Capitola rejects Park Avenue rail trail plan, saying it violates Measure L city law

The Capitola City Council on Thursday rejected a contentious plan to build a section of Coastal Rail Trail beside Park Avenue, delivering a setback to the project after a two-month delay and multiple public meetings on the issue. 

The vote marks the first major test for a city law codified after Capitola residents passed Measure L in 2018, a ballot initiative aimed at keeping the city from detouring the trail off of the trestle bridge through Capitola and, separately, preserving the Capitola trestle for trail use.

The project involves building 0.7 miles of rail trail through the city of Capitola. That section of trail was originally planned for the coastal side of the rail corridor, roughly paralleling Park Avenue, but farther from the roadway. 

The Santa Cruz County Regional Transportation Commission (RTC) and county staff proposed to divert the trail onto Park Avenue and build a separated bike and walking path next to the road. They argued it would be less expensive than the original coastal alignment and would better connect Capitola Village and the Cliffwood Heights neighborhoods, avoid issues with properties that encroach onto the rail corridor and shift the trail farther away from the eroding coastal cliffside.

Capitola residents were divided on the plan, with opponents arguing that building the trail next to the roadway would be unsafe for cyclists, pedestrians, and drivers. They also believed that the plan would violate the city’s Measure L, which is now city law, because it proposed to divert the trail off the rail line and next to a city street. 

Councilmembers unanimously rejected the Park Avenue proposal Thursday, instead voting to accept an interpretation of city law that prohibits the construction of the rail trail on city property.

City staff offered the five-member city council four possible interpretations of the city law resulting from Measure L. Only one allowed for the Park Avenue option, arguing that the multi-use path would be considered a separate structure from the city street, as it would have a buffer area and curb between the roadway and the path. 

The interpretation of the law that the council ultimately voted for says the RTC and county can’t build a path or trail improvements on city property, but the city can perform its own bike and pedestrian improvements on city streets as the council sees fit.

While the vote was unanimous, Councilmember Melinda Orbach said she favored the interpretation of the law that would have allowed the Park Avenue option. Vice Mayor Alexander Pedersen also said that he believed both options had “significant merits.”

“I voted with the council because I do believe that we need to work together despite our differences,” said Orbach. “I’m deeply saddened by the Park Avenue alignment not going through, because I do believe that alignment is superior.”

Community division over the Park Avenue plan was on display at the packed Thursday special city council meeting during more than 90 minutes of public comment. 

Most commenters spoke out against the Park Avenue option, telling councilmembers that approving it would be breaking city law and acting against the interests of constituents and the spirit of Measure L — which was to keep the trail inside the rail corridor. Supporters of the Park Avenue plan told the meeting that the council’s decision was shortsighted and a missed opportunity to build a better trail.

“Measure L was passed by Capitola voters in 2018 and its language and intent are crystal clear. It’s not subject to interpretation any more than any other municipal code,” said Chris Amsden. “The county and the RTC are now asking us to violate our own municipal code to save them money. This is wrong, and we all know this.”

Daniel Castagnola, owner of Capitola Village’s Castagnola Deli & Cafe, reiterated the perceived safety issues that many others had raised in the days and weeks leading up to Thursday’s meeting, and said it’s “mind-boggling” that the Park Avenue option was even in discussion.

“The idea that we’re going to funnel more bicyclists and pedestrians through the middle of this slice of paradise that we have — I don’t even know how it got this far,” he said. “It’s kind of hard to imagine that we’re in a trade-off to jeopardize the soul of Capitola for the convenience of a big company, RTC.”

Tory Del Favero said, prior to the vote, that she was “perplexed and alarmed” that city officials could move forward with the project and that it would set a dangerous precedent.

“This is our democracy. Councilmembers who vote against Park Avenue are simply upholding their oath of office and following the municipal code,” she said.

Once the councilmembers voted against the Park Avenue trail option, commenters who supported the project shared their disappointment with the decision. Peggy Kenny, who lives in unincorporated Santa Cruz County, said it was the “most perfect possible illustration of why nothing gets built.”

“I would love to visit Capitola more than I do if I could get here safely on a bicycle, but you would prefer that I not,” she said. “I distinctly feel that you would prefer that I stay out of Capitola.”

Similarly, Kaki Rusmore said she believes the decision will eventually prove to be against the city’s best interest, as it could deter people living outside of the city from coming in.

“We come here to spend our money on the good things that happen in Capitola, and if we are not welcome, it will have an economic impact on Capitola,” she said. “I will try to come here, but I hate the traffic, and I was really looking forward to being able to walk across the city lines and come to a city that I love.”

Kitty Hansen raised familiar concerns about losing some of the state’s funding if it does not believe the county can reliably carry out projects, and said she was frustrated that councilmembers voted on the project despite feeling rushed.

“It wasn’t your fault, but why didn’t someone say, ‘Hey, we’re not prepared, let’s vote on this next week?’,” she asked. “We did not have to get pressured to make that decision. I feel very disappointed because I ride on Park Avenue and I would love to have seen that. I don’t know what you’re going to do but I think we have just lost about five or 10 years in this process.”

Now, county and RTC staff will have to move forward with the original coastal alignment, even though they say it will be more expensive and present more construction challenges. Staff had also warned that rejecting the Park Avenue plan could cause the RTC to decide to simply drop the entire 0.7-mile stretch of the trail through Capitola, and risked the loss of some state funding for the project.

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