Watsonville City Council
April 12, 2022

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(3) The names of all owners and, if a corporation, all officers. (c) Determination of a Complete Public Artwork Application.

Within thirty (30) calendar days after a Public Artwork Application has been received by the Planning Division, the Community Development Director shall determine whether the Public Artwork Application is responsive and complete. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the application’s deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the official fails to make a determination of completeness within thirty (30) calendar days and the applicant did not unreasonably withhold consent to written request for an extension of time, the Public Artwork Application is deemed complete. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter; nor does it relieve the applicant from submitting further required material required by the Parks and Community Services Director in advance of the public hearing at which the Parks and Recreation Commission will consider the application.
(d) Prior to Hearing and Review of the Application by the Parks and Recreation Commission, the applicant shall have submitted to the Planning Division, at least, the following or as, otherwise, instructed by the Community Development Director:
(1) A narrative proposal, with the artwork's budget and timeline.

Elevations, site plans, line of sight studies, renderings and other descriptive materials, as deemed necessary by the Parks and Community Services Department, shall be included to demonstrate that the artwork will be displayed

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in an area open and freely accessible to the general public. (2) Information provided by a conservator affiliated with the American Institute for Conservation (“AIC”) about the durability of the proposed materials, recommendations for future maintenance and estimated maintenance costs. In addition, the application shall include information on how the future maintenance costs will be allocated and identify the party responsible for ensuring that maintenance is performed; and,
(3) If applicable, an appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. Appraisals shall be conducted by an Accredited Member or Accredited Senior Appraiser of the American Society of Appraisers, or a member of another established national or international organization for appraisers
(e) Processing of Complete Public Artwork Application and Report.

Following the determination that a Public Artwork Application is complete, or the application is deemed complete under this Chapter, the Parks and Community Services Director shall cause to be filed the application, and prepare a report for the Public Art Advisory Committee, Parks and Recreation Commission, and/or City Council, as may be required, recommending approval, denial or continuance for redesign. The Parks and Community Services Director shall schedule the matter for public hearing and consideration of approval by the Parks and Recreation Commission or make a final decision within the time and in the manner required by this Chapter, California law, or by administrative guidelines.
(f) Official filing date.

The time for processing Public Artwork Applications or acting on such applications

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established by California law or by this Chapter shall commence on the date that the Public Artwork Application is determined or deemed complete. Material modifications of any Public Artwork Application by the applicant following the filing of the application and prior to the expiration of the period during which the City is required to take action shall extend the period for a like time following the Parks and Community Services determination that the modified application is complete and the application is refiled. (g) Re-application following denial.

Whenever a Public Artwork Application is denied for failure to meet the requirements of this Chapter or for reasons articulated by the Parks and Recreation Commission at the public hearing wherein the application was considered for approval; and such denial is not overturned by the City Council on appeal, the denied Public Artwork Application will not be reconsidered. Instead, the applicant shall submit anew a subsequent Public Artwork Application for a materially different proposal than the one denied. The subsequent Public Artwork Application will be processed in the manner set forth in this Chapter.
(h) Withdrawal of Public Artwork Application.

A Public Artwork Application may be withdrawn prior to action on the matter. Such withdrawal shall be submitted by the applicant, in writing, to the Park and Community Services Director. The applicant shall not be entitled to a refund of application fees upon withdrawal of a Public Artwork Application unless it is determined by the Parks and Community Services Director that only deminimus work by City Staff had been conducted on the application prior to the time it was withdrawn.
(i) Public Art Advisory Committee.

The City may establish and appoint members to a Public Art Advisory Committee

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that will review each application and make recommendations to the Parks & Recreation Commission. Such Committee, if so created by the City, shall include, to the extent feasible, a combination of professional artists, arts and design professionals, community representatives and City department representatives. If a Public Art Advisory Committee is established, then it will review Public Artwork Applications before they are presented for consideration by the Parks and Recreation Commission. However, the Parks and Recreation Commission may, in limited circumstances, elect to consider Public Art Applications that were not previously reviewed by the Public Art Advisory Committee. (j) Decision by Parks and Recreation Commission.

The Parks and Recreation Commission shall review completed and responsive applications; and may approve, approve with conditions, or deny the proposed artwork, and its proposed location; and in so evaluating the application for approval; the Parks and Recreation Commission may consider, among other things, the aesthetic quality and harmony with the proposed project, and the public accessibility of the artwork. Proposed artwork is subject to approval by the Parks and Recreation Commission. Decisions of the Parks and Recreation Commission to approve, approve with conditions, or deny applications may be appealed by any interested person pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of this Code. (k) Submitted Public Artwork Applications that are responsive and complete shall be evaluated on:
(1) Compliance with the general Watsonville Public Art Program requirements as outlined in this Chapter;
(2) Artistic quality;
(3) Conceptual compatibility of the design with the immediate

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environment for the site;
(4) Appropriateness of the design to the function of the site; (5) Creation of a desirable environment for the general community by the design and location of the artwork;
(6) Preservation and integration of natural features with the project; (7) Appropriateness of the materials, textures, colors, and design to the expression of the design concept;
(8) Effectiveness in conveying the artist's intention and underlying themes;
(9) Whether the artwork is representative of a broad variety of tastes within the community and makes a contribution to the provision of a balanced inventory of artworks commissioned through the Watsonville Public Art Program; (10) Permanence of structural and surface components including, but not limited to, the structural and surface soundness and inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs. (l) Disqualifying characteristics for artwork:
(1) Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original artwork or executed by the artist in unique or limited editions;
(2) Artwork that incorporates logos, images, text or other elements that relate directly to a specific business's or organization's branding or marketing themes;
(3) Art objects which are mass-produced and of standard design such as playground equipment or fountain pieces;

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(4) Reproduction of original artworks, except in cases where incorporated into an original artwork;
(5) Decorative or functional elements that are designed by the building architect as opposed to a qualified artist;
(6) Landscape design except where it is designed by a qualified artist and is an integral part of the artwork;
(7) Architectural rehabilitation, historic preservation and structural building modifications;
(8) Educational activities;
(9) Artwork containing obscene matter that lacks serious literary, artistic, political or scientific value.
(m) If the applicant proposes significant revision to the artwork that is the subject of an approved Public Artwork Application, a revised Public Artwork Application and Public Artwork Application fee shall be submitted to the Parks and Community Services Department for review and approval. The Parks and Recreation Commission shall make a determination whether to approve, approve with conditions or deny the requested revision. Decisions of Parks and Recreation Commission to approve, approve with conditions, or deny revised applications may be appealed by any interested person pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of this Code.

Sec. 8-20.080 Final City approval.

Notwithstanding Chapter 14-10 of this Code, City reserves the right to the fullest extent of the law to withhold approval of necessary permits, entitlements, and/or other development related requests, and/or may also refuse to issue a Certificate of

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Occupancy for any development project subject to this Chapter unless and until full compliance with the Watsonville Public Art Program is achieved as follows--if so required by this Chapter:
(a) In lieu art fees have been paid;
(b) Artwork that is the subject of an approved Public Artwork Application has been fabricated and placed on the project site in a manner consistent with the proposal approved by the Parks and Recreation Commission or City Council and inspected by Department staff;
(c) Donation of an approved artwork has been accepted by the Parks and Recreation Commission or City Council;
(d) A Cultural Facility has been incorporated into the applicant's development project;
(e) In cases where approved artwork is placed on private property or a Cultural Facility has been incorporated into the applicant's development project pursuant to this Chapter, all of the following must occur prior to final City approval or issuance of a Certificate of Occupancy for any project subject to this Chapter:
(1) A copy of the maintenance guidelines that include information on materials, parts and fabricator contact information has been submitted to the City;
(2) A covenant, complying with Section 8-20.110, Subsection C. and setting forth the applicant's obligations under the Watsonville Public Art Program, has been executed and recorded with the Santa Cruz County Recorder;
(3) A plaque has been installed adjacent to the artwork measuring

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no less than 8" x 8" or a proportionate size. The plaque shall be made of cast metal, stainless steel or other durable material and will be placed in an appropriate location near the artwork and shall include the date, title of artwork (if applicable), artist(s) or architect(s) (as applicable), and should indicate that the artwork, building's architecture or Cultural Facility was commissioned in conjunction with the Watsonville Public Art Program. Staff shall review and approve plaque text and layout prior to its fabrication and installation at the site.

Sec. 8-20.090 Cultural fund account.
(a) There is hereby created a fund to be known as the “Watsonville Cultural Fund” (hereinafter “Cultural Fund”) to account for fees paid pursuant to this Chapter and other funds received by the City as proceeds from the sale of real property acquired/purchased with Cultural Fund monies, pursuant to this Chapter.
(b) It is intended that funds in the Cultural Fund Account will be appropriated in the annual budget for the purposes described in this Chapter.

Sec. 8-20.100 Use of cultural fund account monies.
(a) Permissible expenditures from the Cultural Fund Account may include the following:
(1) For the design, acquisition, purchase, commission,
installation, placement, improvement, relocation, conservation, and insurance of artwork acquired by the City through the Watsonville Public Art Program;
(2) For preventative care, maintenance and utility charges related to the artwork and real property purchased pursuant to Section 8-

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20.090(A) above;
(3) To sponsor or support the performing arts;
(4) For the acquisition and improvement of real property for the purpose of displaying artwork or conducting performing arts activities, which has been or may be subsequently approved by the City; (5) For costs associated with administering the Watsonville Public Art Program and associated cultural programs, in an amount not to exceed twenty-five percent (25%) of the total fees deposited into the Cultural Fund pursuant to this Chapter during the fiscal year immediately preceding that appropriation, in any year subsequent to the initial fiscal year of the Watsonville Public Art Program; however, in the event the City Council determines that a special circumstance exists, the City Council may set a higher amount by a majority vote; and
(6) Other City-produced cultural or art education programs pursuant to the requirements of this Chapter.
(7) Structures that enable the display of artwork(s). - Artistic design and fabrication fees. Labor of assistants, materials and contracted services required for the production and installation of the work of art. Any required permit or certificate fees, business and legal costs directly related to the project. Dealer's fees, if necessary and where appropriate CAD, in concurrence with the National Endowment for the Arts (N.E.A.) recommendation that no more than 10% of the artist's fees be paid as a dealer/gallery commission. Transportation of the work of art to the site; (8) Preparation of site to receive artwork; and

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(9) Administrative fees/costs as follows: (i) Parks and Community Services Department's administration costs incurred in the process of administering the Public Art Program including staff time, direct costs and administrative overhead. (ii) Documentation, including photographic documentation, of the artwork's fabrication, installation, and plaques to identify the artwork.
(b) Cultural Fund Account monies may not be used for the following:
(1) Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions. (2) "Art objects" which are mass-produced of standard design such as playground equipment or fountains.
(3) Reproduction, by mechanical or other means, or original works of art, except in cases of film, video, photography; printmaking or other media arts. (4) Decorative or functional elements that are designed by the building architect as opposed to an artist commissioned for this purpose. (5) Landscape architecture and landscape gardening, except where these elements are designed by the artist and are an integral part of the artwork by the artist.
(c) If real property purchased with monies from the Cultural Fund is subsequently sold, the proceeds from the sale shall be returned to the Cultural Fund.

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Sec. 8-20.110 City’s acceptance of donated artwork.
(a) Persons, business entities, public agencies, or other organizations wishing to donate artwork to the City in furtherance of the Public Art Program shall submit an Artwork Donation Application to the Community Services Department and shall include the following information, at minimum:
(1) Artist biography and object provenance;
(2) Sketches, photographs, models, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork and installation and siting requirements;
(3) Acquisition and installation costs;
(4) An appraisal or other evidence of the value of the proposed artwork.

The value of the proposed artwork will be determined by an Accredited Member or Accredited Senior Appraiser of the American Society of Appraisers, or a member of another established national or international organization for appraisers;
(5) Information provided by an American Institute for Conservation ("AIC") affiliated conservator about the durability of the proposed materials, recommendations for future maintenance and estimated maintenance costs; and, (b) If applicable, a written agreement, in a form approved by the City Attorney, executed by or on behalf of the artist who created the artwork or the donor wherein the City is held harmless, protected, and indemnified by the donor for any and all liability arising out of its acceptance of the donated artwork as permitted by applicable law. B.

Review of application: The Parks and Community Services Department shall review the

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Artwork Donation Application and make a recommendation to the Parks and Recreation Commission, which shall have the authority to accept or reject or conditionally accept the donation. Decisions of the Parks and Recreation Commission related to Artwork Donation Applications may be appealed to the City Council by any interested person pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of this Code.
(c) All artwork donated to the City in fulfillment of the requirements of this Chapter shall become the property of the City upon acceptance by the Parks and Recreation Commission or City Council.

Sec. 8-20.120 De-accessioning of artwork.
(a) The City will allow the de-accessioning of artwork acquired or commissioned through the Watsonville Public Art Program only when it is in the public interest and serves to improve the quality of the overall Watsonville Public Art Program collection;
(b) De-accessioning should be considered only after five (5) years following the acceptance of artwork donated to the City or the installation of permanent art commissioned through the Watsonville Public Art Program, unless it is deemed a threat to public safety. The need for temporary removal from public display does not necessitate de-accession. In instances where the artwork considered for de-accession is on private property, the Parks and Recreation Commission shall make the final decision. When the artwork is installed on public property or is City-owned, the Parks and Community Services Department shall make a recommendation to the Parks and Recreation Commission, which will make the final decision. Decisions of the Parks and Recreation Commission related to de-accessioning may be appealed to the City Council

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pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of this Code.
(c) The City may elect to sell artwork that has been de-accessed; and shall deposit proceeds of the sale minus requisite payment to the artist under California Resale Royalties Act.
(d) De-accession may be considered and approved by the Parks and Recreation Commission for reasons related to and including, but not limited to, the following:
(1) The artwork is a threat to public safety, or the condition/security of the work cannot be guaranteed;
(2) The owner cannot properly care for the artwork, or the artwork requires an excessive or unreasonable amount of maintenance; (3) The artwork has serious or dangerous faults in design or workmanship, the condition of the artwork requires restoration costs in gross excess of its monetary value or is in such a deteriorated state that restoration is either unfeasible, impractical, or would render the artwork inappropriate; (4) A similar but superior example exists in the collection; (5) The artwork is a forgery;
(6) No suitable site for the artwork is available;
(7) A significant adverse reaction to the artwork is documented over five (5) years or more;
(8) The artwork is judged to have no aesthetic, historical or cultural value;
(9) The owner wishes to replace an artwork with a more appropriate

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work by the same artist;
(10) The artwork can be sold to finance, or can be traded for, an artwork of greater importance;
(11) A written request from the artist to remove the artwork from public display has been received and approved by the City;
(12) The artwork is not or is rarely displayed; and/or
(13) The artwork is incompatible with the rest of the collection.

Sec. 8-20.130 Ownership and maintenance of artwork.
(a) All artwork placed on the site of an applicant's project shall become the property of the property owner and his or her successor(s) in interest. Artwork cannot be sold or transferred other than to a subsequent successor in interest. The obligation to provide maintenance and security, as necessary to preserve the artwork in good condition, shall remain with the owner of the site.
(b) Maintenance of artwork, as used in this Section, shall include without limitation: preservation of the artwork and, where applicable, of the lighting and surrounding landscaping, in good condition to the satisfaction of the City; protection of the artwork against physical defacement, mutilation or alteration; and, securing and maintaining fire and extended insurance and vandalism coverage in an amount to be determined on a case-by-case basis by the City.
(c) Prior to placement of an approved artwork, the applicant and the owner of the site shall execute and record a covenant reflecting all the owners' obligations under this Chapter, in a form approved by the City.
(d) The covenant shall include a financial plan for the maintenance of the artwork, a schedule of future condition checks, preventative maintenance and restoration

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of the artwork necessary to conserve the artwork at an appropriate level, and should be created with input from the artist, the applicant, the Parks and Community Services Department, and an Art Consultant, if one was hired for the project. (e) Applicants are required to set-aside funds for future conservation and, where possible, in interest bearing accounts. Annual preventative maintenance costs setaside funds shall be equal to no less than five percent (5%) nor greater than fifteen percent (15%) of the total amount of the Watsonville Public Art Program allocation but shall be based on conservation reports prepared by a professional art conservator working with the artist and the artist's fabricator. Funds for maintenance are in addition to the Watsonville Public Art Program allocation.
(f) The City reserves the right to inspect the artwork at any time to ensure it is being maintained as required by any covenant entered into pursuant to the provisions of subsection C above.
(g) Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance. The City may pursue remedies to obtain compliance with the provisions of the Watsonville Public Art Program for maintenance of artwork, including subjecting the property owner to administrative citation and/or misdemeanor prosecution; placing conditions for maintenance of an artwork on the owner's future development project approvals; performing all necessary repairs, maintenance or securing insurance and placing a lien against the involved property for the costs associated with such.
(h) The artwork is to remain freely accessible, as previously defined, and may not otherwise be draped or obscured.

