Watsonville City Council
June 14, 2022

Exhibit “A”

FY 2022/23 Budget for Santa Cruz County
Flood Control and Water Conservation District-Zone 7
Service
Maintenance & Operations on the Levee System $551,668
County Counsel Services $30,000
Public Safety Cleanup $15,000
Permitting and Environmental Studies $50,000
General Engineering & Public Service $250,000
ALERT Monitoring/Maintenance Requirements $50,000
Storm Monitoring and EOC Functions $20,000
Pajaro River Watershed Flood Prevention Authority $30,000 Army Corps Flood Control Projects (Prop 1E)
Contributions to Army Corps
$875,000
$2,166,611
Flood Control Project Advocacy $140,000
Levee Restoration and Revegetation $90,000
Stream Maintenance Plan Development $105,000
Pájaro Raptor Program $10,000
Pajaro Culvert Replacements $300,000
TOTAL $4,683,279

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Agenda Report
MEETING DATE: Tuesday, June 14, 2022
TO: City Council
FROM: LIBRARY DIRECTOR MARTINEZ
SUBJECT: RESOLUTION ACCEPTING AND APPROPRIATING $4,000 GRANT

FROM CALIFORNIA STATE LIBRARY
STATEMENT OF ISSUES:

The library was awarded a $4,000 grant from the California State Library to support pop-up library programming utilizing the Library’s BiblioVan.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution accepting a grant for $4,000 from the California State Library to support pop-up library programming at five (5) summer meal partner community sites utilizing the library’s BiblioVan; and authorizing the City Manager Pro Tempore to execute any necessary grant documents; and appropriating such funds to the Special Grants Fund [0260].

DISCUSSION:

The Watsonville Public Library was awarded a $4,000 grant from the California State Library to partner with an organization that offers meals during the summer. The Library is partnering with the City of Watsonville Parks and Community Services Department to provide pop-up library programming at five community meal sites.

The goal of Lunch at the Library is to connect with youth ages 0-18, promote library resources and services, and ensure that all youth at each site receive a free book.

The awarded funds will be used for the purposes as indicated in the “Approved Budget”:

1. $2,000 of the funding will be utilized for staff salary time and backfill, which includes Librarian, Senior Library Assistant, Library Assistant and Library Clerk wages.

2. $2,000 of the funding will be utilized to purchase English, Spanish and Bilingual giveaway books.

The grant will commence upon the execution of the award packet materials. As outlined in the grant terms and conditions, Watsonville Public Library is required to provide project financial and narrative reports and the final reporting will be due Friday, September 30, 2022.

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STRATEGIC PLAN:

This grant supports the Strategic Plan:
5-Community Engagement & Well-Being – Library Services & Programs.

FINANCIAL IMPACT:

The grant from the California State Library will be awarded in one payment upon execution of the award packet materials and will go directly towards staffing costs, and purchasing giveaway materials to support pop-up library programming.

Staff is requesting that the $4,000 grant be appropriated to the Special Grants Fund [0260].

ALTERNATIVE ACTION:

If this grant is not accepted, the library will need to find alternative funding sources to complete the implementation of this program.

ATTACHMENTS AND/OR REFERENCES (If any):
1) Ca State Library Grant Agreement & Certification of Compliance

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
April 26, 2022
Tamara Vides
Watsonville Public Library
275 Main St, Suite 100, Watsonville, CA, 95076
Subject: 2022 Lunch at the Library
Dear Mrs. Vides,
This letter confirms the California State Library’s award of $4,000 to the Watsonville Public Library for Summer 2022 Lunch at the Library.

The Lunch at the Library program makes it possible for public libraries to provide free summer meals and programming at library sites, take pop-up libraries to other community-based meal sites, provides free books to help children build home libraries and creates volunteer opportunities for teens. Thank you for being a part of this important work.

Watsonville Public Library will receive $4,000 of the award upon execution and approval of the grant agreement, certification, and claim forms. The remaining funding (if applicable) will be made available according to the payment schedule and upon the awardee’s completion of the requirements listed in the Grant Agreement and Certification of Compliance document included with this award packet.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials your original documents.

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Within the DocuSign system, please sign the claim and certification forms included in the award packet using the DocuSign system. Should you have any questions regarding the use of DocuSign please contact your grant monitor.

There are two people assigned to your project. The first is your Grant Monitor. Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Lisa Lindsay. Contact Lisa via email at [email protected].

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
You are also assigned a Library Programs Consultant for ongoing programmatic support. The Library Programs Consultant assigned to your project is Shana Sojoyner. Contact Shana via email at [email protected].

Please stay in touch with your Grant Monitor and Library Programs Consultant throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,
Greg Lucas
California State Librarian
Enclosures
CC: Gina Iwata
Yesenia Castellon
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THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: LATL21-75
Library/Organization: Watsonville Public Library
Project Title: Summer 2022 Lunch at the Library
Award Amount: $4,000

APPROVED BUDGET
Salaries/Wages/Benefits $2,000
Consultant Fees $ 0
Travel $ 0
Supplies/Materials $2,000
Equipment ($5,000 or more per
unit) $ 0
Services (contracted) $ 0
Project Total $4,000
Indirect Cost $ 0
Grant Total $4,000
Start Date: Upon execution of the award packet materials End Date: Friday, September 30, 2022
Please understand that it can take from six to eight weeks from receipt of a fully executed claim form with no errors before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
As outlined in the grant terms and conditions, Watsonville Public Library is required to provide mid-project financial and narrative reports by July 15, 2022; final financial and narrative reports by October 30, 2022; and updates upon request. Reports will be submitted to your grant monitor, Lisa Lindsay, by email at [email protected].

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. For awards over $20,000, ten percent (10%) of the full grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions. For awards less than $20,000, payment is made in full.

CONTACT
We want your project to be successful. Please work with the grant monitor and library program consultant in implementing your project:

Grant Monitor Lisa Lindsay Library
Programs
Consultant
Shana Sojoyner
Phone (916) 603-6708 Phone (916) 603-7194
Email [email protected] Email [email protected] DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
Attachment 1

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY 2

PROCEDURES AND REQUIRMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Watsonville Public Library for the Summer 2022 Lunch at the Library project.

AWARD AGREEMENT NUMBER LATL21-75
This Award Agreement (“Agreement”) is entered into on Execution of this agreement by and between the California State Library (“State Library”) and Watsonville Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Summer 2022 Lunch at the Library project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $4,000 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until 9/30/2022. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on 9/30/2022 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the 2022 Lunch at the Library Opportunity.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

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D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
April 2022-June
2022
1st Financial and Mid Project Program
Narrative Reports Due
July 15, 2022
July - September
2022
Final Financial and Narrative Reports Due October 31, 2022

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

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2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Summer 2022 Lunch at the Library Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and it’s agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

Watsonville Public Library
Tamara Vides
275 Main St, Suite 100
Watsonville, CA 95076
831-768-3034
[email protected]
rg
California State Library
Lisa Lindsay
900 N Street
Sacramento, CA 95814
916-603-6708
[email protected]

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

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1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

11. Failure to Perform: The grant being utilized by the Grantee is to benefit the [insert phrase]. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

12. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

13. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

14. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

15. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

16. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

17. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

18. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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the California State Library may find necessary to assure the correctness and verification of such reports.

19. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

20. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

21. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

22. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

23. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
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b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

24. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $4,000 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

25. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

26. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

27. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

28. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

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29. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

30. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

31. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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regular job duties, including a proportionate share of any benefits to which the employee is entitled.

32. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

33. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

34. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

35. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

36. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

37. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

38. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

39. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

40. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $4,000 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of NA.

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o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of NA.

41. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

42. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

43. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

44. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

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45. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

46. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

47. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

48. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

49. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
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agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $4,000. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: Address:

Signature: Date:

Printed Name of Person Signing: Title:

California State Library 900 N. St Sacramento, CA 95814 State Librarian
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5/4/2022
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EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.56 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
April 13, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Lynne Oliva
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
Attachment 1

CALIFORNIA STATE LIBRARY
Lunch at the Library

FINANCIAL CLAIM
Invoice#: LATL21-75-001
PO#
Date:

Grant Award Number: LATL21-75
ENY: 2021
ITEM NO: 6120-140-0001 Chapter 240, Statutes of 2021
PURCHASING AUTHORITY NUMBER: CSL-6120
REPORTING STRUCTURE: 61202000
COA: 5432000
PROGRAM #: 5312
Claim of: Watsonville Public Library
Complete Address:

Street Address, City, State, Zip Code
For: Watsonville Public Library
Project Title: Summer 2022 Lunch at the Library
Amount Claimed: $4,000
For Period From: upon execution to end of grant period
Type of Payment PROGRESS FINAL IN FULL
Payable Upon Execution of Agreement

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the authorized representative)
(Print Name)
Title
State of California, State Library Fiscal Office
By Date
(State Library representative)
If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:

Fiscal Services
[email protected]
MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office – State Grants
PO Box 942837
Sacramento, CA 94237-0001
DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 Tamara Vides
In Process
Attachment 1

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 Sacramento CA
900 N Street 916-603-7157
95814 [email protected]
Ca. State Library Admin/Accoutning
In Process
Attachment 1

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: C24E88B0-E03C-4EE2-897F-A2C901673185 In Process
Attachment 1

Reso No. ________ (CM)
C:\Program Files\eSCRIBE\TEMP\20313951868\20313951868,,,Resolution - Grant Acceptance CA State Library 2022 Lunch at the Library.docx
ri 6/8/2022 8:31:41 PM
1 RESOLUTION NO. _________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ACCEPTING $4,000 GRANT FROM CALIFORNIA

STATE LIBRARY TO SUPPORT POP-UP LIBRARY PROGRAMMING AT
FIVE (5) SUMMER MEAL PARTNER COMMUNITY SITES UTILIZING
THE LIBRARY’S BIBLIOVAN; AUTHORIZING AND DIRECTING THE

CITY MANAGER PRO TEMPORE TO EXECUTE ANY NECESSARY
GRANT DOCUMENTS; AND APPROPRIATING SUCH FUNDS TO THE

SPECIAL GRANTS FUND
WHEREAS, the City of Watsonville was awarded a $4,000 grant from the California State Library, to support pop-up library programming at five (5) summer meal partner community sites utilizing the Watsonville Public Library’s BiblioVan; and WHEREAS, the funds will be utilized for staff time, and the purchase of English, Spanish and bilingual books to giveaway.

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

1. This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as acceptance of this grant this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Additionally, even if a “project,” the action would be 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.

Reso No. ________ (CM)
C:\Program Files\eSCRIBE\TEMP\20313951868\20313951868,,,Resolution - Grant Acceptance CA State Library 2022 Lunch at the Library.docx
ri 6/8/2022 8:31:41 PM
2 2. That the $4,000 grant from the California State Library, to support popup library programming at five (5) summer meal partner community sites utilizing the Watsonville Public Library’s BiblioVan is hereby accepted.

3. That the City Manager Pro Tempore is hereby authorized and directed to execute in the name of the City of Watsonville, any and all documents required by the California State Library including, but not limited to, the grant agreement, with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney, and any reports, extensions or amendments as necessary to implement this grant.

4. That the $4,000 grant is hereby appropriated to the Special Grants Fund [0260].
************************************

6/8/2022 8:40:15 PM
C:\Program Files\eSCRIBE\TEMP\20401321614\20401321614,,,Report - Water Shortage Contingency Plan .docx Agenda Report
MEETING DATE: Tuesday, June 14, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

BEAU KAYSER, WATER DIVISION MANAGER

CRISTY CASSEL-SHIMABUKURO, ENVIRONMENTAL PROJECTS

MANAGER
SUBJECT: WATER SHORTAGE CONTINGENCY PLAN – STAGE LEVEL 2

DECLARATION
STATEMENT OF ISSUES:

In July 2021, Governor Newsom issued a call for a voluntary reduction in water use by 15%.

At the end of March 2022, after the state failed to meet its 15% goal, the Governor issued Executive Order N-7-22 (EO), calling on local water agencies to escalate their response to the ongoing drought. Executive Order N-7-22 states that each urban water supplier that has submitted a water shortage contingency plan (WSCP) to the Department of Water Resources (DWR) shall implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier’s WSCP for a shortage level of ten to twenty percent (Level 2).

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution declaring a Stage Level 2 Water Supply Shortage, setting up to a 20% water reduction target, via the implementation of water use practices outlined on page 5 in the WSCP, included in the 2020 Urban Water Management Plan (UWMP), both approved by City Council at the June 22, 2021 meeting per Resolution No.183-21 (CM).

DISCUSSION:

California continues to experience one of the most extensive and intense droughts on record, and according to the State of California (drought.ca.gov), January through March 2022 was the driest first three months in the State’s recorded history.

Water agencies in Santa Cruz County and the State are taking measures to conserve water in an effort to offset further impacts on water supplies should drought conditions persist. In compliance with the State’s EO, staff shall promote and encourage all water customers to practice water-wise consumption habits in line with achieving a 20% reduction in water usage. Previously, the City enacted a Stage Level 1 Water Supply Shortage at the August 24, 2021 meeting (Resolution No. 232-21). Historically, customers have been able to conserve with great success so staff is hopeful that the declaration and subsequent

6/8/2022 8:40:15 PM
C:\Program Files\eSCRIBE\TEMP\20401321614\20401321614,,,Report - Water Shortage Contingency Plan .docx communications will result in voluntary demand-side reductions. Nevertheless, the Stage 2 declaration will, if necessitated by ongoing and persistent drought conditions, enable the City to both monitor for non-compliance and take a more deliberate enforcement of the prescribed activities enumerated below.

