Watsonville City Council
May 10, 2022

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Agenda Report
MEETING DATE: Tuesday, May 10, 2022
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB

COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
SUBJECT: DISCUSSION AND RECOMMENDATION ON A PROPOSED

ORDINANCE THAT AMENDS THE WATSONVILLE MUNICIPAL
CODE RE ADDING CHAPTER 20, ENTITLED “PUBLIC ART
PROGRAM,” TO TITLE 8
STATEMENT OF ISSUES:

Discussion and adoption of a new ordinance establishing a Public Art and Percent for the Arts program.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a new ordinance amending the Watsonville Municipal Code by adding Chapter 20, Entitled “Public Art Program,” to Title 8.

DISCUSSION:

According to Americans for the Arts, “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.”
More specifically, in a report by Metris Arts Consulting, funded by the University of Florida, the authors argue that “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.” In a time marked by social distancing and political polarization, efforts to build stronger social cohesion through the arts are more important than ever.

Background
The City of Watsonville has had a long history of recognizing the value of public art and the important role it plays in supporting a vibrant and culturally diverse community.

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The City’s Mural Policy was adopted by the City Council on March 23, 2004, by Resolution No. 66-04 to establish review criteria for murals visible to the public. Modifications to the Mural Policy were approved by the City Council on April 28, 2009, by Resolution No. 84- 09 to include language intended to promote the development of more murals as well as other artwork in the City.

In a joint meeting on August 10, 2010, the City Council and Redevelopment Agency approved Public Art Program Guidelines, which establish criteria for artwork, including murals, installed on exterior public spaces or private spaces visible from public property or rights of way. As part of the Guidelines, a Public Art Committee was established to develop an annual Public Art Plan and $50,000 was appropriated from the Redevelopment Agency to support its execution. In 2011, the Committee recommended a Two-Year Public Art Plan for the City and on June 28, 2011, in a joint meeting, the City Council and Redevelopment Agency approved the plan by Resolution No. 123-11 (CM) and Resolution No. 22-11 (RA).

On February 1, 2012, the City of Watsonville Redevelopment Agency was dissolved pursuant to the Dissolution Act, Assembly Bill X1 26(ABX1 26) enacted on June 28, 2011. With the dissolution of the Redevelopment Agency, the funds appropriated for the Pubic Art Plan and the Public Art Committee were also dissolved.

In 2019, the Parks and Community Services Department was tasked with reviving the City’s Public Art Program. This initiative was divided into two stages:

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:

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
Phase 1 involved creating a process for the approval of public art projects that are initiated by the community and not funded by the City of Watsonville. This phase was completed in 2019 and the Council adopted a processing fee for Public Art Applications involving art on privately owned commercial property that is visible from public spaces or rights of way during its meeting on October 22, 2019. The Parks and Recreation Commission was also tasked with approving applications for Community Initiated Public Art Projects.

The Planning Commission held a Public Hearing on this item on March 1, 2022. Staff also presented this item to the Parks and Recreation Commission on March 7, 2022. The Planning Commission unanimously approved staff’s recommendation for a fee of .25% of development construction valuation. The Parks and Recreation Commission recommended approval of an increased fee of 1.5%.

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Staff presented the ordinance to the City Council for introduction and first reading on April 12, 2022. At that meeting, the Council approved the first reading of the ordinance with the fee set at 0.75%, and directed staff to remove the option for the developer to provide art in their development in lieu of paying the fee.

At the April 12, 2022 meeting, the Council also asked staff to bring back more information on the potential impact that a 0.75% fee would have on future developments, and how that fee would compare to existing development fees. This staff report provides the requested information.

Consistent with past practice, this item is brought as a second reading. However, Staff recommends that the Council, in light of the additional information presented consider introducing the ordinance again, with the fee set at 0.25%, to ensure that new funding is available to support the arts while not adversely affecting development.

Given the significant changes to the ordinance made by the Council at the April 12 meeting, Staff is providing a redlined version of the original ordinance, and a clean copy of the original ordinance.

Impact of Fee on Development Projects
Development impact fees that the City charges for development projects are intended to account for additional costs incurred by the City as a result of development (per the Mitigation Fee Act). Cities may adopt ordinances that establish additional requirements, such as this proposed Percent for the Arts fee, which are intended for specific purposes. Because these fees add to the cost of development, they may create a barrier to development if a developer cannot afford to pay the required fees for a particular project.

Through this proposed Ordinance, Staff is recommending a fee of 0.25% to balance the priority of establishing a new art fee and the need to continue to support and encourage residential and commercial development. A higher fee could present a barrier to development, and could have a disproportionate effect on smaller developments. The following table demonstrates the valuation of the proposed fee for three sample development projects.

Project Valuation 0.25% 0.50% 0.75% 1.00% 1.25%
Convert bank
to
laundromat $250,000.00 $625.00 $1,250.00 $1,875.00 $2,500.00 $3,125.00 Repairs to
apartment
building
$338,235.00 $845.59 $1,691.18 $2,536.76 $3,382.35 $4,227.94 Convert
vacant
building to
restaurant $1,109,000.00 $2,772.50 $5,545.00 $8,317.50 $11,090.00 $13,862.50 The following chart demonstrates actual development fees that were assessed on sample

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recent development projects and estimated Public Art Fees that would have been assessed, in various percentages, if the proposed fee had been in place at the time. The percentages shown represent the percent of construction value for each fee for each project.

Residential
Development
Commercial
Development
Construction Valuation $8,250,723 $1,700,000
Fire Impact Fee (RES) $48,000 0.58% $0 0.00%
Fire Impact Fee (COM) $0 0.00% $4,570 0.27%
Public Facilities Impact
Fee $26,864 0.33% $4,570 0.27%
Affordable Housing Fee $0 0.00% $9,382 0.55%
Parks/Rec Impact Fee
(RES) $270,000 3.27% $0 0.00%
Parks/Rec Impact Fee
(COM) $0 0.00% $5,712 0.34%
City Wide Traffic Impact
Fee (RES) $96,480 1.17% $0 0.00%
City Wide Traffic Impact
Fee (COM) $0 0.00% $37,146 2.19%
Impervious Area Fee $40,309 0.49% $5,141 0.30%
Groundwater Impact Fee $67,159 0.81% $0 0.00%
Storm Drain Fee $21,500 0.26% $2,856 0.17%
Underground In Lieu Fee $22,432 0.27% $14,256 0.84%
Sanitary Sewer
Connection Fee $93,590 1.13% $54,913 3.23%
Water Connection Fee $121,865 1.48% $10,365 0.61%
Water Meter Fee $49,921 0.61% $44,548 2.62%
Address Assignment 0.00% $308 0.02%
Engineering, Inspection
and Permit Fees $59,146 0.72% $636 0.04%
Total Permit/Impact Fees $917,266 11.12% $194,401 11.44% Art Fee Options

0.25% $20,627 0.25% $4,250 0.25%

0.50% $41,254 0.50% $8,500 0.50%

0.75% $61,880 0.75% $12,750 0.75%

1.00% $75,000 1.00% $17,000 1.00%

1.25% $75,000 1.25% $21,250 1.25%

1.50% $75,000 1.50% $25,500 1.50%
Significance of proposed art in private developments: There are significant community benefits from adding art in places where people live, work and do business. The in-leu

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provision of the proposed ordinance allows developer to invest in these places and diversify the location of art throughout the community. This option encourages the place of art in places other than public places, and does relinquish the requirement of the investment or the approval of the art that is placed in private developments. In-leu art is expected to comply with the same approval from Parks and Community Services Commission.

Percent for the Arts
Phase 2 of the revival of the City’s Public Art Program involves establishing guidelines for the City’s procurement and implementation of public art, as well as the creation of a funding mechanism to support these efforts. For many years, specifically budgeted City funding for public art has been allocated on a per project basis.

In furtherance of creating a more intentional public art program, backed by funding to support implementation, City Staff has researched the implementation of a percent for arts policy/ordinance in both private development and capital projects for Watsonville. City Staff have spent an extensive amount of time researching percent for art policies and public art programs. This research helped guide City Staff to draft the proposed Public Arts Program Ordinance.

In California alone, more than 48 cities have a percent for art policy for private development.

Watsonville’s proposed Public Art Program Ordinance was drafted taking into consideration the following major trends (some of which have been incorporated into the draft Ordinance):
 Most of these cities have created public art programs in their percent of the art ordinances; rather than adopting a policy for the program separate from the ordinance.  Almost all of them offer an in-lieu option paid to a Public Art Trust used for other Public Art program operational needs and specific artworks.
 In most cities, the developer retained the ownership and maintenance responsibilities for the artwork, and was required to go through an approval process led by a Public Art Commission, created by their public art program ordinances/policies.  The overall trend was for the ownership of the artwork to remain with the property owner.

If the property is sold, then the artwork is sold with the property and, in accordance with the Visual Artist Rights Act, an additional payment may be due to the artist.  Most cities recommend that the developer hire an art consultant to guide the art selection and fabrication process or hire Public Art Program staff at a comparable rate.  Many percent for art projects were triggered by a minimum construction cost of between $200,000 and $500,000.
 Some cities have exemptions for houses of worship, nonprofits, low income housing or hospitals. However, staff has been surprised by how few projects are given exemptions and some cities, such as Walnut Creek and Pasadena, offer no exemptions at all. Thus, many residential complexes of three units or more as well as nonprofits were included in the requirement.
 A majority of cities have a Public Art Master Plan to help guide art consultants in choosing artworks in keeping with the chosen priorities of that community as well as to help guide staff in the use of public art funds (Cultural Fund.)
 Most cities hold off on awarding the Certificate of Occupancy until the percent for art requirement has been fulfilled.

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 Additionally, most cities require that the artwork be visible or accessible to the public at least 8 hours a day
The following is an inventory of existing Percent for the Arts programs adopted by nearby jurisdictions.

Jurisdiction Program Details (% for arts)
Santa Cruz County 2% Cost of County funded Construction projects City of Capitola 2% total building valuation (for projects over $250,000) in developer-provided art, or 1% in lieu fee to City
City of Santa Cruz 2% of total eligible City construction costs City of Salinas .5% with a max of $50,000 per City project/ Annual Max $100,000 aggregate
Parallel to conducting this research, staff has also worked closely with both the Watsonville artist community and developers to discuss these trends to draft the proposed ordinance.

Parks and Community Services Staff held a stakeholder meeting on September 13, 2021 with local artists and developers for an initial review of the draft and to set the stage for a future Community Meeting. This stakeholder meeting was attended by 11 artists and developers.

Following the stakeholder meeting, a community meeting was held on September 30, 2021 to inform the public about these efforts and to solicit additional feedback. There were 25 community members in attendance.

Staff also reached out to a list of local developers with an invitation to meet with City staff to discuss the proposed ordinance and answer questions. Staff met with two developers.

Staff from the Arts Council of Santa Cruz County provided technical support and consultation for the planning and implementation of these engagement efforts.

Throughout these meetings, staff received generally positive feedback, with large support for the effort of developing sustainable funding for both visual and performing arts, with an emphasis on uplifting historically underrepresented voices in our community and increasing the presence and funding for art and forms created/led by underrepresented artists.

Watsonville’s Public Art Program/Percent for Art Ordinance Based on the above-mentioned research and community engagement efforts, a Public Art Program ordinance was drafted that incorporated the following:
 The program policy for private development
 Requires payment by private developers prior to issuance of a building permit a fee equal to 0.25% of the total construction cost in-lieu of commissioning artwork in public places, with a maximum of $75,000 per project. On April 12, the Council modified this fee to .75%; the ordinance presented tonight includes the .75% fee;  A requirement that private developers of projects commission original, site-specific artwork for the applicant's development project, with a valuation equal to or greater than the Watsonville Public Art Program allocation;

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 Applies to all new residential development projects of five or more units (including affordable housing), and all commercial and industrial, development projects, with a building valuation of five hundred thousand dollars ($500,000.00) or more and all remodels with a valuation of two hundred and fifty thousand dollars ($250,000) or more;
 Establishes a restricted public art trust account that shall be the Watsonville Cultural Fund that may be used for the commission, acquisition and placement of public art throughout the City;
 Allows developers, for projects where the Watsonville Public Art Program allocation would reach the maximum of $75,000, to pay into the Cultural Fund, or commission original, site-specific artwork for the applicant's development project, donate artwork to the City or incorporate a Cultural Facility into the applicant's development project.

