for the Zone 2 Reservoir Project shall be stripped and stockpiled in order to preserve the potential SCT seed bank. Prior to soil salvage, the City will mow the grassland within the construction corridor to a maximum 2- 3-inch grass height. Cut material will be raked and removed from the site. Soil salvage will scrape off the upper 1-2 inches of topsoil and deposit this soil within a designated salvage area. This area will be fenced and the area posted as a ‘Designated SCT Soil Salvage Area”; no other soil shall be stockpiled at this location. After construction, the stockpiled soil will be replaced on the top of all temporarily disturbed areas to a depth of 1-2 inches. The soil will be lightly compacted; the replaced topsoil will be left bare or very lightly seeded for temporary erosion control using cereal barley (Hordeum vulgare). The City will designate an additional SCT soil receiver site for the remainder of the stockpiled soil.

The additional SCT soil receiver site shall be located in a previously-disturbed area that does not currently support SCT or any primary constituent elements (PCE’s) for the species. USFWS and CDFW will pre-approve the soil receiver site prior to construction. The stockpiled soil will be lightly placed on the upper 1-2 inches of the receiver site and lightly compacted. The replaced topsoil will be left bare or very lightly seeded for temporary erosion control using cereal barley (Hordeum vulgare).
• Designated Construction Corridor: A 6-foot-high chain link fence shall be erected 15-feet away from the construction area, access route and staging areas.

No vehicles, equipment or constriction material will be permitted outside the construction corridor. Equipment, construction material stockpiles and vehicles will only be permitted to be stored in the paved area of the Watsonville Water Well No. 17 site.
• Post-Construction Monitoring for SCT: The City will engage the services of a qualified botanist to survey the temporarily-disturbed construction areas and the SCT soil receiver site to determine if SCT have colonized any areas subject to temporary disturbance and/or soil stockpile placement. The potential emergence of any SCT within temporarily disturbed areas and the SCT soil receiver site will be monitored in the summer-blooming period for SCT in the two summers following completion of construction. If SCT is detected within these areas a report of findings will be sent to CDFW and USFWS. A CNDDB Field Survey Form will be completed and submitted to CDFW. If no SCT are found, a memo will be sent to CDFW and USFWS.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-12
Mitigation Measure BIO-3: Conduct Focused Crotch Bumble Bee Surveys. A survey for Crotch bumble bee shall be conducted prior to the start of ground-disturbing activities.

The biologist conducting the survey and the survey protocol shall be approved in writing by CDFW prior to the survey. The Project shall submit a survey report to CDFW within one month of survey completion and shall notify CDFW within 24 hours if Crotch bumble bee or other special-status bumble bees are detected. The Project shall obtain a CESA ITP from CDFW if impacts to Crotch bumble cannot be avoided.

Mitigation Measure BIO-43: Conduct Bird Breeding and Nesting Surveys. For construction activities that occur between February 1 and August 31, preconstruction breeding and nesting bird surveys shall be conducted by a qualified biologist prior to and within 10 days of any initial ground-disturbance activities. Surveys shall be conducted within all suitable nesting habitat within 250-feet of the activity. All active, non-status passerine nests identified at that time shall be protected by a 50-foot radius minimum exclusion zone. Active raptor or special-status species nests shall be protected by a buffer with a minimum radius of 200-feet. CDFW and USFWS recommend that a minimum 500- foot exclusion buffer be established around active special status species nests. The following considerations apply to this mitigation measure:
• Survey results are valid for 14-days from the survey date. Should ground disturbance commence later than 14-days from the survey date, surveys should be repeated. If no breeding birds are encountered, then work may proceed as planned. • Exclusion zone sizes may vary, depending on habitat characteristics and species, and are generally larger for raptors and colonial nesting birds. Each exclusion zone would remain in place until the nest is abandoned or all young have fledged. • The non-breeding season is defined as September 1 to January 31. During this period, breeding is not occurring and surveys are not required. However, if nesting birds are encountered during work activities in the non-breeding season, disturbance activities within a minimum of 50-feet of the nest should be postponed until the nest is abandoned or young birds have fledged.

Mitigation Measure BIO-5 4: Environmental Awareness Training. All construction personnel shall be given environmental awareness training by the Proposed Project’s environmental inspector or biological monitor before the start of construction. The training will familiarize all construction personnel with the federally listed species that may occur in the Project Area, their habitats, general provisions and protections afforded by the Endangered Species Act, measures to be implemented to protect these species, and the project boundaries. This training will be provided to any new worker before they are authorized to perform project work. As part of the environmental awareness training, construction personnel will be notified that no dogs or any other pets under control of construction personnel will be allowed in the Project Area, and that no firearms will be permitted in the Project Area, unless carried by authorized security personnel or law enforcement.

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-13
Mitigation Measure BIO-6 5: Biological Monitor. A CDFW and/or USFWS-approved Biological Monitor will be present on-site for all construction activities that occur within 100-feet of any identified suitable habitats for state and/or federally listed species that may be present during the construction of the Proposed Project. The City will submit the Biological Monitor’s qualifications to the CDFW and the USFWS for approval 30-days prior to project construction. The Biological Monitor will ensure that all applicable avoidance and minimization measures are implemented during project construction. The Biological Monitor will also ensure that all vehicles entering the site are free of debris that may harbor organisms that could be introduced to the site, such as vegetation or mud from other areas.

The Biological Monitor will oversee construction activities to ensure that no state or federally listed species and/or their habitats experience unintended effects. The Biological Monitor will have the authority to stop any work activities that could result in unintended adverse effects to covered species and/or their habitats.

Mitigation Measure BIO-7 8: Staging Areas and Access Routes. When working on habitats that support state and/or federally listed species, disturbance to existing grades and vegetation will be limited to the actual site of the Proposed Project and necessary access routes. Placement of all roads, staging areas, and other facilities will avoid and limit disturbance-sensitive habitats (e.g., riparian habitat, suitable habitats) as much as possible.

All staging and material storage areas, including the locations where equipment and vehicles are parked overnight, will be placed outside of the flood zone of a watercourse, away from riparian habitat or wetland habitat, and away from any other sensitive habitats.

When possible, staging and access areas will be situated in areas that are previously disturbed, such as developed areas, paved areas, parking lots, areas with bare ground or gravel, and areas clear of vegetation.

The implementation of the above mitigation measures would reduce impacts associated with the Proposed Project to a level of less-than-significant. No additional mitigation measures are required.

Once constructed, the entire Proposed Project would not have an adverse effect on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW and USFWS. As a result, no long-term or permanent impacts are anticipated and no specific mitigation measures are required. (b) Less-than-Significant Impact with Mitigation. The construction and operation of the Proposed Project would stay outside of the dripline of the trees to the riparian area to the southwest and therefore would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS, including Waters of the U.S and Waters of the State. However, the following construction mitigation measures are proposed to ensure protection of the riparian area to the southwest.

Mitigation Measure BIO-8 7: Clean Water Act Permitting and California Fish and Game Code Compliance. If construction requires encroachment into the riparian area and as required by law, the City shall obtain relevant CWA permits (e.g., Sections 401 and

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-14
404), and a California Fish and Game Code Section 1602 Streambed Alteration Agreement prior to implementation of work within Waters of the U.S. and Waters of the State (WOUS/WOS). All conditions identified in the permits will be implemented as part of the Proposed Project.

Mitigation Measure BIO-9 8: Protection of Riparian Habitats and Vernal Pools. Prior to implementation of staging and construction or ground-disturbing activities, the City or its contractor shall install protective fencing around all riparian areas and vernal pools that could potentially be affected by Project activities. At no point will fencing be moved or removed during construction. No Project activities will be implemented within the protective fencing. No riparian vegetation will be removed as part of the Project.

Mitigation Measure BIO-10 9: Water Quality Best Management Practices. Prior to commencement of ground disturbing activities, the City, or its contractor, shall comply with applicable State Water Resources Control Board regulations for Construction and Municipal Stormwater Projects.

The implementation of the above mitigation measures would reduce impacts associated with the Proposed Project to a level of less-than-significant. No additional mitigation measures are required. (c) Less-than-Significant Impact with Mitigation. The construction and operation of the Proposed Project would stay outside of the dripline of the trees to the riparian area to the southwest. This riparian area is not considered a wetland and/or a Waters of the U.S., but could be considered a Waters of the State. However, the construction and operation of the Proposed Project would stay outside of the dripline of the trees to the riparian area to the southwest. Therefore, the Proposed Project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. In addition, construction Mitigation Measures BIO-8 7 through BIO-10 9 above would also further ensure protection of the riparian area to the southwest.
(d) Less-than-Significant Impact with Mitigation. There are numerous mature trees adjacent to the Proposed Project construction activities. Mature trees can serve as perching or nesting sites for migratory birds, and their removal can adversely affect breeding behavior. These species may occur within the area, which are protected under the U.S. Fish and Wildlife Service, the California Fish and Wildlife Code, and/or the Federal Migratory Bird Treaty Act of 1918 as migratory insectivorous birds and as such are protected by state and federal regulations. As a result, the potential exists that construction activities could adversely affect special status bird species if they happen to be nesting in the mature trees and/or blackberry bushes adjacent to the Proposed Project site. Many special status bird species are sensitive to loud construction noise. Such activities could cause nest abandonment or destruction of individual active nests. Because all special status bird species and their nests are protected under 3503.5 of the California Fish and Wildlife Code, construction of the Proposed Project could result in a significant impact to these species if they happen to be nesting in one or some of these mature trees and/or blackberry bushes adjacent to the

City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project Final IS/MND
June 2023 4-15
Project area. However, with the implementation of Mitigation Measures BIO-1 and BIO-5 3, these potential impacts would be reduced to less-than-significant levels. (e) No Impact. The Proposed Project is not expected to conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No trees are expected to be removed. Therefore, there is no impact, and no mitigation measures are required. (f) No Impact. The Proposed Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan. Therefore, there is no impact, and no mitigation measures are required.

Appendix A
Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
City of Watsonville
Zone 2 Water Reservoir and Booster Pump Station Modification Project Final Initial Study / Mitigated Negative Declaration
SCH # 2023030212
Prepared for:

City of Watsonville
250 Main Street
Watsonville, CA 95076
Prepared by:

SMB Environmental, Inc.

June 2023

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
2 INTRODUCTION
Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq. and CEQA Guidelines), the City of Watsonville (City) prepared a Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated with the City’s Zone 2 Water Reservoir and Booster Pump Station Modification Project (Proposed Project).

The City is located along the Monterey Bay between the City of Santa Cruz and the City of Monterey, in the County of Santa Cruz. The City lies in the heart of the Pajaro Valley, surrounded by prime agricultural land and wetlands.

The Proposed Project is located adjacent to the City’s existing Zone 2 Water Storage Tank and the City of Watsonville Airport. The purpose of the Proposed Project is to construct a new tank for redundant storage for the City’s Zone 2 area to help the City maintain and continue to provide its existing customers with a safe and reliable water supply.

The City’s Proposed Project includes the construction and operation of a new up to 3 million-gallon (MG) 36.5-foot high and up to 121-foot diameter concrete above ground water storage tank at the site of the Watsonville Municipal Airport. The new tank will be sited next and adjacent to the City’s existing 3 (MG) water storage tank and will provide the necessary back-up and emergency storage in the event of a catastrophic event such as an earthquake, drought or failure of the existing tank. The City’s existing approximately 32- foot high 150-foot diameter steel tank is nearing the end of its useful life and based on 2014 and 2019 inspections is suffering from internal corrosion. As a result, the existing storage tank will soon need to be rehabilitated and/or replaced and the City cannot risk taking the existing tank out of service until a/the new tank is constructed. As a result, this Proposed Project is not to provide water supply for growth, but instead to continue to provide the City’s existing customers with a safe and reliable water supply.

On March 7, 2023, to initiate public review of the Draft IS/MND, the City filed a Notice of Completion (NOC) for the project with the Governor’s Office of Planning and Research (State Clearinghouse or SCH) and a Notice of Availability (NOA) with the County of Santa Cruz and released the Public Draft IS/MND for a 30-day public review. The State Clearinghouse identified the Project with SCH # 2023030212. The 30-day public review period was established between March 7 and April 7, 2023, with copies of the Draft IS/MND available for review on the City’s website
https://www.cityofwatsonville.org/833/Projects and at the City’s offices at 250 Main Street, Watsonville, CA 95076 and at the City of Watsonville Library at 275 Main Street, Watsonville, CA 95076.