The City's 2020 Urban Water Management Plan Drought Risk Assessment finds that during prolonged drought the City will rely on groundwater. Historical usage demonstrates that the City will have enough groundwater to meet customer needs, even during a 5-year drought. Promoting water conservation measures, and early adoption of these measures will remain the City's focus. More significant water conservation measures by all users, including agricultural partners, will be required to ensure water quality and supply remains protected in the basin.

Declaration of Stage 2 of the WSCP includes all Stage 1 actions and initiates the following mandatory water use restrictions and requirements:
 Washing paved or hard surfaces is prohibited, except by bucket or to prepare a surface for painting, to maintain solar panels, or for health and safety reasons.  At-home vehicle washing is prohibited, except by bucket.  Watering or irrigating landscapes is restricted as follows:
- Prohibited between 9:00 a.m. and 5:00 p.m. (except by bucket or hand-held hose with shut-off nozzle).
- Allowed only two days per week as scheduled and posted by the City. - Prohibited for more than 15 minutes per allowed day and method (except for drip irrigation).
 Using potable water to fill decorative water features is prohibited, except to sustain aquatic life.
 Draining and refilling of private swimming pools is prohibited, unless necessary for health and safety or leak repair.
 Constructing or installing and operating new commercial car washes and commercial laundry systems that do not use water-recirculating technologies is prohibited.
 Irrigation of landscaping on street medians and narrow strips in and alongside of public streets is prohibited.
 Using potable water for construction needs is prohibited when recycled water is readily available.
 Water-conserving dishwashing spray valves are required in restaurants and other commercial kitchens.
 Hotels must offer guests the option to reuse sheets and towels.  Water use in training exercises is prohibited.
 Customers are required to repair broken or defective water systems within five days.
 Reduce potable water supplement to reused water by 50 percent. As an alternative to the restrictions limiting irrigation days and duration, large landscape customers may instead limit irrigation to a set percentage of their water budget, as determined by the City based on the severity of the water shortage.

6/8/2022 8:40:15 PM
C:\Program Files\eSCRIBE\TEMP\20401321614\20401321614,,,Report - Water Shortage Contingency Plan .docx STRATEGIC PLAN:

The project is consistent with the following Strategic Plan Priority:
03 – Infrastructure & Environment
FINANCIAL IMPACT:

Development of the City’s water rate structure included the potential for reduced water consumption due to drought conditions. The rate structure is designed to generate sufficient revenue to support ongoing water enterprise fund costs with reduced water use and the ongoing water conservation practices and programs that the City is implementing.

ALTERNATIVE ACTION:

The City Council could decide not to declare a Water Shortage Contingency Plan - Stage Level 2 or could elect to declare a more prohibitive stage exceeding that which is being requested statewide.

ATTACHMENTS AND/OR REFERENCES:
1) Governor’s Executive Order N-7-22
2) 2020 Water Shortage Contingency Plan also found on the City website:
https://www.cityofwatsonville.org/1205/Water-Management-Plan

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and Attachment 1

WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water Attachment 1

supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time Attachment 1

protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Attachment 1

Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Attachment 1

Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
Attachment 1

Reso No. (CM) 1
ri 6/8/2022 12:27:04 PM SWZ ______ TV ______ PWU ______ RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE DECLARING A WATER SUPPLY SHORTAGE AND
ENACTING THE STAGE 2 WATER RESTRICTIONS CONTAINED IN THE CITY OF WATSONVILLE 2020 WATER SHORTAGE CONTINGENCY
PLAN
WHEREAS, with California experiencing a third consecutive year of dry conditions, California Governor Newsom announced on March 28, 2022, Executive Order N-7-22 (EO); and
WHEREAS, additional State drought emergency proclamations were issued by Governor Newson, on May 10, 2021, July 8, 2021, and October 19, 2021; and WHEREAS, currently, all of the state’s 58 counties, including Santa Cruz County, are subject to Executive Order N-10-21; and
WHEREAS, the EO informs the State Water Resources Control Board to require urban water suppliers to implement their response actions for a water shortage level of up to twenty percent; and
WHEREAS, on June 22, 2021, Council adopted Resolution No. 183-21 (CM) approving the City of Watsonville 2020 Water Shortage Contingency Plan; and WHEREAS, the City of Watsonville’s Water Shortage Contingency Plan includes six levels of action that can be declared by the City Council corresponding to the severity of the water supply scenario; and
WHEREAS, the City of Watsonville previously adopted WSCP Stage 1 at the August 24, 2021 meeting (Resolution No. 232-21); and
WHEREAS, Stage 2 water restrictions found in the City’s Water Shortage Contingency Plan (Page 7) are consistent with the State’s mandates and are anticipated

Reso No. (CM) 2
Meeting Date: 06/14/22
to be adequate to achieve the 20% percent water use reduction.

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 declaring a water supply shortage and enacting Stage Level 2 water restrictions 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 because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes 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. The City Council of the City of Watsonville hereby declares a Water Supply Shortage and enacts Stage 2 water restrictions of the City’s 2020 Water Shortage Contingency Plan contained in the City of Watsonville 2020 Urban Water Management Plan which enacts the following practices:
 All Stage 1 water restrictions.
 Washing paved or hard surfaces is prohibited, except by bucket or to prepare a surface for painting, to maintain solar panels, or for health and safety reasons.
 At-home vehicle washing is prohibited, except by bucket.  Watering or irrigating landscapes is restricted as follows:

Reso No. (CM) 3
Meeting Date: 06/14/22
o Prohibited between 9:00 a.m. and 5:00 p.m. (except by bucket or handheld hose with shut-off nozzle). o Allowed only two days per week as scheduled and posted by the City. o Prohibited for more than 15 minutes per allowed day and method (except for drip irrigation).
 Using potable water to fill decorative water features is prohibited, except to sustain aquatic life.
 Draining and refilling of private swimming pools is prohibited, unless necessary for health and safety or leak repair.
 Constructing or installing and operating new commercial car washes and commercial laundry systems that do not use water-recirculating technologies is prohibited.
 Irrigation of landscaping on street medians and narrow strips in and alongside of public streets is prohibited.
 Using potable water for construction needs is prohibited when recycled water is readily available.
 Water-conserving dishwashing spray valves are required in restaurants and other commercial kitchens.
 Hotels must offer guests the option to reuse sheets and towels.  Water use in training exercises is prohibited.
 Customers are required to repair broken or defective water systems within five days.
 Reduce potable water supplement to reused water by 50 percent. *********************************

6/9/2022 1:23:47 PM
C:\Program Files\eSCRIBE\TEMP\13234077401\13234077401,,,Report - Budget Appropriation for City Attorney Services.docx Agenda Report
MEETING DATE: Tuesday, June 14, 2022
TO: City Council
FROM: ADMINISTRATIVE SERVICES DIRECTOR CZERWIN
SUBJECT: APPROVE BUDGET APPROPRIATION OF AN ADDITIONAL
$225,000 FOR CITY ATTORNEY SERVICES FOR REMAINDER OF
FY 2021-2022
STATEMENT OF ISSUES:

This is a request for an additional $225,000 for general City Attorney Services for the remainder of FY 2021-22
RECOMMENDED ACTION:

Adopt a resolution approving an appropriation of an additional $225,000 for City Attorney Services for the remainder of FY 2021-22.