Projects where the Watsonville Public Art Program allocation is less than $75,000 would pay into the Cultural Fund. On April 12, the Council directed staff to remove this option; the ordinance presented tonight does not include this requirement. The revised ordinance requires all developments to pay a fee.  Provides for the creation of a Public Art Advisory Committee appointed by Commission and approved by City Council;
 Lays out the application and design review process for private developers required to commission artwork;
o City Staff reviews the application and related submittals for completeness; then the Community Services Director shall prepare a report for the Public Art Advisory Committee and/or Parks and Recreation Commission, as may be required, recommending approval, denial or continuance for redesign.  Decision by the Commission as to the application may be appealed to the City Council;
 Requires that ownership of the artwork is to remain with the property owner. If the property is sold, then the artwork is sold with the property; The Parks and Community Services Department shall prepare a plan for the Public Art Program and update it annually through the budget process.

Pending Council adoption of this ordinance, staff will hire a consulting firm to create a Public Arts Master Plan, developed through community input. This Master Plan will assist in determining community priorities and opportunities and provide direction for use of the Cultural Fund. Once developed the Master Plan will be presented to the Parks and Recreation Commission and City Council for review and approval. The Master Plan will then be used to develop an annual work plan and budget for the Cultural Fund for consideration by the Parks and Recreation Commission and the City Council.

STRATEGIC PLAN:

This recommendation is consistent with:
#2 Fiscal Health – Sustainable Parks Funding
#3 Infrastructure and Environment – Parks and Road Infrastructure #4 Economic Development
#5 Community Engagement and Well-Being – Parks Accessibility, Services for Youth #6 Public Safety – Youth Development

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#7 Efficient & High Performing Government – Financial Management FINANCIAL IMPACT:

The enactment of this ordinance and fee would create an ongoing and sustainable funding source to allow the City to budget for public art. A restricted public art account (Watsonville Cultural Fund) would be created for the purposes of:

1. The design, acquisition, purchase, commission, installation, placement, improvement, relocation, conservation, and insurance of artwork;

2. Preventative care, maintenance and utility charges related to the artwork;

3. Sponsoring or supporting the performing arts;

4. The acquisition and improvement of real property for the purpose of displaying artwork or conducting performing arts activities;

5. Other City-produced cultural or art education programs;

6. Structures which enable the display of artwork(s);

7. Preparation of site to receive artwork; and

8. Administrative fees/costs.

Future revenue generated from this fee, to be deposited into the Cultural Fund, is difficult to ascertain as revenue is dependent on development that occurs within the City. The following chart shows the estimated revenues that would have been collected during calendar year 2021, based on construction valuation of permitted projects, if the fee was in place at the time.

Fee 0.25% 0.50% 0.75% 1.00% 1.25% 1.50%
Payments to
the Cultural
Fund $321,000 $527,000 $416,024 $478,064 $597,580 $717,096 Potential
Investment in
Private
Developments $75,000 $150,000 $450,000 $525,000 $525,000 $525,000 Total Annual
Art Investment $396,000 $677,000 $866,024 $1,003,064 $1,122,580 $1,242,096 ALTERNATIVE ACTION:

The Council could:
 Pass the Ordinance as revised at the April 12 Council meeting; Conduct a first reading of the Ordinance with changes, such as a fee other than

0.75%, or including the option for developers to provide their own art instead of paying a fee. In this case, the ordinance would return to Council at a subsequent meeting for passage on the consent calendar.
 Take no action. The Ordinance would not move forward.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Ord No. (CM) 1
ri 5/5/2022 11:29:44 PM SWZ ______ TV ______ PCS ______ ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING TITLE 8 (BUILDING REGULATIONS) OF

THE WATSONVILLE MUNICIPAL CODE BY ADDING A NEW CHAPTER
20 ENTITLED PUBLIC ART PROGRAM REQUIREMENTS WHICH

IMPOSES A NEW PUBLIC ART REQUIREMENTS FOR PRIVATE

DEVELOPMENT PROJECTS
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 3 TITLE 8 BUILDING REGULATIONS ............................................................................ 3 CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS ..................................... 3 Sec. 8-20.010 Title ............................................................................................... 3 Sec. 8-20.020 Purpose......................................................................................... 3 Sec. 8-20.030 Definitions. .................................................................................... 3 Sec. 8-20.040 Development subject to provisions of chapter............................... 9 Sec. 8-20.050 Allocation....................................................................................... 9 Sec. 8-20.060 Public artwork application fee for administrative and design review......................................................................................... 14 Sec. 8-20.070 Public artwork application process – artwork on private property. ................................................................................................... 15 Sec. 8-20.080 Final City approval....................................................................... 21 Sec. 8-20.090 Cultural fund account. ................................................................. 23 Sec. 8-20.100 Use of cultural fund account monies. .......................................... 23 Sec. 8-20.110 City’s acceptance of donated artwork.......................................... 26 Sec. 8-20.120 De-accessioning of artwork. ........................................................ 27 Sec. 8-20.130 Ownership and maintenance of artwork. ..................................... 29 Sec. 8-20.140 Compliance. ................................................................................ 31 Sec. 8-20.150 Violations of this chapter. ............................................................ 32 Sec. 8-20.160 Appeal. ........................................................................................ 32 Sec. 8-20.170 Reserved..................................................................................... 32 Sec. 8-20.180 Artwork on public property, performing arts and purchase of real property for public art.................................................................. 32 Sec. 8-20.190 Approval procedures for City public art projects......................... 33 SECTION 2. RECITALS................................................................................................ 34 SECTION 3. REEVALUATION...................................................................................... 34 SECTION 4. SEVERABILITY........................................................................................ 34 SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................... 34 SECTION 6. PUBLICATION. ........................................................................................ 35 SECTION 7. EFFECTIVE DATE. .................................................................................. 35 o-0-o

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WHEREAS, public art has a significant positive economic and cultural impact in the City of Watsonville, which improves the quality of life for those who live or work in the City; and
WHEREAS, the City has authority to impose aesthetic and design conditions on property development, including a condition to either pay a fee to fund public art, or require a contribution of an approved work of art of equivalent value; and WHEREAS, the City Council desires to implement such a program; and WHEREAS, the proposed program, which is modeled closely on the successful policies of other cities in this state, imposes a new public art requirement for private development projects, and provides developers with the option of commissioning public art on the development site or making an in-lieu contribution to the City's public art account (“Watsonville Cultural Fund”); and
WHEREAS, deposits to the Watsonville Cultural Fund account may be used for the commission, acquisition and placement of public art throughout the City, and will be managed by the City's Parks and Community Services staff with guidance from the Public Art Advisory Committee; and
WHEREAS, the artist community has always been a creative force within the City; and
WHEREAS, a new public art requirement for private development will encourage and require works of art in new development in the City, which is important for the vitality of the artist community as well as the quality of life for all Watsonville residents; and, WHEREAS, developers and/or owners shall be encouraged to integrate art from the earliest possible stages of development planning to assure design elements which respond to the unique physical attributes and geographic location of the development

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project; and
WHEREAS, on March 1, 2022, the Planning Commission adopted Resolution No. 05-22 (PC) recommending that the City Council adopt the proposed Public Art Program Ordinance adding Chapter 20 of Title 8 of the Watsonville Municipal Code; and WHEREAS, on March 7, 2022, the Parks and Community Commission approved staff’s recommendation establishing a Public Art Program with a fee of 1.5%.

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 20 entitled Public Art Program Requirements to read in words and figures as follows:

TITLE 8 BUILDING REGULATIONS
CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS
Sec. 8-20.010 Title
This Chapter shall be known as the “Public Art Program Requirements” and is referred to herein as this Chapter.

Sec. 8-20.020 Purpose
The City Council finds and declares:
(a) Cultural and artistic resources, include visual artwork, the performing arts, and architectural resources that enhance the quality of life for individuals living in, working in and visiting the City.
(b) Balanced development of cultural and artistic resources preserves and

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improves the quality of the urban environment, increases real property values, and has a positive economic impact.
(c) As development and revitalization of real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished.

As these opportunities are diminished and urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.
(d) This Chapter is intended to promote the arts in the City of Watsonville by requiring the inclusion of a public artwork component in new development and renovation projects in Watsonville. A policy is hereby established to require certain private developments to use a portion of building development funds for the acquisition and installation of publicly accessible works of art for placement on the development site as a condition of project approval. Developers and/or owners are encouraged to employ Watsonville artists or arts organizations to fulfill the public art requirement.

Sec. 8-20.030 Definitions.

As used in this Chapter, the following terms shall have the meanings set forth hereto or as otherwise specified in the guidelines referenced herein. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
(a) “Allocation for Watsonville Public Art Program” shall mean the percentage of the construction costs which are set aside for the City's Public Art Program.
(b) “Artwork” includes but is not limited to paintings, drawings, murals in any media, stained glass, statues, bas-relief or other sculptures, and any creation under

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“new genres” as defined herein; environmental artworks or public spaces; monuments, fountains, arches or other structures intended for ornament or commemoration; integrated and functional architectural, video and other mediabased elements designed by a qualified artist. For projects that involve no structures, artwork may include a combination of landscape design, natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, sculptures, screens, benches, and other types of street furniture, provided they have been designed by a qualified artist. Artwork may be of a permanent or temporary nature.

The term “Artwork” also includes “Public Art” which is a process that results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; and is unique to its moment in time and place.
(c) “Building Permit Valuation” shall be the same definition as described in Chapter 8-1.109(c) of the Watsonville Municipal Code.
(d) “Community Development Director” shall mean the Community Development Director of the City or his or her designee. (e) “Conservation” encompasses actions taken toward the long-term preservation of cultural property and includes examination, documentation, treatment and preventative care, supported by research and education. Restoration is a type of conservation treatment and specifically refers to an attempt to bring cultural property closer to its original appearance. Stabilization, also a type of conservation, refers to an

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attempt to maintain the integrity of cultural property and to only minimize deterioration. (f) “Cultural Fund” shall mean a special revenue fund established by the City to receive monies from both in lieu contributions made by a developer and/or owner and appropriated according to expenses authorized in section 8-20.100. (g) “De-Accession” refers to the process of permanently removing artwork acquired through the Watsonville Public Art Program as outlined in this Chapter. (h) “Demolition Costs” shall mean payment for any work needed for the removal of buildings or other existing structures from City property. (i) “Design Fees” shall include, but are not limited to, those fees paid to an artist, architect, structural engineer or an appropriate party for the development of a design concept and the preparation of construction drawings. Design fees are separate and apart from the cost of the fabrication and installation of an artwork. (j) “Developer and/or Owner” shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Watsonville), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Chapter.
(k) “Floor Area” is defined in Section 14-18.358 of the Watsonville Municipal Code.
(l) “Freely Accessible” shall mean the artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or obstacles, for a period of at least (10) hours per day, seven (7) days per week. (m) “New Genres” shall include, but are not limited to, sculpture, sound installation, video, film, audio, digital, hybrid and emerging art forms. These works may

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be temporary or permanent in nature.
(n) “Non-Profit” shall mean those entities that have obtained tax exempt status under Section 501(c)(3) of the Internal Revenue Service Code. (o) “Parks and Community Services Director” shall mean the Parks and Community Services Director of the City or his or her designee. (p) “Performing Arts shall mean performances and rehearsals conducted by professional or amateur performers, including theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera (any dramatic performance of which music is an integral part); dance (any form of rhythmical movement); music or concert (any musical performance with live musicians and/or singers).
(q) “Permanent Installation” shall mean artwork designed and fabricated to remain installed for twenty (20) or more years.
(r) “Project” also referred herein as “Development Project” is defined as consisting of all physical changes and improvements necessary to complete a development. Such physical changes shall include the construction of new structures or the remodeling of existing structures on a single parcel. (s) “Public Art Advisory Committee” shall mean a professionally qualified citizen committee recommended by the Watsonville Parks and Recreation Commission and approved by City Council to oversee quality control of the public art program, its projects, and to recommend to the Parks and Community Services Department the sites, scope of project, artworks and artists for the public art projects funded through the Watsonville Cultural Art Fund Account.
(t) “Public Art Program In-Lieu Contribution” shall mean the percentage of

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building development costs required herein.
(u) “Public Art Projects” are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible spaces.
(v) “Publicly Accessible Art” shall mean art that is accessible to the general public.
(w) “Real Property.” That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. (x) “Real Property Acquisition Costs” shall mean payments made for the purchase of parcels of land, existing buildings or structures, and costs incurred by the City for appraisals or negotiations in connection with such purchases. (y) “Qualified Artist” also referred herein as “Artist” shall mean a practicing artist who has demonstrated a high level of accomplishment through a body of work, exhibitions, presentations, or performances. The qualified artist shall have a history of strong conceptual development, as well as possess the ability for skillful execution of tools, materials, and craft. This includes programs rooted in innovative uses of technology, collaborative work, or interdisciplinary projects. The qualified artist shall work primarily in the production of art in unique or limited editions and not for purposes of

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marketing, mass production or advertising.
(z) “Temporary Installation” shall mean artwork intended to remain installed for two (2) years or less.