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(i) The siting of the artwork, including the surrounding landscaping or adjacent area, shall not be altered without approval from the City. The City reserves the right to implement measures necessary to preserve the design and placement of an artwork as approved by the Parks and Recreation Commission. (j) Unless an artwork poses imminent danger to life or property, no person or entity shall remove any artwork from the location for which it was selected, and anyone needing to do so shall obtain City approval prior to doing so. (k) The applicant, its successors, and its assigns, may not destroy, permanently remove, relocate, change, alter, modify, or allow to be defaced, any artwork or portion thereof without the express consent of the City. This requirement will be included in the covenant to be recorded against the property. (l) If any approved artwork placed on private property pursuant to this Chapter is removed without City approval, the artwork must be replaced with artwork of the same value as that of the removed artwork and be approved by the Parks and Recreation Commission, or the property owner must pay the value of the removed artwork into the Cultural Fund. If these requirements are not met within one-hundred eighty (180) days, then the Certificate of Occupancy shall be revoked or a lien placed against the involved property.

Sec. 8-20.140 Compliance.

Compliance with the provisions of this Chapter shall be demonstrated by the developer and/or owner at the time of filing the Building Permit application as follows: (a) payment of the full amount of the Public Art Program in-lieu contribution, or (b) written proof to the Building Department and the Parks and Community Services Department, Public Art Program of a contractual agreement to commission or purchase and to install

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the requested artwork on the development site. The developer and/or owner shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the Public Art Program in-lieu contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this Chapter. In the case of installation of public art on the development site, the developer and/or owner shall maintain said artwork in proper condition on an ongoing basis.

Sec. 8-20.150 Violations of this chapter.

In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any permit or permission granted to any developer and/or owner who violates the provisions of this Chapter 1 and Chapter 2 of the Watsonville Municipal Code.

Sec. 8-20.160 Appeal.

Decision of the Parks and Community Services Department or the Parks and Recreation Commission made pursuant to this Chapter may be appealed by any interested person pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of this Code.

Sec. 8-20.170 Reserved.

Sec. 8-20.180 Artwork on public property, performing arts and purchase of real property for public art.
(a) The Parks and Community Services Department shall prepare a plan for the Watsonville Public Art Program and update it annually through the budget approval process.
(b) The Parks and Community Services Department may recommend to the

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Parks and Recreation Commission the purchase of artwork to be displayed on public property, the maintenance of public art, recommend support for the performing arts, and the purchase and improvement of real property to be used for the display of artwork. A recommendation shall include the following information:
(1) The type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork; or
(2) The type of performance and amount recommended; or
(3) The estimated costs of acquisition and improvements of the real property proposed to be purchased.
(c) The Parks and Community Services Department is authorized to solicit and review performing arts grant applications and make a recommendation to the Parks and Recreation Commission up to the amount authorized in the City budget for the fiscal year for which the projects are being considered. (d) An expenditure from the Cultural Fund may be made for the performing arts provided the Parks and Recreation Commission approves the performing arts event and that the performance occurs at a location in the City, or location owned or controlled by the City, or at an alternative site which is located within close proximity to the corporate boundaries of the City and which has facilities for performing arts that complement or supplement those available within the City.

Sec. 8-20.190 Approval procedures for City public art projects.

All City-initiated public art projects shall follow the same approval requirements as development projects on private property, with the exception of the requirement to pay

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any in-lieu fees.

SECTION 2. RECITALS.

The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.

SECTION 3. REEVALUATION.

The provisions of this Ordinance should not be construed as placing a higher priority on public art than other development requirements or impact fees. This Ordinance may be reevaluated whenever new requirements or fees are considered so that the totality and allocation of all development requirements and fees are deemed reasonable and appropriate.

SECTION 4. SEVERABILITY.

The provisions of this Ordinance are severable, and if any section, subsection, sentence, clause, phrase, paragraph, provision, or part of this Ordinance, or the application of this Ordinance to any person, is for any reason held to be invalid, preempted by state or federal law, or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. If any provision of this Ordinance is held to be inapplicable, the provisions of this Ordinance shall nonetheless continue to apply with respect to all other covered development projects and developers and/or owners. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from its coverage.

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Prior to adopting this Ordinance, the City Council independently finds and

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determines that this action is exempt from CEQA (California Environmental Quality Act) pursuant to CEQA Guidelines sections 15060(c)(2), 15061(b)(3) (general rule), 15183 (projects consistent with a community plan, general plan, or zoning), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance.

SECTION 6. PUBLICATION.

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

SECTION 7. EFFECTIVE DATE.

This Ordinance shall be effective 60 days from the date of final passage by the City Council, but shall not apply (a) to building/construction related permits already issued and not yet expired; or (b) to zoning applications approved by the City and not yet expired; or (c) to zoning applications deemed complete by the City as of the date of final passage. However, zoning applications deemed complete by the City prior to the date of final passage of this Ordinance may be processed under provisions of these amendments if the developer and/or owner chooses to do so. ***********************************

WATSONVILLE PUBLIC

ART PROGRAM
“Percent for the Arts”
City of Watsonville
Parks and Community Service Department

Recommendation
That the Commission recommend the Council adopt a
new ordinance amending the Watsonville Municipal Code
by adding Chapter 20 Entitled “Public Art Program” to
Title 8.

Why Public Art?
Cities gain value through public art – cultural, social, and economic value.

Public art is a distinguishing part of our
public history and our evolving culture.

It reflects and reveals our society, adds
meaning to our cities and uniqueness to
our communities. Public art humanizes
the built environment and invigorates
public spaces. It provides an
intersection between past, present and
future, between disciplines, and
between ideas.
- Americans for the Arts

Why Public Art? (cont.)
Healthy, equitable communities are
places that create the conditions for all
people to reach their optimal well- being, such as access to safe neighborhoods, good jobs, homes, and
schools. Healthy, equitable
communities are places with strong
social cohesion. Place-based arts and
cultural strategies can uniquely
contribute to the formation of social
cohesion.
- Metris Arts Consulting, funded by the
University of Florida

Purpose
• Systems and Cultural Shifts
• From art for art’s sake to art as a vehicle to create community unity, engagement and well-being.
• Art as a driver for economic development
• From City government view of art as a nice to have, to a must have. • From access to art as a privilege for some, to access to art as a right for all.

Background
• 2004 – City Council adopted Mural Policy
• 2010 – Council and Redevelopment Agency (RDA) approved Public Art Guidelines and appropriated $50,000 to support public art. • 2011 – Council and RDA approved 2-year public art plan. • 2012 – RDA was dissolved, along with public art plan and funding. • 2019 – Parks and Community Services Department tasked with reviving City’s Public Art Program.

Background (cont.)
Phase Funding Source Location
Phase 1: Community
Initiated Public Art Projects
Not City funded. Funding
examples could include:
• private investment
• donations
• grant funding
No Fee:

Public Spaces, City Buildings
and Rights-of-Way
Fees Apply:

ONLY Privately owned
commercial spaces visible
from public spaces or rights of
way
Phase 2: City Initiated Public
Art Projects
Fully or Partially City Funded Public Spaces, City Buildings and Rights-of-Way

Percent for the Arts
• Phase 2 of the Public Art
Program
• Establishes guidelines for
the City’s procurement and
implementation of public
art
• Creates a funding
mechanism to support
these efforts

Proposed Ordinance
Establishes a City Ordinance for the
Watsonville Public Art Program (PAP)
to:
• Establish a Cultural Fund
• Create a development fee
• Define how Funds may be spent from
the Cultural Fund

Percent for the Arts Programs
• At least 48 Cities in California have adopted similar programs Jurisdiction Fee for Private Development Fee for Public Projects Santa Cruz
County No Fee
2% of total eligible County construction
costs
City of
Capitola 2% total building valuation or 1% in lieu
for construction over $250k
2% of total eligible City construction
costs
City of Santa
Cruz No Fee
2% of total eligible City construction
costs
City of
Salinas
No Fee 0.50% of total eligible City construction
costs, with a max of $50,000 per project.

Annual Max of $100,000 total.

City of
Watsonville

0.25% total building valuation for
construction over $500k and remodels
over $250k
No Fee

Program Allocation (“The Fee”)
• 0.25% of the total building permit construction valuation, excluding land acquisition costs , with a cap of $75,000 per project.
• Applies to:

Residential
• New residential
development
projects of 5+ units
All Other
• Commercial,
industrial, and
public building
development
projects, with a
building valuation of
$500,000 or more
Remodels
• Remodels with
valuation of
$250,000 or more

Program Allocation (“The Fee”)
• Does not apply to:
• Non-profit performing
arts and museum spaces
• Remodels for earthquake
rehabilitation

Program Allocation (“The Fee”)
• If the total allocation for a development project is less than $75,000, the applicant shall pay their Watsonville Public Art Program allocation into the Cultural Fund $
Pay the Watsonville
Public Art Program
allocation into the
Cultural Fund

Program Allocation (“The Fee”)
• If the allocation meets the cap of $75,000, the applicant shall either:
$
Pay the Watsonville
Public Art Program
allocation into the
Cultural Fund
Commission original
artwork for the
applicant's
development project
Donate artwork to
the City
Incorporate a
Cultural Facility into
the applicant's
development project

Use of the Cultural Fund
• For the design, acquisition, commission, installation of artwork by the City • For preventative care and maintenance artwork
• To sponsor or support the performing arts
• For the acquisition and improvement of property for displaying artwork or conducting performing arts activities
• For costs associated with administering the Watsonville Public Art Program • Other City-produced cultural programs

Process for Use of Funds
• Develop a “Public Arts Master Plan”
• Identify Community Needs and Funding for each possible use of funds • Developed through a community engagement process
• Approval for City projects by
• Community Advisory Committee/Artist Selection Panel, then • Parks and Rec Commission
• City Council (for appeals)
• Implementation of Arts Master Plan overseen by Parks and Rec Commission

Financial Impact
• 0.25% fee equates to a fee similar to some existing developer fees • Annual revenue is dependent on development that occurs within the City. • Estimated revenue if this fee were in place during calendar year 2021:
$341,500 Payments directly to the Cultural Fund from projects for which the Watsonville Public Art Program allocation would have been less than $75,000 would have been approximately $341,500.
$75,000 Public Art potentially on private property
$416,500 Total value of investment in the arts

Community Engagement
• September 13, 2021 – Stakeholder
Meeting
• September 30, 2021 – Community
Meeting
• January 2022 – Meetings with
interested developers
Technical support provided by the
Arts Council of Santa Cruz County

Commission Recommendations
• Planning Commission (Public Hearing - March 1, 2022 ) – Unanimously recommended Staff’s recommendation
• Parks and Recreation Commission (March 7, 2022) - Unanimously recommended Staff’s recommendation, with the recommendation of a

1.5% fee

Recommendation
That the Council adopt a new ordinance amending the
Watsonville Municipal Code by adding Chapter 20
Entitled “Public Art Program” to Title 8.

QUESTIONS?

Sample Residential Project
Valuation $8,250,723
Fire Impact Fee (RES) $48,000
Public Facilities Impact Fee $26,864
Affordable Housing Fee $335,328
Parks/Rec Impact Fee (RES) $270,000
City Wide Traffic Impact Fee (RES) $96,480
Carbon Fee 0
Impervious Area Fee $40,309
Groundwater Impact Fee $67,159
Storm Drain Fee $21,500
Underground In Lieu Fee $22,432
Sanitary Sewer Connection Fee $93,590
Water Connection Fee $121,865
Water Meter Fee $49,921
Address Assignment 0
Engineering, Inspection and Permit Fees $59,146
Total Permit/Impact Fees $1,252,594
Est Art Fee at 0.25% $20,627
Est Art fee at 1.5% $123,761 Page 461 of 613
Sample Commercial Project
Valuation $1,700,000
Fire Impact Fee (COM) $4,570
Public Facilities Impact Fee $4,570
Affordable Housing Fee $9,382
Parks/Rec Impact Fee (COM) $5,712
City Wide Traffic Impact Fee (COM) $37,146
Carbon Fee $0
Impervious Area Fee $5,141
Groundwater Impact Fee $0
Storm Drain Fee $2,856
Underground In Lieu Fee $14,256
Sanitary Sewer Connection Fee $54,913
Water Connection Fee $10,365
Water Meter Fee $44,548
Address Assignment $308
Engineering, Inspection and Permit Fees $636
Total Permit/Impact Fees $194,401
Est Art Fee at 0.25% $4,250
Est Art fee at 1.5% $25,500 Page 462 of 613
4/18/22, 12:13 PM City of Watsonville Mail - Percentage for the ARTS https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permthid=thread-f%3A1729950990196565489&simpl=msg-f%3A1729950990… 1/1 Irwin Ortiz <[email protected]>
Percentage for the ARTS
1 message
Jaime Sanchez <[email protected]> Tue, Apr 12, 2022 at 5:30 PM To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Greetings Watsonville City Council members.

I am writing to ask you to not only vote yes for a percentage for the arts program, but to pass a 1.5% of total cost for new construction projects to go to the arts in Watsonville.

I've had community members share that the past two years were a total learning loss for the students in their household.

They said they really didn't learn anything and this means that they are falling behind.

Art, dance, and murals are a part of our community, yet, compared to Santa Cruz, we have FAR LESS murals than they do. Why is this? Let's take this opportunity to pass this ordinance at 1.5% to make up for the years and years we have felled behind in the arts. In my opinion, we are at least 40 years behind where we should be in the arts.

By passing this 1.5% for the arts, builders will have to be committed to our community. If they are not committed then it shows their true intention. They have to be willing to invest in the community they expect to receive support from- this would be a balance reciprocity.

The seaside company is the last company to get away with building in our community without giving something in return.

Let's not let this happen again.

Let's start at 1.5%, Watsonville has been resourceful, and we are a perseverant community, let's reward the work that has been done.

Let it stand at 1.5% with a stipulation that it be revisited in 10years, this is a drop in the bucket compared to the long future ahead.

Don't do it for your self, do it for the wellness of the community.

Thank you.

Respectfully,
Jaime Sanchez
(831)288-4312










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4/7/2022 12:31:26 PM
C:\Program Files\eSCRIBE\TEMP\12312492191\12312492191,,,Report - Updates to Comply with SB 1383.docx Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
TAMI STOLZENTHALER, SR. ENVIRONMENTAL PROJECTS

ANALYST
SUBJECT: ADDING NEW CHAPTER 10 TO TITLE 6 AND ADDING
SECTIONS 6-3.803 AND 8-15.03 OF THE WATSONVILLE

MUNICIPAL CODE TO COMPLY WITH STATE-MANDATED

ORGANICS WASTE DISPOSAL REQUIREMENTS PER SENATE
BILL 1383
STATEMENT OF ISSUES:

The State’s adoption of the Short-Lived Climate Pollutants Reduction Strategy (SB1383) requires that the State reduce its organic waste disposal 50% by 2020 and 75% by 2025 as well as recover 20% of disposed edible food by 2025. The regulation will require the City to launch an organics collection service in addition to countless programmatic functions. One of the tasks is to adopt an enforceable ordinance.