The City received three (3) comment letters during the 30-day public review period and has considered all comments received. The City then prepared a Final IS/MND according to CEQA Guidelines. Based on the Final IS/MND, the Proposed Project would not result in new significant impacts, substantially increase the severity of previously disclosed impacts, or involve any of the other conditions related to changed circumstances or new information that would require a EIR under Public Resources Code section 21166 and CEQA Guidelines section 15162 beyond those impacts and conditions already identified in the City’s Public Draft IS/MND.

PURPOSE OF MITIGATION MONITORING AND REPORTING

PROGRAM
This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a satisfactory manner before and during project construction and operation. The MMRP may be modified by the City during project implementation, as necessary, in response to changing conditions or other refinements. Table A (included at the end of this document) has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies individual mitigation measures, monitoring/mitigation timing, and responsible person/agency for implementing the measure, monitoring and reporting procedure, and space to confirm implementation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the Public Draft IS/MND.

ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City is responsible for taking all actions necessary to implement the mitigation measures under its jurisdiction according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The City, at its discretion, may delegate implementation responsibility or portions thereof to a licensed contractor or other designated agent. The City would be responsible for overall administration of the MMRP and for verifying that City staff members and/or the construction contractor has completed the necessary actions for each measure.

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
3 The City shall designate a project manager to oversee implementation of the MMRP and who is primarily responsible for implementing the mitigation measures for the Proposed Project as described in this MMRP. Duties of the project manager include the following:
• Ensure that routine inspections of the construction site are conducted by appropriate City staff; check plans, reports, and other documents required by the MMRP; and conduct report activities.
• Serve as a liaison between the City and the contractor or project applicant regarding mitigation-monitoring issues.
• Complete forms and maintain reports and other records and documents generated by the MMRP.
• Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary.

The responsible party for implementation of each item shall identify the staff members responsible for coordinating with the City on the MMRP.

REPORTING
The City’s Project Manager shall prepare a monitoring report, upon completion of the project, on the compliance of the activity with the required mitigation measures. Information regarding inspections and other requirements shall be compiled and explained in the report. The report shall be designed to simply and clearly identify whether mitigation measures have been adequately implemented. At a minimum, each report shall identify the mitigation measures or conditions to be monitored for implementation, whether compliance with the mitigation measures or conditions has occurred, the procedures used to assess compliance, and whether further action is required.

MITIGATION MONITORING AND REPORTING PLAN TABLE
The categories identified in Table A are described below. • Mitigation Measure – This column provides the text of the mitigation measures identified in the IS/MND.
• Timing – This column identifies the time frame in which the mitigation will take place.
• Implementation – This column identifies the party responsible for implementing compliance with the requirements of the mitigation measure
• Enforcement – This column identifies the party responsible for enforcing compliance with the requirements of the mitigation measure.
• Dated Signature for Verification of Compliance – This column is to be dated and signed by the person (either project manager or his/her designee) responsible for verifying compliance with the requirements of the mitigation measure.

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
4 Table A
Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance

3.1 AESTHETICS
Mitigation Measure AES-1: Implement Visual Construction Best Management Practices. The City and/or its contractor shall remove construction debris and dispose of it at a licensed facility on a daily basis. In the event daily disposal is not determined to be practical, it must be stored on site as far from residential receptors as feasible and be screened from view. The contractor would also be required to remove any debris, mud or other soils from the site that was deposited on public roadways by construction-related traffic. Construction equipment and crew parking areas are to be staged in an orderly manner and as far as possible from existing residences. Site conditions are to be left in a clean and orderly manner at the end of each working day.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure AES-2: Implement Architectural Features into Facility Design. The City and/or its contractor shall design construct the new tank to match the visual characteristics of the existing water storage tank as much as feasible, including painting or coloring the new concrete structure in white or tan colors to match the existing tank and to blend in with the community and surroundings.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure AES-3: Respectful and Effective Lighting. To ensure that the project’s exterior lighting does not spill over onto the adjacent uses including the adjacent airport operations and residential areas, all exterior light fixtures on the new tank (if any), shall be shielded or directed away from adjoining uses. Outdoor light intensity shall be limited to that necessary for adequate security and safety and be activated by motion sensors - as appropriate. All outside lighting shall be directed to prevent spillage onto adjacent properties and shall be shown on the site plans and elevations.

During and
after
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

3.3 AIR QUALITY
Mitigation Measure AIR-1: Basic Construction Mitigation Measures Recommended for ALL Proposed Construction Projects. During all phases of construction and as appropriate, the following procedures shall be implemented:
• Water all active construction areas at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.
• Prohibit all grading activities during periods of high wind (over 15 mph). • Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).
• Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydro seed area.
• Haul trucks shall maintain at least 2'0" of freeboard.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
1 The City’s Public Works Director/City Engineer is primarily responsible for implementing and/or ensuring the implementation of the mitigation measures for the Proposed Project as described in this MMRP.

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Compliance
• Cover all trucks hauling dirt, sand, or loose materials. • Plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land. • Plant vegetative ground cover in disturbed areas as soon as possible. • Cover inactive storage piles.
• Install wheel washers at the entrance to construction sites for all exiting trucks. • Pave all roads on construction sites.
• Sweep streets if visible soil material is carried out from the construction site. • Post a publicly visible sign which specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Unified Air Pollution Control District shall be visible to ensure compliance with Rule 402 (Nuisance).
• Limit the area under construction at any one time.
• Limit the pieces of equipment used at any one time.
• Minimize the use of diesel-powered equipment (i.e., wheeled tractor, wheeled loader, roller) by using gasolinepowered equipment to reduce NOx emissions. • Limit the hours of operation for heavy-duty equipment. • Undertake project during non-zone season (November 1 – April 30). • Off-site mitigation

3.4 BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Conduct Pre-construction Surveys for Special Status Plant and Wildlife Species. A qualified biologist shall conduct pre-construction surveys for state and federal special status plant and wildlife species (including SCT and Crotch Bumble Bee) no more than 10-days prior to construction. A combination of visual and trapping surveys may be performed with authorization from CDFW and/or USFWS. If a wildlife special species is found near any proposed construction areas, impacts on individuals and their habitat shall be avoided to the extent feasible. If occupied habitat can be avoided, an exclusion zone shall be established around the habitat and temporary suitable/authorized fencing shall be installed around the buffer area with “Sensitive Habitat Area” signs posted and clearly visible on the outside of the fence. If avoidance is not possible and the species is determined to be present in work areas, the qualified biologist with prior approval from CDFW and/or USFWS may capture the wildlife special status species prior to construction activities and relocate them to nearby, suitable habitat a minimum of 300-feet from the work area. Exclusion fencing shall then be Prior to
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Compliance
installed if feasible to prevent them from reentering the work area. For the duration of work in these areas, the biologist should conduct regular follow-up visits to monitor effectiveness.

Mitigation Measure BIO-2: Santa Cruz Tar Plant Procedures. The following measures are recommended to avoid and minimize potential impacts to SCT during construction of the Zone 2 Reservoir Project:
• Qualified Botanist/Biologist for SCT Surveys. The City will submit the name and credentials of the botanist/ to the US Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) who will conduct pre-construction surveys and other activities specified for SCT. No project activities will begin until the City receives approval from the USFWS and CDFW that the botanist/biologist is qualified to conduct the work. • Avoid Known SCT Occurrence(s). The Zone 2 Reservoir Project plans shall be revised to avoid direct impact to all known SCT. A 100-foot buffer shall be established around all SCT plant(s) as documented in the 2021 survey. or in subsequent surveys if construction is delayed.
• Pre-Construction Surveys for SCT. An experienced botanist, familiar with the native plant communities of the City shall conduct a focused Santa Cruz tarplant survey during the blooming period of the species, from June to October, over a minimum of two consecutive seasons. The surveys shall occur throughout the entire Project where potential Santa Cruz tarplant habitat has been identified, prior to the initiation of construction and the results shall be included in the Project environmental document. Surveys shall be conducted according to: Protocols for Surveying and Evaluating Impacts to Special-Status Native Plant Populations and Natural Communities (CDFW 2018), available at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline. If SCT plants are found in the project area, project construction within 100 feet of the SCT plant(s) will be halted and if impacts cannot be avoided and the take of the species may occur, the USFWS and CDFW will be contacted and consultation with the USFWS under the Federal ESA and CDFW under the California ESA will be conducted, which may require obtaining an incidental take permit (ITP). If no SCT plants are found, construction can proceed and no consultation is required
• Worker Training on SCT and Habitat. Prior to commencement of project activities, the USFWS/CDFW approved botanist/biologist will conduct a training session for all construction personnel. The training will include the means to identify SCT and its habitat, and avoidance measures to be implemented should a SCT plant be encountered during the construction period.
• Designated Construction Corridor: A 6-foot-high chain link fence shall be erected 15-feet away from the construction area, access route and staging areas. No vehicles, equipment or constriction material will be permitted outside the construction corridor. Equipment, construction material stockpiles and vehicles will only be permitted to be stored in the paved area of the Watsonville Water Well No. 17 site. • Post-Construction Monitoring for SCT: The City will engage the services of a qualified botanist to survey the temporarily-disturbed construction areas and the SCT soil receiver site to determine if SCT have colonized any areas subject to temporary disturbance and/or soil stockpile placement. The potential emergence of any SCT within temporarily disturbed areas and the SCT soil receiver site will be monitored in the summer-blooming period for Prior to
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
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Compliance
SCT in the two summers following completion of construction. If SCT is detected within these areas a report of findings will be sent to CDFW and USFWS. A CNDDB Field Survey Form will be completed and submitted to CDFW. If no SCT are found, a memo will be sent to CDFW and USFWS.

Mitigation Measure BIO-3: Conduct Focused Crotch Bumble Bee Surveys. A survey for Crotch bumble bee shall be conducted prior to the start of ground-disturbing activities. The biologist conducting the survey and the survey protocol shall be approved in writing by CDFW prior to the survey. The Project shall submit a survey report to CDFW within one month of survey completion and shall notify CDFW within 24 hours if Crotch bumble bee or other special-status bumble bees are detected. The Project shall obtain a CESA ITP from CDFW if impacts to Crotch bumble cannot be avoided.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-4: Conduct Bird Breeding and Nesting Surveys. For construction activities that occur between February 1 and August 31, preconstruction breeding and nesting bird surveys shall be conducted by a qualified biologist prior to and within 10 days of any initial ground-disturbance activities. Surveys shall be conducted within all suitable nesting habitat within 250-feet of the activity. All active, non-status passerine nests identified at that time shall be protected by a 50-foot radius minimum exclusion zone. Active raptor or special-status species nests shall be protected by a buffer with a minimum radius of 200-feet. CDFW and USFWS recommend that a minimum 500-foot exclusion buffer be established around active special status species nests. The following considerations apply to this mitigation measure:
• Survey results are valid for 14-days from the survey date. Should ground disturbance commence later than 14-days from the survey date, surveys should be repeated. If no breeding birds are encountered, then work may proceed as planned.
• Exclusion zone sizes may vary, depending on habitat characteristics and species, and are generally larger for raptors and colonial nesting birds. Each exclusion zone would remain in place until the nest is abandoned or all young have fledged.
• The non-breeding season is defined as September 1 to January 31. During this period, breeding is not occurring and surveys are not required. However, if nesting birds are encountered during work activities in the non-breeding season, disturbance activities within a minimum of 50-feet of the nest should be postponed until the nest is abandoned or young birds have fledged.

Prior to
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-5: Environmental Awareness Training. All construction personnel shall be given environmental awareness training by the Proposed Project’s environmental inspector or biological monitor before the start of construction. The training will familiarize all construction personnel with the federally listed species that may occur in the Project Area, their habitats, general provisions and protections afforded by the Endangered Species Act, measures to be implemented to protect these species, and the project boundaries. This training will be provided to any new worker before they are authorized to perform project work. As part of the environmental awareness training, construction personnel will be notified that no dogs or any other pets under control of construction personnel will be allowed in the Project Area, and that no firearms will be permitted in the Project Area, unless carried by authorized security personnel or law enforcement.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance
Mitigation Measure BIO-6: Biological Monitor. A CDFW and/or USFWS-approved Biological Monitor will be present on-site for all construction activities that occur within 100-feet of any identified suitable habitats for state and/or federally listed species that may be present during the construction of the Proposed Project. The City will submit the Biological Monitor’s qualifications to the CDFW and the USFWS for approval 30-days prior to project construction. The Biological Monitor will ensure that all applicable avoidance and minimization measures are implemented during project construction.