Sec. 8-20.040 Development subject to provisions of chapter. (a) All new residential development projects of five or more units and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal Code, and all commercial, industrial, and public building development projects involving 2,000 square feet or more of new floor area and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal Code, with a building construction valuation of five hundred thousand dollars ($500,000.00) or more shall be subject to the provisions of this Chapter.
(b) All exterior and interior modifications and additions that include all remodeling of existing residential buildings of five (5) or more units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this Chapter when such remodeling has a valuation of two hundred fifty thousand dollars ($250,000.00) or more, excluding earthquake rehabilitation required for seismic safety.
(c) Buildings designed and dedicated primarily to nonprofit performing arts spaces or museum uses shall not be required to meet the Watsonville Public Art Program Allocation requirement for as long as the performing arts or museum uses are maintained within these buildings.

Sec. 8-20.050 Allocation.
(a) Calculation
(1) Nonresidential Building Developments. Private nonresidential

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building developments and remodeling specified in subsections 8-20.040(a) and 8-20.040(b), respectively, shall devote an amount not less than one-quarter percent (0.25%) of building permit valuation, and not more than $75,000, for acquisition and installation of publicly accessible artwork on the development site. (2) Residential Building Developments. Private residential building developments and remodeling specified in subsections 8-20.040(a) and 8-

20.040(b), respectively, shall devote an amount not less than one-quarter percent (0.25%) of building permit valuation, and not more than $75,000, for acquisition and installation of publicly accessible art on the development site. (b) In-Lieu Contribution
(1) Compliance. At the discretion of the developer and/or property owner, and in lieu of installing on-site public art, a Public Art Program in-lieu contribution shall be placed into the Cultural Fund Account for acquisition and placement of public art throughout the City.
(2) Alternative Compliance. Alternatively, developer and/or owner may, by special application and approval by the City, satisfy up to seventy-five percent (75%) of the Public Art Program in-lieu contribution required hereunder as follows, if approved by the Public Art Advisory Committee. Any remaining in-lieu contribution shall be placed into the Cultural Art Fund Account. (i) Developer and/or owner's inclusion of space within the development project that is generally open to the public during regular business hours and is dedicated by developer and/or owner for regular use as a rotating art gallery, free of charge, will be deemed to satisfy up to

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twenty-five percent (25%) of the Public Art Program in-lieu contribution; and/or
(ii) Developer and/or owner's provision, design and dedication of at least 500 square feet of space within the development project, to be made available to the public for the primary use of arts and cultural programming, may be deemed to satisfy up to fifty percent (50%) of the Public Art Program in-lieu contribution.
(c) Multiple building permits issued within a three-year period for a single project shall be considered in the aggregate in determining the Watsonville Public Art Program allocation.
(d) If the total Watsonville Public Art Program allocation for a project is less than seventy-five thousand dollars ($75,000), the applicant shall pay their Watsonville Public Art Program allocation into the Cultural Fund as the only option for complying with the Watsonville Public Art Program requirement, unless, in the opinion of the Parks & Community Services Director, an alternative option as described in Subsection F below, is deemed appropriate for a particular project. (e) Payment of any required Watsonville Public Art Program allocation shall be received prior to issuance of a City building permit.
(f) If the Watsonville Public Art Program allocation is seventy-five thousand dollars ($75,000) or greater, the applicant shall either:
(1) Pay the Watsonville Public Art Program allocation into the Cultural Fund ("in-lieu fee") prior to issuance of a City Building Permit; or (2) Commission original, site-specific artwork for the applicant's development project, with a valuation equal to or greater than the

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Watsonville Public Art Program allocation in compliance with the guidelines of this Chapter; or
(3) Upon approval from the Parks and Recreation Commission, donate artwork to the City with an appraised value equal to or greater than the Watsonville Public Art Program allocation in compliance with the guidelines of this Chapter; or
(4) Incorporate a Cultural Facility into the applicant's development project, in compliance with the guidelines of this Chapter. (g) Any applicant whose Watsonville Public Art Program allocation is less than seventy-five thousand dollars ($75,000) may voluntarily increase their Watsonville Public Art Program allocation to an amount of seventy-five thousand dollars ($75,000) or greater, and thereby qualify the applicant to fulfill the Watsonville Public Art Program requirement pursuant to Subsection F above.
(h) For the commission of new on-site artwork, applicants are required, at the applicant’s expense, to use a Request for Proposal (“RFP”) process for selecting an artist when the Watsonville Public Art Program allocation exceeds one hundred thousand dollars ($100,000). The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal development, and project oversight. The Parks and Community Services Department shall review the art consultant and RFP information with the applicant prior to releasing the RFP. The RFP will include the following components:
(1) Deadline for submission of requested information;
(2) Information on development project components, including but not limited to goals for the development project and the artwork, scope of work,

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physical description of project site and other physical or legal restrictions which may apply;
(3) Proposal review/selection schedule;
(4) Scope of services;
(5) Artwork budget;
(6) Development project and artwork timelines; and,
(7) Evaluation criteria.
(i) If the Watsonville Public Art Program allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may opt to fulfill the Watsonville Public Art Program requirement by incorporating a Cultural Facility within the development project.

In order to ensure integrated projects, applicants shall submit plans to the Parks and Community Services Department during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. The only acceptable Cultural Facilities are:
indoor and outdoor performing arts spaces that can accommodate a minimum audience of fifty (50), with a performance area of at least five hundred (500) square feet, or exhibition spaces designed for the visual arts. Cultural Facilities must include all amenities for supporting a performance or art exhibition space, including a sound and lighting system, audience seating, separately designated restrooms, and technical space. Cultural Facilities shall be permanent and must be ADA-compliant. Cultural Facilities must be specifically designated as such and cannot be used for any other purpose on an on-going basis. Applicants may receive credit for up to three (3) years of operations, maintenance and programming costs for Cultural Facilities, together with construction costs, toward fulfillment of the minimum Watsonville Public Art Program allocation for their project. The applicant’s proposal for a Cultural Facility shall include a

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plan that identifies key staff, programming goals and an associated budget for a minimum of three (3) years. The proposal shall be approved by the Parks and Community Services Department, monitored by designated City staff, and subject to all applicable federal, state and local laws and regulations. Review and approval of Cultural Facilities shall include review and recommendation by Parks and Recreation Commission. Cultural Facilities are required to display a permanent plaque as outlined in Section 8- 20.080 and are subject to the covenant and maintenance requirements of Section 8-20.130.
(j) Subsequent Removal of Public Art or Alternative Compliance Space. If the developer and/or owner satisfies the public art requirement in accordance with subsection (A)(1), (A)(2), or (B)(2), above, the public art previously installed on the development site or the inclusion and/or dedication of space within the development project may subsequently be removed if the developer and/or owner makes a Public Art Program inlieu contribution equivalent to the original amount to the Cultural Fund Account.

Sec. 8-20.060 Public artwork application fee for administrative and design review.

Applicants shall pay a Public Artwork Application fee with the submission of any Public Artwork Application and/or revised Public Artwork Application to commission public artwork pursuant to this Chapter. The Public Artwork Application fee, hereunder, shall be set by the City Council upon its approval of the City’s Master Fee Schedule.

Application fees set by City Council for the Public Art Program shall not exceed fifteen percent (15%) of the Watsonville Public Art Program allocation, or one hundred thousand dollars ($100,000), whichever is less. Applicants may also be charged a design review fee in addition to the Public Artwork Application fee if the estimated

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budget for the artwork exceeds one hundred thousand dollars ($100,000).

Sec. 8-20.070 Public artwork application process – artwork on private property. (a) In order to ensure integrated projects, applicants choosing to commission new artwork for their project shall submit plans to the Community Development Director during Preliminary Project Review or prior to receiving any discretionary review approvals.

No application for a development permit that is subject to the provisions of this Chapter shall be considered for discretionary approval until the developer and/or owner has submitted a Complete Public Artwork Application, as determined by the Community Development Director in consultation with the Parks and Community Services Director. (b) The City may promulgate submittal requirements, instructions for completing forms, internal procedures for acceptance and filing of applications, and provisions for waiver by administrative guideline. At a minimum, the following information shall be included as part of the applicant’s submittal:
(1) Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; (2) Preliminary plans containing such detailed information as may be required by the Community Development Director to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and the existing neighborhood. Applicants should be involved in the development of the preliminary plans in order to assist in the proper placement of the artwork in relation to their proposed development environment, and to ensure that the artist that is chosen creates an artwork that fits the needs and requirements of both the applicant's project and the Watsonville Public Art Program.

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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 Artwork Donation Application and make a recommendation to the Parks and Recreation

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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 pursuant to the provisions for appeals contained in Part 11, Chapter 14-10 of Title 14 of

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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 work by the same artist;

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(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 of the artwork necessary to conserve the artwork at an appropriate level, and should be

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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.
(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

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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 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

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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 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,

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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 any in-lieu fees.