DISCUSSION:

In anticipation of the retirement of the City’s long-term City Attorney in December of 2021, the City issued a Request for Proposals for City Attorney Services. At their October 12, 2021, meeting the City Council appointed Samantha W. Zutler of Burke, Williams, & Sorensen LLP as the new City Attorney effective January 1, 2022. The original budget for general City Attorney services in the FY 2021-22 budget was $250,000. Through the end of December, the previous firm, the Grunsky Law Firm LLC, invoiced the City for $90,033. From January through March, Burke, Williams, & Sorensen LLP invoiced the City for $209,223.70 for general City Attorney services. The original budget for general City Attorney Services is exhausted and needs to be supplemented in order to pay invoices for the remaining three months of the fiscal year. We anticipate needing an additional $225,000.

STRATEGIC PLAN:
7-Efficient and High Performing Government – this action supports the provision of City Attorney services.

FINANCIAL IMPACT:

The additional appropriation of $225,000 will be made to account 0150-130-7303. This is a General Fund expense

6/9/2022 1:23:47 PM
C:\Program Files\eSCRIBE\TEMP\13234077401\13234077401,,,Report - Budget Appropriation for City Attorney Services.docx ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):

None

Reso No. (CM)
Meeting Date: 061422 SWZ ______ TV ______ Finance ______ 1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING BUDGET APPROPRIATION OF AN
ADDITIONAL $225,000 FOR CITY ATTORNEY SERVICES FOR THE
REMAINDER OF FISCAL YEAR 2021-22
WHEREAS, on April 16, 2021, the City of Watsonville issued a Request for Proposals for legal services; and
WHEREAS, on October 12, 2021, the City Council of the City of Watsonville adopted Resolution No. 281-21 (CM) appointing Samantha W. Zutler of Burke, Williams, & Sorensen, LLP as City Attorney, effective January 1, 2022; and WHEREAS, the Fiscal Year 2021-22 budget appropriated $250,000 for General City Attorney Services; and
WHEREAS, through June 2022, inclusive of invoices through March of 2022 $299,257 has been spent; and
WHEREAS, there are still three months of services to be billed and paid at an anticipated amount of $225,000.

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

That the Council hereby authorizes a $225,000 budget appropriation for FY 2021- 2022 to account 0150-130-7303 for City Attorney Services for fiscal year ending June 30, 2022.
************************************

ORDINANCE NO. (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING PART 14 (FEES) OF CHAPTER 14-10
(ADMINISTRATION AND PROCEDURE) OF TITLE 14 (ZONING) OF THE

WATSONVILLE MUNICIPAL CODE RELATING TO DEVELOPMENT

PERMIT FEES
WHEREAS, the Community Development Department provides permitting and enforcement services related to land use and development; and WHEREAS, the City Council has the authority to adopt fees for development projects pursuant to Government Code section 66000 et seq.; and WHEREAS, pursuant to Watsonville Municipal Code section 14-10-1400, the City Council shall establish from time to time by resolution a schedule of fees for processing of all development applications under Title 14 of the Watsonville Municipal Code; and WHEREAS, the City of Watsonville strives to increase and maintain clarity, consistency, and transparency in the fee process; and
WHEREAS, for purposes of advancing clarity, consistency, and transparency in the fee process, the City Council will consider for adoption a Community Development Department Cost Recovery Fee Policy via Resolution (Policy); and WHEREAS, to provide clarity to the requirements of that Policy, an amendment to Watsonville Municipal Code section 14-10-1400 is necessary; and WHEREAS, on May 3, 2022, the Watsonville Planning Commission adopted Resolution No. 09-22 (PC) recommending that the City Council amend Part 14 (Fees) of Chapter 14-10 (Administration and Procedure), in accordance with the Findings attached hereto and marked as Exhibit “A”, relating to Development Permit Fees; and

WHEREAS, the City Council has reviewed the Ordinance, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code.

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

Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 2 CHAPTER 14-10 ADMINISTRATION AND PROCEDURE ......................................... 2 PART 14: FEES ....................................................................................................... 2 Sec. 14-10.1401 Payment of fee. ......................................................................... 2 SECTION 2. RECITALS. ................................................................................................ 3 SECTION 3. SEVERABILITY.......................................................................................... 3 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT...................................... 3 SECTION 5. PUBLICATION. .......................................................................................... 4 SECTION 6. EFFECTIVE DATE. .................................................................................... 4 SECTION 7. EXECUTION.............................................................................................. 4 SECTION 1. ENACTMENT.

Part 14 (Fees) of Chapter 14-10 (Administration and Procedure) of Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by deleting Section 14-

10.1401 in its entirety and replacing with new Section 14-10.1401 to read in words and figures and follows:

CHAPTER 14-10 ADMINISTRATION AND PROCEDURE
PART 14: FEES
Sec. 14-10.1401 Payment of fee.

Every application for a development permit under this title shall be accompanied by a fee which shall be established by the Cost Recovery Fee Policy to be adopted by Resolution of the Council and Fee Schedule, both of which may be amended by the

Council from time to time. Any fee required by this title shall be collected and deposited with the Community Development Department at the time of submittal of a development application. Every application shall be submitted with any necessary agreement for payment of processing fees, which may be required by the Cost Recovery Fee Policy.

Refund of fees, if warranted, shall be in accordance with the Cost Recovery Fee Policy.

SECTION 2. RECITALS.

The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 3. 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 Planning Commission 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 4. 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 5. PUBLICATION.

This ordinance shall be published in the Watsonville Register-Pajaronian in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall be effective 30 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.

SECTION 7. EXECUTION.