RECOMMENDED ACTION:

It is recommended that the City Council introduce, for first reading by title only with a second reading on April 26, 2022, an Ordinance adding Chapter 10 (Mandatory Organic Waste Disposal Reduction) to Title 6 (Sanitation and Health) of the Watsonville Municipal Code for Organic Waste Disposal Reduction; adding section 6-3.803 Model Water Efficient Landscaping to Title 6; and section 8-15.03 Compliance with CalGreen Recycling Requirements to Title 8 (Building Regulations) to meet the state requirements of SB 1383.

DISCUSSION:

SB1383 was signed into law in 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB1383 is the most significant waste reduction mandate to be adopted by the State in the last 30 years and requires all jurisdictions to implement a mandatory organic recycling ordinance by January 1, 2022. This Legislation requires all businesses, residents, and multi-family complexes to have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials.

As a result of SB1383, the California Department of Resources Recycling and Recovery (CalRecycle) tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025.

4/7/2022 12:31:26 PM
C:\Program Files\eSCRIBE\TEMP\12312492191\12312492191,,,Report - Updates to Comply with SB 1383.docx The action before the City Council is to introduce three ordinances Chapter 6.10, Sections 6-

3.803 and 8-15.3 of the Watsonville City Municipal Code to comply with state-mandated organic waste disposal requirements.

To meet SB1383 and the regulations established by CalRecycle, the City will have to implement the following practices to be considered compliant:
• Provide organic waste recycling services to all residents and businesses; • Inspect and enforce compliance with SB1383 by adopting enforceable ordinances;
• Implement an edible food recovery program that recovers edible food from the waste stream for donation;
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations; • Procure recycled organic waste products like compost, mulch, and renewable natural gas;
• Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements; and
• Starting 2024, begin enforcement of these requirements.

On January 1, 2022, CalRecycle's regulations became enforceable, and required each jurisdiction to adopt a mandatory recycling ordinance. SB1383 allows cities to take an educational and non-punitive approach to enforcement for the first two years of the ordinance being in effect (up to December 2023). Taking an educational approach will allow staff to work with residents and businesses to inform them of the requirements.

While the City expects to gain compliance from residents and businesses, SB1383 regulations do provide CalRecycle with the ability to engage in enforcement actions of its own if the designated level of compliance is not met. These actions may include:
• Conducting more frequent inspections;
• Taking over direct enforcement on non-compliant businesses within the City; • Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or • Seek administrative penalties against the City of up to $10,000 per day.

The City is in a strong position to meet the requirements set forth in SB1383, and with the adoption of these ordinances, will be one step closer to becoming compliant. Staff has filed a Notice of Intent to Comply (NOIC) with CalRecycle which will waive state penalties for 2022.

The NOIC was approved by City Council on February 22, 2022 by Resolution No. 33-22 (CM).

SB 1383 requires the City to adopt an enforceable ordinance to compel businesses and residents to recycle their organic waste and to comply with other requirements of State Law.

4/7/2022 12:31:26 PM
C:\Program Files\eSCRIBE\TEMP\12312492191\12312492191,,,Report - Updates to Comply with SB 1383.docx In order to meet this requirement, the municipal code must be updated. The attached ordinances include the required provisions.

The City’s current regulations regarding garbage are intertwined with other Municipal Code items including those not directly related to the SB1383 Regulations. Given this, the complexity of the proposed ordinance, and pending deadlines for SB1383 compliance, staff felt it would be simplest to add a completely new chapter for Organics Waste Reduction rather than attempt to blend the proposed ordinance with the current language in the Municipal Code. The proposed ordinance contains language specifying that it prevails in the event of a potential conflict between the new and existing language. The “Water Efficient Landscaping” and “Construction Waste Diversion” directly relate to established code sections, therefore sections 6-3.803 and 8.15.03 are code section amendments.

CEQA
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c) (2) and 15060(c) (3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

STRATEGIC PLAN:

The project supports Strategic Plan Goal:
3 - Infrastructure & Environment
5 - Community Engagement & Well-Being
FINANCIAL IMPACT:

The capital cost for organics services collection was incorporated into the fees approved by the City Council on May 25, 2021, based on a formal rate study conducted by Raftelis. The City will incur additional administrative, record keeping, compliance review, and other costs associated with the implementation of this program at an undetermined scale and will, when necessary, seek budgetary appropriations in support of these efforts.

ALTERNATIVE ACTION:

No alternative actions are being recommended. The Ordinance and Municipal Code amendments have been prepared in consultation with the City Attorney’s Office in order to ensure it adheres to the requirements prescribed in the regulations.

ATTACHMENTS AND/OR REFERENCES:

None.

Ord No. (CM) 1
ri 4/7/2022 11:44:55 AM SWZ ______ TV ______ PWU ______ ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING TITLE 6 (SANITATION AND HEALTH) OF

THE WATSONVILLE MUNICIPAL CODE BY ADDING A NEW CHAPTER
10 ENTITLED MANDATORY ORGANIC WASTE DISPOSAL

REDUCTION TO COMPLY WITH STATE MANDATED ORGANIC WASTE

DISPOSAL REQUIREMENTS
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 2 TITLE 6 SANITATION AND HEALTH........................................................................... 3 CHAPTER 10 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ............ 3 Sec. 6-10.100 Intent and finding........................................................................... 3 Sec. 6-10.101 Definitions. .................................................................................... 4 Sec. 6-10.102 Mandatory separation of recyclables, collection and disposal of solid waste and recyclables........................................................ 21 SECTION 2. RECITALS................................................................................................ 41 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................... 42 SECTION 4. SEVERABILITY........................................................................................ 42 SECTION 5. PUBLICATION. ........................................................................................ 42 SECTION 6. EFFECTIVE DATE. .................................................................................. 42 o-0-o
WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939), requires the City of Watsonville (City) to reduce, reuse, and recycle solid waste to the maximum extent feasible before disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill (AB) 341 requires the City to implement a mandatory commercial recycling program under which, beginning on July 1, 2012, any business or any multifamily residential dwelling of five or more units that generates four cubic yards or more of solid waste per week must arrange for recycling services; and WHEREAS, Assembly Bill (AB) 1826 requires the City to implement a mandatory commercial organics recycling program under which, beginning on January 1, 2019, a

Ord No. (CM)
Meeting Date: 041222 2
business or any multifamily residential dwelling of five or more units that generates four cubic yards or more of commercial solid waste per week must arrange for organic waste recycling services; and
WHEREAS, Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets, and WHEREAS, Senate Bill 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations, and
WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the SB 1383 Regulations.

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

SECTION 1. ENACTMENT.

Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adding a new Chapter 10 entitled Mandatory Organic Waste Disposal Reduction to read in words and figures as follows:

Ord No. (CM)
Meeting Date: 041222 3
TITLE 6 SANITATION AND HEALTH
CHAPTER 10 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sec. 6-10.100 Intent and finding.

The Watsonville City Council finds and declares that:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program. (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources

Ord No. (CM)
Meeting Date: 041222 4
Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
(f) Requirements in this ordinance are consistent with other adopted goals and policies of the City.

Sec. 6-10.101 Definitions.

Ord No. (CM)
Meeting Date: 041222 5
Whenever the following defined words and phrases are used in this title, they shall have the definition or meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended:
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (b) “CalRecycle” shall mean California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations in the City of Watsonville (and other jurisdictions).
(c) “California Code of Regulations” or “CCR” shall mean the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(d) “City” shall mean the City of Watsonville, California. (e) “Commercial Business” or “Commercial” shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(f) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections (ppp) and (qqq) of this

Ord No. (CM)
Meeting Date: 041222 6
ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). (g) “Compliance Review” shall mean a review of records by the City to determine compliance with this ordinance.
(h) “Community Composting” shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (i) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(j) “Compostable Plastics” or “Compostable Plastic” shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). (k) “Container Contamination” or “Contaminated Container” shall mean a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) “C&D” shall mean construction and demolition debris. (m) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), shall mean a Solid Waste facility that accepts a Source

Ord No. (CM)
Meeting Date: 041222 7
Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
(i) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” (2) The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
(i) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive

Ord No. (CM)
Meeting Date: 041222 8
reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49). (n) “Designee” shall mean an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(o) “Edible Food” shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (p) “Enforcement Action" shall mean an action of the City to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) “Enforcement Official” shall mean the City Manager or their authorized Designee who is partially or whole responsible for enforcing the ordinance. (r) “Excluded Waste” shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of

Ord No. (CM)
Meeting Date: 041222 9
local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its Designee for collection services. (s) “Food Distributor” shall mean a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(t) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(u) “Food Recovery” shall mean actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

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(v) “Food Recovery Organization” shall mean an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
(w) “Food Recovery Service” shall mean a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

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(x) “Food Scraps” shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(y) “Food Service Provider” shall mean an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (z) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(aa) “Food Waste” shall mean Food Scraps. Food-Soiled Paper and Compostable Plastics may also be included in this definition depending on service. (bb) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
(cc) “Gray Container Waste” shall mean Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (dd) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

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(ee) “Grocery Store” shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(ff) “Hauler Route” shall mean the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(gg) “High Diversion Organic Waste Processing Facility” shall mean a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). (hh) “Inspection” shall mean a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). (ii) “Large Event” shall mean an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being

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used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. (jj) “Large Venue” shall mean a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (kk) “Local Education Agency” shall mean a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (ll) “Multi-Family Residential Dwelling” or “Multi-Family” shall mean of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(mm) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

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(nn) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(oo) “Non-Local Entity” shall mean the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City. (2) Federal facilities, including military installations, located within the boundaries of the City.
(3) Facilities operated by the State park system located within the boundaries of the City.
(4) State agencies located within the boundaries of the City, including, but not limited to the Pajaro Valley Unified School District (pp) “Non-Organic Recyclables” shall mean non-putrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). (qq) “Notice of Violation (NOV)” shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(rr) “Organic Waste” shall mean Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate,

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and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(ss) “Organic Waste Generator” shall mean a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(tt) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (uu) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (vv) “Prohibited Container Contaminants” shall mean the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.

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(ww) “Recovered Organic Waste Products” shall mean products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (xx) “Recovery” shall mean any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (yy) “Recycled-Content Paper” shall mean Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). (zz) “Regional Agency” shall mean regional agency as defined in Public Resources Code Section 40181.
(aaa) “Remote Monitoring” shall mean the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (bbb) “Renewable Gas” shall mean gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(ccc) “Restaurant” shall mean an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(ddd) “Route Review” shall mean a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include

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mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(eee) “SB 1383” shall mean Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of shortlived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(fff) “SB 1383 Regulations” or “SB 1383 Regulatory” shall mean or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(ggg) “Self-Hauler” shall mean a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (hhh) “Single-Family” shall mean of, from, or pertaining to any residential premises with fewer than five (5) units.
(iii) “Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible

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solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code
(jjj) “Source Separated” shall mean materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise

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defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing.
(kkk) “Source Separated Blue Container Organic Waste” shall mean Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). (lll) “Source Separated Green Container Organic Waste” shall mean Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(mmm) “Source Separated Recyclable Materials” shall mean Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (nnn) “State” shall mean the State of California.
(ooo) “Supermarket” shall mean a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ppp) “Tier One Commercial Edible Food Generator” shall mean a Commercial Edible Food Generator that is one of the following:

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(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(qqq) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

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(rrr) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” shall mean a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(sss) “Wholesale Food Vendor” shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

Sec. 6-10.102 Mandatory separation of recyclables, collection and disposal of solid waste and recyclables.
(a) Requirements for Single Family Generators.

Single Family Organic Waste Generators except Single-Family generators that meet the Self-Hauler requirements in this ordinance shall:
(1) Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 6-10.102(a)(2). City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing

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or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (2) Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers, as described below, and shall not place Prohibited Container Contaminants in collection containers. (i) A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container)
(ii) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(b) Requirements for Commercial Businesses, including Multi-Family Residential Dwellings.

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(1) Subscribe to the City’s three-, three-plus container collection services and comply with requirements of those services as described below in 6-10.102(b)(2), except Commercial Businesses that meet the Self-Hauler requirements in this ordinance. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial

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Businesses shall adjust their service level for their collection services as requested by the City.
(2) Except Commercial Businesses that meet the Self-Hauler requirements in Section (f) of this ordinance, participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below.
(i) A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container)
(ii) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(3) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections (b)(4)(A) and (b)(4)(B) below) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section (f).
(4) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal

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containers are provided for customers, for materials generated by that business.

Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first, or
(ii) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

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(5) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section (b)(4) pursuant to 14 CCR Section 18984.9(b).
(6) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section (f).
(7) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (8) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(9) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

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(10) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section (f) of this ordinance to confirm compliance with the requirements of this ordinance. (11) Accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section (b)(2). The Remote Monitoring program may involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers or Hauler’s vehicles.
(12) At Commercial Business’s option and subject to any approval required from the City, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the City or its Designee.
(13) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section (f) of this ordinance.
(14) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

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(15) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section (d).
(c) Waivers for Generators.
(1) De Minimis Waivers. The City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section (c)(1)(B) below.

Commercial Businesses requesting a de minimis waiver shall:
(i) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section C(1)(ii) below.
(ii) Provide documentation that either:
(aa) The Commercial Business’ total Solid Waste
collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(ab) The Commercial Business’ total Solid Waste
collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

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(iii) Notify the City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(iv) Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver. (2) Physical space waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section (b). A Commercial Business or property owner may request a physical space waiver through the following process:
(i) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (ii) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (iii) Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

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(3) Review and Approval of Waivers by City. The City of Watsonville Solid Waste Division Manager shall be responsible for review and determination of any waiver submitted to the City for approval.
(d) Requirements for Commercial Edible Food Generators. (1) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(2) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(3) Commercial Edible Food Generators shall comply with the following requirements:
(i) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(ii) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(iii) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

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(iv) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(v) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(aa) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (ab) A copy of all contracts or written agreements
established under 14 CCR Section 18991.3(b).
(ac) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(ad) The name, address and contact information of the
Food Recovery Service or Food Recovery Organization.
(ae) The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
(af) The established frequency that food will be collected or self-hauled.
(ag) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(vi) No later than July 1, 2022 of each year for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two

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Commercial Edible Food Generators, provide an annual Food Recovery report to the City that includes the following information:
(aa) All records required in Section (d)(3)(E)(i);
(ab) Amount and type of Edible Food that was not
accepted by Food Recovery Organizations or services for donation. (4) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(e) Requirements for Food Recovery Organizations and Services. (1) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(i) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

Ord No. (CM)
Meeting Date: 041222 32
(ii) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(iii) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(iv) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(2) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(i) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
(ii) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(iii) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
(3) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

Ord No. (CM)
Meeting Date: 041222 33
(4) Commencing on January 1, 2022, and annually thereafter, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(5) Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(f) Self-Hauler Requirements.
(1) Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High

Ord No. (CM)
Meeting Date: 041222 34
Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(2) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(3) Self-Haulers that are Commercial Businesses (including MultiFamily Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
(i) Delivery receipts and weight tickets from the entity accepting the waste.
(ii) The amount of material in cubic yards or tons transported by the generator to each entity.
(iii) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (4) Self-Haulers that are Commercial Businesses (including MultiFamily Self-Haulers) shall provide information collected in Section (f)(3) to City.

Ord No. (CM)
Meeting Date: 041222 35
(5) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section (f)(3) and (4). (g) Procurement Requirements for City Departments, Direct Service Providers, and Vendors
(1) Direct service providers to the City, as applicable, must comply with the City’s Environmental Purchase Policy first adopted on October of 2021. (2) All vendors providing Paper Products and Printing and Writing Paper shall:
(i) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than nonrecycled items. (ii) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(iii) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

Ord No. (CM)
Meeting Date: 041222 36
(iv) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). (v) Provide records to the City’s Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the City’s Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City.

Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections (g)(2)(C) and (g)(2)(D) of this ordinance for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
(h) Inspections and Investigations by City.
(1) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste

Ord No. (CM)
Meeting Date: 041222 37
Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section (b)(2) or (c)(2) of this ordinance, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section (h) of this ordinance. (2) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(3) Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

Ord No. (CM)
Meeting Date: 041222 38
(4) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(5) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
(i) Enforcement.
(1) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City’s Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(2) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(3) Responsible Entity for Enforcement.

Ord No. (CM)
Meeting Date: 041222 39
(i) City Enforcement Officials will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (ii) City Enforcement Officials may issue Notice(s) of
Violation(s).
(4) Process for Enforcement.
(i) City Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section (h) establishes City’s right to conduct Inspections and investigations. (ii) City may issue an official notification to notify regulated entities of its obligations under the ordinance.
(iii) With the exception of violations of generator contamination of container contents, City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(iv) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City’s policy/ordinance/guidelines or requirements contained in Section 1-2.109 of the Watsonville Municipal Code.
(v) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the County or if no such address is available, to the owner at the address of the dwelling or Commercial

Ord No. (CM)
Meeting Date: 041222 40
property or to the party responsible for paying for the collection services, depending upon available information.
(5) Compliance Deadline Extension Considerations.

The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section (i) if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(i) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(ii) Delays in obtaining discretionary permits or other government agency approvals; or,
(iii) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(6) Appeals Process.

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(7) Education Period for Non-Compliance.

Ord No. (CM)
Meeting Date: 041222 41
Beginning on the Effective Date of this ordinance and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by the Effective Date of this ordinance, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (8) Civil Penalties for Non-Compliance.

Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section (i), as needed.
(j) Effective Date. This ordinance shall be effective commencing on May 26, 2022.

SECTION 2. RECITALS.

The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.

Ord No. (CM)
Meeting Date: 041222 42
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

SECTION 4. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. PUBLICATION.

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

SECTION 6. EFFECTIVE DATE.

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

Ord No. (CM)
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 11:44:55 AM
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING ARTICLE 8 (WATER EFFICIENT
LANDSCAPING ORDINANCE) OF CHAPTER 3 (CITY UTILITIES) OF TITLE 6 (SANITATION AND HEALTH) OF THE WATSONVILLE
MUNICIPAL CODE BY ADDING SECTION 6-3.803 (WATER EFFICIENT

LANDSCAPING) TO COMPLY WITH STATE MANDATED ORGANIC

WASTE DISPOSAL REQUIREMENT
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 2 CHAPTER 3 CITY UTILITIES ...................................................................................... 2 ARTICLE 8. WATER EFFICIENT LANDSCAPING ORDINANCE ............................. 2 Sec. 6-3.803 Water Efficient Landscaping............................................................ 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT...................................... 4 SECTION 3. SEVERABILITY.......................................................................................... 4 SECTION 4. PUBLICATION........................................................................................... 5 SECTION 5. EFFECTIVE DATE..................................................................................... 5 o-0-o
WHEREAS, Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets, and WHEREAS, Senate Bill 1383 SB 1383 requires the City to adopt a Water Efficient Landscaping ordinance in accordance with the State’s Model Water Efficient Landscape Ordinance (MWELO), Sections 492.6(a)(3)(B), (C), (D) and (G) in order to comply with requirements mandated by SB 1383 including enforcement mechanisms.

Ord No. (CM) 2
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 11:44:55 AM
WHEREAS, this Ordinance implements the requirements of the State’s MWELO Regulations.

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

SECTION 1. ENACTMENT.

Article 8 (Water Efficient Landscaping Ordinance) of Chapter 3 (City Utilities) of Title 6 (Sanitation and Health) of the Watsonville Municipal Code is hereby amended by adding Section 6-3.803 (Water Efficient Landscaping) to read in words and figures as follows:

CHAPTER 3 CITY UTILITIES
ARTICLE 8. WATER EFFICIENT LANDSCAPING ORDINANCE
Sec. 6-3.803 Water Efficient Landscaping.
(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. (c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section (a) above shall:

Ord No. (CM) 3
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 11:44:55 AM
(1) Comply with Sections 492.6 (a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(i) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(ii) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(iii) Organic mulch materials made from recycled or postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. (2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building

Ord No. (CM) 4
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 11:44:55 AM
or landscape designers that meet the threshold for MWELO compliance outlined in Section (a) shall consult the full MWELO for all requirements. (d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter

2.7 shall be enforced.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

SECTION 3. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the

Ord No. (CM) 5
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 11:44:55 AM
fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 4. PUBLICATION.

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

SECTION 5. EFFECTIVE DATE.

This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Ord No. (CM)
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 12:35:50 PM
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING CHAPTER 15 (CALIFORNIA GREEN
BUILDING STANDARDS CODE) OF TITLE 8 (BUILDING

REGULATIONS) OF THE WATSONVILLE MUNICIPAL CODE BY
ADDING SECTION 8-15.03 (CONSTRUCTION WASTE DIVERSION) TO

COMPLY WITH STATE MANDATED ORGANIC WASTE DISPOSAL

REQUIREMENT
Table of Contents
SECTION 1. ENACTMENT............................................................................................. 2 CHAPTER 15 CALIFORNIA GREEN BUILDING STANDARDS CODE ...................... 2 Sec. 8-15.03 Construction Waste Diversion. ........................................................ 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT...................................... 3 SECTION 3. SEVERABILITY.......................................................................................... 4 SECTION 4. PUBLICATION........................................................................................... 4 SECTION 5. EFFECTIVE DATE..................................................................................... 4 o-0-o
WHEREAS, Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets, and WHEREAS, SB 1383 requires the City to adopt a Construction Waste Diversion ordinance in accordance with CALGreen Section 4.408.1 and 5.408 that diverts construction waste from landfills at least 65 percent of the materials generated at the project site.

Ord No. (CM) 2
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 12:35:50 PM
WHEREAS, this Ordinance implements the requirements of the State’s CALGreen Recycling requirements through construction waste diverse regulations.

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

SECTION 1. ENACTMENT.

Chapter 15 (California Green Building Standards Code) of Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adding Section 8-

15.03 (Construction Waste Diversion) to read in words and figures as follows:

CHAPTER 15 CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 8-15.03 Construction Waste Diversion.
(a) Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.

If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
(b) For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of materials, consistent with the three-, three-plus container collection program offered by the City, or comply with provisions of adequate space for recycling for Multi-Family and

Ord No. (CM) 3
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 12:35:50 PM
Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of materials, consistent with the three-, three-plus container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal.

Comply with all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Ord No. (CM) 4
Reference: Ordinance No. 1231-07 (CM)
ri 4/7/2022 12:35:50 PM
SECTION 3. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 4. PUBLICATION.

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

SECTION 5. EFFECTIVE DATE.

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

SB 1383: ShortLived Climate
Pollutant
Reduction
Strategy
Implementation
Presented by Public Works & Utilities
April 12, 2022

SB 1383 State Requirements
2020 50% REDUCTION IN LANDFILLED ORGANIC WASTE
2022 REGULATIONS TAKE EFFECT
2025 75% REDUCTION IN LANDFILLED ORGANIC WASTE
2025 20% OF CURRENTLY DISPOSED EDIBLE FOOD MUST BE

RECOVERED FOR HUMAN CONSUMPTION

Jurisdiction Responsibilities
Provide Organics
Collection Services to All
Residents and Businesses
Establish Edible Food
Recovery Program
Conduct Education and
Outreach to Community
Procure Recyclable and
Recovered Organic
Products
Secure Access to
Recycling and Edible
Food Recovery Capacity
Monitor Compliance
and Conduct
Enforcement

SB 1383 Key Jurisdiction Dates
2022
Provide Organics Collection
Service to All Residents and
Businesses
Establish Edible Food
Recovery Program: Tier 1
Conduct Education and
Outreach
Procurement
Capacity Planning
2024
Starting January 1, 2024
Jurisdictions must take
action against noncompliant entities
Establish Edible Food
Recovery Program: Tier 2

Edible Food Recovery Program

• Residential Organics Service
• Green Cart Organics
• Education & Outreach
• Commercial and Multi-family Organics Service
• Edible Food Recovery
• Donation education at large markets
• Partnership with Second Harvest Food Bank
• Compost Procurement
• Evaluating procurement target
• Small scale compost distribution at gardens and public pick up Implementation Status

SB 1383 IN ACTION

PROCUREMENT

REQUIREMENTS
Procure Recycled and
Recovered Organic
Products

JURISDICTIONAL REQUIREMENTS

COMPOST, MULCH,

RENEWABLE NATURAL GAS &
ELECTRICITY Close
the
Loop

SB 1383: Construction & Landscaping
Requirements
Recycling organic waste
commingled with C&D
debris, to meet CalGreen
65% requirement for C&D
recycling in both residential
and non-residential projects
Model Water Efficient
Landscape Ordinance
(MWELO) requirements for
compost and mulch
application.

SB 1383 IN
ACTION

JURISDICTIONAL

REQUIREMENTS
Maintain Records and
Report to CalRecycle
Recordkeeping Requirements:

Jurisdiction
Inspection &
Enforcement
Commercial
Edible Food
Generators
Recycled
Paper
Procurement
Recycled
Organic Waste
Procurement
Edible Food
Recovery
Program
Education &
Outreach
Contamination Waivers
Minimization
Hauler
Program
Organic
Collection
Services

SB 1383 IN ACTION

INSPECTION AND

ENFORCEMENT

REQUIREMENTS

JURISDICTIONAL REQUIREMENTS
Ordinance
2022
Adopt an Ordinance
(Enforceable
Mechanism)
Compliance
Monitoring &
Education
2022-2024
Inspections
Audits
Education
Compliance
Monitoring &
Enforcement
2024
Annual Compliance
Reviews &
Inspections
Notice of Violations,
Penalties for
Violators

STATE

ENFORCEMENT
CALRECYCLE OVERSIGHT (BEGINS IN 2022)
Oversee and Monitor
for Compliance
Review Reports,
Records and
Authorize Waivers
Ensuring
Compliance

City-wide Collection Service Changes
• Single Residential: Through month of April
• Route Changes: Transitions from bi-monthly to
weekly
• Yard Waste converts to Organics service
• Residents receive notification
• 127 Multi-family complexes: May-November 2022
• Update Commercial Organics
Organics Collections Service is Live!

Commercial Only
• De minimis:
• > 2 cubic yards week, < 20 gallons organics
• < 2 cubic yards, < 10 gallons organics
• Physical Space:
• Lack of physical space
No residential waivers allowed by state
Organics Service Waivers

• In-person at events: Farmer’s Market, Earth Day, more • Newsletters/Postcards
• Cart Hangers
• TV ad is live
• Social Media
• Apartment Food Scrap Kitchen Pails
Outreach Efforts

Thank you

4/7/2022 1:44:32 PM
C:\Program Files\eSCRIBE\TEMP\13443190664\13443190664,,,Report - Contribution to PVUSD for Emeril Lagasse Kitchen Project.docx Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: CITY MANAGER PRO TEMPORE VIDES
SUBJECT: Support Starlight Elementary School Culinary Garden and Teaching Kitchen Project
STATEMENT OF ISSUES:

The Emeril Lagasse Foundation funds programs that integrate culinary gardens and teaching kitchens in schools to create interactive learning environments centered on food. In August 2019, the Board of Trustees of the Pajaro Valley Unified School District (PVUSD) applied and received a grant for $500,000 to partially fund the construction of the Starlight Elementary School Emeril’s Culinary Garden and Teaching Kitchen. Since then PVUSD has been actively seeking donors to raise the remaining funds for the $2.5 million project.

RECOMMENDED ACTION:

It is recommended that the City Council adopt a resolution to select a donor category and naming opportunity, and authorize the corresponding one-time contribution of $___________to the Pajaro Valley Unified School District to partially fund the construction of Emeril’s Culinary Garden and Teaching Kitchen at Starlight Elementary School.

DISCUSSION:

In August 2019, the Emeril Lagasse Foundation announced that Starlight Elementary School has been selected as the newest school site for its national education program, Emeril’s Culinary Garden & Teaching Kitchen. Starlight School is one of only five school sites funded nationwide.

Starlight Elementary School, led by Principal Jaclynne Medina, is a transitional Kindergarten through fifth-grade public school in the Pajaro Valley Unified School District (PVUSD).

Serving more than 550 students with diverse backgrounds, the school seeks to ensure educational equity for students and their families, many of whom are connected to agriculture as both a way of life and a source of income.

A five-year grant from the Emeril Lagasse Foundation will allow Starlight Elementary to grow its garden and cooking program through the addition of a permanent, fully equipped 30- student 1,543 square foot teaching kitchen. Adjacent will be a new 7,900 square foot organic garden and community gathering space designed to accommodate larger numbers of

4/7/2022 1:44:32 PM
C:\Program Files\eSCRIBE\TEMP\13443190664\13443190664,,,Report - Contribution to PVUSD for Emeril Lagasse Kitchen Project.docx students along with the integration of more complex culinary, nutrition and gardening instruction.

Many students at Starlight Elementary, and indeed across PVUSD, are the children of farmworkers who sow, harvest, and package the food that feeds our community, region, and nation. The significance of having an Emeril’s Culinary Garden and Teaching Kitchen in our midst would expand the opportunity to provide experiential learning for students in the area of cooking, nutrition, and science.

Garden education is not new to PVUSD, but the expanded opportunity to learn to cook and experience the creativity and the taste of the produce cultivated in the garden will be new at Starlight School and only possible thanks to the Emeril Lagasse Foundation and many other local donors. It is also worth noting that this kitchen project at Starlight School will help expand and improve the long-term existing partnership between the District and Life Lab Program. Life Lab is dedicated to cultivating children's love of learning, healthy food, and nature through garden-based education. Their curriculum and trained instructors will be part of this exciting program in Watsonville.

By integrating gardening and cooking concepts in school curriculums, PVUSD will offer an engaging experience that connects kids to the world of food and nurtures skills that benefit them not only in the kitchen but also throughout life. This garden/kitchen idea is aligned with the Council’s goal to help develop skills and provide positive opportunities for youth in our community that help develop resilient and engaged young adults.

This project is relevant in our community as it also helps to honor the work of many of our local families who work in the field of agriculture. The Emeril’s Culinary Garden and Teaching Kitchen Project is expected to be transformative providing a unique opportunity to enhance and expand the well-established garden and cooking education programs, and help to make powerful cultural connections for the students to their home lives, family backgrounds, and life experiences.

The impact of this project is far-reaching and it expands beyond the Starlight School grounds and those children that attend this school. Emeril’s Culinary Garden and Teaching Kitchen will also serve as a community resource open to others in our community who desire to learn about garden education, healthy nutrition, or cooking classes. The space created at Starlight will allow groups and members of our community to learn and attend special weekend and after-school hour programs.

The overall cost of building this kitchen/garden learning space exceeds $2.5 million. PVUSD has been actively seeking donations to fully fund the construction of this ambitious project in our local school and to date has raised $750,000 of the goal of $1,000,000 in donations.

PVUSD has established naming opportunities for major gifts and donation tiers in support of the project. Based on the contribution to the project, the City would have the opportunity to name one of the gardens and/or instructional areas. The City Council may consider one of

4/7/2022 1:44:32 PM
C:\Program Files\eSCRIBE\TEMP\13443190664\13443190664,,,Report - Contribution to PVUSD for Emeril Lagasse Kitchen Project.docx the following donation tiers: Heroes - $100,000 plus; Champion - $40,000; Grower- $25,000 and obtain naming rights afforded in the naming opportunities outlined by PVUSD.

STRATEGIC PLAN:

This one-time budget allocation to help fund the Emeril Lagasse Culinary Garden and Teaching Kitchen Project at Starlight School is consistent with the Council’s strategic goals 4-Economic Development and 5-Community Engagement & Well-Being FINANCIAL IMPACT:

This is a one-time budget contribution of the chosen amount. There should not be any additional financial impacts on the City for funding this project. The funding used for this activity will be the already appropriated ARPA funds (0262-109-7361-XXXXX) allocated to job training.