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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 determines that this action is exempt from CEQA (California Environmental Quality Act)

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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. ***********************************

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ri 5/5/2022 11:29:44 PM5/5/2022 5:25:33 PM5/5/2022 4:03:04 PM5/5/2022 3:24:11 PM SWZ ______ TV ______ PCS ______
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING TITLE 8 (BUILDING REGULATIONS) OF

THE WATSONVILLE MUNICIPAL CODE BY ADDING A NEW CHAPTER
20 ENTITLED PUBLIC ART PROGRAM REQUIREMENTS WHICH

IMPOSES A NEW PUBLIC ART REQUIREMENTS FOR PRIVATE

DEVELOPMENT PROJECTS
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 3 TITLE 8 BUILDING REGULATIONS ............................................................................ 3 CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS ..................................... 3 Sec. 8-20.010 Title ............................................................................................... 3 Sec. 8-20.020 Purpose......................................................................................... 3 Sec. 8-20.030 Definitions. .................................................................................... 3 Sec. 8-20.040 Development subject to provisions of chapter............................... 9 Sec. 8-20.050 Allocation....................................................................................... 9 Sec. 8-20.060 Public artwork application fee for administrative and design review......................................................................................... 14 Sec. 8-20.070 Public artwork application process – artwork on private property. ............................................................................................... 1415 Sec. 8-20.080 Final City approval....................................................................... 21 Sec. 8-20.090 Cultural fund account. ................................................................. 23 Sec. 8-20.100 Use of cultural fund account monies. .......................................... 23 Sec. 8-20.110 City’s acceptance of donated artwork...................................... 2526 Sec. 8-20.120 De-accessioning of artwork. ........................................................ 27 Sec. 8-20.130 Ownership and maintenance of artwork. ..................................... 29 Sec. 8-20.140 Compliance. ................................................................................ 31 Sec. 8-20.150 Violations of this chapter. ............................................................ 32 Sec. 8-20.160 Appeal. ........................................................................................ 32 Sec. 8-20.170 Reserved..................................................................................... 32 Sec. 8-20.180 Artwork on public property, performing arts and purchase of real property for public art.................................................................. 32 Sec. 8-20.190 Approval procedures for City public art projects. ........................ 33 SECTION 2. RECITALS............................................................................................ 3334 SECTION 3. REEVALUATION...................................................................................... 34 SECTION 4. SEVERABILITY........................................................................................ 34 SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................... 34 SECTION 6. PUBLICATION. ........................................................................................ 35 SECTION 7. EFFECTIVE DATE. .................................................................................. 35 o-0-o

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WHEREAS, public art has a significant positive economic and cultural impact in the City of Watsonville, which improves the quality of life for those who live or work in the City; and
WHEREAS, the City has authority to impose aesthetic and design conditions on property development, including a condition to either pay a fee to fund public art, or require a contribution of an approved work of art of equivalent value; and WHEREAS, the City Council desires to implement such a program; and WHEREAS, the proposed program, which is modeled closely on the successful policies of other cities in this state, imposes a new public art requirement for private development projects, and provides developers with the option of commissioning public art on the development site or making an in-lieu contribution to the City's public art account (“Watsonville Cultural Fund”); and
WHEREAS, deposits to the Watsonville Cultural Fund account may be used for the commission, acquisition and placement of public art throughout the City, and will be managed by the City's Parks and Community Services staff with guidance from the Public Art Advisory Committee; and
WHEREAS, the artist community has always been a creative force within the City; and
WHEREAS, a new public art requirement for private development will encourage and require works of art in new development in the City, which is important for the vitality of the artist community as well as the quality of life for all Watsonville residents; and, WHEREAS, developers and/or owners shall be encouraged to integrate art from the earliest possible stages of development planning to assure design elements which respond to the unique physical attributes and geographic location of the development

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project; and
WHEREAS, on March 1, 2022, the Planning Commission adopted Resolution No. 05-22 (PC) recommending that the City Council adopt the proposed Public Art Program Ordinance adding Chapter 20 of Title 8 of the Watsonville Municipal Code; and WHEREAS, on March 7, 2022, the Parks and Community Commission approved staff’s recommendation establishing a Public Art Program with a fee of 1.5%.

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 20 entitled Public Art Program Requirements to read in words and figures as follows:

TITLE 8 BUILDING REGULATIONS
CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS
Sec. 8-20.010 Title
This Chapter shall be known as the “Public Art Program Requirements” and is referred to herein as this Chapter.

Sec. 8-20.020 Purpose
The City Council finds and declares:
(a) Cultural and artistic resources, include visual artwork, the performing arts, and architectural resources that enhance the quality of life for individuals living in, working in and visiting the City.
(b) Balanced development of cultural and artistic resources preserves and

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improves the quality of the urban environment, increases real property values, and has a positive economic impact.
(c) As development and revitalization of real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished.

As these opportunities are diminished and urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.
(d) This Chapter is intended to promote the arts in the City of Watsonville by requiring the inclusion of a public artwork component in new development and renovation projects in Watsonville. A policy is hereby established to require certain private developments to use a portion of building development funds for the acquisition and installation of publicly accessible works of art for placement on the development site as a condition of project approval. Developers and/or owners are encouraged to employ Watsonville artists or arts organizations to fulfill the public art requirement.

Sec. 8-20.030 Definitions.

As used in this Chapter, the following terms shall have the meanings set forth hereto or as otherwise specified in the guidelines referenced herein. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
(a) “Allocation for Watsonville Public Art Program” shall mean the percentage of the construction costs which are set aside for the City's Public Art Program.
(b) “Artwork” includes but is not limited to paintings, drawings, murals in any media, stained glass, statues, bas-relief or other sculptures, and any creation under

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“new genres” as defined herein; environmental artworks or public spaces; monuments, fountains, arches or other structures intended for ornament or commemoration; integrated and functional architectural, video and other mediabased elements designed by a qualified artist. For projects that involve no structures, artwork may include a combination of landscape design, natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, sculptures, screens, benches, and other types of street furniture, provided they have been designed by a qualified artist. Artwork may be of a permanent or temporary nature.

The term “Artwork” also includes “Public Art” which is a process that results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; and is unique to its moment in time and place.
(c) “Building Permit Valuation” shall be the same definition as described in Chapter 8-1.109(c) of the Watsonville Municipal Code.
(d) “Community Development Director” shall mean the Community Development Director of the City or his or her designee. (e) “Conservation” encompasses actions taken toward the long-term preservation of cultural property and includes examination, documentation, treatment and preventative care, supported by research and education. Restoration is a type of conservation treatment and specifically refers to an attempt to bring cultural property closer to its original appearance. Stabilization, also a type of conservation, refers to an

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attempt to maintain the integrity of cultural property and to only minimize deterioration. (f) “Cultural Fund” shall mean a special revenue fund established by the City to receive monies from both in lieu contributions made by a developer and/or owner and appropriated according to expenses authorized in section 8-20.100. (g) “De-Accession” refers to the process of permanently removing artwork acquired through the Watsonville Public Art Program as outlined in this Chapter. (h) “Demolition Costs” shall mean payment for any work needed for the removal of buildings or other existing structures from City property. (i) “Design Fees” shall include, but are not limited to, those fees paid to an artist, architect, structural engineer or an appropriate party for the development of a design concept and the preparation of construction drawings. Design fees are separate and apart from the cost of the fabrication and installation of an artwork. (j) “Developer and/or Owner” shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Watsonville), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Chapter.
(k) “Floor Area” is defined in Section 14-18.358 of the Watsonville Municipal Code.
(l) “Freely Accessible” shall mean the artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or obstacles, for a period of at least (10) hours per day, seven (7) days per week. (m) “New Genres” shall include, but are not limited to, sculpture, sound installation, video, film, audio, digital, hybrid and emerging art forms. These works may

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be temporary or permanent in nature.
(n) “Non-Profit” shall mean those entities that have obtained tax exempt status under Section 501(c)(3) of the Internal Revenue Service Code. (o) “Parks and Community Services Director” shall mean the Parks and Community Services Director of the City or his or her designee. (p) “Performing Arts shall mean performances and rehearsals conducted by professional or amateur performers, including theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera (any dramatic performance of which music is an integral part); dance (any form of rhythmical movement); music or concert (any musical performance with live musicians and/or singers).
(q) “Permanent Installation” shall mean artwork designed and fabricated to remain installed for twenty (20) or more years.
(r) “Project” also referred herein as “Development Project” is defined as consisting of all physical changes and improvements necessary to complete a development. Such physical changes shall include the construction of new structures or the remodeling of existing structures on a single parcel. (s) “Public Art Advisory Committee” shall mean a professionally qualified citizen committee recommended by the Watsonville Parks and Recreation Commission and approved by City Council to oversee quality control of the public art program, its projects, and to recommend to the Parks and Community Services Department the sites, scope of project, artworks and artists for the public art projects funded through the Watsonville Cultural Art Fund Account.
(t) “Public Art Program In-Lieu Contribution” shall mean the percentage of

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building development costs required herein.
(u) “Public Art Projects” are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible spaces.
(v) “Publicly Accessible Art” shall mean art that is accessible to the general public.
(w) “Real Property.” That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. (x) “Real Property Acquisition Costs” shall mean payments made for the purchase of parcels of land, existing buildings or structures, and costs incurred by the City for appraisals or negotiations in connection with such purchases. (y) “Qualified Artist” also referred herein as “Artist” shall mean a practicing artist who has demonstrated a high level of accomplishment through a body of work, exhibitions, presentations, or performances. The qualified artist shall have a history of strong conceptual development, as well as possess the ability for skillful execution of tools, materials, and craft. This includes programs rooted in innovative uses of technology, collaborative work, or interdisciplinary projects. The qualified artist shall work primarily in the production of art in unique or limited editions and not for purposes of

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marketing, mass production or advertising.
(z) “Temporary Installation” shall mean artwork intended to remain installed for two (2) years or less.

Sec. 8-20.040 Development subject to provisions of chapter. (a) All new residential development projects of five or more units and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal Code, and all commercial, industrial, and public building development projects involving 2,000 square feet or more of new floor area and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal Code, with a building construction valuation of five hundred thousand dollars ($500,000.00) or more shall be subject to the provisions of this Chapter.
(b) All exterior and interior modifications and additions that include all remodeling of existing residential buildings of five (5) or more units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this Chapter when such remodeling has a valuation of two hundred fifty thousand dollars ($250,000.00) or more, excluding earthquake rehabilitation required for seismic safety.
(c) Buildings designed and dedicated primarily to nonprofit performing arts spaces or museum uses shall not be required to meet the Watsonville Public Art Program Allocation requirement for as long as the performing arts or museum uses are maintained within these buildings.

Sec. 8-20.050 Allocation.
(a) Calculation
(1) Nonresidential Building Developments. Private nonresidential

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building developments and remodeling specified in subsections 8-20.040(a) and 8-20.040(b), respectively, shall devote an amount not less than onethree-quarter percent (0.275%) of building permit valuation, and not more than $75,000, for acquisition and installation of publicly accessible artwork on the development site. (2) Residential Building Developments. Private residential building developments and remodeling specified in subsections 8-20.040(a) and 8-

20.040(b), respectively, shall devote an amount not less than one-quarterthreequater percent (0.2575%) of building permit valuation, and not more than $75,000., for acquisition and installation of publicly accessible art on the development site. (b) In-Lieu Contribution
(1) Compliance. At the discretion of the developer and/or property owner, and in lieu of installing on-site public art, a Public Art Program in-lieu contribution shall be placed into the Cultural Fund Account for acquisition and placement of public art throughout the City.
(2) Alternative Compliance. Alternatively, developer and/or owner may, by special application and approval by the City, satisfy up to seventy-five percent (75%) of the Public Art Program in-lieu contribution required hereunder as follows, if approved by the Public Art Advisory Committee. Any remaining in-lieu contribution shall be placed into the Cultural Art Fund Account. (i) Developer and/or owner's inclusion of space within the development project that is generally open to the public during regular business hours and is dedicated by developer and/or owner for regular use as a rotating art gallery, free of charge, will be deemed to satisfy up to Formatted: Normal, Indent: Left: 0.5", First line: 0.5", Space Before: 0 pt, Line spacing: Double, No bullets or numbering

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twenty-five percent (25%) of the Public Art Program in-lieu contribution; and/or
(ii) Developer and/or owner's provision, design and dedication of at least 500 square feet of space within the development project, to be made available to the public for the primary use of arts and cultural programming, may be deemed to satisfy up to fifty percent (50%) of the Public Art Program in-lieu contribution.
(c)(b) Multiple building permits issued within a three-year period for a single project shall be considered in the aggregate in determining the Watsonville Public Art Program allocation.
(d) If the total Watsonville Public Art Program allocation for a project is less than seventy-five thousand dollars ($75,000), the applicant shall pay their Watsonville Public Art Program allocation into the Cultural Fund as the only option for complying with the Watsonville Public Art Program requirement, unless, in the opinion of the Parks & Community Services Director, an alternative option as described in Subsection F below, is deemed appropriate for a particular project. (e) Payment of any required Watsonville Public Art Program allocation shall be received prior to issuance of a City building permit.
(f) If the Watsonville Public Art Program allocation is seventy-five thousand dollars ($75,000) or greater, the applicant shall either:
(1) Pay the Watsonville Public Art Program allocation into the Cultural Fund ("in-lieu fee") prior to issuance of a City Building Permit; or (2) Commission original, site-specific artwork for the applicant's development Formatted: Indent: Left: 0", Right: 0", Tab stops: Not at