The Biological Monitor will also ensure that all vehicles entering the site are free of debris that may harbor organisms that could be introduced to the site, such as vegetation or mud from other areas.

The Biological Monitor will oversee construction activities to ensure that no state or federally listed species and/or their habitats experience unintended effects. The Biological Monitor will have the authority to stop any work activities that could result in unintended adverse effects to covered species and/or their habitats.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-7: Staging Areas and Access Routes. When working on habitats that support state and/or federally listed species, disturbance to existing grades and vegetation will be limited to the actual site of the Proposed Project and necessary access routes. Placement of all roads, staging areas, and other facilities will avoid and limit disturbance-sensitive habitats (e.g., riparian habitat, suitable habitats) as much as possible. All staging and material storage areas, including the locations where equipment and vehicles are parked overnight, will be placed outside of the flood zone of a watercourse, away from riparian habitat or wetland habitat, and away from any other sensitive habitats. When possible, staging and access areas will be situated in areas that are previously disturbed, such as developed areas, paved areas, parking lots, areas with bare ground or gravel, and areas clear of vegetation.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-8: Clean Water Act Permitting and California Fish and Game Code Compliance. If construction requires encroachment into the riparian area and as required by law, the City shall obtain relevant CWA permits (e.g., Sections 401 and 404), and a California Fish and Game Code Section 1602 Streambed Alteration Agreement prior to implementation of work within Waters of the U.S. and Waters of the State (WOUS/WOS). All conditions identified in the permits will be implemented as part of the Proposed Project.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-9: Protection of Riparian Habitats and Vernal Pools. Prior to implementation of staging and construction or ground-disturbing activities, the City or its contractor shall install protective fencing around all riparian areas and vernal pools that could potentially be affected by Project activities. At no point will fencing be moved or removed during construction. No Project activities will be implemented within the protective fencing. No riparian vegetation will be removed as part of the Project.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure BIO-10: Water Quality Best Management Practices. Prior to commencement of ground disturbing activities, the City, or its contractor, shall comply with applicable State Water Resources Control Board regulations for Construction and Municipal Stormwater Projects.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance

3.5 CULTURAL RESOURCES
Mitigation Measure CR-1: Halt Work if Cultural Resources are Discovered. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100-feet of the resources shall be halted and after notification, the City shall consult with a qualified archaeologist to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the California Public Resources Code), representatives of the City and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the lead agency shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is carried out.

Upon discovery
of cultural
resources
City of
Watsonville
City of
Watsonville
Mitigation Measure CR-2: Stop Work if Paleontological Remains are Discovered. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing activities, work will stop in that area and within 100-feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City.

Upon discovery
of the
suspected
paleontological
remains
City of
Watsonville
City of
Watsonville
Mitigation Measure CR-3: Halt Work if Human Remains are Found. If human remains are encountered during excavation activities conducted for the Proposed Project/Action, all work in the adjacent area (100-feet) shall stop immediately and the Santa Cruz County Coroner’s office shall be notified. If the Coroner determines that the remains are Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered human remains and any associated burial goods.

Upon the
discovery of
suspected
human remains
City of
Watsonville
The City of
Watsonville
The State
Historic
Preservation
Office (SHPO)

3.6 GEOLOGY AND SOILS
Mitigation Measure GEO-1: Erosion and Sedimentation Prevention Procedures. The City, or its contractor, shall comply with applicable State Water Resources Control Board regulations for Construction and Municipal Stormwater Projects.

Prior to
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure GEO-2: Conduct Geotechnical Investigation. The City shall conduct a design-level geotechnical study/investigation to project implementation to determine proper design and construction methods, including design of any soil remediation measures as required to reduce hazards caused by landslides, liquefaction, and/or lateral spreading.

Prior to
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance

3.7 HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Store, Handle, Use Hazardous Materials in Accordance with Applicable Laws. The City shall ensure that all construction-related and operational hazardous materials and hazardous wastes shall be stored, handled, and used in a manner consistent with relevant and applicable federal, state, and local laws. In addition, construction-related and operational hazardous materials and hazardous wastes shall be staged and stored away from stream channels and steep banks to keep these materials a safe distance from near-by residents and prevent them from entering surface waters in the event of an accidental release.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-2: Properly Dispose of Contaminated Soil and/or Groundwater. If contaminated soil and/or groundwater is encountered or if suspected contamination is encountered during project construction, work shall be halted in the area, and the type and extent of the contamination shall be identified. A contingency plan to dispose of any contaminated soil or groundwater will be developed through consultation with appropriate regulatory agencies.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-3: Equipment Inspection and Maintenance. The City shall ensure that well-maintained equipment will be used to perform the work, and except in the case of a failure or breakdown, equipment maintenance will be performed off-site. Equipment will be inspected daily by the operator for leaks or spills. If leaks or spills are encountered, the source of the leak will be identified, leaked material will be cleaned up, and the cleaning materials will be collected and properly disposed. Spills, leaks, and other problems of a similar nature will be resolved immediately to prevent unnecessary effects on state and federally listed species and their habitats. A plan for the emergency cleanup of any spills of fuel or other material will be available on site, and adequate materials for spill cleanup will be maintained on site.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-4: Fueling Activities. The City will protect state and federally listed species and their habitats from pollution due to fuels, oils, lubricants, and other harmful materials. Vehicles and equipment that are used during the Proposed Project will be fueled and serviced in a manner that will not affect federally listed species or their habitats.

Machinery and equipment used will be serviced, fueled, and maintained on uplands in a “safe” area (i.e., outside of sensitive habitats) and will be located outside of suitable habitats for federally listed species, to prevent contamination.

Fueling equipment and vehicles will be kept more than 200-feet away from aquatic habitats (i.e., waters of the U.S. and Waters of the State), and more than 100-feet away from suitable terrestrial habitats for federally listed species. Exceptions to this distance requirement may be allowed for large cranes, pile drivers, and drill rigs, if they cannot be easily moved.

The City will establish a temporary fuel containment basin if these buffers cannot be maintained. Fueling will be conducted in accordance with procedures to be developed in a Spill Prevention and Pollution Control Plan.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-5: Equipment Staging. The City shall ensure that no staging of construction materials, equipment, tools, buildings, trailers, or restroom facilities will occur in a floodplain during flood season, even if staging is only temporary.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance
Mitigation Measure HAZ-6: Comply with FAA Advisory Circular 150/5370-2. The City and its contractors shall comply with all relevant sections of the FAA Advisory Circular 150/5370-2, which sets forth guidelines for operational safety on airports during construction, including the development of an Airport Construction and Phasing Plan that must be provided to and approved of by the Airport Manager/Airport Traffic Control Tower folks prior to construction. The City shall coordinate all associated construction activities with the Airport Manager/Airport Traffic Control Tower within 5 business days prior to the initiation of construction activities.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-7: Comply with FAA Advisory Circular 70/7460-1M. The City and its contractors shall comply with all relevant sections of the FAA Advisory Circular 70/7460-1M, which sets forth guidelines for obstruction marking and lighting. The Proposed Project will exceed the RWY 09/27 Part 77 Transitional surface and therefore, the structure must be lighted with red obstruction lights in accordance with FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting, Chapters 4, 5, and 12. Copy of the current AC 70/7460-1 can be viewed and/or downloaded with red obstruction lights in accordance with FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting, Chapters 4, 5, and 12. Copy of the current AC 70/7460-1 can be viewed and/or downloaded at:
https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.current/documentNumber/70_7460-

1. A separate notice shall be filed with the FAA if any of the construction equipment, such as temporary cranes, whose working limits would exceed the height and lateral dimensions of the current Proposed Project.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure HAZ-8: Fire Prevention and Control. The City shall comply with all federal, state, county and local fire regulations pertaining to burning permits and the prevention of uncontrolled fires. As appropriate, the following measures shall be implemented to prevent fire hazards and control of fires:
• The City shall develop and implement a fire prevention and suppression plan for the Proposed Project for those activities that have a risk of starting a wildfire. • A list of relevant fire authorities and their designated representative to contact shall be maintained on site by City and/or construction personnel.
• Adequate firefighting equipment shall be available on site in accordance with the applicable regulatory requirements.
• The level of fire hazard shall be posted at the construction office (where visible for workers) and workers shall be made aware of the hazard level and related implications. • The City or its contractor shall have sufficient fire suppression equipment to handle any possible fire emergency that could be caused by the Proposed project’s construction activities. As appropriate, this shall include, although not be limited to, water trucks; portable water pumps; chemical fire extinguishers; hand tools such as shovels, axes, and chain saws. Specifically, the City or its contractor shall supply and maintain in working order an adequate supply of fire extinguishers for each crew engaged in potentially combustible work such as welding, During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
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Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance
cutting, and grinding.
• All equipment shall be equipped with spark arrestors. • In the event of a fire, the City or its contractor shall immediately use resources necessary to contain the fire.

The City or contractor shall then notify local emergency response personnel. • Any and all tree-clearing activities (if any) are to be carried out in accordance with local rules and regulations for the prevention of forest fires.
• Burning shall be prohibited.
• Flammable wastes shall be removed from the construction site on a regular basis. • Flammable materials kept on the construction site must be stored in approved containers away from ignition sources.
• Smoking shall be prohibited on the construction site, except at designated safe areas with proper cigarette disposal containers.

3.8 HYDROLOGY AND WATER QUALITY
Mitigation Measure HWQ-1: Implement Construction Best Management Practices. The City, or its contractor, shall comply with applicable State Water Resources Control Board regulations for Construction and Municipal Stormwater Projects.

Prior to and
during
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

3.11 NOISE
Mitigation Measure NOI-1: Limit Construction Hours. Construction activities will be limited to the least noisesensitive times and will comply with the City’s noise ordinances. Construction, alteration, and other related activities shall be allowed on weekdays between the hours of 7 a.m. and 7 p.m., and on Saturdays between the hours of 9 a.m. and 4 p.m.

Construction activities shall not exceed the outdoor ambient sound level (dBA) of 75 dBA.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure NOI-2: Locate Staging Areas away from Sensitive Receptors. The City’s construction specification shall require that the contractor select staging areas as far as feasibly possible from sensitive receptors.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure NOI-3: Maintain Mufflers on Equipment. The City’s construction specifications shall require the contractor to maintain all construction equipment with manufacturer’s specified noise-muffling devices.

During
construction of
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
13 Table A
Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
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Dated Signature
for
Verification of
Compliance
the Proposed
Project
Mitigation Measure NOI-4: Idling Prohibition and Enforcement. The City shall prohibit and enforce unnecessary idling of internal combustion engines. In practice, this would mean turning off equipment if it will not be used for five or more minutes.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville
Mitigation Measure NOI-5: Equipment Location and Shielding. Locate all stationary noise-generating construction equipment such as air compressors and standby power generators as far as possible from homes and businesses.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

3.16 TRAFFIC AND TRANSPORTATION
Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan. As is consistent with existing policy, the City shall require the contractor to prepare and implement effective traffic control plans to show specific methods for maintaining traffic flows. Examples of traffic control measures to be considered include: 1) use of flaggers to maintain alternating one-way traffic while working on one-half of the street; 2) use of advance construction signs and other public notices to alert drivers of activity in the area; 3) use of “positive guidance” detour signing on alternate access streets to minimize inconvenience to the driving public; 4) provisions for emergency access and passage; and 5) designated areas for construction worker parking.

During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

3.17 TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Halt Work if Tribal Cultural Resources are Discovered. In the event that any tribal cultural resources are discovered during ground disturbing activities, all work within 100-feet of the resources shall be halted and after notification, the City shall consult with a qualified archaeologist and local tribes to assess the significance of the find. If any find is determined to be significant as a unique tribal cultural resource, the City shall treat the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including to, but not limited to, the following:
• Protecting the cultural character and integrity of the resource; • Protecting the traditional use of the resource; and
• Protecting the confidentiality of the resource.