ALTERNATIVE ACTION:

The Council may choose to fund this project at any of the three tiers mentioned above:

Heroes with a contribution of at least $100,000, Champion with a contribution of at least $40,000, Grower category with a contribution of at least $25,000, or any other amount as outlined in the donation tiers provided by the district.

ATTACHMENTS AND/OR REFERENCES (If any):
1) List of Donors to date (3/15/22)
2) Naming Opportunities for Major Gifts

A PROJECT OF THE EMERIL LAGASSE FOUNDATION, the PAJARO VALLEY UNIFIED SCHOOL DISTRICT, COMMUNITY HEALTH TRUST, and OUR GENEROUS COMMUNITY
Donors to Date As of March 15, 2022
HEROÉS – HEROES: Gifts of $100,000+
Community Health Trust
Emeril Lagasse Foundation
Pajaro Valley Unified School District
CAMPEÓNES – CHAMPIONS: Gifts of $40,000+
Applewood Fund
Rebecca & Bud Colligan
Community Foundation Santa Cruz County
Richard & Teresa Crocker- Crocker Philanthropic Foundation The J. Miles and Rosanne Reiter Family Foundation
CULTIVADORES – GROWERS: Gifts of $25,000+
American AgCredit
Borina Foundation Fund at Community Foundation Santa Cruz County Jim Edens
The Willis Family Fund at Community Foundation Santa Cruz County CREYENTES – BELIEVERS: Gifts of $10,000+
A & I Transport, Inc.

California Giant Strawberry
Dautoff Family Fund
Joe Griffin in memory of Linda Fawcett
Amy & David Harrington in memory of Dr. David Katzenstein Leola Lapides and Bob Katz
Live Like Coco Foundation, in memory of Coco Lazenby
Leon Paul Mayou & Janet Stokely Mayou, Marion Lafot Payse & Barbara Lafot Stokely, in honor of The Lafot Sisters
Ginny Solari Mazry
Karen and Clint Miller
Janis Ost, in memory of Jean Permison
Pat & Rowland Rebele
Sereno 1% For Good Foundation
Superior Foods International, in memory of David Moore

CONTINUED
Attachment 1

DEFENSORES – ADVOCATES: Gifts of $5,000+
Georgeann Eiskamp in memory of George H. Cowles
Mary Gaukel Forster in memory of Ed and Betty Bates
Granite Construction
Marion Lafot Payse
Melanie Wirtanen
PARTIDARIOS – SUPPORTERS: Gifts of $1,500+
1st Capital Bank
James S. Baker
Claire and David Baum
The Mehl Family
Marilyn & Ken Koll
Tamia Marg
S. Martinelli & Company
Gayle and Joe Ortiz
Dr. Michelle Rodriguez in memory of Dr. William Gibson
Scott Roseman & Jasmine Berke
Ruth & John Souza in memory of Dr. David Katzenstein
Allie & Nick Sutton
Jeff & Adele Talmadge
AMIGOS – FRIENDS: Gifts of $500 - $1499
Consuelo Alba & John Speyer, Jazelle Arellano, Terry Ballantyne, Phil & Katie Bates, Linda Bixby Family, Familia Camacho in honor of all Bracero and Farmworker Families, Erica Padilla Chavez, Carolyn & Curt Coleman, Kimberly De Serpa, Rebecca J. Garcia, Margaret Gordon, Graniterock, Lowell & Wendy Hurst, Carmen & Andy Kumasaka, Rabbi Paula Marcus & Aryeh Nanas, Jacob & Joanne Martinez, Robby Olson & Jenni Veitch-Olson, Pacific Ag Pak, Inc., Clint Rucker, Faris Sabbah & Blanca Baltazar-Sabbah, Dana & Lynn Sales, Carol & Kirk Schmidt, Dane Scurich, Nancy & Ray Sherrod, Melisa & Dean Walker, Nancy Corotto Wilcox, Andrea & Bruce Willy
Contributions are tax deductible. To join these donors or for more information, contact:

Andrea Willy: [email protected] – 831-786-2323 or
Linda Bixby: [email protected], or Nancy Sherrod: [email protected] Attachment 1

Availability as of February 10, 2022
NAMING OPPORTUNITIES for MAJOR GIFTS

CULINARY GARDEN
7,900 sq. ft. organic garden and community learning space Culinary Garden and
Instructional Areas
Gift Amount Status Donor
Garden Arbor Entry Gate $500,000 Confirmed Emeril Lagasse Foundation Heart of the Garden: Teaching center
& community gathering space with
shade structure
$100,000

AVAILABLE
Roots of Learning: Outdoor classroom
equipment and technology
$50,000 AVAILABLE
Wellness Garden/Quiet Space $50,000 Confirmed Crocker Philanthropic Foundation Berry Patch $50,000 PENDING (HOLD FOR REITER FAMILY FDN) Herb Garden $50,000 AVAILABLE
Harvest Center $35,000 AVAILABLE
Seedling Station $35,000 AVAILABLE
Borina Family Orchard $35,000 Confirmed Borina Foundation Fund at Community Foundation Santa Cruz
Pollinator/Perennial Garden $35,000 AVAILABLE
Salad Bowl $25,000 Confirmed American AgCredit
Pepper Patch $25,000 AVAILABLE
Tool Barn $25,000 Confirmed Community Foundation
Santa Cruz County
Garden Bed #1 $10,000 Confirmed Steve and Carmella Dautoff Garden Bed #2 $10,000 Confirmed California Giant Strawberry Garden Bed #3 $10,000 Confirmed Superior Foods
Garden Bed #4 $10,000 AVAILABLE
Garden Bed #5 $10,000 AVAILABLE
Garden Bed #6 $10,000 AVAILABLE
Garden Bed #7 $10,000 AVAILABLE
Garden Bed #8 $10,000 AVAILABLE
Irrigation and Conservation
Center/Water Barrels
$10,000 Confirmed Janet Stokely Mayou & Leon
Paul Mayou, Marion Lafot Payse
& Barbara Lafot Stokely
Soil Station/Composting Area $10,000 Confirmed Live Like Coco Fdn Weather Station $10,000 Confirmed Karen & Clint Miller

CONTINUED ON REVERSE

A PROJECT OF THE EMERIL LAGASSE FOUNDATION, THE PAJARO VALLEY UNIFIED SCHOOL DISTRICT, COMMUNITY HEALTH TRUST, AND OUR GENEROUS COMMUNITY.

Contact: Andrea Willy: [email protected] or 786-2323 Linda Bixby: [email protected], or Nancy Sherrod: [email protected] Attachment 2

Availability as of February 10, 2022

NAMING OPPORTUNITIES for MAJOR GIFTS

TEACHING KITCHEN
1,543 sq. ft. instructional kitchen for 30 students
Teaching Kitchen Areas Gift Amount Status Donor
The Teaching Center:

Nutrition-based education, culinary
and life skills, career exposure
$150,000 Confirmed Community Health Trust
Pantry $40,000 AVAILABLE
Safety and Sanitation Station:

Laundry, linen, dishwashing, dish
storage
$40,000

AVAILABLE
Culinary Tool Hub:

Pots,smallware, measuring cups and
spoons, bowls, pans, knives
$25,000 Confirmed Community Foundation
Santa Cruz County
Student Workstation #1
Each workstation accommodates up
to 10 students and includes cooktop
and sink.
$10,000 Confirmed Leola Lapides and Bob Katz
Student Workstation #2 $10,000 Confirmed Janis Ost, in memory Jean Permison
Student Workstation #3 $10,000 Confirmed Ginny Solari Mazry Student Workstation #4 $10,000 Confirmed Joe Griffin, in memory of Linda Fawcett
Reference Center $10,000 Confirmed Amy & David Harrington in memory of
Dr. David Katzenstein
Student Cubbies $10,000 Confirmed Pat & Rowland Rebele

A PROJECT OF THE EMERIL LAGASSE FOUNDATION, THE PAJARO VALLEY UNIFIED SCHOOL DISTRICT, COMMUNITY HEALTH TRUST, AND OUR GENEROUS COMMUNITY.

Contact: Andrea Willy: [email protected] or 786-2323 Linda Bixby: [email protected], or Nancy Sherrod: [email protected] Attachment 2

1 Reso No. (CM)
Meeting Date: 041222
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

SELECTING A DONOR CATEGORY AND NAMING OPPORTUNITY, AND
AUTHORIZE THE CORRESPONDING ONE TIME CONTRIBUTION OF $_________

TO THE PAJARO VALLEY UNIFIED SCHOOL DISTRICT TO PARTIALLY FUND THE CONSTRUCTION OF EMERIL’S CULINARY GARDEN AND TEACHING KITCHEN

AT STARLIGHT ELEMENTARY SCHOOL
WHEREAS, the Emeril Lagasse Foundation, funds programs that integrate culinary gardens and teaching kitchen in schools to create interactive learning environments centered on food; and
WHEREAS, on August 2019, the Board of Trustees of the Pajaro Valley Unified School District (PVUSD) applied for and received a grant for $500,000 in funding to partially fund the construction of the Starlight Elementary School Emeril’s Culinary Garden and Teaching Kitchen; and
WHEREAS, the overall cost of building the kitchen/garden learning space exceeds $2.5 million and PVUSD has been actively seeking donations to fully fund the construction of this ambitious project in our local school; and WHEREAS, the impact of this project is far-reaching and it expands beyond the Starlight School grounds and those children that attend this school and will also serve as a community resource open to others in our community who desire to learn about garden education, healthy nutrition, or cooking classes.

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

1. This action is not subject to the California Environmental Quality Act (“CEQA”). This action is not a project within the meaning of the CEQA Guidelines Section 15378 and 15061(b)(3) as it has no potential for physical effects on the environment.

2 Reso No. (CM)
Meeting Date: 011122

2. That the Council hereby selects the _________________________ tier and ___________________ (naming opportunity) outlined in the attachments to the staff report.

3. That the one-time funding contribution of $______________ to the Pajaro Valley Unified School District to partially fund the construction of the Starlight Elementary School Emeril’s Culinary Garden and Teaching Kitchen Project is hereby authorized.

**************************************

JORGE ZAMORA, CHIEF OF POLICE

WATSONVILLE POLICE DEPARTMENT
APRIL 12, 2022
Trauma Informed Multi-Disciplinary
Critical Incident Response Team

Background

Current Need
The purpose of the MDT is to address trauma and to provide linkages to services as needed to those individuals and/or families impacted by trauma. Collaborators will provide services that are:

1. Integrated

2. Comprehensive

3. Culturally Responsive

4. Trauma-Informed

5. Evidenced Based/Best Practice manner

System Partners providing direct services
- Pajaro Valley Prevention & Student Assistance, Inc. (PVPSA) - Community Action Board (CAB)
- Monarch Services
- Applied Survey Research (ASR)

Implementation
The MDT Coordinator will oversee and lead the Multidisciplinary Team ◦ The Coordinator will provide prompt referrals to the MDT for supportive, trauma-informed assessments, linkage and care for individuals and families System Partners:
◦ Provide an equitable system of intervention and care.

Behavioral Health Justice Intervention
Services Grant (BHJISG)
BHJISG awarded the City of Watsonville a grant in the amount of $481,327 Grant Term: February 15, 2022 through February 14, 2023 Purpose:
◦ Collaborative Planning
◦ Capacity Building
◦ Strategic Program Development
◦ Implementation of MDT

Council Strategic Plan & Ad Hoc
Recommendations
The BHJIS grant supports the Council’s Strategic plan of:
5 – Community Engagement & Well-Being – Strengthen Community Partnerships 6 – Public Safety – Community Policing
Aligns with the Ad-Hoc Committee Recommendations on Policing and Social Equity Recommendation 1: Mental Health and Police Involvement
Recommendation 7: Develop Partnership and Collaboration Opportunities Recommendation 8: Community Engagement
Recommendation 9: Social Equity

Staff Recommendations
Staff recommends that the City Council consider approving the following:

1. Accepting the Behavioral Health Justice Intervention Services grant in the amount of $481,327 for the period of February 15, 2022 through February 14, 2023

2. Contract for Consultant Services between the City of Watsonville and Pajaro Valley Prevention and Student Assistance Program in the amount of $160,327 for the period of February 15, 2022 through February 14, 2023

3. Contract for Consultant Services between the City of Watsonville and Community Action Board of Santa Cruz County, Inc. in the amount of $150,000 for the period of February 15, 2022 through February 14, 2023

Conclusion

4/1/2022 1:13:35 PM
C:\Program Files\eSCRIBE\TEMP\13133298616\13133298616,,,ACCEPTING BEHAVIORAL HEALTH JUSTICE INTERVENTION SERVICES (BHJIS) PROJECT GRANT IN THE AMOUNT OF $481,327.docx
Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: POLICE CHIEF ZAMORA
SUBJECT: ACCEPTING BEHAVIORAL HEALTH JUSTICE INTERVENTION

SERVICES (BHJIS) PROJECT GRANT IN THE AMOUNT OF
$481,327 FOR THE IMPLEMENTATION OF THE TRAUMA

INFORMED MULTI-DISCIPLINARY CRITICAL INCIDENT

RESPONSE TEAM
STATEMENT OF ISSUES:

Accept and appropriate a Behavioral Health Justice Intervention Services Grant in the amount of $481,327 to support collaborative planning, capacity building, strategic program development and first year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team for the period of February 15, 2022 through February 14, 2023.

RECOMMENDED ACTION:

Staff recommends that the City Council:
1) Adopt a Resolution accepting the Behavioral Health Justice Intervention Services grant in the amount of $481,327 for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first-year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team; and authorizing and directing the City Manager or designee to execute any necessary documents; and appropriating such funds to the special grants budget; and
2) Adopt a Resolution approving a Contract for Consultant Services between the City of Watsonville and Community Action Board of Santa Cruz County, Inc. in the amount of $150,000 for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first-year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team; and authorizing and directing the City Manager or designee to execute any necessary documents; and
3) Adopt a Resolution approving a Contract for Consultant Services between the City of Watsonville and Pajaro Valley Prevention and Student Assistance Program in the amount of $160,327 for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first-year implementation of the Trauma Informed Multi-Disciplinary Critical Incident

4/1/2022 1:13:35 PM
C:\Program Files\eSCRIBE\TEMP\13133298616\13133298616,,,ACCEPTING BEHAVIORAL HEALTH JUSTICE INTERVENTION SERVICES (BHJIS) PROJECT GRANT IN THE AMOUNT OF $481,327.docx
Response Team; and authorizing and directing the City Manager or designee to execute any necessary documents.

DISCUSSION:

The California Department of Health Care Services (DHCS) contracted with Advocates for Human Potential, Inc. (AHP), as the Administrative Entity to assist DHCS in overseeing and implementing the Behavioral Health Justice Intervention Services (BHJIS) Project. Funding to support BHJIS was awarded to DHCS by the Substance Abuse and Mental Health Services Administration (SAMHSA). DHCS allocated $16.25 million of SAMHSA funds for BHJIS to support local and statewide efforts to improve first responder, law enforcement, and other community efforts to address behavioral health crises. This funding is intended to address critical intervention points through which individuals with mental and substance use disorders can be diverted from criminal justice involvement. A request for application for the BHJIS project was released and due on December 22, 2021. The City of Watsonville applied and was awarded a grant in the amount of $481,327 for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first-year implementation of the Trauma Informed Multidisciplinary Critical Incident Response Team (MDT).