1.5"

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project, with a valuation equal to or greater than the Watsonville Public Art Program allocation in compliance with the guidelines of this Chapter; or (3) Upon approval from the Parks and Recreation Commission, donate artwork to the City with an appraised value equal to or greater than the Watsonville Public Art Program allocation in compliance with the guidelines of this Chapter; or (4) Incorporate a Cultural Facility into the applicant's development project, in compliance with the guidelines of this Chapter.
(g) Any applicant whose Watsonville Public Art Program allocation is less than seventy-five thousand dollars ($75,000) may voluntarily increase their Watsonville Public Art Program allocation to an amount of seventy-five thousand dollars ($75,000) or greater, and thereby qualify the applicant to fulfill the Watsonville Public Art Program requirement pursuant to Subsection F above.
(h) For the commission of new on-site artwork, applicants are required, at the applicant’s expense, to use a Request for Proposal (“RFP”) process for selecting an artist when the Watsonville Public Art Program allocation exceeds one hundred thousand dollars ($100,000). The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal development, and project oversight. The Parks and Community Services Department shall review the art consultant and RFP information with the applicant prior to releasing the RFP. The RFP will include the following components:
(1) Deadline for submission of requested information;
(2) Information on development project components, including but not limited to goals for the development project and the artwork, scope of work, physical description of project site and other physical or legal restrictions which may apply; Formatted: Normal, Indent: Left: 0", Hanging: 0", Right:

0.01", No bullets or numbering

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(3) Proposal review/selection schedule;
(4) Scope of services;
(5) Artwork budget;
(6) Development project and artwork timelines; and,
(7) Evaluation criteria.
(i) If the Watsonville Public Art Program allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may opt to fulfill the Watsonville Public Art Program requirement by incorporating a Cultural Facility within the development project.

In order to ensure integrated projects, applicants shall submit plans to the Parks and Community Services Department during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. The only acceptable Cultural Facilities are:
indoor and outdoor performing arts spaces that can accommodate a minimum audience of fifty (50), with a performance area of at least five hundred (500) square feet, or exhibition spaces designed for the visual arts. Cultural Facilities must include all amenities for supporting a performance or art exhibition space, including a sound and lighting system, audience seating, separately designated restrooms, and technical space.

Cultural Facilities shall be permanent and must be ADA-compliant. Cultural Facilities must be specifically designated as such and cannot be used for any other purpose on an on-going basis. Applicants may receive credit for up to three (3) years of operations, maintenance and programming costs for Cultural Facilities, together with construction costs, toward fulfillment of the minimum Watsonville Public Art Program allocation for their project. The applicant’s proposal for a Cultural Facility shall include a plan that identifies key staff, programming goals and an associated budget for a minimum of three (3) years. The proposal shall be approved by the Parks and Community Services

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Department, monitored by designated City staff, and subject to all applicable federal, state and local laws and regulations. Review and approval of Cultural Facilities shall include review and recommendation by Parks and Recreation Commission. Cultural Facilities are required to display a permanent plaque as outlined in Section 8- 20.080 and are subject to the covenant and maintenance requirements of Section 8-20.130. (j) Subsequent Removal of Public Art or Alternative Compliance Space. If the developer and/or owner satisfies the public art requirement in accordance with subsection (A)(1), (A)(2), or (B)(2), above, the public art previously installed on the development site or the inclusion and/or dedication of space within the development project may subsequently be removed if the developer and/or owner makes a Public Art Program inlieu contribution equivalent to the original amount to the Cultural Fund Account.

Sec. 8-20.060 Public artwork application fee for administrative and design review.

Applicants shall pay a Public Artwork Application fee with the submission of any Public Artwork Application and/or revised Public Artwork Application to commission public artwork pursuant to this Chapter. The Public Artwork Application fee, hereunder, shall be set by the City Council upon its approval of the City’s Master Fee Schedule.

Application fees set by City Council for the Public Art Program shall not exceed fifteen percent (15%) of the Watsonville Public Art Program allocation, or one hundred thousand dollars ($100,000), whichever is less. Applicants may also be charged a design review fee in addition to the Public Artwork Application fee if the estimated budget for the artwork exceeds one hundred thousand dollars ($100,000).

Sec. 8-20.070 Public artwork application process – artwork on private property. (a) In order to ensure integrated projects, applicants choosing to commission

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new artwork for their project shall submit plans to the Community Development Director during Preliminary Project Review or prior to receiving any discretionary review approvals.

No application for a development permit that is subject to the provisions of this Chapter shall be considered for discretionary approval until the developer and/or owner has submitted a Complete Public Artwork Application, as determined by the Community Development Director in consultation with the Parks and Community Services Director. (b) The City may promulgate submittal requirements, instructions for completing forms, internal procedures for acceptance and filing of applications, and provisions for waiver by administrative guideline. At a minimum, the following information shall be included as part of the applicant’s submittal:
(1) Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; (2) Preliminary plans containing such detailed information as may be required by the Community Development Director to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and the existing neighborhood. Applicants should be involved in the development of the preliminary plans in order to assist in the proper placement of the artwork in relation to their proposed development environment, and to ensure that the artist that is chosen creates an artwork that fits the needs and requirements of both the applicant's project and the Watsonville Public Art Program. (3) The names of all owners and, if a corporation, all officers. (c) Determination of a Complete Public Artwork Application.

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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 in an area open and freely accessible to the general public. (2) Information provided by a conservator affiliated with the American

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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 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

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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 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

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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 environment for the site;
(4) Appropriateness of the design to the function of the site;

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(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; (4) Reproduction of original artworks, except in cases where incorporated into an original artwork;

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(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 Occupancy for any development project subject to this Chapter unless and until all fees required by this chapter have been paid. ull compliance with the Watsonville Public Art

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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) 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 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 Formatted: Normal, Indent: First line: 0.5", Right: 0.05", No bullets or numbering
Formatted: Indent: Left: 0", Right: 0.72"

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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-

20.090(A) above;
(3) To sponsor or support the performing arts;

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(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
(9) Administrative fees/costs as follows: (i) Parks and Community Services Department's administration costs incurred in the process of

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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.

Sec. 8-20.110 City’s acceptance of donated artwork.
(a) Persons, business entities, public agencies, or other organizations wishing

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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 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

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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 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

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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 work by the same artist;
(10) The artwork can be sold to finance, or can be traded for, an artwork of greater importance;

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(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 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.

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(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.
(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

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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 fee. 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 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

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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 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

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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 any in-lieu fees..

SECTION 2. RECITALS.

The City Council finds and determines the foregoing recitals to be true and correct

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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 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

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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. ***********************************

Ord No. (CM)
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING TITLE 8 (BUILDING REGULATIONS) OF

THE WATSONVILLE MUNICIPAL CODE BY ADDING A NEW CHAPTER
20 ENTITLED PUBLIC ART PROGRAM REQUIREMENTS WHICH

IMPOSES A NEW PUBLIC ART REQUIREMENTS FOR PRIVATE

DEVELOPMENT PROJECTS
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 3 TITLE 8 BUILDING REGULATIONS............................................................................... 3 CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS........................................... 3 Sec. 8-20.010 Title ............................................................................................... 3 Sec. 8-20.020 Purpose......................................................................................... 3 Sec. 8-20.030 Definitions. .................................................................................... 4 Sec. 8-20.040 Development subject to provisions of chapter............................... 8 Sec. 8-20.050 Allocation....................................................................................... 9 Sec. 8-20.060 Final City approval....................................................................... 10 Sec. 8-20.070 Cultural fund account. ................................................................. 10 Sec. 8-20.080 Use of cultural fund account monies. .......................................... 10 Sec. 8-20.090 City’s acceptance of donated artwork.......................................... 13 Sec. 8-20.100 De-accessioning of artwork. ........................................................ 14 Sec. 8-20.110 Compliance. ................................................................................ 16 Sec. 8-20.120 Violations of this chapter. ............................................................ 16 Sec. 8-20.130 Appeal. ........................................................................................ 16 Sec. 8-20.140 Reserved..................................................................................... 17 Sec. 8-20.150 Artwork on public property, performing arts and purchase of real property for public art.................................................................. 17 Sec. 8-20.160 Approval procedures for City public art projects.......................... 18 SECTION 2. RECITALS................................................................................................ 18 SECTION 3. REEVALUATION...................................................................................... 18 SECTION 4. SEVERABILITY........................................................................................ 18 SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT...................................... 1 SECTION 6. PUBLICATION. .......................................................................................... 1 SECTION 7. EFFECTIVE DATE. .................................................................................... 1 o-0-o
WHEREAS, public art has a significant positive economic and cultural impact in the City of Watsonville, which improves the quality of life for those who live or work in the City; and

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WHEREAS, the City has authority to impose aesthetic and design conditions on property development, including a condition to either pay a fee to fund public art, or require a contribution of an approved work of art of equivalent value; and WHEREAS, the City Council desires to implement such a program; and WHEREAS, the proposed program, which is modeled closely on the successful policies of other cities in this state, imposes a new public art requirement for private development projects, and provides developers with the option of commissioning public art on the development site or making an in-lieu contribution to the City's public art account (“Watsonville Cultural Fund”); and
WHEREAS, deposits to the Watsonville Cultural Fund account may be used for the commission, acquisition and placement of public art throughout the City, and will be managed by the City's Parks and Community Services staff with guidance from the Public Art Advisory Committee; and
WHEREAS, the artist community has always been a creative force within the City; and
WHEREAS, a new public art requirement for private development will encourage and require works of art in new development in the City, which is important for the vitality of the artist community as well as the quality of life for all Watsonville residents; and, WHEREAS, developers and/or owners shall be encouraged to integrate art from the earliest possible stages of development planning to assure design elements which respond to the unique physical attributes and geographic location of the development project; and
WHEREAS, on March 1, 2022, the Planning Commission adopted Resolution No. 05-22 (PC) recommending that the City Council adopt the proposed Public Art Program

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Ordinance adding Chapter 20 of Title 8 of the Watsonville Municipal Code; and WHEREAS, on March 7, 2022, the Parks and Community Commission approved staff’s recommendation establishing a Public Art Program with a fee of 1.5%.

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 20 entitled Public Art Program Requirements to read in words and figures as follows:

TITLE 8 BUILDING REGULATIONS
CHAPTER 20 PUBLIC ART PROGRAM REQUIREMENTS
Sec. 8-20.010 Title
This Chapter shall be known as the “Public Art Program Requirements” and is referred to herein as this Chapter.

Sec. 8-20.020 Purpose
The City Council finds and declares:
(a) Cultural and artistic resources, include visual artwork, the performing arts, and architectural resources that enhance the quality of life for individuals living in, working in and visiting the City.
(b) Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment, increases real property values, and has a positive economic impact.
(c) As development and revitalization of real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished.

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As these opportunities are diminished and urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.
(d) This Chapter is intended to promote the arts in the City of Watsonville by requiring the inclusion of a public artwork component in new development and renovation projects in Watsonville. A policy is hereby established to require certain private developments to use a portion of building development funds for the acquisition and installation of publicly accessible works of art for placement on the development site as a condition of project approval. Developers and/or owners are encouraged to employ Watsonville artists or arts organizations to fulfill the public art requirement.

Sec. 8-20.030 Definitions.

As used in this Chapter, the following terms shall have the meanings set forth hereto or as otherwise specified in the guidelines referenced herein. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
(a) “Allocation for Watsonville Public Art Program” shall mean the percentage of the construction costs which are set aside for the City's Public Art Program.
(b) “Artwork” includes but is not limited to paintings, drawings, murals in any media, stained glass, statues, bas-relief or other sculptures, and any creation under “new genres” as defined herein; environmental artworks or public spaces; monuments, fountains, arches or other structures intended for ornament or commemoration; integrated and functional architectural, video and other mediabased elements designed by a qualified artist. For projects that involve no structures,

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artwork may include a combination of landscape design, natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, sculptures, screens, benches, and other types of street furniture, provided they have been designed by a qualified artist. Artwork may be of a permanent or temporary nature.