In considering any suggested mitigation proposed by the consulting archaeologist and/or the appropriate tribe in order to mitigate impacts to any tribal cultural resources find, the City shall determine whether avoidance is feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted and coordinated with the appropriate tribe(s). Work may During
construction of
the Proposed
Project
City of
Watsonville
City of
Watsonville

Zone 2 Water Reservoir and Booster Pump Station Modification Project City of Watsonville Mitigation Monitoring and Reporting Program
14 Table A
Mitigation Monitoring and Reporting Plan
City of Watsonville Zone 2 Water Reservoir and Booster Pump Station Modification Project IS/MND
Mitigation Measure Timing Implementation1 Enforcement1
Dated Signature
for
Verification of
Compliance
proceed on other parts of the project site while mitigation measures for tribal cultural resources or other unique archaeological resources are carried out.

1 City of Watsonville
Zone 2 Water Reservoir & Booster
PS Modification Project
Mitigated Negative Declaration
June 13, 2023

2 Purpose of Agenda Item
• To provide Council an update on the proposed project. • To recommend Council action:
– Adopt the Initial Study and Mitigated Negative Declaration (IS/MND) – Approve the project
– Condition project approval on compliance with all measures of the Mitigation Monitoring and Reporting Program (MMRP)

3 Project Location

4 Existing 3 MG Tank Site
Existing tank is the only potable water storage for
Zone 2

5 Project Purpose
• Inspections in 2014 and 2019 indicate
internal corrosion which requires
rehabilitation.
• Structural analysis indicates improvements
are needed to reduce seismic vulnerability

6 Project Purpose
• Unable to perform needed improvements
on existing tank while continuing to provide
Zone 2 with sufficient water storage for
reliable operation.
• New Zone 2 tank is needed to continue
providing City’s customers with safe and
reliable water supply.
• Estimated $10 million construction cost;
Received $5 million DWR drought-relief
grant

7 Proposed New ≤ 3 MG Tank Site

8 CEQA Activities
• Pursuant to the California Environmental Quality Act, staff completed the following actions:
– City prepared Public Draft and Final IS/MND documents to evaluate potential environmental impacts associated
with the Proposed Project.
– On March 7, 2023 City filed a Notice of Completion with the State Clearinghouse and a Notice of Availability of public draft with Santa Cruz County
– Released the Public Draft IS/MND for 30-day public
review (March 7 to April 7, 2023)
– Received three comment letters during the 30-day period.

All comments received have been considered in preparing the Final IS/MND according to CEQA Guidelines.

9 Recommended Council Action
• Adopt the Initial Study and Mitigated Negative
Declaration (IS/MND);
• Approve the project; and
• Condition project approval on compliance with all
measures of the Mitigation Monitoring and Reporting
Program (MMRP)

10 QUESTIONS?

11 Extra Slides

12 Tank Details
• Existing tank is ~32 ft high, 150-ft diameter steel
• New tank is up to 36.5 ft high, 121 ft diameter
prestressed concrete

13 FAA Safety Zones

14 FAA Safety Zones 5/6 Codes

15 MMRP - FAA

16 MMRP - Noise

17 MMRP - Tarplant

18 MMRP – Crotch Bumblebee

19 City Muni Code Section 8-1.105(e)
• City is exempt from issuing itself a permit for the
Proposed Project.
• City can and should approve projects within the
Airport Safety Zones for existing and new water
supply infrastructure.
• Proposed project is not an expansion of Airport
facilities and/or land uses around the Airport.

6/9/2023 2:36:09 PM
C:\Program Files\eSCRIBE\TEMP\1436697817\1436697817,,,Report - Measure Y and Measure R By-laws.docx Agenda Report
MEETING DATE: Tuesday, June 13, 2023
TO: City Council
FROM: ASSISTANT CITY MANAGER VIDES
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AMENDED MEASURE Y OVERSIGHT COMMITTEE BYLAWS AND

ADOPT MEASURE R COMMITTEE BYLAWS
RECOMMENDED ACTION:

1. Adopt a resolution amending the Measure Y Oversight Committee Bylaws; and

2. Adopt a resolution adopting the Measure R Oversight Committee Bylaws.

BACKGROUND:

Measure Y was originally adopted by Watsonville voters in 2014 as Measure G and extended in 2020. The Measure Oversight Committee needs bylaws to operate economically, and effectively and to reduce the time burden on Committee members. The Council first adopted Bylaws for the Measure G Revenue Measure Oversight Committee on May 12, 2015, by Resolution No. 73-15 (CM).

These by-laws contain all the Oversight Committee’s Measure G duties. The bylaws describe the role of the Committee, what rules apply to the Committee, what support the City provides, meeting schedules, who can speak for the Committee, appropriate expenditures, Committee selection, and reports to the community. The by-laws will clarify the roles of the City and the Committee and make it clear to the public what to expect from each.

In 2017, the City revised the Measure Y by-laws to reduce the membership of the committee from 13 to 11. At the same time, the committee decided that they would meet twice a year instead of four times a year.

In 2022, Watsonville voters approved the Community Investment Tax Revenue Measure, commonly known as Measure R. Measure R, by ordinance and like Measure G and Y, calls for a citizen’s oversight committee to be established. To comply with the voters’ wishes when approving Measure R, it is recommended that the Council adopts by-laws to govern the operation of this newly formed citizens committee.

6/9/2023 2:36:09 PM
C:\Program Files\eSCRIBE\TEMP\1436697817\1436697817,,,Report - Measure Y and Measure R By-laws.docx DISCUSSION:

The proposed amendments to the Measure Y Citizen’s Oversight Committee By-laws are suggested to strengthen the involvement of independent committee members. Reducing the minimum number of committee members will make it easier for the committee to achieve a quorum at their meetings, thus making it easier for the committee to take action. In addition, the by-laws where necessary are being updated to be consistent with the City Charter.

The Measure R by-laws are new and are written using the template of Measure Y by-laws as the duties and roles of these committees are very similar. One important update to the bylaws is the addition of a youth voice/member to the Measure R Committee. This would address a Council priority and also provide a voice to a large segment of our community as we plan for the future and the best use of these resources. [NOTE: As of the writing of this staff report, the draft bylaws where still being reviewed and finalized. They will be provided as soon as they are available.] STRATEGIC PLAN:

Approval of the proposed amendments of Measure Y bylaws and adoption of the new Measure R by-laws support several goals of the Council Strategic plan:

1. Goal number 2:

2. Goal number 6: Community Engagement and Wellbeing

3. Goal number 6: Public Safety

4. Goal number 7:

FINANCIAL IMPACT:

These by-laws will allow staff and the Committee to operate effectively and economically, ensuring that the revenues generated by these Tax Measures are used per the voters’ wishes and in direct support of current community needs. There is no direct financial impact to the City by approving the amendment and adoption of these by-laws.

ALTERNATIVE ACTION:

The Council could reject the Committee's recommendation and retain a membership of 11, require a different set of qualifying criteria, and make any other changes it deems appropriate.

The Council may also opt not to adopt the proposed by-laws for the Measure R oversight committee or modify them as necessary.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM)
Meeting Date: 061323 SWZ ______ RM ______
1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING THE THIRD AMENDED REVENUE MEASURE OVERSIGHT

COMMITTEE BYLAWS
WHEREAS, on June 6, 2014, the City of Watsonville voters adopted a Sales and Use Tax: Public Safety Sales Tax Measure (Measure G); and WHEREAS, subdivision (c)(1) of Section 3-6.1102 of the Watsonville Municipal Code codifying Measure G, obligates the City to establish a Revenue Measure Oversight Committee to provide a second independent verification that all expenditures are being made as promised to Watsonville residents; and
WHEREAS, on September 9, 2014, the City Council adopted Resolution 122-14 (CM) establishing the Revenue Measure Oversight Committee; and WHEREAS, on May 12, 2015, Council adopted Resolution No. 73-15 (CM), approving the City of Watsonville Revenue Measure Oversight Committee Bylaws; and WHEREAS, on February 14, 2017, Council adopted Resolution No. 17-17 (CM) approving the First Amended Revenue Measure Oversight Committee Bylaws; and WHEREAS, on March 3, 2020, the voters adopted Measure Y, which renewed the tax measure adopted by Measure G. Measure Y is subject to the same oversight requirements as Measure G; and
WHEREAS, on June 9, 2020, the Council adopted Resolution No. 93-20 (CM) approving the Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws to comply with the changes to the new Public Safety Sales Tax Measure approved by the voters on March 3, 2020; and
WHEREAS the Third Amended Revenue Measure Oversight Committee

Reso No. (CM)
Meeting Date: 061323 2
Bylaws will further clarify the role of the Revenue Measure Oversight Committee.

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

1. Adopting a Resolution amending Measure Y Bylaws 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 of the City of Watsonville hereby approves the Third Amended Revenue Measure Oversight Committee Bylaws, attached hereto and incorporated herein.

3. That the City Clerk is hereby directed to transmit a copy of this resolution to the Measure Y Committee.
********************************

SECOND AMENDED PUBLIC SAFETY SALES TAX MEASURE

OVERSIGHT COMMITTEE BYLAWS
(RESOLUTION NO.______________, ADOPTED JUNE 13, 2023)
4886-8694-6666 v1
Table of Contents
__________________________________________________________________________________ Section 1. Committee Established. .......................................................................................................2 Section 2. Purposes. ...............................................................................................................................2 Section 3. Committee Duties..................................................................................................................2

3.1 Examine................................................................................................................................ 3

3.2 Inform ................................................................................................................................... 4

3.3. Council and City Manager Duties .............................................................................. 5

3.4. Limit to the Public Safety Sales Tax Measure Expenditures Only................ 5 Section 4. Authorized Activities. ...........................................................................................................5 Section 5. Membership...........................................................................................................................6

5.1 Number................................................................................................................................. 6

5.2 Qualification Standards.................................................................................................. 6

5.3 Ethics Conflict of Interest. ............................................................................................. 6

5.4 Term. ..................................................................................................................................... 6

5.5 Removal; Vacancy............................................................................................................. 6

5.7 Compensation. ................................................................................................................... 6

5.8 Authority of Members..................................................................................................... 6 Section 6. Meetings of the Committee...................................................................................................7

6.1 Regular Meetings. ............................................................................................................. 7

6.2 Location................................................................................................................................ 7

6.3 Procedures. ......................................................................................................................... 7 Section 7. City Support...........................................................................................................................7 Section 8. Reports. .................................................................................................................................7 Section 9. Officers..................................................................................................................................8 Section 10. Amendment of Bylaws.......................................................................................................8 Section 11. Expiration............................................................................................................................8 ~o0o~

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
SECTION 1. COMMITTEE ESTABLISHED.
1 The voters in the City of Watsonville (the "City") at the election conducted on June 6, 2014, (the "Election"), obtained authorization from the City's voters to enact a Sales and Use Tax: Public Safety Sales Tax Measure (Measure G). The election was conducted under the provisions of Part 1.6 (commencing with Section 7251) and Section 7285.91 of Part 7.1 in Division 2 of the California Revenue and Taxation Code.

The Public Safety Sales Tax Measure was codified in the Watsonville Municipal Code commencing with Section 3-6.1101. Pursuant to subdivision (b) of Section 3-6.1102, the City was obligated to establish a City Revenue Oversight Committee to provide a second independent verification that all expenditures are being made as promised to Watsonville residents.

The City Council therefore adopted Resolution 122-14 (CM) on September 9, 2014, which established the Citizens' Revenue Oversight Committee (the "Committee") which possesses all the rights and is obligated to comply with the duties set forth in the Public Safety Sales Tax Measure. Since the Committee does not have independent legal capacity from the City, the Council promulgated and adopted bylaws which are intended to implement the provisions of The Public Safety Sales Tax Measures.

The City Council in October 2019 adopted Ordinance No. 1393-19 (CM) rescinding Article 11 of Chapter 6 of Title 3 of Watsonville and adding a new Article 11 entitled Transactions Use Tax: Public Safety Sales Tax Measure to be administered by the California State Board of Equalization and to be approved by the Voters of the City of Watsonville.

The voters of the City at the election conducted on March 3, 2020, voted to renew the Public Safety Sales Tax Measure (Measure Y) until repealed by voters.

These bylaws govern the operation of the Committee.