The grant proposal submitted builds upon a recently concluded, community informed process, led by the City of Watsonville. The nearly year-long, in depth engagement involved City staff, community partners and other government entities exploring how to transform the city’s policing into a trauma-informed, community-centered, and restorative model that requires a multidisciplinary approach. The public health model included the participation and collaboration from diverse sectors including health, education, social services, justice and the community at large. In order to meet the task of reducing violence within the City of Watsonville, the collaborators agree to work in partnership to establish a Trauma Informed Multi-Disciplinary Critical Incident Response Team (MDT) that responds to incidents as identified by the Watsonville Police Department. The City recognizes that the response to these traumatic incidents requires a holistic approach that can only be accomplish through collaboration. The purpose of the MDT is to assess and address trauma and provide linkages to services as needed to those individuals impacted.

This community informed process aims to improve community safety and wellness with the creation of a multi-disciplinary, trauma-informed, co-response team and system. When community substance abuse/mental health crises occur, the co-response system will be holistic, public health-centered, prevention/treatment-focused, socially and racially equitable, trauma informed, coordinated, comprehensive and culturally responsive (rather than producing additional trauma and an entry into the criminal justice system). Some of the goals include the following:
- Development of trusting relationships with system partners, specifically law enforcement;
- Access to care, with services at the right time, in the right environment, diverted away from the criminal justice system;

4/1/2022 1:13:35 PM
C:\Program Files\eSCRIBE\TEMP\13133298616\13133298616,,,ACCEPTING BEHAVIORAL HEALTH JUSTICE INTERVENTION SERVICES (BHJIS) PROJECT GRANT IN THE AMOUNT OF $481,327.docx
- Shared vision, values, roles, leadership, governance, direction through collaborative planning;
- Engagement in whole systems capacity building; and,
- Implementation of the Trauma Informed Multidisciplinary Critical Incident Team (MDT) As part of the collaborative planning, the implementation of direct services will emerge.

These direct services will be provided by the community partners supporting the MDT, which include the City of Watsonville, County of Santa Cruz, Superintendent of Schools, Community Action Board of Santa Cruz County, Inc. (CAB), Monarch Services, Pajaro Valley Prevention and Student Assistance Program (PVPSA), Pajaro Valley Unified School District (PVUSD), County of Education and Applied Survey Research (ASR) among others. The BHJIS grant funds will be funding the direct services provided by some of the community partners, such as PVPSA, CAB, Monarch Services and ASR which will require a contract for services; City Council approval will be needed for PVPSA ($150,000) and CAB ($160,327) contracts given the amounts are over $100,000. Through increased collaboration, leveraging and evolution of existing community response models, the MDT intends to stop trauma and provide services that best meet individual and community needs.

STRATEGIC PLAN:

The BHJIS grant supports the Council’s priorities and objectives of:
5-Community Engagement & Well-Being – Strengthen Community Partnerships 6-Public Safety – Community Policing
FINANCIAL IMPACT:

The Behavioral Health Justice Intervention Services does not require local match funds and has no financial impact to the General Fund.

ALTERNATIVE ACTION:

The City Council could elect to not accept this grant but this would require the City to utilized other funding sources, such as the general fund, to implement the Trauma Informed Multidisciplinary Critical Incident Team.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM)
Meeting Date: 041222 1
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ACCEPTING THE $481,327 BEHAVIORAL HEALTH

JUSTICE INTERVENTION SERVICES (BHJIS) PROJECT GRANT FROM

THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES
(DHCS) FOR THE PERIOD OF FEBRUARY 15, 2022 THROUGH
FEBRUARY 14, 2023 TO SUPPORT COLLABORATIVE PLANNING,

CAPACITY BUILDING, STRATEGIC PROGRAM DEVELOPMENT AND

FIRST-YEAR IMPLEMENTATION OF THE TRAUMA INFORMED
MULTIDISCIPLINARY CRITICAL INCIDENT RESPONSE TEAM;

AUTHORIZING AND DIRECTING THE CITY MANAGER PRO TEMPORE
TO EXECUTE ANY NECESSARY DOCUMENTS; AND APPROPRIATING
SUCH FUNDS TO THE SPECIAL GRANTS FUND (0260)
WHEREAS, the City of Watsonville submitted an application to the California Department of Health Care Services (DHCS) for a Behavioral Health Justice Intervention Services Project Grant which was due on December 22, 2022; and WHEREAS, the Behavioral Health Justice Intervention Services (BHJIS) Project provides health crisis intervention training and programs for law enforcement and other first responders, and /or fund social workers, counselors, case managers, and peer support specialist to embed within local law enforcement during emergency responses; and
WHEREAS, in order to meet the task of reducing violence within the City, the City and its many collaborators wish to establish a Trauma Informed Multidisciplinary Critical Incident Response Team (MDT); and
WHEREAS, the City of Watsonville was awarded a $481,327 Behavioral Health Justice Intervention Services (BHJIS) Project grant from the California Department of Health Services (DHCS) for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first-year implementation of the Trauma Informed Multidisciplinary Critical Incident

Reso No. (CM)
Meeting Date: 041222 2
Response Team; and
WHEREAS, this funding is intended to address critical intervention points through which individuals with mental and substance use disorders can be diverted from criminal justice involvement.

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

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA). This Resolution is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the $481,327 BHJIS Project grant from the California Department of Health Services (DHCS) BHJIS Project is hereby accepted for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team.

3. That the City Manager Pro Tempore of the City of Watsonville is hereby authorized and directed to execute in the name of the City of Watsonville, any and all documents required by the California Department of Health Services including any extensions or amendments thereof in order to implement the grant consistent with the

Reso No. (CM)
Meeting Date: 041222 3
Resolution with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.

4. That the $481,327 is hereby appropriated into the Special Grants Fund (0260)
**************************************

Reso No. (CM)
Meeting Date: 032222 1
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A CONTRACT BETWEEN THE CITY OF

WATSONVILLE AND COMMUNITY ACTION BOARD OF SANTA CRUZ
COUNTY, INC. A CORPORATION, FOR COLLABORATIVE PLANNING,

CAPACITY BUILDING, STRATEGIC PROGRAM DEVELOPMENT AND

DIRECT SERVICES IN THE IMPLEMENTATION OF THE TRAUMA

INFORMED MULTIDISCIPLINARY CRITICAL INCIDENT RESPONSE
TEAM FOR THE PERIOD OF FEBRUARY 15, 2022 THROUGH
FEBRUARY 14, 2023, IN AN AMOUNT NOT TO EXCEED $150,000, AND

AUTHORIZING AND DIRECTING THE CITY MANAGER PRO TEMPORE

TO EXECUTE SAME
WHEREAS, the Community Action Board of Santa Cruz County, Inc. will provide support in collaborative planning, capacity building, strategic program development and direct services under the Trauma Informed Multidisciplinary Critical Incident Response Team.

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

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA). This Resolution is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the one-year Contract between the City of Watsonville and Community Action Board of Santa Cruz County, Inc., a corporation, in an amount not to exceed

Reso No. (CM)
Meeting Date: 011122 2
$150,000, a copy of which Contract is attached hereto and incorporated herein by this reference, for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team, is fair and equitable and is hereby approved.

3. That the City Manager Pro Tempore be and is hereby authorized and directed to execute Contract for and on behalf of the City of Watsonville in the form attached hereto with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
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CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF WATSONVILLE AND COMMUNITY ACTION BOARD OF SANTA CRUZ COUNTY, INC.

THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Community Action Board of Santa Cruz County, Inc., hereinafter called "Consultant."

WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.

Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT............................................................................ 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 2 SECTION 8. INDEMNIFICATION.................................................................................... 2 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION........................................................................... 4 SECTION 11. TERMINATION......................................................................................... 4 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 4 SECTION 13. GOVERNING LAW................................................................................... 4 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 4 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 5 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 5 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 5 SECTION 18. WAIVER. .................................................................................................. 5 SECTION 19. CONFLICT OF INTEREST....................................................................... 5 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 5 SECTION 21. NOTICES. ................................................................................................ 6 SECTION 22. EXHIBITS:................................................................................................ 6 o-0-o

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THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

Consultant shall perform those services as specified in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT.

The term of this Contract shall be from February 15, 2022 to February 14, 2023 inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE.

The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.”
SECTION 4. COMPENSATION.

The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 5. METHOD OF PAYMENT.

Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT.

It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY.

Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying

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upon the skill and knowledge of Consultant to perform said services and duties.

Consultant shall defend, indemnify and hold harmless City, its officers and employees, against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.

SECTION 9. INSURANCE.

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force throughout the term of this Contract a professional liability insurance policy (Errors and Omissions), in a company authorized to issue such insurance in the State of California, with limits of liability of not less than One Million Dollars ($1,000,000.00) to cover all professional services rendered pursuant to this Contract.

B. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.

Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or

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maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.

SECTION 10. NON-DISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.

SECTION 13. GOVERNING LAW.

City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.

This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

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SECTION 15. CONFIDENTIAL INFORMATION.

All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.

SECTION 16. OWNERSHIP OF MATERIALS.

All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES.

The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER.

Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS.

Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

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SECTION 21. NOTICES.

All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY
City Clerk
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
Community Action Board of Santa Cruz
County, Inc.
406 Main Street, Suite 207
Watsonville, CA 95076
(831) 763-2147
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, City Manager ProTempore
ATTEST:

BY
______________________________
Beatriz Vázquez Flores, City Clerk
APPROVED AS TO FORM:

BY
______________________________
Samantha W. Zutler, City Attorney

CONSULTANT

COMMUNITY ACTION BOARD OF SANTA
CRUZ COUNTY, INC.

BY_________________________________
Maria Elena De La Garza, Executive
Director

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant shall provide professional consulting services during the term of the contract.

Specific types of services to be provided include, but are not limited to the following:
- Collaborative planning
- Capacity building
- Strategic program development
- Implementation of Trauma Informed Multidisciplinary Critical Incident Response Team (MDT)
- Direct services to the individuals/families referred to the MDT The Consultant will also provide trainings to the Watsonville Police Department personnel and the MDT program partners.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed during the term of the Contract.

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EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $150,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:

Expenses Cost
- Collaborative planning
- Capacity building
- Strategic program development
- Implementation of Trauma
Informed Multidisciplinary Critical
Incident Response Team (MDT)
- Direct services to the
individuals/families referred to the
MDT
- Training to the Watsonville Police
Department and MDT program
partners
$150,000
Total $150,000
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

Reso No. (CM)
Meeting Date: 032222 1
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A CONTRACT BETWEEN THE CITY OF

WATSONVILLE AND PAJARO VALLEY PREVENTION AND STUDENT
ASSISTANCE PROGRAM, INC., A CORPORATION, FOR

COLLABORATIVE PLANNING, CAPACITY BUILDING, STRATEGIC

PROGRAM DEVELOPMENT AND DIRECT SERVICES IN THE

IMPLEMENTATION OF THE TRAUMA INFORMED MULTIDISCIPLINARY

CRITICAL INCIDENT RESPONSE TEAM FOR THE PERIOD OF
FEBRUARY 15, 2022 THROUGH FEBRUARY 14, 2023 IN AN AMOUNT NOT TO EXCEED $160,327, AND AUTHORIZING AND DIRECTING THE

CITY MANAGER OR DESIGNEE TO EXECUTE SAME
WHEREAS, the Pajaro Valley Prevention and Student Assistance Program will provide support in collaborative planning, capacity building, strategic program development and direct services under the Trauma Informed Multidisciplinary Critical Incident Response Team.

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

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA). This Resolution is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the one-year Contract between the City of Watsonville and Pájaro Valley Prevention and Student Assistance Program, Inc., a corporation, in an amount not

Reso No. (CM)
Meeting Date: 011122 2
to exceed $160,327, a copy of which Contract is attached hereto and incorporated herein by this reference, for the period of February 15, 2022 through February 14, 2023 to support collaborative planning, capacity building, strategic program development and first year implementation of the Trauma Informed Multi-Disciplinary Critical Incident Response Team, is fair and equitable and is hereby approved.

3. That the City Manager Pro Tempore be and is hereby authorized and directed to execute Contract for and on behalf of the City of Watsonville in the form attached hereto with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
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CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF WATSONVILLE AND PAJARO VALLEY PREVENTION AND

STUDENT ASSISTANCE PROGRAM
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Pajaro Valley Prevention an Student Assistance Program, hereinafter called "Consultant."

WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.

Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT............................................................................ 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 2 SECTION 8. INDEMNIFICATION.................................................................................... 2 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION........................................................................... 4 SECTION 11. TERMINATION......................................................................................... 4 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 4 SECTION 13. GOVERNING LAW................................................................................... 4 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 4 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 5 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 5 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 5 SECTION 18. WAIVER. .................................................................................................. 5 SECTION 19. CONFLICT OF INTEREST....................................................................... 5 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 5 SECTION 21. NOTICES. ................................................................................................ 6 SECTION 22. EXHIBITS:................................................................................................ 6 o-0-o

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THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

Consultant shall perform those services as specified in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT.

The term of this Contract shall be from February 15, 2022 to February 14, 2023 inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE.

The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.”
SECTION 4. COMPENSATION.

The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 5. METHOD OF PAYMENT.

Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT.

It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY.

Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying

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upon the skill and knowledge of Consultant to perform said services and duties.

Consultant shall defend, indemnify and hold harmless City, its officers and employees, against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.

SECTION 9. INSURANCE.

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force throughout the term of this Contract a professional liability insurance policy (Errors and Omissions), in a company authorized to issue such insurance in the State of California, with limits of liability of not less than One Million Dollars ($1,000,000.00) to cover all professional services rendered pursuant to this Contract.

B. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.

Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or

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maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.

SECTION 10. NON-DISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.

SECTION 13. GOVERNING LAW.

City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.

This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

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SECTION 15. CONFIDENTIAL INFORMATION.

All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.

SECTION 16. OWNERSHIP OF MATERIALS.

All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES.

The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER.

Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS.

Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

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SECTION 21. NOTICES.

All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY
City Clerk
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
Pajaro Valley Prevention and Student
Assistance Program
335 E. Lake Avenue
Watsonville, CA 95076
(831) 728-6445
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, City Manager ProTempore
ATTEST:

BY
______________________________
Beatriz Vázquez Flores, City Clerk
APPROVED AS TO FORM:

BY
______________________________
Samantha W. Zutler, City Attorney

CONSULTANT

PAJARO VALLEY PREVENTION AND

STUDENT ASSISTANCE PROGRAM
BY_________________________________
Erica Padilla-Chavez, Chief Executive
Officer

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant shall provide professional consulting services during the term of the contract.

Specific types of services to be provided include, but are not limited to the following:
- Collaborative planning
- Capacity building
- Strategic program development
- Implementation of Trauma Informed Multidisciplinary Critical Incident Response Team (MDT)
- Direct services to the individuals/families referred to the MDT The Consultant will also provide trainings to the Watsonville Police Department personnel and the MDT program partners.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed during the term of the Contract.

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EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $160,327.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:

Expenses Cost
- Collaborative planning
- Capacity building
- Strategic program development
- Implementation of Trauma
Informed Multidisciplinary Critical
Incident Response Team (MDT)
- Direct services to the
individuals/families referred to the
MDT
- Training to the Watsonville Police
Department and MDT program
partners
$160,327
Total $160,327
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

4/18/22, 12:14 PM City of Watsonville Mail - Item 13B
https://mail.google.com/mail/b/ALGkd0y3_YCph0YhuKnLIIK010hmwGEM1vfMYjCP4n3uA2cCfLVF/u/0/?ik=75b13c09ef&view=pt&search=all&permthi… 1/1 City Council <[email protected]>
Item 13B
1 message
Adriana Mata <[email protected]> Tue, Apr 12, 2022 at 3:22 PM To: "[email protected]" <[email protected]> Cc: Jorge Zamora <[email protected]>
Good evening, City Council members,
My name is Adriana Mata, and I am the Director of Programs at Pajaro Valley Prevention and Student Assistance. I was not able to attend the meeting in person to share my support and excitement for the City of Watsonville. The Department of Corrections has provided this collaborative the opportunity to implement trauma informed care services; to families that have been impacted by trauma in our community. As an agency working with youth and families that are affected by mental health, PVPSA knows that it is imperative that a youth/family are connected to services immediately after they experience a traumatic event. With the development and implementation of this MDT families would not only be linked to resources but will receive follow-up care and be connected to the needed supports by members of this collaborative that hold over 30 years of collective experience serving members of this community.