The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.
********************************

CITY OF WATSONVILLE

TEXT AMENDMENT
EXHIBIT “A”
Hearing Date: May 24, 2022
Text Amendment Findings (Section 14-12.807)

1. That the proposed amendment is consistent with the policies embodies in the General Plan.

Supportive Evidence
(a) That the proposed Zoning Code text amendment is consistent with the policies embodied in the General Plan, in that the text amendment allows for the recovery of costs associated with processing applications for development and follows Goals 11,B.3 (Incremental Costs for new development projects); and (b) That the proposed Zoning Code text amendment is compatible to the extent possible with the actual and general planned use of the adjacent properties, in that the mechanism to allow the City to recover fees and costs incurred in the processing of development applications will be applicable Citywide and will not affect the actual and general planned use of any properties in the City; and

6/9/2022 5:47:37 PM
C:\Program Files\eSCRIBE\TEMP\17473440365\17473440365,,,Report - Ordinance 4-13 Military Equipment Policy .docx Agenda Report
MEETING DATE: Tuesday, June 14, 2022
TO: City Council
FROM: POLICE CHIEF ZAMORA

ASSISTANT POLICE CHIEF SIMS
SUBJECT: PASS AN ORDINANCE FOR THE CITY OF WATSONVILLE, CALIFORNIA, ADDING CHAPTER 4-13 TO THE WATSONVILLE

MUNICIPAL CODE, APPROVING A MILITARY EQUIPMENT USE

POLICY FOR THE POLICE DEPARTMENT
STATEMENT OF ISSUES:

Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has now defined as “military equipment” in Government Code §7070. The Watsonville Police Department has some equipment that qualifies as “military equipment” in inventory and engages in critical public safety activities in coordination with other local jurisdictions, which will be prohibited within 180 days unless an ordinance that meets the requirements of the Government Code §7071 is adopted.

RECOMMENDED ACTION:

Staff recommends that the City Council pass an ordinance adding Chapter 4-13 to the Watsonville Municipal Code, approving a Military Equipment Use Policy for the Police Department.

DISCUSSION:

The proposed ordinance and Military Equipment Use Policy were brought to Council for approval on April 26, 2022. The ordinance and policy were approved by the Council receiving six affirmative votes. On May 10, 2022, the ordinance and policy were brought back to Council for the second reading. During this meeting, approval of the ordinance and policy was postponed, and the WPD was asked to facilitate a community meeting to provide information and discuss community concerns regarding AB 481.

On May 24, 2022, Assistant Chief Sims met with members from the Pajaro Villages HOA and provided information and discussed AB 481. During this meeting, the members expressed gratitude for the information and supported moving the ordinance and policy forward.

On May 25, 2022, the WPD held a well-publicized community meeting in the Civic Plaza Community Room to discuss AB 481. Seven attendees were present and there was good discussion surrounding AB 481, the proposed ordinance, and associated policy. Much of the

6/9/2022 5:47:37 PM
C:\Program Files\eSCRIBE\TEMP\17473440365\17473440365,,,Report - Ordinance 4-13 Military Equipment Policy .docx discussion revolved around what some of the attendees believed was ‘vague’ language. One main point of information clarified for the public is that AB 481 is not the policy that regulates the use of equipment. Additionally, there was discussion around mutual aid, patrol rifles being included on the inventory list, and who the body providing independent oversight was as referenced in the statute. Public education around the use, purchase, and regulations of the military will be done annually and future changes or edits to the policy and ordinance could be informed by the annual public engagement efforts that are required by AB 481.

After further review of the ordinance, policy, and State requirements, no changes to the ordinance or policy are being recommended by staff at this time.

The proposed ordinance would approve a Military Equipment Use Policy (Attachment 1) that is consistent with the Department’s current policy and meets the relevant requirements of AB 481 (Attachment 2). As required by Government Code §7071(b), the proposed policy was posted on the Department’s website at: Cityofwatsonville.org/197/Police on Wednesday, March 23, 2022. If adopted, the Police Department would be responsible for ensuring that all provisions of Government Code §7071 and §7072 are met. The Council would be required by law to review the ordinance and policy at least annually and have the opportunity to renew it or make any necessary changes.

The proposed policy approves the continued use of equipment currently in the Police Department’s inventory by authorized and trained personnel, when the use is necessary to maintain safety.

The proposed policy would also allow the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City when exigent circumstances require a swift response. The Department works closely with other local, county, state, and federal law enforcement agencies on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid, and responding to emergencies. In exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members. When military equipment is used under exigent circumstances, the proposed ordinance requires reporting on the use to the City Council within a specified time period.

STRATEGIC PLAN:
6-Public Safety
FINANCIAL IMPACT:

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

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

6/9/2022 5:47:37 PM
C:\Program Files\eSCRIBE\TEMP\17473440365\17473440365,,,Report - Ordinance 4-13 Military Equipment Policy .docx ALTERNATIVE ACTION:

The council could make changes to the Military Equipment Use Policy and/or ordinance or choose not to go forward with introducing the ordinance.

ATTACHMENTS AND/OR REFERENCES (If any):

1. Proposed Military Equipment Use Policy

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

Policy
708
Watsonville Police Department
Watsonville PD Policy Manual
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

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

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

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

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

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

Attachment 1

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

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

1. Publicizing the details of the meeting.

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

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

Attachment 1

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

Published with permission by Watsonville Police Department ***DRAFT*** Military Equipment - 3

1. Via email to: [email protected]

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

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

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

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

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

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

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

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

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

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

Section One - lists qualifying equipment that is owned and/or utilized by the Watsonville Police Department
Section Two - lists qualifying equipment that the Watsonville Police Department will be procuring, with anticipated dates of procurement. Attachment 1

Watsonville Police Department
Watsonville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

Published with permission by Watsonville Police Department ***DRAFT*** Military Equipment - 5 See attachment: WPD Military Equipment Inventory.pdf
Attachment 1

Watsonville PD Policy Manual
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

Published with permission by Watsonville Police Department ***DRAFT*** Attachments - 6 Attachments
Attachment 1

Attachment
Watsonville PD Policy Manual
Copyright Lexipol, LLC 2022/04/08, All Rights Reserved.

Published with permission by Watsonville Police Department ***DRAFT*** WPD Military Equipment Inventory.pdf - 7 WPD Military Equipment Inventory.pdf
WPD Military Equipment Inventory.pdf
Attachment 1

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

1. Section 1 – Unmanned, remotely piloted, ground vehicle (updated 4/6/22) a. Description, quantity, capabilities, and purchase cost:

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

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

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

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

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

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

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

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

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

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

Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ c. Authorized Use:

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

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

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

WPD Policy 300, 432

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

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

Annual maintenance cost of approximately $100 per rifle. $400. f. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle by attending a 40-hour training course. Additionally, all members that operate this rifle are required to pass a range qualification four times each year. Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ g. Legal and Procedural Rules:

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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

Daniel Defense V3 Semi-Auto Rifle .308 cal. Cost: $0 each (retained for Department use from Evidence Unit). Quantity: 1. The rifle is a semi-automatic .308 caliber rifle used by the Special Response Unit sniper team.
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use:

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

Annual maintenance cost of approximately $100 per rifle. $100. f. Training:

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

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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

Hornady 308 168gr AMAX TAP 20 250. Cost: $19.50 x box of 20. Quantity: 1800. The 168 gr. A-MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A-MAX® bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.
b. Purpose:

To be used with precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
d. Expected Lifespan:

No expiration date.
e. Fiscal Impact:

No annual maintenance cost. Replacement cost for training is about $640 each year. f. Training:

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

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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

Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition. Cost:
$69.99 x box of 20. Quantity: 400. Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions. b. Purpose:

To be used with precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible c. Authorized Use:

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force
d. Expected Lifespan:

No expiration date.
e. Fiscal Impact:

No annual maintenance cost. Replacement cost for training is about $280 each year.

Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ f. Training:

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

Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

7. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles a. Description, quantity, capabilities, and purchase cost:

Remington 870, pump action shotgun. Cost: $454. Quantity: 2. This shotgun deploys a frangible 12-gauge round. The Remington Model 870 Pump Shotgun is a reliable 12- gauge with double-action bars for smooth pump operation. A steel-lined/grooved foreend provides a stronger grip, while the Flexitab feeding system provides positive and easier cycling.
b. Purpose:

These are used to quickly dislodge hinges from doors / frames during critical incidents in order to gain entry and provide tactical advantage
c. Authorized Use:

Circumstances justifying the use of the breaching shotgun may include, but not be limited to:
 Barricaded subject and/or hostage situations
 High-risk warrant services
 Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
25 years
e. Fiscal Impact:

No yearly maintenance is required. Replacement cost would be the only fiscal impact. f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force, including the Fourth Amendment of the U.S.

Constitution.

8. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles a. Description, quantity, capabilities, and purchase cost:

Combined Systems Technology Launching cup. Cost $180 per cup, quantity: 2. Designed for 5200 series grenades. Cups can be attached to any 12-gauge shotgun and the munition launched with our model 2600 launching cartridge.

Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable
c. Authorized Use:

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. d. Expected Lifespan:
5 Years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. On average about $360 each year.
f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.

9. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. Description, quantity, capabilities, and purchase cost:

BP2 NFDD (Non-Firing Distraction Device) Straight Delivery Pole with Clamp Head Delivery. Cost: $1050. Quantity: 1
b. Purpose
The Pole allows a diversionary device to be mounted to it allowing department members to breach door handles from a relatively safe distance. c. Authorized Use:

Circumstances justifying the use of BP2 NFDD may include, but not be limited to:
 Barricaded subject and/or hostage situations
 High-risk warrant services
 Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
25+ years.
e. Fiscal Impact:

No fiscal impact is anticipated.
f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ law regarding the use of force, including the Fourth Amendment of the U.S.

Constitution.

10. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. Description, quantity, capabilities, and purchase cost:

Defense Technology 11-gram, low roll II, non-reloadable distraction device. Cost:
$48.25 each, Quantity: 44. A Noise Flash Diversionary Device (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area.
b. Purpose:

NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. They produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Circumstances justifying the use of flash/sound diversionary devices may include, but not be limited to:
 Barricaded subject and/or hostage situations
 High-risk warrant services
 Discouraging dangerous animals from attacking
 Riotous situations
 Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the influence of alcohol/drugs is believed necessary to facilitate apprehension/custody
 Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. On average about $200 each year.
f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 415.

Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________

11. Section 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
a. Description, quantity, capabilities, and purchase cost:

Combined Tactical Systems Buffeted Riot CS Smoke. Cost: $33.49 each. Quantity: 19.

The Combined Systems Technology Baffled Riot CS Smoke (Model #5230B) is a pyrotechnic grenade designed for indoor/outdoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. It can be hand thrown or launched. CS (2-Chlorobenzylidene Malononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. d. Expected Lifespan:
5 years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. On average about $100 each year
f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.

12. Section 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
a. Description, quantity, capabilities, and purchase cost:

Defense Technology Stinger CS Rubber Ball Grenade. Cost: $47.20. Quantity: 6.

Maximum effect device that delivers 4 stimuli for psychological and physiological effects; rubber pellets, light, sound, and CS. CS (2-Chlorobenzylidene Malononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, and department training exercises.

Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ c. Authorized Use:

Only SRT members who have received training by certified instructors in the use of chemical agents are authorized to use them. Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers.

Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 300, 415.

13. Section 14 – Projectile Launch Platforms
a. Description, quantity, capabilities, and purchase cost:

Defense Technology 40MM Tactical Single Shot Launcher. Cost: $920.65 each. Quantity:

25. The 40MM launchers are a single shot break-open frame launcher with a fixed stock.

These launchers are used to launch soft foam projectiles and chemical agent projectiles to resolve critical incidents involving barricaded persons. b. Purpose:

The launcher is used to launch soft foam projectiles or chemical agent projectiles during high-risk incidents to resolve the conflict with less lethal measures. The soft foam projectiles can be further used to port windows after chemical agents have been deployed. To reduce the potential for violent confrontations. Projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
c. Authorized Use:

Circumstances appropriate for deployment include, but are not limited to, situations in which:
 The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
 The suspect has made credible threats to harm him/herself or others.  The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
 There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. d. Expected Lifespan:
25 years
Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ e. Fiscal Impact:

No annual maintenance. Fiscal impact would be for additional devices or replacement. f. Training:

Patrol officers utilizing the 40mm launcher are required to attend a 4-hour certified training course.
g. Legal and Procedural Rules:

Use is established under WPD Policy. It is the policy of this agency to utilize 40mm launchers only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.

14. Section 14 – Projectile Launch Platform and Munition (updated 4/8/22) a. Description, quantity, capabilities and purchase cost:

Defense Technology, Exact Impact 40 MM Standard Range Sponge Round. Cost: $26 each. Quantity: 171. This is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel.

The round utilizes smokeless powder as the propellant, and therefore, have velocities that are extremely consistent.
b. Purpose:

The launcher is used to launch soft foam projectiles during high-risk incidents to resolve the conflict with less lethal measures. The soft foam projectiles can be further used to port windows after chemical agents have been deployed. To reduce the potential for violent confrontations. Projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
c. Authorized Use:

Circumstances appropriate for deployment include, but are not limited to, situations in which:
 The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
 The suspect has made credible threats to harm him/herself or others.  The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
 There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. d. Expected Lifespan:
5 years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. On average about $200 each year.
f. Training:

Patrol officers utilizing the 40mm launcher are required to attend a 4-hour certified training course. Attachment 1

Military Equipment Inventory Attachment
_____________________________________________________________________________________ g. Legal and Procedural Rules:

Use is established under WPD Policy. It is the policy of this agency to utilize 40mm launchers only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.