The term “Artwork” also includes “Public Art” which is a process that results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; and is unique to its moment in time and place.
(c) “Building Permit Valuation” shall be the same definition as described in Chapter 8-1.109(c) of the Watsonville Municipal Code.
(d) “Community Development Director” shall mean the Community Development Director of the City or his or her designee. (e) “Conservation” encompasses actions taken toward the long-term preservation of cultural property and includes examination, documentation, treatment and preventative care, supported by research and education. Restoration is a type of conservation treatment and specifically refers to an attempt to bring cultural property closer to its original appearance. Stabilization, also a type of conservation, refers to an attempt to maintain the integrity of cultural property and to only minimize deterioration. (f) “Cultural Fund” shall mean a special revenue fund established by the City to receive monies from both in lieu contributions made by a developer and/or owner and appropriated according to expenses authorized in section 8-20.100.

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(g) “De-Accession” refers to the process of permanently removing artwork acquired through the Watsonville Public Art Program as outlined in this Chapter. (h) “Demolition Costs” shall mean payment for any work needed for the removal of buildings or other existing structures from City property. (i) “Design Fees” shall include, but are not limited to, those fees paid to an artist, architect, structural engineer or an appropriate party for the development of a design concept and the preparation of construction drawings. Design fees are separate and apart from the cost of the fabrication and installation of an artwork. (j) “Developer and/or Owner” shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Watsonville), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Chapter.
(k) “Floor Area” is defined in Section 14-18.358 of the Watsonville Municipal Code.
(l) “Freely Accessible” shall mean the artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or obstacles, for a period of at least (10) hours per day, seven (7) days per week. (m) “New Genres” shall include, but are not limited to, sculpture, sound installation, video, film, audio, digital, hybrid and emerging art forms. These works may be temporary or permanent in nature.
(n) “Non-Profit” shall mean those entities that have obtained tax exempt status under Section 501(c)(3) of the Internal Revenue Service Code. (o) “Parks and Community Services Director” shall mean the Parks and

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Community Services Director of the City or his or her designee. (p) “Performing Arts shall mean performances and rehearsals conducted by professional or amateur performers, including theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera (any dramatic performance of which music is an integral part); dance (any form of rhythmical movement); music or concert (any musical performance with live musicians and/or singers).
(q) “Permanent Installation” shall mean artwork designed and fabricated to remain installed for twenty (20) or more years.
(r) “Project” also referred herein as “Development Project” is defined as consisting of all physical changes and improvements necessary to complete a development. Such physical changes shall include the construction of new structures or the remodeling of existing structures on a single parcel. (s) “Public Art Advisory Committee” shall mean a professionally qualified citizen committee recommended by the Watsonville Parks and Recreation Commission and approved by City Council to oversee quality control of the public art program, its projects, and to recommend to the Parks and Community Services Department the sites, scope of project, artworks and artists for the public art projects funded through the Watsonville Cultural Art Fund Account.
(t) “Public Art Projects” are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics,

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Meeting Date: 041222 8
mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible spaces.
(u) “Publicly Accessible Art” shall mean art that is accessible to the general public.
(v) “Real Property.” That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. (w) “Real Property Acquisition Costs” shall mean payments made for the purchase of parcels of land, existing buildings or structures, and costs incurred by the City for appraisals or negotiations in connection with such purchases. (x) “Qualified Artist” also referred herein as “Artist” shall mean a practicing artist who has demonstrated a high level of accomplishment through a body of work, exhibitions, presentations, or performances. The qualified artist shall have a history of strong conceptual development, as well as possess the ability for skillful execution of tools, materials, and craft. This includes programs rooted in innovative uses of technology, collaborative work, or interdisciplinary projects. The qualified artist shall work primarily in the production of art in unique or limited editions and not for purposes of marketing, mass production or advertising.
(y) “Temporary Installation” shall mean artwork intended to remain installed for two (2) years or less.

Sec. 8-20.040 Development subject to provisions of chapter. (a) All new residential development projects of five or more units and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal

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Code, and all commercial, industrial, and public building development projects involving 2,000 square feet or more of new floor area and subject to design review approval pursuant to Chapter 14-12.400 of the Watsonville Municipal Code, with a building construction valuation of five hundred thousand dollars ($500,000.00) or more shall be subject to the provisions of this Chapter.
(b) All exterior and interior modifications and additions that include all remodeling of existing residential buildings of five (5) or more units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this Chapter when such remodeling has a valuation of two hundred fifty thousand dollars ($250,000.00) or more, excluding earthquake rehabilitation required for seismic safety.
(c) Buildings designed and dedicated primarily to nonprofit performing arts spaces or museum uses shall not be required to meet the Watsonville Public Art Program Allocation requirement for as long as the performing arts or museum uses are maintained within these buildings.

Sec. 8-20.050 Allocation.
(a) Calculation
(1) Nonresidential Building Developments. Private nonresidential building developments and remodeling specified in subsections 8-20.040(a) and 8-20.040(b), respectively, shall devote an amount not less than three-quarter percent (0.75%) of building permit valuation, and not more than $75,000 (2) Residential Building Developments. Private residential building developments and remodeling specified in subsections 8-20.040(a) and 8-

20.040(b), respectively, shall devote an amount not less than three-quarter

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percent (0.75%) of building permit valuation, and not more than $75,000. (b) Multiple building permits issued within a three-year period for a single project shall be considered in the aggregate in determining the Watsonville Public Art Program allocation.
(c) Payment of any required Watsonville Public Art Program allocation shall be received prior to issuance of a City building permit.

Sec. 8-20.060 Final City approval.
(a) 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 Occupancy for any development project subject to this Chapter unless and until all fees required by this chapter have been paid.

Sec. 8-20.070 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. 8-20.080 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,

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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-

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

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Meeting Date: 041222 12
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
(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.

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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.

Sec. 8-20.090 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

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Meeting Date: 041222 14
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 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. 8-20.100 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

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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 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

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Meeting Date: 041222 16
value;
(9) The owner wishes to replace an artwork with a more appropriate 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. 8-20.110 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 fee.

Sec. 8-20.120 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. 8-20.130 Appeal.

Decision 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.

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Sec. 8-20.140 Reserved.

Sec. 8-20.150 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 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

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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. 8-20.160 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.

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

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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 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. ***********************************

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C:\Program Files\eSCRIBE\TEMP\1943295893\1943295893,,,Report - Electric Vehicle Charging Station Usage Fees.docx Agenda Report
MEETING DATE: Tuesday, May 10, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

ALEX YASBEK, ENVIRONMENTAL PROJECTS MANAGER
SUBJECT: RESOLUTION ESTABLISHING AN ELECTRIC VEHICLE

CHARGING STATION USAGE FEE
STATEMENT OF ISSUES:

The City has installed electric vehicle charging stations on municipal property and are available for public use. The City wants to encourage the use of electric vehicle charging stations and establish a fee that is intended to be revenue neutral and recover the cost of providing the service.1
RECOMMENDED ACTION:

Staff recommends adopting a resolution approving a public electric vehicle charging station usage fee for electric vehicle charging at City charging stations.

DISCUSSION:

The City currently has sixteen public facing level II electric vehicle charging stations on municipal property. Each station is a parking space for an electric vehicle with dedicated power equipment and a plug to connect to the electric vehicle. The cost of electricity and the cost to install the equipment and provide the charging service is outlined in the attached analysis.

Current public charging station locations:
 4 stations at City Hall - 250 Main Street (will be accessible in May of 2022)  4 stations on 2nd floor Civic Plaza parking structure - 275 Main Street (will be accessible in May 2022)
 3 stations on 6th floor Civic Plaza parking structure 275 Main Street (currently in service)  1 station on Main Street across from Plaza (349 Main Street) (currently in service)  4 stations at Airport – 100 Aviation Way (will be accessible in June of 2022) Future public charging station locations:
 Ramsay Park (8 -12 stations)

1 California Law (CCR Title 4, §§ 4001 and 4002.11.) defines electric vehicle charging stations as electric vehicle fueling systems and requires that electricity be metered and fees shall be based on a unit price per kilowatt hour (kWh) of electricity dispensed. The law also allows for a fee to recoup the cost of ancillary services associated with providing the infrastructure.

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C:\Program Files\eSCRIBE\TEMP\1943295893\1943295893,,,Report - Electric Vehicle Charging Station Usage Fees.docx  Freedom Library (2 stations)
 Locations to be determined (8 – 20 stations)
Based on the cost of electricity and the cost to install the equipment, and network and administrative costs, a revenue neutral fee of $0.22/kWh and $0.50 per hour to use a City charging station is proposed. The City wants to ensure that these charging stations are available to the greatest possible extent for all residents. Therefore, to discourage users from parking their cars at the stations for longer than is necessary to recharge, the City is proposing charging a penalty of $5.00 per hour on top of the charging rate for every hour after 4 hours.

The proposed fee is as follows:

Electricity - $0.22 per kWh delivered to vehicle
Ancillary Fee - $0.50 per hour of station usage
Penalty Fee - $5.00 per hour (applied after 4 hours)
The adoption of the fee includes an adjustment provision that states: Beginning three months after the electric vehicle charging station fees become effective and every three months thereafter, the City Manager may adjust the fees based on the increase in the City’s energy costs per unit of energy as charged by the City.

The fee will be implemented 60 days after adoption of the resolution.

The public will pay for a charging session via a cell phone app, or with an account with the charging station manufacturer, or by calling a 1-800 number and providing payment details.

The collected electricity fee from each station will be distributed to the department hosting the charging station and paying the utility bill that serves the station. The ancillary and penalty fees will be placed in a City account to be used for administrative, network, warranty, repair, and replacement costs.

The City currently uses two manufacturers to provide EV charging equipment, SemaConnect and Charge Point. Both companies process payment, provide detailed analytics, and provide an online portal for charging station management.

Transportation is the single largest source of greenhouse gas emissions in the City. The adoption of electric vehicles is an action that can reduce emissions significantly. Providing electric vehicle charging infrastructure facilitates electric vehicle adoption.

Implementing an electric vehicle charging station use fee 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.

STRATEGIC PLAN:

This project is consistent with Strategic Plan Goal:

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C:\Program Files\eSCRIBE\TEMP\1943295893\1943295893,,,Report - Electric Vehicle Charging Station Usage Fees.docx 3 - Infrastructure & Environment
FINANCIAL IMPACT:

The fee is intended to be cost neutral and designed to recover the cost of providing publicly accessible electric vehicle charging.

ALTERNATIVE ACTION:

Council may choose not to adopt an electric vehicle charging station fee. The cost to provide the service will not be recovered and the City will incur a financial impact by providing the service at no cost to the public.

ATTACHMENTS AND/OR REFERENCES:
1) EV Charging Station Fee Analysis

City of Watsonville
“A Community of Opportunities”
Public Works and Utilities
250 Main Street
Watsonville, CA 95076
831-768-3100
[email protected]
www.cityofwatsonville.org
Electric Vehicle (EV) Charging Stations
Fee Structure Analysis
May, 2022
Prepared by Alex Yasbek, Environmental Projects Manager Public Works and Utilities Department
Background
The City has installed level II electric vehicle charging stations on municipal property. The charging stations are available for public use. The City would like to recover the cost of providing this service.

California Law (CCR Title 4, §§ 4001 and 4002.11.) defines electric vehicle charging stations as electric vehicle fueling systems and requires that electricity be metered and fees shall be based on a unit price per kilowatt hour (kWh) of electricity dispensed. The law also allows for a fee to recoup the cost of ancillary services associated with providing the infrastructure.