The MDT team looks forward for the opportunity to continue to work collectively with the city of Watsonville, our collaborative partners, and most importantly the members of this community and together establish a trauma informed community.

In community,
Adriana Mata
Adriana Mata | Director of Youth Programs
Pronouns: (She, Her, Hers)
Pajaro Valley Prevention & Student Assistance, Inc
240 East Lake Avenue, Watsonville, CA 95076
831-722-2416 | Mayou Family Center |831-728-6445
Administration |831-728-6476

4/18/22, 12:13 PM City of Watsonville Mail - 13.B Agenda Item: In Support of Behavioral Health Justice Intervention Services (BHJIS) Project Grant https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permthid=thread-f%3A1729950429688621052&simpl=msg-f%3A1729950429… 1/2 Irwin Ortiz <[email protected]>

13.B Agenda Item: In Support of Behavioral Health Justice Intervention Services (BHJIS) Project Grant
1 message
Maria Rodriguez <[email protected]> Tue, Apr 12, 2022 at 5:21 PM To: "[email protected]" <[email protected]> Cc: "[email protected]" <[email protected]>, Tamara Vides <[email protected]>
Good afternoon, Mayor Parker, and City Council Members, My name is Maria Rodriguez-Castillo, Programs Director with Community Action Board (CAB) of Santa Cruz County Inc. I am writing in support of the upcoming BHJIS project in collaboration with WPD and the Trauma Informed Multi-Disciplinary Critical Incident Response Team. These efforts are aligned with the mission of Community Action Board and ALCANCE’s Luna y Sol Familia Center in providing wrap-around services to youth and their families , including members of our community at large. These funds will support the hiring of 2 Youth Specialist/Case Managers to provide linkages and supportive services.

Please accept this statement as CAB’s commitment in this project, as I will not be able to attend today’s meeting.

Thank you so much for your collaboration with CAB.

DWC Newsletter: https://conta.cc/3uqmRKJ
Maria Rodriguez-Castillo, [Ella/She/Her]
Alcance/DWC Programs Director
Community Action Board of Santa Cruz County, Inc.
406 Main St., Suite 203, Watsonville, CA 95076
Email: [email protected]

4/18/22, 12:13 PM City of Watsonville Mail - 13.B Agenda Item: In Support of Behavioral Health Justice Intervention Services (BHJIS) Project Grant https://mail.google.com/mail/u/0/?ik=b11e076089&view=pt&search=all&permthid=thread-f%3A1729950429688621052&simpl=msg-f%3A1729950429… 2/2 Tel: 831.763.2147 ext. 208| Direct Line: 831.274-3154 | Cell: 831.840.7501 | Alcance Fax: 831.724-0200| DWC Fax: (831) 475-1041
Website: CAB: http://cabinc.org/
Alcance: https://cabinc.org/alcance/
DWC: http://dayworkercentersc.org/

JORGE ZAMORA, CHIEF OF POLICE

WATSONVILLE POLICE DEPARTMENT
APRIL 12, 2022
Trauma Informed Multi-Disciplinary
Critical Incident Response Team

Background

Current Need
The purpose of the MDT is to address trauma and to provide linkages to services as needed to those individuals and/or families impacted by trauma. Collaborators will provide services that are:

1. Integrated

2. Comprehensive

3. Culturally Responsive

4. Trauma-Informed

5. Evidenced Based/Best Practice manner

System Partners providing direct services
- Pajaro Valley Prevention & Student Assistance, Inc. (PVPSA) - Community Action Board (CAB)
- Monarch Services
- Applied Survey Research (ASR)

Implementation
The MDT Coordinator will oversee and lead the Multidisciplinary Team ◦ The Coordinator will provide prompt referrals to the MDT for supportive, trauma-informed assessments, linkage and care for individuals and families System Partners:
◦ Provide an equitable system of intervention and care.

Behavioral Health Justice Intervention
Services Grant (BHJISG)
BHJISG awarded the City of Watsonville a grant in the amount of $481,327 Grant Term: February 15, 2022 through February 14, 2023 Purpose:
◦ Collaborative Planning
◦ Capacity Building
◦ Strategic Program Development
◦ Implementation of MDT

Council Strategic Plan & Ad Hoc
Recommendations
The BHJIS grant supports the Council’s Strategic plan of:
5 – Community Engagement & Well-Being – Strengthen Community Partnerships 6 – Public Safety – Community Policing
Aligns with the Ad-Hoc Committee Recommendations on Policing and Social Equity Recommendation 1: Mental Health and Police Involvement
Recommendation 7: Develop Partnership and Collaboration Opportunities Recommendation 8: Community Engagement
Recommendation 9: Social Equity

Staff Recommendations
Staff recommends that the City Council consider approving the following:

1. Accepting the Behavioral Health Justice Intervention Services grant in the amount of $481,327 for the period of February 15, 2022 through February 14, 2023

2. Contract for Consultant Services between the City of Watsonville and Pajaro Valley Prevention and Student Assistance Program in the amount of $160,327 for the period of February 15, 2022 through February 14, 2023

3. Contract for Consultant Services between the City of Watsonville and Community Action Board of Santa Cruz County, Inc. in the amount of $150,000 for the period of February 15, 2022 through February 14, 2023

Conclusion

4/8/2022 2:20:29 PM
C:\Program Files\eSCRIBE\TEMP\14202143256\14202143256,,,Executive Team Compensation Adjustments.docx Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: CITY MANAGER PRO TEMPORE VIDES
SUBJECT: EXECUTIVE TEAM COMPENSATION ADJUSTMENTS
STATEMENT OF ISSUES:

The Watsonville Executive Team is composed of eleven department directors who are responsible for the oversight and management of all City departments and operations. The City Manager Pro Tempore discussed and recommended to the Council that the compensation structure of the Executive Team be more closely aligned with those of comparable cities to help address immediate issues of attraction, retention, and internal equity and compaction faced in the City of Watsonville.

RECOMMENDED ACTION:

It is recommended that the City Council adopt a resolution rescinding and replacing the City of Watsonville Compensation and Benefit Plan for members of the Executive Team.

DISCUSSION:

The City of Watsonville has continued to struggle to attract and retain members of the Executive Team. Attracting and retaining experienced department directors in today’s competitive job market is critical for the operations of the City. It is necessary to address these concerns immediately as we are in the process of hiring an IT Director and are actively trying to retain current directors in a job market with many attractive openings. With recent hires, the City has had to offer top step in the salary range in order to attract high qualified individuals for these critical positions. Furthermore, this action will help address some inequities across the organization where other management classifications may earn similar salaries to department directors potentially creating compaction issues.

The goal of this action is to proactively address attraction, retention, and compaction issues to ensure a high quality and committed Executive Team to oversee the complex operations and issues facing our community.

It is proposed that the compensation of the Executive Team be adjusted to be more aligned with those of comparable cities. Generally, in our comparable cities, the salaries of department directors are either the same for all members of the team or in two bands commensurate to the complexity and workload associated with managing departmental operations. In Watsonville, salaries of the Executive Team have historically been set at

4/8/2022 2:20:29 PM
C:\Program Files\eSCRIBE\TEMP\14202143256\14202143256,,,Executive Team Compensation Adjustments.docx various levels rather than in bands creating inequities among the directors who have similar levels of responsibility.

It is now proposed that the City create two salary bands for members of the Executive Team to reflect common practice and address equity issues. The Tier A band utilizes the current Police Chief salary as the benchmark and the Tier B salary utilizes the Fire Chief as a benchmark with minor adjustments based on scheduled increases. The total cost of the proposed rebanding of salaries is $52,797 and not all positions will receive an increase. The table below shows the proposed monthly salary of all directors:

DIRECTOR Current top step Proposed top step
Tier A
Assistant City Manager $16,033 $16,964
Police Chief $16,964 $16,964
Public Works $16,964 $16,964
Tier B
Admin Services $15,265 $15,772
Airport $14,969 $15,772
Community Development $15,264 $15,772
Deputy City Manager $15,265 $15,772
Fire Chief $15,694 $15,772
Information Technology $15,265 $15,772
Library $14,969 $15,772
Parks and Community Services $15,265 $15,772
In addition to the proposed re-banding of the salaries resulting in salary adjustments for some directors, all Executive Team members are eligible to receive a matching contribution not to exceed $50 per pay period to a deferred compensation plan if they elect to participate. This will be effective in the first pay period after July 1, 2022. All of our comparable cities offer additional monetary benefits that are not currently offered to Watsonville department directors such as car and technology allowance, performance pay, educational incentives, etc. Adding this benefit is another step that will help the City stay competitive. The potential maximum cost of this contribution is $14,300 total per year.

STRATEGIC PLAN:

The proposed re-banding and deferred compensation contribution for the Executive Team are aligned with the Council’s strategic priorities: 2-Fiscal Health and 7-Efficient and High Performing Government.

FINANCIAL IMPACT:

The proposed salary adjustment and deferred compensation contribution may have a total annual cost of $67,097 for the entire Executive Team and can be absorbed in the current departmental budgets.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

RESCINDING THE COMPENSATION AND BENEFITS PLAN FOR

ASSISTANT CITY MANAGER, DEPARTMENT DIRECTORS, DEPUTY CITY

MANAGER, CHIEFS OF POLICE AND FIRE (EXECUTIVE TEAM)
APPROVED BY RESOLUTION NO. 202-21 (CM) AND APPROVING A

REVISED COMPENSATION AND BENEFITS PLAN FOR ASSISTANT CITY

MANAGER, DEPARTMENT DIRECTORS, DEPUTY CITY MANAGER,

CHIEFS OF POLICE AND FIRE (EXECUTIVE TEAM)
WHEREAS, on July 6th, 2021, the City Council of City of Watsonville approved a Compensation and Benefits Plan (Plan) for the Assistant City Manager, Department Directors, Deputy City Manager, and Chiefs of Police and Fire (Executive Team); and WHEREAS, the Plan sets benefits for the Executive Team; and WHEREAS, Executive Team members are exempt from the Fair Labor Standards Act (FLSA), are at-will employees, serve at the pleasure of the City Manager and can be terminated with or without notice or cause and with no rights of appeal; and WHEREAS, The City Council wishes to adjust certain benefits provided by the City and memorialized in the Plan, and make other minor revisions to the Plan.

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

That the City Council hereby rescinds the City of Watsonville Compensation and Benefits Plan for Assistant City Manager, Department Directors, Deputy City Manager, and Chiefs of Police and Fire (Executive Team) adopted pursuant to Resolution No. 202- 21 (CM) on July 6th, 2021, and replaces it with the Compensation and Benefits Plan for Assistant City Manager, Department Directors, Deputy City Manager, and Chiefs of Police and Fire (Executive Team) attached hereto as Exhibit A. ******************************

CITY OF WATSONVILLE

COMPENSATION AND BENEFITS PLAN

ASSISTANT CITY MANAGER, DEPARTMENT DIRECTORS, DEPUTY CITY

MANAGER, CHIEFS OF POLICE AND FIRE
EFFECTIVE FIRST FULL PAY PERIOD ON OR AFTER JULY 1, 2021 Purpose and Intent: On May 14, 2019, the City Council adopted a resolution No. 65-19 (CM) extracting the at-will, general service positions from the Management Bargaining Unit. This Compensation and Benefits Plan (Plan) is intended to establish compensation, benefits and conditions of employment for all at-will positions including the Assistant City Manager, Department Heads, Deputy City Manager, Police Chief, and Fire Chief. These positions are exempt from the Fair Labor Standards Act (FLSA), are at-will employees, serve at the pleasure of the City Manager and can be terminated with or without notice or cause and with no rights of appeal.
1) SALARY BAND—EXECUTIVE TEAM
a) The City will now maintain two salary bands for members of the Executive Team.

Current Executive Team Employees will remain in their existing salary step.

EXECUTIVE TEAM DIRECTOR
Tier A
Assistant City Manager
Police Chief
Public Works
Tier B
Admin Services
Airport
Community Development
Deputy City Manager
Fire Chief
Information Technology
Library
Parks and Community Services
Exhibit "A"

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2) SALARY SCHEDULE
a) Starting on the first pay period after enactment of this Plan, the top step for Tier A is $16,964.78 per month and the top step for Tier B shall be $15,773.31 per month.

Executive
Tier A
Step 0 Step 6
Monthly 12,659.36 16,964.78
Hourly 73.03 97.87
Executive
Tier B
Step 0 Step 6
Monthly 11,711.72 15,773.31
Hourly 67.57 91.00
b) Effective on the first full pay period on or after July 1, 2022, all salaries shall be increased by 2.5%
3) ONE TIME PANDEMIC RELIEF
a) On the first full pay period after City Council approval and unit ratification, all positions under this Compensation and Benefits Plan shall receive a $1000 one-time payment in recognition of the unique workplace challenges brought upon by the pandemic. For employees hired after. April 1, 2020 this one-time payment will be prorated by months of service 4) DEFERRED COMPENSATION
a) Employees may participate in the Deferred Compensation Plan currently. Employees must contribute to deferred compensation plan in order to receive the following matching City contributions. The City will match contributions of up to $50 per pay check to the deferred compensation plan offered by the City effective the first pay period after July 1, 2022.
5) RETIREMENT
a) Retirement Contribution
i) Miscellaneous Employees Retirement Plan. The City provides the California Public Employees’ Retirement System (CalPERS) 2% @ 55 retirement program plan for Miscellaneous employees hired before July 1, 2011, including CalPERS Section 20862.8 - Credit for Unused Sick Leave. Employees shall pay the full 7% of the employee share.
ii) Miscellaneous Employees Two-Tier Retirement Plan. The City shall provide the CalPERS 2% @ 60 retirement program plan for Miscellaneous employees hired on or after July 1, 2011 or upon effective date of CalPERS contract amendment including CalPERS Section 20862.8 - Credit for Unused Sick Leave.

Exhibit "A"

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Final compensation for employees hired on or after July 1, 2011 will be based on the average of the highest wages earned in any consecutive 3-year period.

Employees shall pay the full 7% of the employee share.
iii) Miscellaneous Employees PEPRA Tier Retirement Plan. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall provide the CalPERS 2% at 62 retirement plan for Miscellaneous employees hired on or after January 1, 2013 or as soon as administratively possible. Final compensation will be based on the average of the highest wages earned in any consecutive 3-year period.
(1) Miscellaneous Employees PEPRA Retirement Contribution. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), Miscellaneous employees hired on or after January 1, 2013 shall pay at least 50% of normal cost of pension or what is determined by CalPERS to be the employee contribution rate.
iv) Public Safety Employees Retirement Plan. Public Safety members of the Management Unit hired prior to July 1, 2011 shall be subject to the same CalPERS retirement program plan provisions outlined in the appropriate public safety bargaining unit MOU.
(1) Public Safety Employees Two-Tier Retirement Plan. Public Safety members of the Management Unit hired on or after July 1, 2011 shall be subject to the same Two-Tier CalPERS retirement program plan provisions outlined in the appropriate public safety bargaining unit MOU. Employees shall pay the full nine percent (9%) of the employee share effective on or after July 1, 2013.
(2) Public Safety Employees PEPRA Tier Retirement Plan. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall provide the CalPERS 2.7% at 57 retirement plan for Public Safety employees hired on or after January 1, 2013 or as soon as administratively possible. Final compensation will be based on the average of the highest wages earned in any consecutive 3-year period. Employee will pay the full nine percent (9%) of the employee share effective the first full pay period on or after July 1, 2013.
(a) Public Safety Employees PEPRA Retirement Contribution. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), Public Safety employees hired on or after January 1, 2013 shall pay at least 50% of normal cost of pension or what is determined by CalPERS to be the employee contribution rate.
b) Retirement Tax Deferment: The City shall maintain the IRS Sec. 414(h)(2) provision allowing employees to make employee retirement contributions with pretax (tax deferred) dollars.