SECTION 2. PURPOSES.

The purposes of the Committee are set forth in Article 11. Transactions and Use Tax: Public Safety Sales Tax of Title 6 (Finance) of the Watsonville Municipal Code. The Committee shall be subject to the Ralph M. Brown Public Meetings Act of the State of California (California Government Code § 54950 et seq.), meaning that all meetings of the committee will be open to the public, include advance notice of the meeting, adhere to a published agenda, and allow for public comment on all items on the agenda and within the subject matter jurisdiction of the Committee.

The City shall provide necessary administrative support to the Committee.

The proceeds of the Public Safety Sales Tax Measure are hereinafter referred to as "Sales Tax Measure Revenue."
SECTION3. COMMITTEE DUTIES.

To carry out its stated purposes, the Committee shall perform the duties set forth in Section 3.1 and 3.2 and refrain from those activities set forth in Sections 3.4 and 3.5 of these Bylaws.

1 These Second Amended By-Laws supersede and replace the original by-laws adopted by Resolution No. 73-15 (CM) on May 12, 2015 and the First Amended By-laws adopted by Resolution No. 17-17 (CM) on February 7, 2017.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1

3.1 EXAMINE
A. PERIODIC EXPENDITURE REPORTS.

The Committee shall review appropriate expenditure reports produced by the City to verify that the Public Safety Sales Tax Measure revenues were expended only for the public safety purposes set forth in The Public Safety Sales Tax Measure2: “to maintain: police officer staffing levels; police emergency response times; neighborhood patrols; anti-gang and youth violence prevention, intervention and suppression efforts including the Police Activities League program and other youth programs. The public safety sales tax measure will enable the upgrade of equipment and technology to help solve crimes, combat crime and fight gangs and expand programs to identify and shut down drug and gang houses. It will also help maintain firefighter staffing levels to ensure enough are on duty, fire and paramedic emergency response times and replace inadequate and outdated life-saving equipment. Funds may be used to improve, maintain or develop services or facilities (e.g., East Side Emergency Services) based on demand for services as demonstrated by call volumes, response times or other measurable indicators of community need. The public safety sales tax measure will enable the City to hire more parks and recreation staff for youth prevention programs, increase recreation services to neighborhoods, and upgrade equipment and facilities to increase and improve safe places for youth in the Watsonville communityi.”
B. ANNUAL AUDIT.

Each year, the City engages an independent third-party accounting firm to audit the City’s revenues and expenditures. Measure Y funds will be a specific and discrete component of the annual audit. The Committee will review the audit and incorporate into the Committee’s report whether Measure Y expenditures complied with the expenditure plan. 3 C. CITY BUDGET
Verify that the City’s annual budget specifies that all revenues from the Public Safety Sales Tax Measure shall be used only for improving the community’s public safety, with the revenue to be directed in support of the Police, Fire, Parks and Community Services Departments, in the proportions of fifty-four percent (54%) to Police and thirty-eight percent (38%) to Fire, and eight percent (8%) to Parks and Community Services. The City’s budget will include a dedicated fund to track and monitor Measure Y revenues and expenditures. The Measure Y fund will be divided into separate and distinct sub-funds for Measure Y revenues and expenditures Police, Fire, and Parks and Community Services. 4 D. MAINTENANCE OF EFFORT
Maintenance of Effort. Verify the City does not use The Public Safety Sales Tax Measure funds to replace General Fund operating budget contributions for the Police, Fire, and Parks and Community Services Departments by comparing the baseline maintenance of effort budgets. The baseline maintenance of effort budgets for this purpose shall be the fiscal year 2013-2014 adopted General Fund budgeted City contribution amounts for Police and Fire operations.

The Police Department fiscal year 2013-2014 adopted General Fund operating City budget contribution amount was Twelve Million Three Hundred Fifty-Nine Thousand Nine Hundred Twenty-Four and no/100ths ($12,359,924.00) Dollars. The Fire Department fiscal year 2013-2014 adopted General Fund operating City budget contribution amount was Five

2 WMC. Subdivision (a) of Section 3-6-1102.
3 WMC. Subdivision (c) of Section 3-6.1102.
4 WMC. Subdivision (d) of Section 3-6.1102.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
Million Six Hundred Seventy-Two Thousand Two Hundred Ninety-Nine and no/100ths ($5,672,299.00) Dollars.

These baselines shall be increased by the change in Consumer Price Index not to exceed three (3%) percent beginning in the fiscal year 2020-2021 budget. The Consumer Price Index shall be for all urban consumers for the San Francisco Bay Area for the preceding April to April change.
5 E. CONTINGENCY RESERVE FUND
Contingency/Reserve Fund. Because the Public Safety Sales Tax Measure is used for essential services that are needed during both good and bad economic times, the Committee shall verify that the City has established a Contingency/Reserve Fund adequate to ensure that services are maintained in the event sales tax revenues decline. The Contingency / Reserve Fund will contain (10%) of the annually budgeted revenues. In any given year when the Contingency/Reserve Fund holds less than the required ten percent (10%) of annual revenues, the first use of funds will be to implement the plan’s current year program and then to establish or re-establish the Contingency/Reserve fund. If actual revenues in any given year are less than budgeted revenues, the City Council may use the Contingency/Reserve Fund to make up the difference between budgeted revenues and actual revenues for the approved annual budget appropriation.6
F. PRIORITY FOR ADDITIONAL REVENUE
Priorities. The Committee shall verify that if the Contingency/Reserve Fund is fully funded and all annual planned expenditures have been implemented, that any additional unanticipated sales tax revenues shall be used first to accelerate the implementation of the expenditure plans and then to provide additional public safety facilities, personnel, and equipment and youth violence prevention and Parks and Community Services based upon the specific needs of the community with the review and recommendation of the Committee and approval of the City Council.

3.2 INFORM
A. SECOND INDEPENDENT VERIFICATION OF REVENUE AND EXPENSES At least twice a year, the Committee shall meet and review revenues and expenditures and provide a second independent verification that all expenditures are being made as promised to Watsonville residents.

B. TWICE A YEAR COUNCIL OVERSIGHT COMMITTEE REPORT AND COUNCIL REVIEW.

At least twice a year, the Committee shall report its findings to the City Council. The Committee findings presented to the Council, in public session, shall include the following:
(i) A statement indicating whether the City is in compliance with the requirements of the Public Safety Sales Tax Measure; and (ii) A summary of the Committee's proceedings and activities since the last report.

C. ANNUAL COUNCIL REVIEW OF INDEPENDENT AUDITORS REPORT The results of the fire facility and operational needs assessment required by WMC Section 3-6-1102(b) shall be reported to the Council at least annually.

5 WMC. Subdivision (e) of Section 3-6.1102.
6 WMC. Subdivision (g) of Section 3-6.1102.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
D. COMMUNICATIONS TO PUBLIC
The Committee shall inform the public concerning the City's expenditure of the Public Safety Sales Tax Measure revenues. In fulfilling this duty, all official communications to the public shall be presented to the Council by the Chair acting on behalf of the Committee. The Chair shall communicate on behalf of the Committee only if the communication reflects the majority of the Committee.

3.3. COUNCIL AND CITY MANAGER DUTIES
Either the Council or the City Manager shall have the following powers reserved, and the Committee shall have no jurisdiction over the following types of activities:
(a) Approval of contracts,
(b) Selection of personnel,
(c) Appropriation of funds,
(d) All legal matters, and
(e) Approval of plans and schedules.

3.4. LIMIT TO THE PUBLIC SAFETY SALES TAX MEASURE EXPENDITURES ONLY.

In recognition of the fact that the Committee is charged with overseeing the expenditure of the Public Safety Sales Tax Measure proceeds, the Council has not charged the Committee with responsibility for:
(a) Projects paid with or through the General Fund or grant funds or the sale of surplus property without Public Safety Sales Tax Measure funds shall not be within the authority of the Committee.
(b) The establishment of priorities and order of law enforcement, fire service, and parks and community services management decisions shall be made by the City Manager, Police Chief, Fire Chief, Parks and Community Services Director, and Council in their sole discretion. (c) The selection of professional service firms, including those selected to work on projects using Public Safety Sales Tax measure funds, as are based on City criteria established by the Council in its sole discretion.
(d) Providing direction to City staff, including those working on projects financed in whole or in party by Public Safety Sales Tax measure funds.
(e) The selection of independent audit firm(s), and such other persons as are necessary to support the activities of the Committee.
(f) The approval of an annual budget for the Committee that is sufficient to carry out the activities set forth in the Public Safety Sales Tax Measure.
(g) The appointment or reappointment of qualified applicants to serve on the Committee.

SECTION 4. AUTHORIZED ACTIVITIES.

In order to perform the duties set forth in Section 3 of these Bylaws, the Committee may engage in the following authorized activities:
(a) Receive and review copies of the City's annual independent performance audit and the Comprehensive Annual Financial Report, the City Budget, periodic financial statements furnished to the Committee and the Public Safety Sales Tax Measure Revenue annual independent financial audit.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
(b) Inspect City public records for which the Public Safety Sales Tax Measure revenue has been or will be expended, in accordance with any lawful access procedure established by the City Manager.
(c) Review efforts by the City to maximize effective use of The Public Safety Sales Tax Measure revenue proceeds by implementing various cost-saving measures.

SECTION 5. MEMBERSHIP.

5.1 NUMBER.

The Committee shall consist of a minimum of five or seven (5 or 7) members appointed by the Mayor.

5.2 QUALIFICATION STANDARDS.
(a) A member must be at least 16 years of age.
(b) The Committee may not include any elected or appointed official of the City or any vendor, contractor or consultant of the City.
(c) No current employee of the City may serve on the Committee.

5.3 ETHICS CONFLICT OF INTEREST.

Members of the Committee are not subject to Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.) and are not required to complete the Form 700.

However, each membershall comply with the Committee Ethics Policy attached as "Exhibit “A” to these Bylaws.

5.4 TERM.

Except as otherwise provided herein, each member shall serve a term of four (4) years, commencing on the date of appointment by the Mayor. No member may serve more than two (2) consecutive four-year terms measure from the date of their appointment7.

Members whose term has expired may continue to serve on the Committee for a period not exceeding 180 days until a successor has been appointed.

5.5 REMOVAL; VACANCY.

The Mayor may remove any Committee member for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Committee Ethics Policy. Upon a member's removal, their seat shall be declared vacant. The Mayor shall fill any vacancies on the Committee. Vacancies shall be filled within 180 days.

5.7 COMPENSATION.

The Committee members shall not be compensated for their services.

5.8 AUTHORITY OF MEMBERS.
(a) Committee members shall not have the authority to direct City staff.

7 At the Committee's first meeting after adoption of the original by-laws members drew lots to select a minimum of six members to serve for an initial two (2) year term and the remaining members for an initial three (3) year term so that the terms of all members would not expire at the same time.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
(b) Individual members of the Committee retain the right to address the Council, either identifying as a member of the Committee or as an individual. (c) The Committee and its members shall have the right to request and receive copies of reports and records relating to the Public Safety Sales Tax Measure that have been prepared for the Council.

SECTION 6. MEETINGS OF THE COMMITTEE.

6.1 REGULAR MEETINGS.

The Committee is required to meet at least twice a year.

6.2 LOCATION.

All meetings shall be held within the City of Watsonville.

6.3 PROCEDURES.

All meetings shall be noticed and open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century and such additional procedural rules as the Committee may adopt. A majority of the Committee members shall constitute a quorum for the transaction of any business. The Committee shall not discuss items or subjects not on the agenda for the meeting.

SECTION7. CITY SUPPORT.

Administrative overhead for the Committee for accounting, payroll and human resources related to The Public Safety Sales Tax Measure shall not exceed two percent (2%) of annually budgeted revenues. The amount of the 2% cap on expenditures and the actual expenditures will be reported to the Committee. Subject to said restriction, the City shall provide to the Committee necessary technical and administrative assistance as follows:
(a) Preparation of and posting of public notices as required by the Brown Act, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the City Council;
(b) Provision of a meeting room, including any necessary audio/visual equipment; (c) Preparation and copies of any documentary meeting materials, such as agendas and reports; (d) Retention of all Committee records;
(e) Provision of public access to such records on an Internet website maintained by the City; and (f) Printing and mailing of any required reports.