15. Sections 12/14 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. Projectile Launch Platforms.
a. Description, quantity, capabilities and purchase cost:

The Ferret 40mm is filled with a CS powder chemical agent. Cost: $19.66 each Quantity:

15. The frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects. b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

The Ferret round may be used against barricaded suspects based on the circumstances.

Only the Incident Commander may authorize the delivery and use of Ferret rounds, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

Annual replacement cost varies based on usage for training and critical incidents. On average about $60 each year.
f. Training:

Special Response Team (SRT) members receive 8-hours of training from certified trainers.

Yearly training and qualifications.
g. Legal and Procedural Rules:

Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.

Section Two: Qualifying Equipment to be procured by the Watsonville Police Department  No anticipated purchases for the remaining fiscal year.

Attachment 1

3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 2

3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.

Attachment 2

3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

Attachment 2

3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

Attachment 2

3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

Attachment 2

Ord No. (CM) 1
ri 6/9/2022 5:39:59 PM SWZ ______ TV ______ WPD ______
ORDINANCE NO. FINAL ADOPTION (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADDING A NEW CHAPTER 13 ENTITLED MILITARY
EQUIPMENT USE TO TITLE 4 (PUBLIC SAFETY) OF THE

WATSONVILLE MUNICIPAL CODE APPROVING A MILITARY

EQUIPMENT POLICY FOR POLICE SERVICES
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 2 TITLE 4 PUBLIC SAFETY............................................................................................ 3 CHAPTER 13 MILITARY EQUIPMENT USE............................................................. 3 Sec. 4-13.01 Name of Ordinance. ........................................................................ 3 Sec. 4-13.02 Definitions. ...................................................................................... 3 Sec. 4-13.03 Military Equipment Use Policy Requirement. .................................. 7 Sec. 4-13.04 Use in Exigent Circumstances. ....................................................... 9 Sec. 4-13.05 Reports on the use of Military Equipment...................................... 10 SECTION 2. RECITALS................................................................................................ 12 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................... 12 SECTION 4. SEVERABILITY........................................................................................ 12 SECTION 5. PUBLICATION. ........................................................................................ 12 SECTION 6. EFFECTIVE DATE. .................................................................................. 13 o-0-o
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, pursuant to Government Code Section 7071(a)(1), such an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Watsonville Police Department currently has military equipment (of which term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Watsonville Police Department works closely with other local, county, state and federal law enforcement agencies within Santa Cruz County on police

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related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, and providing mutual aid and responding to emergencies; and
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, Watsonville Police Department - Policy 708 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

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

SECTION 1. ENACTMENT.

Watsonville Police Department Policy 708 setting forth a military equipment use policy is hereby adopted.

Ord No. (CM)
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Title 4 (Public Safety) of the Watsonville Municipal Code is hereby amended to add a new Chapter 13 entitled Military Equipment Use to read in words and figures as follows:

TITLE 4 PUBLIC SAFETY
“CHAPTER 13 MILITARY EQUIPMENT USE
Sec. 4-13.01 Name of Ordinance.

This Ordinance shall be known as the Military Equipment Use Ordinance.

Sec. 4-13.02 Definitions.
(a) “Military Equipment” includes all of the following (Per CA Gov. Code §7070):
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this chapter.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATV’s) and motorized dirt bikes are specifically excluded from this chapter.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind.

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(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this chapter.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this chapter.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this chapter. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Meeting Date: 041222 5
(16) Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(b) “City” shall mean any department, agency, bureau, and/or subordinate division of the City of Watsonville.
(c) “Police Department” shall mean any division, section, bureau, employee, volunteer and/or contractor of the Watsonville Police Department. (d) “City Council” shall mean the governing body that is the Watsonville City Council.
(e) “Military Equipment Use Policy” shall mean a publicly released, written document that includes, at a minimum, all of the following:
(1) A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
(2) The purposes and authorized uses for which the law
enforcement agency or the state agency proposes to use each type of Military Equipment.
(3) The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed

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to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
(6) The mechanisms to ensure compliance with the Military Equipment Use Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(f) "Exigent Circumstances" shall mean a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
(g) "State agency" shall mean the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(h) "Type" shall mean each item that shares the same manufacturer model number.

Ord No. (CM)
Meeting Date: 041222 7
Sec. 4-13.03 Military Equipment Use Policy Requirement. (a) The Watsonville Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:
(1) Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
(3) Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Watsonville.
(5) Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

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(7) Acquiring Military Equipment through any means not provided by this section.
(b) No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Watsonville Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Watsonville Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
(c) In seeking the approval of City Council, the Watsonville Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
(d) The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
(1) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(2) The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

Ord No. (CM)
Meeting Date: 041222 9
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(4) Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses
and ensure future compliance.
(e) In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use. (f) The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M.

Brown Act (Chapter 9 commencing with Section 54950 of Part 1 of Division 2 of Title 5 of the California Government Code).

Sec. 4-13.04 Use in Exigent Circumstances.
(a) Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
(b) If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent

Ord No. (CM)
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Circumstance, unless such information is confidential or privileged under local, state or federal law.
(2) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. (3) Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

Sec. 4-13.05 Reports on the use of Military Equipment.
(a) The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
(b) The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use. (c) The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
(1) A summary of how the Military Equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received
concerning the Military Equipment.

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Meeting Date: 041222 11
(3) The results of any internal audits, any information about violations of the Military Equipment Use Policy and any actions taken in response.
(4) The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
(5) The quantity possessed for each type of Military Equipment. (6) If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
(d) Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
(e) The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City

Ord No. (CM)
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Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

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. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

SECTION 4. SEVERABILITY.

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

SECTION 5. PUBLICATION.

Ord No. (CM)
Meeting Date: 041222 13
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 6. EFFECTIVE DATE.

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

6/8/2022 8:33:45 PM
C:\Program Files\eSCRIBE\TEMP\20334457232\20334457232,,,Report - Submittal of the 2022-2023 CDBG Annual Action Plan.docx Agenda Report
MEETING DATE: Tuesday, June 14, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM

HOUSING MANAGER CARLOS LANDAVERRY

ADMINISTRATIVE ANALYST ANGELA PAZ
SUBJECT: SUBMITTAL OF THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN TO THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
STATEMENT OF ISSUES:

Public Hearing and Resolution authorizing submittal of the 2022-2023 Community Development Block Grant Annual Action Plan to the U.S. Department of Housing and Urban Development.

RECOMMENDED ACTION:

Adopt a resolution approving the Community Development Block Grant Annual Action Plan for the fiscal year 2022-2023 and authorizing the City Manager Pro Tempore to submit the same to the United States Department of Housing and Urban Development for approval, with any possible adjustments to the funding levels, and with clarifying and/or non-substantive modifications, as necessary.