Exhibit "A"

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6) ADMINISTRATIVE LEAVE
a) Employees shall receive Administrative Leave of 13.5 days per year beginning the first full pay period on or after July 1, 2019. Unused Administrative Leave as of June 30 shall be paid off at the regular rate of pay the succeeding month. b) Employer shall pro-rate Administrative Leave up to a maximum of 8.66 hours per month for new hires and for every month during the fiscal year for which an employee was employed before termination of City service.
7) OVERTIME PAY-DISASTER RESPONSE
a) Not withstanding that employees are exempt from the FLSA, upon issuance of a Proclamation of a local emergency by the City Council or the Director of Emergency Services pursuant to Chapter 2 of Title 4 of the Municipal Code, Unit employees are eligible for overtime compensation. Such overtime eligibility shall cease when the City Manager determines that the disaster response has ended. 8) AUTO
a) Mileage reimbursement for Unit employees shall be at the Federal IRS allowable reimbursement rate.
9) AT-WILL STATUS AND SEVERANCE PAY
a) As provided in Section 1001 of the City Charter, the City Manager, City Clerk, City Attorney, and each Department head are in the general service (i.e. at-will). Section 800 of the City Charter provides that the City Council shall establish by ordinance, not inconsistent with the Charter for the organization, conduct and operation of several offices, departments, and other agencies of the City. Section 800 goes on to provide that the City Council may also by ordinance establish additional departments and/or alter or abolish existing departments and/or assign and reassign duties and responsibilities to departments.

At-will status shall mean the right to terminate the employment relationship for any reason, with or without cause, with or without notice, without further obligation or liability except for the severance pay
The City need not state reasons for release of such identified at-will or general service employees, and such employees have no right or expectation to have release or postrelease proceedings, hearings, or appeals, except persons subject to the Public Safety Officer Procedural Bill of Rights (Govt. Code Section 3300 et seq). Specifically, the Chief of Police shall be afforded the protections of subdivision (c) of Section 3304 of the Government Code.

As of the date of this Compensation Plan, the following positions are at-will and subject to general service. These employees have no right to return to employment in a former Exhibit "A"

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position or a right to employment in a former position, or a right to employment in any other position within the City by reason of their employment status:

Community Development Director
Administrative Services Director
Library Director
Parks and Community Services Director
Public Works and Utilities Director
Information Technology Director
Airport Director
Assistant City Manager
Deputy City Manager
Fire Chief
Police Chief
No statement, whether oral or written, or conduct may change such status, except a formal resolution of the Council resolved at a duly held meeting adopting a change of the terms of this MOU. Apart from the Council at a duly noticed meeting no person employed by the City has the authority to modify the at-will or general service status of such of head of department employees.
b) Such at-will general service employees shall be entitled to receive three months severance pay if involuntarily terminated by the City. Excluded from the severance pay provision are terminations for illegal activities, gross malfeasance or dereliction of duties or absence from employment without a good cause. 10) Special Provisions-Public Safety
a) Uniform Allowance Uniform allowance shall be -Seven Hundred ($700.00) Dollars per year for public safety members of the Management Unit for the purchase and maintenance of required uniform items and footwear.
11) Bilingual Pay
a) Eligibility for Level I Written and/or Conversational Premium Pay:

In order to receive Level I Written and/or Conversational Bilingual Premium Pay employees proficient in the Spanish language must meet the following criteria:
i) The employee must pass the City’s bilingual competency test as administered by the Human Resources Department on an annual basis to maintain the premium pay. The City Manager may waive the annual testing requirement for individuals upon recommendation of the Department Head. Annual basis refers to fiscal year; and
ii) The employee is required to serve as an oral interpreter and provide basic written translations on a regular and on-going basis, as certified by the Department Head Exhibit "A"

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b) Level I Written and Conversational Premium Pay:
i) For employees hired after November 1, 2006 the City shall pay a stipend of $250/month, pro-rated for part time employees.
ii) Employees eligible for Level I Premium Pay before November 1, 2006 shall receive premium pay equal to five percent (5%) of his/her base salary as of November 1, 2006, with the premium rounded to the nearest dollar, and exclusive of any retroactive wage increases provided under this agreement. A list of each employee’s premium pay under this section will be provided to the Unit.

Employees who receive the five percent premium, above, may irrevocably opt into the $250/month stipend specified in (i) above.
c) Level I Conversational Only Premium Pay:
i) For employees who become eligible and receive Level I Bilingual Conversational Premium Pay on or after July 1, 2013 the City shall pay a stipend of $75/month, pro-rated for part-time, regular employees.
ii) Employees currently receiving Level I Written and Conversational Bilingual Premium Pay pursuant to Section 11 shall continue to receive the premium pay. d) Level II Bilingual Translator Premium Pay:
i) In addition to the Level I stipend for Written and Conversational bilingual competency the City will designate a limited number of staff as Level II Bilingual Translators. Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of City residents (i.e. City mailers, City Council minutes, inserts in City utility bills, etc.). Level II Bilingual Translators must meet all requirements under Level I prior to applying for Level II consideration.
(1) Qualified Level II Translators shall receive the Level I stipend as outlined in 11(b)(ii) and an additional $100/month.
(2) To evidence competency as a Level II Translator, employees must pass a skills-based test administered by the City to demonstrate competency in written translation.
12) INSURANCE
a) Health Insurance
Exhibit "A"

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i) The City shall maintain in effect current health insurance coverages for all fulltime Unit employees in the competitive and general services. ii) The City shall contribute the following monthly amounts towards health insurance coverage for full time employees defined above in Section 12.(a)(i) Per employee $1,189.78
iii) If plan contribution increases are necessary for the 2018 and 2019 plan years, the City and Employees contribution shall be shared equally, provided that increased City and Employee contributions do not exceed $45/month per employee.

Increases above $45/month cap are subject to meet and confer process Should insurance plan changes result in City costs below current costs, the intent of the parties is that the savings shall benefit both the bargaining unit and City equally.
iv) Regular part-time employees will be fully covered at the employee only level at the City's expense. The employee shall have the option of covering additional dependents at their own expense. This shall be determined by utilizing the three tier rate which the City has established for the COBRA and other purposes (less any surcharges). To cover one (1) dependent, the employee will pay the difference between the employee only rate and the employee plus one rate. To cover the family, the employee will pay the difference between the employee only rate and the full family rate under the three tiers.

The decision to cover family members shall be made during a one time election when this provision becomes effective. Thereafter, employees may only add or delete family members in accordance with plan rules.
v) For any member of the Unit who uses all leave due to illness or injury, which is not a Workers' Compensation claim, the City shall maintain the health insurance coverage and pay the premium on behalf of the member for an additional thirty (30) days.
vi) The City and the employees agree to jointly participate in the City Employees Health Committee (CEHC) as outlined in the bylaws dated July 1992. b) Long Term Disability Insurance
The City shall continue paying the Long Term Disability Insurance premium c) Life Insurance
Life insurance coverage is Fifty ($50,000) Thousand Dollars for all Unit employees and Two Thousand ($2,000) Dollars per dependents.

Exhibit "A"

Executive Team Compensation Plan 21-23 Page 8 of 9
4/7/2022 2:13 PM
13) LEAVES
a) Vacation Leave
1st year 12 days
2nd year 13 days
3rd year 14 days
4th year 15 days
5 - 10 years 16 days
11+ years 20 days
i) Employees with more than two (2) times their annual vacation accrual on the books shall bring their accrual within the accrual maximum by December 31, 2017. After one year of service, each employee will be expected to take during each year the vacation to which he/she is entitled. After December 31, 2017, when an employee’s vacation balance reaches two times their annual vacation accrual, the employee will not accrue vacation until the vacation balance is below the accrual maximum. If an employee is denied requested vacation due to the needs of the City, the department must send a memo explaining the situation for consideration by the City Manager prior to the employee reaching the maximum accrual. Only the City Manager may grant temporary exceptions to this section in extraordinary circumstances.
b) Holidays
There shall be fourteen (14) holidays per year as specified below:

January 1 (New Year's Day)
January 21 (Martin Luther King Day)
Lincoln's Birthday (Floating holiday)
Third Monday in February (Washington's Birthday)
March 31 (Cesar Chavez Day)
Last Monday in May (Memorial Day)
July Fourth
First Monday in September (Labor Day)
November 11 (Veterans Day)
Thanksgiving Day
Friday following Thanksgiving (in lieu of Election Day) December 24 (in lieu of Admission Day)
December 25 (Christmas Day)
December 31 (in lieu of Columbus Day)
Recognized holidays which fall on Saturday shall be observed on the preceding scheduled work day. Recognized holidays which fall on a Sunday shall be observed on the following scheduled work day.

There will be one (1) floating vacation day credited to each employee on Exhibit "A"

Executive Team Compensation Plan 21-23 Page 9 of 9
4/7/2022 2:13 PM
Lincoln's Birthday, which may be taken pursuant to the City's leave regulations. c) Sick Leave
i) Each employee shall accrue sick leave in the amount of one and one quarter (1- 1/4) days per month of service (10 hours). Sick leave is payable per City Personnel Rules and Regulations.
ii) The maximum accumulation of unused sick leave is 125 days (1,000 hours). Sick leave accumulated in any calendar year in excess of 125 days (1,000 hours) shall be paid at the rate of 50% of such excess on the first payroll of December. The balance of such unused sick leave is lost and the sick leave accrual is reduced to 125 days (1,000 hours).
iii) Unused sick leave may not be used to delay the date of an employee's disability retirement.

Exhibit "A"

4/18/22, 12:14 PM City of Watsonville Mail - Please consider all of the essential workers within the City, deny the motion on page 476 https://mail.google.com/mail/b/ALGkd0y3_YCph0YhuKnLIIK010hmwGEM1vfMYjCP4n3uA2cCfLVF/u/0/?ik=75b13c09ef&view=pt&search=all&permthi… 1/1 City Council <[email protected]>
Please consider all of the essential workers within the City, deny the motion on page 476
1 message
Darren Gertler <[email protected]> Tue, Apr 12, 2022 at 1:56 PM To: City Council <[email protected]>, City Clerk <[email protected]> Please do the correct thing and vote no on the item listed on page 476 of the agenda packet.

It is not fair, just, or transparent to have an item like this listed on page 476. To me this is the same as burying a controversial item at the end of a long agenda hoping that most speakers and constituents are asleep in their beds by this time.

The Executive team claims that they are suffering from low wages, and compaction. The City of Watsonville has hundreds of employees under their supervision that have those exact same issues. The main difference is that these hundreds of employees that could also use an unscheduled raise make less than $100,000 a year.

Also, the executive team did not suffer worse during COVID than the try front line essential workers that kept Watsonville running with their boots on the ground.

I personally worked at food distributions, vaccine clinics, and the Harvest Dr recycling center, all of which put my health and the health of my family at risk. None of these risky un related occupations garnered me a pay increase, I was doing them because I thought there was an air of teamwork here in the City. This unscheduled pay increase for the executive team only is elitist and disgusting.
--
Darren Gertler
Recreation Coordinator
www.watsonvillescienceworkshop.com
(831) 515- 2752, cell
Pro- nouns; He, Him, His. Please let me know what your prefered pronouns are so I can respond to your emails appropriately.

4/12/22, 1:25 PM City of Watsonville Mail - Correction Re: Tonight's City Council Meeting https://mail.google.com/mail/b/ALGkd0xVzAn3Fzm26kO0jUtfNA--HZPPfkpS3Z2_ROPddsqdqAEz/u/0/?ik=75b13c09ef&view=pt&search=all&permthid… 1/1 City Council <[email protected]>
Correction Re: Tonight's City Council Meeting
1 message
Griselda Medina <[email protected]> Tue, Apr 12, 2022 at 12:32 PM To: City Council <[email protected]>, Mayor <[email protected]>, Francisco Estrada <[email protected]>
Correction.

Their contract expires June 30th 2023, not 2022.

Sorry for the error.

Griselda
On Tue, Apr 12, 2022 at 10:45 AM Griselda Medina <[email protected]> wrote:

Tonight's City Council Meeting
Subject: “rescind and replace” proposed on p.466 of tonight’s City Council meeting agenda. EXECUTIVE TEAM COMPENSATION ADJUSTMENTS
Dear Mayor and City Council,
I find it highly unethical to be requesting, at tonight’s City Council agenda page 466, to “rescind and replace” a salary contract that includes salary increases for the Executive Management team while they are under contract through July 2022.

How do the rest of the unions/bargaining units feel about such a move? This is unfair and unethical. This is unprecedented, and a very questionable move. The whole city has attraction, retention, and compaction issues, not just the Executive Team.

As a City Employee and resident or Watsonville, I ask you to please reject such an unfair and unethical request. The Executive Team should wait for their contract to expire just like the rest of us. Approving the “rescind and replace” would open the door for the rest of the bargaining units to request the same.

Thank you.

Griselda Medina
Mid-Management
--
Griselda Medina
Evidence Unit Supervisor
(831) 768-3394
Monday-Thursday 5AM-3PM
Off on Fridays

4/12/22, 12:57 PM City of Watsonville Mail - Fwd: Executive Management team raises? https://mail.google.com/mail/u/0/? k=b11e076089&view=pt&search=all&permmsgid=msg-f%3A1729930286893912600&simpl=msg-f%3A1729930286… 1/1 Irwin Ortiz <[email protected]>
Fwd: Executive Management team raises?
Tue, Apr 12, 2022 at 12:01 PM
From: City of Watsonville Employees <[email protected]> Date: April 8, 2022 at 11:26:33 AM PDT
To: [email protected], [email protected], francisco.estrada@ cityofwatsonville.org, [email protected], [email protected], [email protected], [email protected] Cc: [email protected], [email protected], Joaquin.vasquez@ cityofwatsonville.org, [email protected], [email protected], Mary.stepovich@ cityofwatsonville.org, [email protected], [email protected], [email protected]
Subject: Executive Management team raises?
Dear Mayor and City Council,
We find it highly unethical of Acting CM Tamara Vides to be requesting on Tuesdays city council agenda page 465, to “rescind and replace” a salary contract that includes salary increases for the Executive Management team while they are still under contract and with an upcoming 2.5% increase in July.

How do the rest of the Unions feel about such a move? No one else would be able to “rescind and replace” an existing contract to get a salary increase, so why is it ok for Vides and Executive Management to grant themselves a raise while under contract? right before a new City Manager comes in? The entire City has attraction, retention, and compaction issues not just the Executive team. This is an unfair and an unethical move. The Executive Management team is currently under contract and has a 2.5% increase coming in July, why do they feel the need to amend their existing contract now? Was Vides hoping no one would notice such a questionable move? This is unprecedented and should be a decision left up to our new City Manager and for normal contract negotiations.

We are so grateful for your selection of a new “experienced” City Manager, but he really can’t come fast enough and stop whatever else Acting City Manager Vides might be planning before his arrival.

As City Employees we ask you to please reject such unfair and unethical request. They should wait for their contract to expire just like the rest of us.

Executive Team
Compensation Plan
April 12, 2022

Background

1. Proposed re-banding to address immediate issues of ET:
- Attraction
- Retention
- Compaction/Equity

1. Surveyed salary and benefits of comparable Cities

2. Not changing existing elements of the compensation plan as established for 2021-2023

3. Rebanding and Addressing competitiveness of Watsonville

SALARY

DIRECTORS SALARY
Tier A
Assistant City Manager, Police Chief,
Public Works $16,964
Tier B
Admin Services , Airport, Community
Development, Deputy City Manager, Fire
Chief, Information Technology, Library,
Parks and Community Services
$15,772

Benefits
- A match of $50.00 contribution per pay period to Deferred Compensation plan - All others benefits remain

Council Action
City Council adopt a resolution rescinding and
replacing the City of Watsonville Compensation and
Benefit Plan for members of the Executive Team.