City staff shall attend all Committee proceedings in order to report to the Committee on the status of projects financed by and expenditures of Public Safety Sales Tax Measure revenue. City staff shall annually present the report required by subdivision (b) of Section 3-6.1102 (Fiscal Accountability Protections) to the Committee before the Comprehensive Annual Financial Report and the audit is presented to the City Council in order to allow the Committee sufficient time before the Council meeting to review, question and comment.

SECTION 8. REPORTS.

In addition to the Annual Report required in Section 3.3, the Committee may report to the Council from time to time in order to advise the Council on the activities of the Committee. The Council may ask the Committee for a report of Committee activities.

Second Amended Public Safety Sales Tax Measure Oversight Committee Bylaws 4886-8694-6666 v1
SECTION 9. OFFICERS.

The Mayor shall appoint the initial chair and vice-chair of the Committee. Thereafter the Committee shall annually elect the chair and vice chair in a meeting. The vice-chair shall act as chair only when the chair is absent. No person shall serve as chair or vice chair for more than two consecutive one-year terms.

SECTION 10. AMENDMENT OF BYLAWS.

Any amendment to these Bylaws shall require approval by a majority vote of the Council.

SECTION 11. EXPIRATION.

If the Public Safety Sales Tax Measure is rescinded by voters, the Committee shall terminate its work, publish its final report and disband as soon as practical.

Reso No. (CM)
Meeting Date: 061323 SWZ ______ RM ______
1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING THE CITY OF WATSONVILLE COMMUNITY INVESTMENT

TRANSACTIONS AND USE TAX MEASURE (MEASURE R) OVERSIGHT

COMMITTEE BYLAWS
WHEREAS, the voters in the City of Watsonville at the election conducted on November 8, 2022, enacted a Community Investment Transactions and Use Tax Measure (Measure R); and
WHEREAS, subdivision (b) of Section 3-6.1502 of the Watsonville Municipal Code codifying Measure R, obligates the City to establish a Revenue Oversight Committee to provide a second independent voice as to how the revenue generated by this tax is being used to address most prevalent community needs; and WHEREAS, providing the proposed City Revenue Measure Oversight Committee Bylaws clarify the role of the Measure R Oversight Committee.

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

1. Adopting a Resolution approving Measure R Bylaws 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 of the City of Watsonville hereby approves the Revenue Measure Oversight Committee Bylaws, attached hereto and incorporated herein.

3. That the City Clerk is hereby directed to transmit a copy of this resolution to the Measure R Committee.
********************************

REVISED

COMMUNITY INVESTMENT TRANSACTION AND USE SALES TAX MEASURE

OVERSIGHT COMMITTEE BYLAWS
(RESOLUTION NO.______________, ADOPTED JUNE 13, 2023)
4881-5066-5578 v1
Table of Contents
__________________________________________________________________________________ Section 1. Committee Established. .......................................................................................................2 Section 2. Purposes. ...............................................................................................................................2 Section 3. Committee Duties..................................................................................................................2

3.1 Examine................................................................................................................................ 2

3.2 Inform ................................................................................................................................... 3

3.3. Council and City Manager Duties .............................................................................. 3

3.4. Limit to the Public Safety Sales Tax Measure Expenditures Only................ 3 Section 4. Authorized Activities. ...........................................................................................................4 Section 5. Membership...........................................................................................................................4

5.1 Number................................................................................................................................. 4

5.2 Qualification Standards.................................................................................................. 4

5.3 Ethics Conflict of Interest. ............................................................................................. 4

5.4 Term. ..................................................................................................................................... 4

5.5 Removal; Vacancy............................................................................................................. 5

5.7 Compensation. ................................................................................................................... 5

5.8 Authority of Members..................................................................................................... 5 Section 6. Meetings of the Committee...................................................................................................5

6.1 Regular Meetings. ............................................................................................................. 5

6.2 Location................................................................................................................................ 5

6.3 Procedures. ......................................................................................................................... 5 Section 7. City Support...........................................................................................................................5 Section 8. Reports. .................................................................................................................................6 Section 9. Officers..................................................................................................................................6 Section 10. Amendment of Bylaws.......................................................................................................6 Section 11. Expiration............................................................................................................................6 ~o0o~

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1
SECTION 1. COMMITTEE ESTABLISHED.

In November 2022, the Watsonville voters enacted Measure R, the Community Investment Transactions and Use Tax. Measure R is a half-cent sales tax on most goods sold within Watsonville. Although a general tax, the City has committed to voters that revenues from Measure R will be used to support investment in the community, such as repair and expansion of aging parks, playgrounds and trails; creating safe places for kids; maintaining after-school and gang prevention programs; fixing potholes and maintaining streets; expanding library access and services for seniors; creating employment opportunities; investing in community partners; and for and general government use.

The measure has been codified in the Watsonville Municipal Code (“WMC”) at Chapter 3 (Taxation), Article 15 (Community Investment Transactions and Use Tax Measure). WMC Section 3-6.1502 provides that the City Revenue Measure Oversight Committee (“Committee”) will serve in an advisory capacity to, at least biannually, review revenues and expenditures, and provide a second, independent verification that expenditures are being made as promised to Watsonville residents. These bylaws govern that committee.

SECTION 2. PURPOSES.

The purposes of the Committee are set forth in WMC Chapter 3, Article 15, Section 3-6.1502.

Community Investment Transactions and Use Tax Measure. The Committee shall be subject to the Ralph M.

Brown Public Meetings Act of the State of California (California Government Code § 54950 et seq.), meaning that all meetings of the committee will be open to the public, include advance notice of the meeting, adhere to a published agenda, and allow for public comment on all items on the agenda and within the subject matter jurisdiction of the Committee.

The City shall provide necessary administrative support to the Committee.

The proceeds of the Community Investment Transactions and Use Tax Measure are hereinafter referred to as "Tax Measure Revenue."
SECTION3. COMMITTEE DUTIES.

To carry out its stated purposes, the Committee shall perform the duties set forth in Section 3.1 and 3.2 and refrain from those activities set forth in Sections 3.4 and 3.5 of these Bylaws.

3.1 EXAMINE
A. DETERMINE COMMUNITY PRIORITIES.

The City will commission an independent third party to conduct a community needs assessment survey at least once every decade, no later than two years after the final decennial census data is available. The first assessment should be conducted by July 2032, paid for by the measure.

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1
The Committee will receive the results of the needs assessment so that the Committee may determine whether expenditures of Measure R funds are consistent with those identified needs.

B. CONTINGENCY RESERVE FUND
Any funds in excess of those required for expenditure plans shall be kept in a contingency reserve fund.

C. PRIORITY FOR ADDITIONAL REVENUE
If the Contingency/Reserve Fund is fully funded and all annual planned expenditures have been implemented, any additional unanticipated sales tax revenues shall be used first to accelerate the implementation of the expenditure plans and then to provide additional services consistent with the priorities stated above.

3.2 INFORM
A. BIANNUAL COMMITTEE REPORT AND COUNCIL REVIEW.

At least twice a year, the Committee shall report its findings to the City Council . The Committee findings presented to the Council, in public session, shall include the following:
(i) A statement indicating whether the City is in compliance with the requirements of the Tax Measure; and
(ii) A summary of the Committee's proceedings and activities since the last report.

B. COMMUNICATIONS TO PUBLIC
The Committee shall inform the public concerning the City's expenditure of the Tax Measure revenues. In fulfilling this duty, all official communications to the public shall be presented to the Council by the Chair acting on behalf of the Committee. The Chair shall communicate on behalf of the Committee only if the communication reflects the majority of the Committee.

3.3. COUNCIL AND CITY MANAGER DUTIES
Either the Council or the City Manager shall have the following powers reserved, and the Committee shall have no jurisdiction over the following types of activities:
(a) Approval of contracts,
(b) Selection of personnel,
(c) Appropriation of funds,
(d) All legal matters, and
(e) Approval of plans and schedules.

3.4. LIMIT TO THE TAX MEASURE EXPENDITURES ONLY.

In recognition of the fact that the Committee is charged with overseeing the expenditure of Measure R proceeds, the Council has not charged the Committee with responsibility for:
(a) Projects paid with or through the General Fund or grant funds or the sale of surplus property without Measure R funds;

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1
(b) The establishment of priorities and order of management decisions; these decisions shall be made by the City Manager and Council at their sole discretion.
(c) The selection of professional service firms, including those selected to work on projects using Measure R funds.
(d) Providing direction to City staff, including those working on Measure R projects or staffing the Committee.

The appointment or reappointment of applicants to serve on the Committee.

SECTION 4. AUTHORIZED ACTIVITIES.

In order to perform the duties set forth in Section 3 of these Bylaws, the Committee may engage in the following authorized activities:
(a) Inspect City public records for which the Tax Measure revenue has been or will be expended, in accordance with any lawful access procedure established by the City Manager. (b) Review efforts by the City to maximize effective use of the Tax Measure revenue proceeds by implementing various cost-saving measures.

SECTION 5. MEMBERSHIP.

5.1 NUMBER.

The Committee shall consist of a minimum of five or seven (5 or 7) members appointed by the Mayor.

5.2 QUALIFICATION STANDARDS.
(a) A member must be at least 16 years of age.
(b) The Committee may not include any elected or appointed official of the City or any vendor, contractor or consultant of the City.
(c) No current employee of the City may serve on the Committee.

5.3 ETHICS CONFLICT OF INTEREST.

Members of the Committee are not subject to Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.) and are not required to complete the Form 700.

However, each membershall comply with the Committee Ethics Policy attached as "Exhibit “A” to these Bylaws.

5.4 TERM.

Except as otherwise provided herein, each member shall serve a term of four (4) years, commencing on the date of appointment by the Mayor. No member may serve more than two (2) consecutive four-year terms measure from the date of their appointment.

Members whose term has expired may continue to serve on the Committee for a period not exceeding 180 days until a successor has been appointed.

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1

5.5 REMOVAL; VACANCY.

The Mayor may remove any Committee member for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Committee Ethics Policy. Upon a member's removal, their seat shall be declared vacant. The Mayor shall fill any vacancies on the Committee. Vacancies shall be filled within 180 days.

5.7 COMPENSATION.

The Committee members shall not be compensated for their services.

5.8 AUTHORITY OF MEMBERS.
(a) Committee members shall not have the authority to direct City staff. (b) Individual members of the Committee retain the right to address the Council, either identifying as a member of the Committee or as an individual. (c) The Committee and its members shall have the right to request and receive copies of reports and records relating to the Tax Measure that have been prepared for the Council .

SECTION 6. MEETINGS OF THE COMMITTEE.

6.1 REGULAR MEETINGS.

The Committee is required to meet at least twice a year.

6.2 LOCATION.

All meetings shall be held within the City of Watsonville.

6.3 PROCEDURES.

All meetings shall be noticed and open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century and such additional procedural rules as the Committee may adopt. A majority of the Committee members shall constitute a quorum for the transaction of any business. The Committee shall not discuss items or subjects not on the agenda for the meeting.

SECTION7. CITY SUPPORT.

The City shall provide to the Committee with necessary technical and administrative assistance as follows:
(a) Preparation of and posting of public notices as required by the Brown Act, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the City Council;
(b) Provision of a meeting room, including any necessary audio/visual equipment; (c) Preparation and copies of any documentary meeting materials, such as agendas and reports; (d) Retention of all Committee records;
(e) Provision of public access to such records on an Internet website maintained by the City; and (f) Printing and mailing of any required reports.

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1
City staff shall attend all Committee proceedings in order to report to the Committee on the status of projects financed by and expenditures of Tax Measure revenue. City staff shall annually present the report required by subdivision (b) of Section 3-6.1102 (Fiscal Accountability Protections) to the Committee before the Comprehensive Annual Financial Report and the audit is presented to the City Council in order to allow the Committee sufficient time before the Council meeting to review, question and comment.

SECTION 8. REPORTS.

In addition to the Annual Report required in Section 3.3, the Committee may report to the Council from time to time in order to advise the Council on the activities of the Committee. The Council may ask the Committee for a report of Committee activities.

SECTION 9. OFFICERS.

The Mayor shall appoint the initial chair and vice-chair of the Committee. Thereafter the Committee shall annually elect the chair and vice chair in a meeting. The vice-chair shall act as chair only when the chair is absent. No person shall serve as chair or vice chair for more than two consecutive one-year terms.