Government Code 66018 requires that any fees generated be revenue neutral. The purpose of this document is determine the appropriate fees (per kwH and ancillary fees) to use the service that is revenue neutral. This fee will be required anytime an electric vehicle owner uses a City charging station to charge an electric vehicle.

Definitions
Charging Station – a parking location and hardware to allow the charging of a single electric vehicle Level II Charging Station – a pedestal or wall mounted electrical outlet consisting of a user interface, electrical cord, and plug to connect to an electric vehicle. A level II charging station provides alternating current to a vehicle at 240 volts and 30 amps. The power provided is approximately 7,200 Watts. The battery charging hardware and circuitry is onboard the vehicle.

Number and Location of Public Facing Level II Charging Stations The City currently has the following public facing level II charging stations:
● Four stations at City Hall (250 Main Street)
● Four stations on the 2nd floor of the Civic Plaza Parking Structure (275 Main Street) ● Three stations on the 6th floor of the Civic Plaza Parking Structure (275 Main Street) ● One Station on Main Street (349 Main Street - across from the Plaza) ● Four stations at the Airport (100 Aviation Way)
There are two fast charging stations in the parking structure that are owned and operated by a third party (EVgo).

Cost per Kilowatt Hour (kWh) of Electricity
The cost per kilowatt hour (kWh) of electricity varies by time of year, time of day, and the rate structure associated with the meter providing the service. The cost is a composite of demand charges, generation Attachment 1

City of Watsonville
“A Community of Opportunities”
Public Works and Utilities
250 Main Street
Watsonville, CA 95076
831-768-3100
[email protected]
www.cityofwatsonville.org
charges, meter charges, and miscellaneous fees such as the power charge indifference adjustment (PCIA).

Currently the City purchases electricity through our Community Choice Aggregate, Central Coast Community Energy (CCCE). Rate structures for the meters serving the existing charging stations are HB19S, HB10S, and HB1, which all fall under the category of the commercial B rate schedule.

To best accommodate the complexity of variable rates the “Average Bundled Total Rate” in $ per kWh was chosen as a single rate to charge per kWh of electricity at all times. This represents a rate that is slightly higher during off peak times and slightly lower during peak times but will likely result in a cost neutral rate that allows the cost of electricity to be recouped by the City.

The Average Bundled Total Rate which reflects the cost savngs provided by CCCE and the Seasonal Flat Rate fee structure is $0.22kWh.

This fee is lower than the California average of $0.23/kWh in March of 2022, and reflects the costs savings associated with CCCE and the commercial rate.

Costs Associated with Purchasing and Installing Level II Charging Stations The purchase and installation cost for a level II charger is between $7,000 and $10,000 per charging station. The cost varies because of the variable cost of the make ready charges (some sites require long runs of conduit and wire or additional sub-panels or transformers). The City has applied for grants to fund the installation of the new charging stations. The City is only providing public facing level II chargers. Fast chargers (DC fast chargers or level III chargers) are cost prohibitive to install and the expectation is that any public facing fast chargers will be owned and operated by a third party.

Assuming that an EV charger has a useful lifespan of 10 years the annual cost (based on cost to purchase and install) is between $700 and $1000, if a charger is in use for 3650 hours per year the replacement cost of the charging station is between $.20 to $0.27 per hour.

Each EV charger is connected to a cell phone network (this allows billing, tracking, and diagnostics). The cost of this network service is around $250 to $350 per year. Each EV charger typically comes with a warranty cost of between $400 and $500 per year (varies by manufacturer). This translates to a cost of around $0.18 to $0.23 per hour.

The administrative cost for the City is assumed to be around $500 per charger per year (based on staff time of 5 hours per charger per year at a rate of $100/hr). This is an hourly cost of around $0.14.

Attachment 1

City of Watsonville
“A Community of Opportunities”
Public Works and Utilities
250 Main Street
Watsonville, CA 95076
831-768-3100
[email protected]
www.cityofwatsonville.org
Table 1 – Ancillary Cost to provide Service (low and high estimates) Hourly Cost Low Hourly Cost High
Charger Replacement Cost $0.20 $0.27
Network and Warranty $0.18 $0.23
Admin $0.14 $0.14
Total $0.52 $0.64
Penalty Fee
An additional consideration is that the City encourages the charging of vehicles rather than the parking of vehicles. For this reason a penalty rate applies after 4 hours of charging in addition to the regular charges. This penalty rate is to encourage vehicle owners to move their vehicles after charging and make the station available to other drivers. For this reason, a penalty fee of $5.00 per hour is proposed.

Recommendation
Charge $0.22 kWh delivered and $0.50/hr to use a public EV charging station.

Charge a penalty fee of $5.00/hr after 4 hours of use.

Collection of Fee
The fee will be collected by a third party (typically the manufacturer of the charging station). The cost to collect the fee is typically 5% of the fee charged. All of the settings at the station can be adjusted (i.e. rates, charging by time vs. charging by electricity delivered, different rates at different times, etc.) should the City choose to adopt a different fee structure or adjust fees over time to reflect changes in costs incurred by the City. The third party collecting the fee tracks the usage of each station to allow the collected funds to be accurately allocated to each charging station.

Payment by Public
Payment by the EV driver is typically made using a credit card or with an account with the manufacturer of the charging station. The driver will also have the option of calling a 1-800 number and providing a credit card to avoid providing any personal information. The process is similar to the parking app that is used by the City of Santa Cruz. Each station will include signage in both English and Spanish to guide vehicle owners through the payment process.

Distribution of Fee to City Departments
The electricity costs recovered will be distributed to the department hosting the charging station and paying the electricity utility bill. The recovered ancillary costs will be allocated a fund pay for maintenance, network fees, and future charging stations.

Attachment 1

1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORIA, APPROVING A PUBLIC ELECTRIC

VEHICLE CHARGING STATION USAGE FEE
WHEREAS, the City has installed electric vehicle charging stations on municipal property and the electric vehicle charging stations are available for public use; and WHEREAS, the City wants to encourage the use of the electric vehicle charging stations by establishing a fee intended to be revenue neutral and recover the cost of providing the service or product; and
WHEREAS, the analysis included in the staff report accompanying this resolution, which is incorporated herein by reference, demonstrates that the proposed fee does not exceed the City’s reasonable costs of providing the service or product for which the fee is imposed;
WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature; and WHEREAS, Government Code section 66018 applies to the adoption or increase of fees to which a specific statutory notice requirement does not apply; and, WHEREAS, pursuant to Government Code section 66018 the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and, WHEREAS, pursuant to Government Code sections 66018 and 6062a, a notice of a public hearing on the proposed fee schedule was published on April 29 th
, 2022 and
May 6, 2022 in the Watsonville Register Pajaronian, a newspaper of general circulation;

2 and
WHEREAS, pursuant to Government Code sections 66016, notice of the time and place of the meeting, including a general explanation of the matters to be considered and a statement that required data is available was mailed at least 14 days prior to the meeting to those members of the public who filed a written request with the City; and
WHEREAS, a duly noticed public hearing before the City Council was held on May 10, 2022, at which public testimony was received and duly considered on the proposed new and increased fees; and,
WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code section 66018.

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

Section 1. Findings. The City Council finds and determines as follows:
a) The fee established is imposed for a specific government service provided directly to the payor and/or for the use of government property. b) The City has conducted an analysis which demonstrates that the fee does not exceed the City’s reasonable cost of providing electric vehicle charging station services.
c) This fee is not subject to the requirements of Proposition 26. The fee is not a “tax” under Section 1(e) of Article XIII C of the California Constitution, since it is a charge imposed for a specific City service or product provided directly to the payor that is not provided to those not charged, and it does not exceed the reasonable costs to the

3 City of providing the service or product. Additionally, and in the alternative, this fee is not a “tax” because it is a charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Section 2. Approval of Fee. The City Council approves and adopts the electric vehicle charging station fee, as set forth in Exhibit A, for City owned electric vehicle charging stations.

Section 3. Master Fee Schedule. The electric vehicle charging station fee shall supersede and replace any existing conflicting fees. The new fee shall be incorporated into the Master Fee Schedule
Section 4. Effective Date. In accordance with Government Code section 66017, this Resolution shall be in full force and effect 60 days after its adoption, and shall be published or posted as required by law.

Section 5. Energy Cost Adjustment. Beginning three months after the electric vehicle charging station fees become effective and every three months thereafter, the City Manager may adjust the fees based on the increase in the City’s energy costs per unit of energy as charged by the City.

Section 6. Validity. The above recitations are true and correct, are material to the adoption of this Resolution, and are incorporated herein by reference.

Section 7. Environmental review. The City Council finds that this Resolution 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.

Section 8. Severability. Should any section, subsection, paragraph, sentence,

4 clause, or phrase of this Resolution be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared unconstitutional on their face or as applied.

Section 9. The City Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk. ******************************

Public Electric Vehicle Charging Station Fee Schedule
Level 2 $0.22 $0.50 $5.00
Charging Station Type Electricty Fee Per
kWh
Ancillary Services Fee
Per Hour
Penalty Fee Per Hour
(after 4 hours)
Exhibit A

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Agenda Report
MEETING DATE: Tuesday, May 10, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

MURRAY FONTES, PRINCIPAL ENGINEER
SUBJECT: APPROVAL OF PROJECT LISTS FOR TRANSPORTATION
PROJECTS FUNDED BY MEASURE D AND SB 1
STATEMENT OF ISSUES:

Measure D and SB 1 provide transportation funding and require that the City approve annual expenditure plans for each.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt resolutions approving a list of transportation projects to be funded by:

1. Measure D in Fiscal Years 22/23 through 26/27; and

2. Senate Bill 1 (SB1) in Fiscal Year 22/23
DISCUSSION:

The City receives transportation funding from Measure D and SB 1. As explained below, each requires that the City develop and approve an annual expenditure plan.

Measure D
In 2016, Santa Cruz County voters approved Measure D, a one-half-cent sales tax that funds transportation projects for 30 years. The Measure allocates a portion of the funding to individual agencies with the City’s projected share for FY22/23 totaling $1,110,016. The City will spend these funds and others that have rolled over from previous years. Requirements of the funding include the development of a five-year expenditure plan with City Council approval, on an annual basis. The Plan is due by June 30, 2022. The Plan is attached as “Measure D: 5- Year Program of Projects (FY22/23-26/27).” Also, hereby submitted is a map showing the projects receiving Measure D funding in FY22/23.

In FY22/23, Measure D funding will be used accordingly:
● Improve bicycle and pedestrian safety through annual funding for activities and improvements that involve citywide bicycle facilities, maintenance, and improvement of trails, and supporting pedestrian & traffic safety;

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● Prepare to upgrade existing bicycle and pedestrian facilities through the design of projects involving curb ramp replacement, downtown revitalization, Harkins Slough Road pedestrian bridge, Lake Avenue sidewalks, Lee Road Trail Phase 1, and Rail Trail Segment 18 Phase 3;
● Design and preparation of environmental documents for roadway projects on Bridge Street, Green Valley Road, and Pennsylvania Drive;
● Reconstruction of Freedom Boulevard between Alta Vista Avenue and Green Valley Road and repair of West Beach Street between Industrial Road and Lee Road.

SB 1
In 2017, Governor Brown signed SB 1, providing additional funding for road maintenance, rehabilitation and safety projects. The funding is apportioned by formula to cities and counties.

Watsonville’s projected annual share for FY22/23 is $1,170,871. The City will use these funds and others that have rolled over from previous years for projects to be constructed in this and future fiscal years.

To be eligible for SB 1 funding in FY22/23, the City must provide the California Transportation Commission (CTC) with a list of projects that have been approved by City Council. The list is due to the CTC by July 1, 2022. The list is attached as “City of Watsonville - SB 1 Project List FY22/23.”
In FY22/23, the City will allocate SB 1 funding for road repair work on West Beach Street and other locations. SB1 funds allocated previously will be used for reconstruction of Freedom Boulevard from Alta Vista Avenue to Green Valley Road.