SECTION 10. AMENDMENT OF BYLAWS.

Any amendment to these Bylaws shall require approval by a majority vote of the Council.

SECTION 11. EXPIRATION.

If the Tax Measure is rescinded by voters, the Committee shall terminate its work, publish its final report and disband as soon as practical.

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1
CITIZENS’ OVERSIGHT COMMITTEE ETHICS

POLICY STATEMENT
This Ethics Policy Statement provides general guidelines for Committee members to follow in carrying out their roles. Not all ethical issues that Committee members face are covered in this Statement.

However, this Statement captures some of the critical areas that help define ethical and professional conduct for Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy.

POLICY

CONFLICT OF INTEREST
A Committee member shall participate in or attempt to influence a City decision related to:
(1) any contract funded by Revenue R proceeds; or (2) any decision that will benefit the Committee member's outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent.

OUTSIDE EMPLOYMENT
A Committee member shall not attempt to or use his or her authority over a particular matter to negotiate future employment with any person or organization that relates to any contract funded by Measure R revenues . A Committee member shall not attempt to or influence or participate in a City decision related to any contract involving the interest of a person with whom the member has an agreement concerning current or future employment, or remuneration of any kind. For a period of two (2) years after leaving the Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the City that, as a committee member, he or she participated in personally and substantially. Specifically, for a period of two (2) years after leaving the Committee, a former Committee member and the companies and businesses for which the member works shall be prohibited from contracting with the City with respect to bidding on contracts funded by Measure R revenues.

COMMITMENT TO UPHOLD LAW
A Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California and all other applicable government entities, and the policies, procedures, rules and regulations of the City.

Community Investment Transaction and Use Tax Measure Oversight Committee Bylaws 4881-5066-5578 v1

COMMITMENT TO CITY
As pertaining to Measure R and services on the Committee, a Committee member shall place the interests of the City above any personal or business interest of the member.

Tax Revenue
Oversight
Committees
Public Safety Sales Tax
Community Investment Transaction
and Use Sales Tax Measure

PUBLIC SAFETY

SALES TAX

MEASURE
• 2014 First bylaws
- The community
approved Measure G
- Oversight committee
was established
• 2017 – Bylaws were amended
(reduced number of members
13 to 11)
• This is the Second Amendment
of the Public Safety Sales Tax
Measure

ROLE OF THE COMMITTEE
The duties of the Committee include:
• Review periodic expenditure reports to ensure
Measure revenues were expended only for the public
service purposes set forth in the measure.
• Verify the Measure Y annual budget appropriation.
• Review report of the independent auditor that
contains information of how the money was used.
• Verify that the City uses the Measure funds to
replace General Fund operating budget.
• Ensure that adequate contingency/ reserve fund is
established to be used in case the sale tax revenue
declines to ensure the services are maintained.

AMENDMENTS

TO PUBLIC

SAFETY BYLAWS
The role and expectations of the
committee is established by
Ordinance
• Bylaws have been edited to
clean up language and ease
understanding
• Membership reduced from 11 to
7 • Adding language not allowing
employees to serve

RECOMMENDATION
• Adopt a Resolution to Amend
Measure Y Oversight Committee
Bylaws (Public Safety Tax
Measure)

MEASURE R
Community Investment Transaction
And Use Sales Tax Measure

WHAT IS MEASURE R
The community investment transactions and use
tax measure will provide a secure, local revenue
stream to the City of Watsonville that will be used
for general fund purposes to support investment
in our community such as: repairing and expanding
aging parks, playgrounds and trails; create safe
places for kids; maintain after-school and gang
prevention programs; fix potholes and maintain
streets; expand library access and services for
seniors; create employment opportunities; invest
in community partners; and general government
use. Detailed expenditure plans shall be developed
to explain how the funds will be spent if one-half of
one (0.50%) percent sales tax is approved by
voters.

Community
Investment
• 2022 Voters approved
Community Investment
Tax Revenue Measure
• Ordinance calls of an
oversight committee
• Adopting the Bylaws to
govern the operation of
this new citizen's oversight
committee

ROLE OF

OVERSIGHT
• The purposes of the Committee are set forth in Article 15 of the Watsonville Municipal Code.
• Community needs assessment survey at least once every decade.
• This survey shall be used to update the short-term and longterm investment of the revenue generated by these transactions and use tax measures in a way that is consistent with current community needs.
• The first assessment should be conducted by no later than July 2032, and shall be paid for by the measure.
• Committee shall serve in an oversight capacity to at least biannually review revenues and expenditures and provide second independent verification that all expenditures are being made as promised to Watsonville residents.
• The findings of both the Revenue Measure Oversight
Committee shall be reviewed by the City Council at a publicly noticed meeting of the Council and made available to the public.

BYLAWS
• Purpose of Committee
• Duties
• Reports
• Oversight and engagement
• Membership
• 5 to 7 members
• Members must be 16 or
older
• Watsonville residents
• Not a City Employee
• 4-year term (able to serve
two terms)
• City Support
• Officers Page 646 of 705

RECOMMENDATION
• Adopt a Resolution to Adopt
Measure R Oversight Committee
Bylaws (Community Investment
Tax Measure)

6/8/2023 1:25:43 PM
C:\Program Files\eSCRIBE\TEMP\13254089840\13254089840,,,Report - Military Equipment Use.docx Agenda Report
MEETING DATE: Tuesday, June 13, 2023
TO: City Council
FROM: POLICE CHIEF ZAMORA

ASSISTANT CHIEF SIMS
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVAL OF THE ANNUAL MILITARY EQUIPMENT REPORT, RENEWAL OF ORDINANCE 4-13 AND WATSONVILLE POLICE

DEPARTMENT MILITARY EQUIPMENT USE POLICY
RECOMMENDED ACTION:

Adopt a resolution renewing Chapter 4-13 of the Watsonville Municipal Code, Watsonville Military Equipment Use Policy 708, and finding that the Annual Military Equipment Report complies with the standard of approval set forth in Government Code Section 7071(d).

BACKGROUND:

Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has now defined as “military equipment” in Government Code §7070. The Watsonville Police Department Military Equipment Use Policy and Equipment list was approved by Council on June 14, 2022.

Government Code §7071(e)(1) states that the governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (e)(2), vote on whether to renew the ordinance at a regular meeting.

Paragraph (e)(2) of Government Code §7071 states that the governing body shall determine, based on the annual military equipment report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d) of §7071, which reads as follows:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

6/8/2023 1:25:43 PM
C:\Program Files\eSCRIBE\TEMP\13254089840\13254089840,,,Report - Military Equipment Use.docx (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Government Code §7072 requires that any law enforcement agency that receives approval for a military equipment use policy pursuant to §7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

A copy of the annual military equipment report is attached hereto as Attachment 1.

6/8/2023 1:25:43 PM
C:\Program Files\eSCRIBE\TEMP\13254089840\13254089840,,,Report - Military Equipment Use.docx DISCUSSION:

The proposed ordinance and Military Equipment Use Policy were brought to Council for approval on April 26, 2022. The ordinance and policy were approved by a vote of six in favor and one opposed. On May 10, 2022, the ordinance and policy were brought back to Council for passage. During this meeting, the Council postponed passage of the ordinance and policy. On June 14, 2022, the City Council unanimously passed the ordinance and approved the policy.

On April 6, 2023, and April 25, 2023, the WPD publicized the date and location of the Community Engagement Meeting set for May 2, 2023, through social media platforms.

On April 25, 2023, the WPD posted the 2022 Annual Military Equipment Report to their website and publicized the release.

The Annual Report is meant to provide yearly information about each type of military equipment that was approved by Council. The report contains a summary of how it was used, any complaints or concerns received and any associated costs related to their use. For this reporting period, the equipment was only utilized for training purposes and all costs were within budget allocations. The report is only asking for resupply of used equipment and for upcoming anticipated trainings.

On May 2, 2023, the WPD held a well-publicized community meeting in the Civic Plaza Community Room to discuss AB 481 and the Annual Report. No one attended the meeting.

The June 13, 2023 Council Meeting will serve as another opportunity for community members to provide comment on the Annual Report.

State law requires the City review and renew its ordinance and policy on an annual basis.

Staff is suggesting no changes to the ordinance or policy.

STRATEGIC PLAN:
6-Public Safety
FINANCIAL IMPACT:

There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of existing equipment is within the Department’s budget.

There will be staff time associated with compliance, annual review, reporting and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.

6/8/2023 1:25:43 PM
C:\Program Files\eSCRIBE\TEMP\13254089840\13254089840,,,Report - Military Equipment Use.docx ALTERNATIVE ACTION:

Council could make changes to the Military Equipment Use Policy and/or ordinance or If Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards for approval set forth in subdivision (d) of Section 7071, Council can either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

ATTACHMENTS AND/OR REFERENCES (If any):

1. WPD Annual Military Equipment Report for calendar year 2022 (June - December)

2. City Ordinance Chapter 4-13

3. WPD Military Equipment Use Policy and Inventory List

4. Text of California Assembly Bill 481 (AB 481)

Watsonville Police Department
Military Equipment – Annual Report
June 1, 2022 – December 31, 2022

1. Section 1 – Unmanned, remotely piloted, ground vehicle a. Throwbot XT
(1) A summary of how the military equipment was used and the purpose of its use. Not used
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. One (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

2. Section 10 – Specialized Firearms and Ammunition
a. Department Issued Colt LE6920 Carbine Rifle
(1) A summary of how the military equipment was used and the purpose of its use. Annual patrol rifle qualifications and trainings on 11/16/22, 11/30/22, and 12/1/22. No other uses during this period. (2) A summary of any complaints or concerns received concerning the military equipment. None during this period
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None during this period
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

Attachment 1

61 Officers (including instructors) qualified. Rifle qualifications take approximately 1 hour @ avg $65/hr = $4,030.00. Source funds come from General Fund and Measure Y.
23,000 practice rounds were purchased in 2022 for a total cost of $10,120. Source funds came from Specialized Department Equipment Budget.

Annual inspections of the rifle, approximately 1 hour per rifle, total of 17 hours @ $71/ hour = $1,207. General Fund
(5) The quantity possessed for each type of military equipment. 17 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None planned for the next year.

3. Section 10 – Specialized Firearms and Ammunition
a. Spartan Precision Bolt Action Rifle .308 cal.
(1) A summary of how the military equipment was used and the purpose of its use. Four training exercises involving four SRT Sniper officers. 7/27/22, 8/24/22, 9/24/22, 10/27/22
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. Each Training Exercise is approximately 10 hours x 4 officers / 1 instructor x avg $65/hr = $13,000. Source funds come from General Fund and Measure Y. (5) The quantity possessed for each type of military equipment. 4 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

4. Section 10 – Specialized Firearms and Ammunition
a. Daniel Defense V3 Semi-Auto Rifle .308 cal.
(1) A summary of how the military equipment was used and the purpose of its use. No use during this period
(2) A summary of any complaints or concerns received concerning the military equipment. None Attachment 1

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. None for this rating period.
(5) The quantity possessed for each type of military equipment. 1 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

5. Section 10 – Specialized Firearms and Ammunition
a. Hornady .308 168gr AMAX TAP 20 250
(1) A summary of how the military equipment was used and the purpose of its use. Four training exercises involving four officers included in #3.

Approximately 600 rounds were used during these training exercises. (2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. See #3 for Training cost. Yearly re-supply of ammunition. Source funds come from Specialized Department Equipment Budget.
(5) The quantity possessed for each type of military equipment.

Approximately 1200 rounds are currently in inventory.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Requested purchase of 2000 rounds for 2023 @ $2000.00.

Source funds come from Specialized Department Equipment Budget *new sniper officers, sniper school required training.

6. Section 10 – Specialized Firearms and Ammunition
a. Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition Attachment 1

(1) A summary of how the military equipment was used and the purpose of its use. Approximately 50 rounds used during 1 training exercise, with 3 officers involved in the training. Included with #3.
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. See #3 for Training cost. No cost during this review period. Source funds come from Specialized Department Equipment Budget.
(5) The quantity possessed for each type of military equipment.

Approximately 300 rounds are currently in inventory.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Requested purchase of 500 rounds @ $1,750.00. Source funds come from Specialized Department Equipment Budget.
*new sniper officers, sniper school required training.

7. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles
a. Remington 870, pump action shotgun
(1) A summary of how the military equipment was used and the purpose of its use. Not used during this reporting period
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

None
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. Two Attachment 1

(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

8. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles
a. Combined Systems Technology Launching Cup
(1) A summary of how the military equipment was used and the purpose of its use. Not used
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

None
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. Two (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

9. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. BP2 NFDD (Non-Firing Distraction Device) Straight Delivery Pole with Clamp Head Delivery
(1) A summary of how the military equipment was used and the purpose of its use. Not used
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. One Attachment 1

(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

10. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. Defense Technology 11-gram, low roll II, non-reloadable distraction device (1) A summary of how the military equipment was used and the purpose of its use. 5 NFDD used during SWAT School for new team operator. Oct 3- 14, 2022.
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. Training for one officer x 5 hours x avg. $65/hr = $325. Source funds come from General Fund and Measure Y. Yearly resupply is approximately $1152 @ 24 x $48 each. Source funds come from Specialized Department Equipment Budget.
(5) The quantity possessed for each type of military equipment. 44 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Requested purchase of 24 NFDD @ $1,158.00. Source funds come from Specialized Department Equipment Budget.
*new SRT members. SWAT school required training.

11. Section 12 – Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
a. Combined Tactical Systems Buffeted Riot CS Smoke
(1) A summary of how the military equipment was used and the purpose of its use. None used
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be Attachment 1

provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. 19 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

12. Section 12 – Munitions containing tear gas or OC, excluding standard, service issued handheld pepper spray
a. Defense Technology Stinger CS Rubber Ball Grenade
(1) A summary of how the military equipment was used and the purpose of its use. Not used
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. None (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

13. Section 14 – Projectile Launch Platform and Munition a. Defense Technology 40MM Tactical Single Shot Launcher (1) A summary of how the military equipment was used and the purpose of its use. Used during department wide training on 12/14/22. 20 officers were trained and fired one live round each. No other uses during this rating period.
(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, Attachment 1

upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. Training Exercise is 2 hours x 22 officers (including instructors) x avg $65/hr = $2,860. Source funds come from General Fund and Measure Y.
(5) The quantity possessed for each type of military equipment. 25 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None

14. Section 14 – Projectile Launch Platform and Munition a. Defense Technology, Exact Impact 40 MM Standard Range Sponge Round (1) A summary of how the military equipment was used and the purpose of its use. 20 rounds were fired during training on 12/14/22. (2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. See #13 for training cost. No costs during this period. Source funds come from Specialized Department Equipment Budget.
(5) The quantity possessed for each type of military equipment. 151 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Requested purchase of 100 rounds for re-supply in 2023.

Approximately $2600, $26 each. Source funds come from Specialized Department Equipment Budget.
*Anticipated additional SRT training, department training.

15. Sections 12 / 14 – Munitions containing tear gas or OC, excluding standard, serviceissued handheld pepper spray. Projectile Launch Platforms a. Ferret 40 MM is filled with CS powder chemical agent (1) A summary of how the military equipment was used and the purpose of its use. Not used
Attachment 1

(2) A summary of any complaints or concerns received concerning the military equipment. None
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. No cost for this reporting period
(5) The quantity possessed for each type of military equipment. 15 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. None
Section Two: Qualifying Equipment to be procured by the Watsonville Police Department

1. The Watsonville Police Department is requesting approval to evaluate an unmanned, remotely piloted, powered aerial vehicle program (UAV). The program will be presented to Council at a separate meeting.

Attachment 1

Chapter 13

MILITARY EQUIPMENT USE
Sections:
4-13.01 Name of chapter.
4-13.02 Definitions.
4-13.03 Military equipment use policy requirement.
4-13.04 Use in exigent circumstances.
4-13.05 Reports on the use of military equipment.
4-13.01 Name of chapter.

This chapter shall be known as the military equipment use ordinance. (§ 1, Ord. 1434-22 (CM), eff. July 14, 2022)
4-13.02 Definitions.
(a) “Military equipment” includes all of the following (per California Government Code Section 7070):
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this chapter. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half (2 1/2) ton trucks, five (5) ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this chapter.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one (1) person, are specifically excluded from this chapter.

Attachment 2

(8) Firearms of 0.50 caliber or greater. However, standard issue shotguns are specifically excluded from this chapter.
(9) Ammunition of 0.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this chapter.
(10) Specialized firearms and ammunition of less than 0.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than 0.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the long range acoustic device (LRAD).
(14) The following projectile launch platforms and their associated munitions: forty (40) mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a State agency to require additional oversight.
(16) Notwithstanding subsections (a)(1) through (15) of this section, “military equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
(b) “City” shall mean any department, agency, bureau, and/or subordinate division of the City of Watsonville.
(c) “Police Department” shall mean any division, section, bureau, employee, volunteer and/or contractor of the Watsonville Police Department.
(d) “City Council” shall mean the governing body that is the Watsonville City Council. (e) “Military equipment use policy” shall mean a publicly released, written document that includes, at a minimum, all of the following:

Attachment 2

(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the State agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the State agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(f) “Exigent circumstances” shall mean a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
(g) “State agency” shall mean the law enforcement division of every State office, officer, department, division, bureau, board, and commission or other State body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (h) “Type” shall mean each item that shares the same manufacturer model number. (§ 1, Ord. 1434-22 (CM), eff. July 14, 2022)
4-13.03 Military equipment use policy requirement.

Attachment 2

(a) The Watsonville Police Department shall obtain approval of the City Council, by a resolution adopting a military equipment use policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to 10 U.S.C. Section 2576a. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, State, or Federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Watsonville. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this section. (b) No later than May 1, 2022, if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Watsonville Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a military equipment use policy submitted pursuant to this Code, within one hundred eighty (180) days of submission of the proposed military equipment use policy to City Council, the Watsonville Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Code. (c) In seeking the approval of City Council, the Watsonville Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the Police Department’s internet website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

Attachment 2

(d) The City Council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (e) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the Police Department for as long as the military equipment is available for use.
(f) The City Council shall review this chapter at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 commencing with Section 54950 of Part 1 of Division 2 of Title 5 of the California Government Code). (§ 1, Ord. 1434-22 (CM), eff. July 14, 2022)
4-13.04 Use in exigent circumstances.
(a) Notwithstanding the provisions of this chapter, the Police Department may acquire, borrow and/or use military equipment in exigent circumstances without following the requirements of this Code. (b) If the Police Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
(1) Provide written notice of that acquisition or use to the City Council within thirty (30) days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, State or Federal law.
(2) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment use policy to the City Council within ninety (90) days Attachment 2

following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
(3) Include the military equipment in the Police Department’s next annual military equipment report.
(§ 1, Ord. 1434-22 (CM), eff. July 14, 2022)
4-13.05 Reports on the use of military equipment.
(a) The Police Department shall submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one (1) year of approval, and annually thereafter for as long as the military equipment is available for use. (b) The Police Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. (c) The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (d) Within thirty (30) days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department shall hold at least one (1) well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions Attachment 2

regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
(e) The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Code and the military equipment use policy. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (§ 1, Ord. 1434-22 (CM), eff. July 14, 2022)
Attachment 2

Policy
708
Watsonville Police Department
Watsonville PD Policy Manual
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (California Government Code §§ 7070, 7071 & 7072). This is further required by Watsonville City Municipal Code Chapter 4-13.

The Watsonville Police Department (WPD) does not possess any tactical equipment that it has obtained from the military and has not acquired any equipment through military surplus programs such as the 1033 Program. Notwithstanding the foregoing, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing board for approval.

California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the WPD, or reasonably likely to be deployed in Watsonville by other law enforcement partners. 708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Department - The Watsonville Police Department
Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.

Attachment 3

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equipment - 2
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
• "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
708.2 POLICY
It is the policy of the Watsonville Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Division Captain to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Watsonville Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond promptly.

A complaint, concern, or question related to Military Equipment utilization by the Watsonville Police Department can be made:

Attachment 3

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equipment - 3

1. Via email to: [email protected]

2. Via phone call to: (831) 768-3399

3. Via mail sent to: Watsonville Police Department; Attn: Military Equipment Coordinator; 215 Union Street: Watsonville, CA 95076
708.4 APPROVAL

1. The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

2. The military equipment use policy, and any amendments thereto, shall be approved by the governing body in accordance with Chapter 12.8 of Division 7 of Title 1 of the Government Code, if the governing body determines all of the following (Government Code § 7071(d)(1)):
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Attachment 3

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equipment - 4
(d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

3. The military equipment use policy shall be reviewed and approved by the governing body at least annually through the adoption of a resolution. In the absence of such review and approval, the military equipment use policy shall expire one (1) year from the last approval date.

4. As part of the annual review, or from time to time as may be needed, the military equipment use policy may be amended through the adoption of a resolution by the governing body. 708.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Departmental policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in a law enforcement operation in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
708.6 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.8 MILITARY EQUIPMENT INVENTORY
The attached list is divided into two sections.

Section One - lists qualifying equipment that is owned and/or utilized by the Watsonville Police Department
Section Two - lists qualifying equipment that the Watsonville Police Department will be procuring, with anticipated dates of procurement.

Attachment 3

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equipment - 5
See attachment: Military Equip Inventory updated 04252023.pdf Attachment 3

Watsonville PD Policy Manual
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Attachments - 6
Attachments
Attachment 3

Attachment
Watsonville PD Policy Manual
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Watsonville Police Department Military Equip Inventory updated 04252023.pdf
- 7
Military Equip Inventory updated 04252023.pdf
Military Equip Inventory updated 04252023.pdf
Attachment 3

Military Equipment Inventory Attachment
_____________________________________________________________________________________ Section One – Lists qualifying equipment that is owned and/or utilized by the Watsonville Police Department.

1. Section 1 – Unmanned, remotely piloted, ground vehicle a. Description, quantity, capabilities, and purchase cost:

Throwbot XT. Cost: $15,000. Quantity: 1. The 1.2-Lb Micro-Robot provides both video and audio reconnaissance capabilities. The Throwbot XT is a throwable, mobile microrobot that provides both audio and video reconnaissance of dangerous environments. b. Purpose:

To quickly gain situational awareness during high-risk operations. To help locate armed subjects, confirm the presence of hostages or innocent civilians, and reveal the layout of rooms.
c. Authorized Use:

This device may be used when a subject is barricaded or hiding, when hostages are present, or when it would be unsafe for an officer to enter a structure to obtain tactical information.
d. Expected Lifespan:
10-15 years.
e. Fiscal Impact:

The only fiscal impact would be replacement or repair cost. WPD has had this device since 2017 and have no related costs.
f. Training:

All operators must complete user training. Operators must demonstrate the ability to operate it safely and effectively.
g. Legal and Procedural Rules:

It is the policy of this agency to utilize the Throwbot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Section 10 – Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:

The Department Issued Colt LE6920 Carbine is a Gas Operated Semi-Auto rifle.

Cost: $1,200 each. Quantity: 17. This rifle is chambered in 5.56 NATO (M4), with adjustable stock, featuring a monolithic upper receiver, 16” barrel, Surefire flash hider and Surefire sound suppressor. These rifles are standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per California Government Code §7070(c)(10). They have been included in this document in the interest of transparency.
b. Purpose:

Situations where the officer reasonably anticipates an armed encounter. When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range.

Attachment 3

Military Equipment Inventory Attachment
_____________________________________________________________________________________ c. Authorized Use:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
• When needed to euthanize an animal.
d. Expected Lifespan:
10 years
e. Fiscal Impact:

Yearly maintenance and repair cost averages $2000.
f. Training:

Officers must complete a CA POST certified 16-hour patrol rifle course and semi-annual department firearms training and qualifications as required by law and policy. WPD provides a 20-hour CA POST certified training.
g. Legal and Procedural Rules:

WPD Policy 300, 432

3. Section 10 – Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:

Spartan Precision Bolt Action Rifle .308 cal. Cost: $5,550.00 each. Quantity: 4. The rifle is a bolt-action .308 caliber rifle used by the Special Response Unit sniper team. b. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
d. Expected Lifespan:
15 years
e. Fiscal Impact:

Annual maintenance cost of approximately $100 per rifle. $400. f. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle by attending a 40-hour training course. Additionally, all members that operate this rifle are required to pass a range qualification four times each year.

Attachment 3