CEQA
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution supporting a funding plan does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment 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.

STRATEGIC PLAN:

The proposed expenditure plans are consistent with the following Strategic Plan Goals:
3 - Infrastructure & Environment
6 - Public Safety
FINANCIAL IMPACT:

Measure D and SB 1 will provide funding for transportation projects and help the City qualify for additional grant funds by serving as local match.

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ALTERNATIVE ACTION:

No reasonable alternatives are being recommended.

ATTACHMENTS:
1) Measure D projects map

Attachment 1

Reconstruction Design
Harkins Slough Rd
Pedestrian Bridge Design
Rail Trail Segment 18
Lee Rd Trail Design Phase 3 Design Downtown Revitalization Design Bridge St Reconstruction Design Watsonville Measure D FY22/23 Projects Map
Freedom Blvd Reconstruction from
Alta Vista Ave to Green Valley Rd
Freedom Blvd
Reconstruction Design West Beach St Repair
Citywide Projects
Curb Ramp Program
Bicycle Facilities
Maintain & Improve Trails
Pedestrian & Traffic Safety
Maintain Roads
Lake Ave
Undergrounding
Design

RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE 2022 MEASURE D 5-YEAR
PROGRAM OF PROJECTS (FY 2022/2023 - FY 2026/2027) FOR THE

CITY OF WATSONVILLE FUNDED BY MEASURE D APPROVED BY
VOTERS ON NOVEMBER 8, 2016
WHEREAS, Santa Cruz County voters approved a one-half cent sales tax (Measure D) on November 8, 2016, to fund transportation projects for the next 30 years; and
WHEREAS, Watsonville City Council adopted Resolution No. 76-17 (CM), approving a Measure D Master Funding Agreement between the Santa Cruz Regional Transportation Commission and the City of Watsonville for receipt of Measure D funding for City transportation projects; and
WHEREAS, said Master Funding Agreement states that for the City to receive its annual allocation of funding for “Neighborhood Projects”, the Watsonville City Council shall first approve a 5-Year Program of Projects following public comment; and WHEREAS, the City of Watsonville’s projected annual allocations Measure D Neighborhood Projects funds for FY22/23 is $1,110,016.

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) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving a 5-Year Program of Projects does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a

reasonably foreseeable indirect physical change in the environment 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 City Council hereby approves the 2022 Measure D 5-Year Program of Projects (FY22/23 – FY26/27) for the City of Watsonville attached hereto and incorporated herein as Exhibit “A.”
************************************

Measure D: 5-Year Program of Projects (FY22/23-26/27)
Agency: City of Watsonville
Expenditure Plan Category: Neighborhood Projects
Approval Date: Tuesday, May 10, 2022
Public Hearing Date: Tuesday, May 10, 2022 Prior FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Estimated Annual Measure D Allocations $ 5,084,326 $1,110,016 $1,129,996 $1,159,376 $1,188,361 $1,214,505 City Est. Major
Project Name/location Project No. Description (include project purpose and complete streets components if applicable) Total
Measure D
Prior Years
Expenditure FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Total cost
estimate Other fund sources
Construction
start date
project? *
(yes/no)
Citywide Curb Ramp Program
14314
Design and provide construction oversight of replacement and /or installation of curb ramps street crossings to comply with current disability act standards. Design FY22/23. Construct FY23/24 $150,000 $0 $100,000 $50,000 $0 $0 $0 $175,000 TDA - $175,000 FY23/24 No Downtown Revitalization
14319
Provide complete streets improvements including pedestrian crossings & curb ramps. Includes design, environmental documentation and construction. Design FY22/23. Construct FY23/24. $198,400 $98,400 $50,000 $50,000 $0 $0 $0 $1,200,000
SB1 - $162,000
STIP/RSTPX - $1,248,000 FY23/24 Yes
Citywide Bicycle Facilities (Various
Locations) 14320
Provide signage and traffic markings along bicycle corridors and provide educational programs. $662,894 $162,894 $100,000 $100,000 $100,000 $100,000 $100,000 Annual None Annual No Maintain & Improve Trails (Various
locations) 14321
Develop, maintain and enhance existing pedestrian and bicycle trails $812,478 $312,478 $100,000 $100,000 $100,000 $100,000 $100,000 Annual None Annual No Pedestrian & Traffic Safety (Various
Locations) 14322
Install or upgrade safety and traffic calming measures such as striping, markers, signage, signals, lighting, flashing beacons, curb extensions and speed humps and provide educational programs. $1,025,254 $485,254 $140,000 $100,000 $100,000 $100,000 $100,000 Annual None Annual No Maintain Roads (Citywide, All Districts)
14405
Place three-layer coating system on road surface. Design FY22/23. Construction FY23/24. $328,767 $128,767 $150,000 $50,000 $0 $0 $0 $1,329,518 RSTPX - $1,129,000 FY23/24 Yes Green Valley Rd Reconstruction from
Freedom Blvd to City Limits
14523
Reconstruct roadway, install median island, remove and replace non-compliant driveways & curb ramps, restripe roadway & provide bike lanes where none exist. Design FY22/23. Construct FY23/24. $1,049,394 $12,394 $1,037,000 $0 $0 $0 $0 $3,167,875 ARPA - $1,000,000
Gas Tax - $48,956
SB1 - $1,081,313 FY23/24 Yes
Freedom Blvd Improvements from Green
Valley Rd to Airport Blvd
14619
Preliminary design, right of way acquisition & utility relocation for road reconstruction and installation of curb, gutter and sidewalk. Preconstruction activities FY23/24 to FY25/26.

Construction FY 26/27. $1,500,000 $0 $0 $0 $300,000 $300,000 $900,000 $4,100,000 SB1 - $900,000
TBD - $1,700,000 FY26/27 Yes
Lake Ave Sidewalk improvements from
Rodriguez St to Union St/Brennan St
14731
Prepare design for repair/replace damaged sidewalk. Done in conjunction with PG&E Utility Undergrounding project. Design FY22/23 and FY23/24. Construct TBD. $162,405 $62,405 $50,000 $50,000 $0 $0 $0 $302,120
Impact Fees - $127,946
UG Utilities Fee -
$48,945 TBD No
Bridge St Reconstruction from Blackburn St
to Beck St
14816
Repair and resurface damaged roadway, replace damaged sidewalks, restripe roadway. Includes design, environmental documentation and construction. Design FY22/23. Construct FY23/24. $156,000 $106,000 $50,000 $0 $0 $0 $0 $1,639,465
ARPA - $500,000
SB1 - $1,000,000 FY23/24 Yes
Pennsylvania Dr Reconstruction from
Clifford St to Winding Way
14817
Reconstruct roadway, bike lanes and pedestrian facilities, restripe roadway. Includes design, environmental documentation and construction. Design FY 22/23 & FY23/24. Construct FY24/25. $176,344 $126,344 $50,000 $0 $0 $0 $0 $2,650,000 SB1 - $2,500,000 FY24/25 Yes Freedom Blvd Improvements from Alta
Vista Ave to Green Valley Rd
14838
Reconstruct roadway, remove & replace non-ADA compliant driveways & curb ramps, install high visibility crosswalks, upgrade existing bus shelter, install new traffic signal at Sydney Ave. $580,000 $0 $580,000 $0 $0 $0 $0 $3,665,000
ARPA - $1,000,000
SB1 - $500,000
STIP - $1,575,000 FY22/23 Yes
Highway 1/Harkins Slough Rd Pedestrian
Bridge & Safe Routes to School project
14859
Construct pedestrian bridge over SR 1, install sidewalk and reconfigure bike lanes on Harkins Slough Rd. Modify Harkins Slough Rd/Green Valley Rd/Silver Leaf Dr intersection to improve bicycle and pedestrian access. At Pajaro Valley High School and at feeder schools and various locations within the high school attendance area install high visibility crosswalks, curb extensions, upgrade curb ramps and improve bicycle facilities and provide pedestrian and bicycle safety training. Design FY22/23. Construct FY23/24. $200,000 $0 $100,000 $100,000 $0 $0 $0 $15,823,000 ATP - $11,700,000
Developer Fees -
$2,629,000
STIP - $900,000 FY23/24 Yes
Lee Rd Trail Phase 1 from Pajaro Valley
High School driveway to Land Trust 14860
Construct sidewalk and bikelanes of Harkins Slough Rd and pedestrian and bicycle path on Lee Rd.

Design FY22/23. Construct FY23/24. $269,732 $69,732 $100,000 $100,000 $0 $0 $0 $1,972,850 ARPA - $1,000,000
Land Trust $700,000 FY23/24 Yes
Airport Blvd Reconstruction from Hanger
Way to Roche Ave
NA
Reconstruct or repave roadway and bike lanes; repair, replace and install curb, gutter, sidewalk and curb ramps; replace and upgrade signage and striping. Design FY24/25. Construct FY25/26 $1,020,000 $0 $0 $0 $220,000 $800,000 $0 $2,750,000
SB1 - $1,000,000
TBD - $730,000 FY25/26 Yes
East Lake Ave & Riverside Dr Bicycle &
Pedestrian Improvements (Caltrans

SHOPP) NA
Provide sidewalk, curb extensions and high visibity crosswalks as part of Caltrans SHOPP paving project on Riverside Dr. Design FY23/24. Construct FY24/25. $150,000 $0 $0 $50,000 $100,000 $0 $0 $150,000 None FY24/25 No Elm St from Marchant St to Lincoln St
NA
Design roadway reconstruction & replacement of non-ADA compliant driveways & curb ramps. $75,000 $0 $0 $0 $0 $0 $75,000 $75,000 None TBD No
Rail Trail Segment 18 Phase 3 from
Watsonville Slough Trail trailhead to NA
Design & ronstruct pedestrian and bicycle trail within railroad corridor. Design FY22/23. Construct FY23/24. $1,200,000 $0 $200,000 $1,000,000 $0 $0 $0 $3,100,000 RTC - $2,000,000 FY23/24 Yes West Beach St Repair from Industrial Rd to
Lee Rd NA
Repair, reconstruct and/or upgrade pavement, bike lanes, sidewalks, transit facilities, signage and striping. Design & construct FY22/23. $100,000 $0 $100,000 $0 $0 $0 $0 $1,100,000 ARPA - $1,000,000 FY22/23 Yes Adminstrative Costs NA Cost of annaul audit. $48,715 $23,715 $5,000 $5,000 $5,000 $5,000 $5,000 $45,000 None Annual No Estimated Annual Measure D Expenditures $10,330,558 $2,203,558 $2,912,000 $1,755,000 $925,000 $1,405,000 $1,280,000 Amount of Measure D Funds Programmed
Exhibit A

RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE CITY OF WATSONVILLE – SB1
PROJECT LIST FY 22/23 TO BE FUNDED BY SENATE BILL 1 FUNDS WHEREAS, Senate Bill 1 (SB1) also known as the Road Repair and Accountability Act of 2017, was signed into law on April 28, 2017; and WHEREAS, SB1 provides funding for road maintenance, rehabilitation, and safety projects which is split between the state, cities and counties; and WHEREAS, eligibility for SB1 funding includes City Council approval of list of possible transportation projects provided to the California Transportation Commission (CTC) before July 1, 2022; and
WHEREAS, the State estimates annual funding available to the City of Watsonville through SB1 to be approximately $1,170,871 for FY22/23.

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) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving a list of possible transportation projects does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment 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 City Council hereby approves the 2022 City of Watsonville – SB1 Project List FY22/23 for the City of Watsonville which is attached hereto and incorporated herein as Exhibit “A.”
************************************

City of Watsonville - SB1 Project List
FY22/23
Name/Road/Limits Description
Cost Completion Useful
Life
Road Repair Road repair work including repair of potholes and patching on West Lake Avenue from Industrial Rd to Lee Rd and at other locations within the City.
250,000 FY22/23 5-10 Yr
Exhibit A