DISCUSSION:

The City of Watsonville (City), as a HUD entitlement community, must adopt a five-year Consolidated Plan for HUD approval, which serves as the planning guide in determining how the City’s allocation of CDBG funds will be utilized over the five-year period. The five-year Consolidated Plan provides:

1. An assessment of the housing and community development needs,

2. A strategic plan for addressing these needs, and

3. An annual Action Plan that outlines how the CDBG funds will be used each year.

This is year three of the City’s 2020-2024 Consolidated Plan, which was submitted to HUD and was recently approved. To meet the community’s needs, the Consolidated Plan is guided by the following goals: Affordable Housing, Economic Development, Public Services and Public Facilities.

The draft 2022-2023 Action Plan includes the following new and continuing activities:

6/8/2022 8:33:45 PM
C:\Program Files\eSCRIBE\TEMP\20334457232\20334457232,,,Report - Submittal of the 2022-2023 CDBG Annual Action Plan.docx Project Name Description/Activities
Section 108 Loan
Repayment
Planned loan repayment under Section 108. City used funds to construct the new Civic Plaza parking garage to spur on development and job creation. The project only includes planned repayments of the Section 108 Loan.

Youth Center Staffing
Funding will be used for Parks and Community services staff at the Gene Hoularis Waldo Rodriguez Youth Center, which provides recreational services to approximately 100 youth each day. The Youth Center provides a variety of recreation and neighborhood services programs that benefit the City's youth. The recreational programs will focus on, sports, games, arts & crafts, and other learning programs.

Code Enforcement
(Affordable Housing)
The proposed funding will be used to operate a code enforcement program in target areas to address and inspect illegal and unsafe construction, substandard housing, and property maintenance issues throughout the City. In addition, City staff will hold community educational trainings and presentations in low-income areas to ensure that real properties do not reach a state of deterioration or disrepair.

Administration and Planning
Planning administration and management of the CDBG Program.

Oversight will include reporting, expenditure tracking, IDIS entry, action plan development, citizen participation, program guidelines, housing rehabilitation program, contract management, and compliance.

Micro-Enterprise Business
Technical Assistance
In order to strengthen local entrepreneurship in Watsonville, the City will provide funds to El Pajaro Community Development Corporation, a non-profit organization, to manage the Plaza Vigil Business Incubator program that focuses on providing micro-enterprise business technical assistance and general technical assistance to small businesses. The activity will also provide funding for the Incubator Without Walls program, which provides business training and technical assistance to Watsonville business start-ups and entrepreneurs.

Senior Center
Improvements
The Watsonville Senior Center has an outdated kitchen with a poor layout making it hard to access and utilize by the Center’s senior citizen participants. Upgrades inside the building are necessary to comply with ADA regulations. Cabinetry, plumbing, fixtures, and furnishings would be re-done to comply with commercial kitchen codes. Additionally, the Center’s existing single pane doors and windows would be replaced with double-pane units which will make the building more energy efficient and save on heating and cooling costs. Divider partition will be replaced as it is malfunctioning and is creating a safety hazard at the center. The lobby area also needs updating so that participants can safely access items and the front façade and door needs to be replaced with an ADA door.

6/8/2022 8:33:45 PM
C:\Program Files\eSCRIBE\TEMP\20334457232\20334457232,,,Report - Submittal of the 2022-2023 CDBG Annual Action Plan.docx Public input is a HUD requirement when drafting the annual Action Plan. Staff conducted public outreach through several avenues including social media, local papers and public events. A remote/teleconference public meeting was held on January 26, 2022, and two in-person public meetings were held on February 24, 2022, and March 17, 2022, to solicit public comments on the use of CDBG funds. Additionally, a draft of the 2022-2023 Action Plan was made available for public review and comment beginning April 11, 2022, in compliance with HUD regulations.

To date, no public comments have been received on the draft proposed Action Plan.

Generally, the proposed Action Plan is due to HUD by May 15 of each year; however, the submittal date for the 2022-2023 Action Plan has been extended due to the state’s delay in announcing our allocation notification. This year the City’s allocation was decreased by

10.24%, however additional funding is available (unused funds) due to having received higher than anticipated program income for Fiscal Year 2021-2022. The proposed activities and funding for the 2022-2023 Action Plan are summarized below:

Estimated Revenue
CDBG Entitlement Program Year 2022 (HUD Actual) $727,246 Available unused funds $100,000
Estimated Program Income receipts during Fiscal Year 2021-22 $80,000 Total anticipated to be available $907,246
Proposed Activities
Youth Center Staff $122,068
Code Enforcement $100,000
Micro/Small Business Assistance Program (EPCDC) $50,000 Section 108 Loan Repayment – Civic Plaza Parking Structure $167,705 Program Administration $161,449
Senior Center Kitchen ADA and Other Improvements Phase III $306,024 Total Proposed Allocations $907,246
Contingency Activities
Contingency activities (back-up activities) may be funded if sufficient additional CDBG program income and/or funds become available due to cancellation of any previously approved activities. Cancellation of activities occurs when construction requirements and/or budget constraints cannot be met.

Callaghan Park Playground resurfacing $100,000
Franich Park Playground Resurfacing $150,000

6/8/2022 8:33:45 PM
C:\Program Files\eSCRIBE\TEMP\20334457232\20334457232,,,Report - Submittal of the 2022-2023 CDBG Annual Action Plan.docx STRATEGIC PLAN:

Activities proposed in the 2022-2023 Action Plan are consistent with the following City’s Strategic Plan.
1-Housing
2-Fiscal Health
3-Infrastructure & Environment
4-Economic Development
5-Community Engagement & Well-Being
7-Efficient and High Performing Government
FINANCIAL IMPACT:

There will be no financial impact to the General Fund. Funding for the proposed activities will be provided by the Community Development Block Grant.

ALTERNATIVE ACTION:

The City Council may direct staff to make amendments to the proposed 2022-2023 Action Plan.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM)
Meeting Date: 061422
ri 6/8/2022 5:52:15 PM SWZ ______ TV ______ CDD________ 1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) ANNUAL ACTION PLAN FOR FISCAL YEAR 2022-2023 AND AUTHORIZING THE CITY MANAGER PRO TEMPORE

TO SUBMIT SAME TO THE UNITED STATES DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT FOR APPROVAL, WITH ANY

POSSIBLE ADJUSTMENTS TO THE FUNDING LEVELS, AND WITH

CLARIFYING AND/OR NON-SUBSTANTIVE MODIFICATIONS, AS

NECESSARY
WHEREAS, the City of Watsonville ("City") has been designated an “Entitlement City” by the United States Department of Housing and Urban Development (“HUD”) which entitles the City to receive an annual allocation of Community Development Block Grant (“CDBG”) funds to implement housing and community development projects throughout the entire City; and
WHEREAS, the Action Plan is a required annual component of the 2020-2024 Consolidated Plan for HUD approval before the City can receive 2022 CDBG funds.

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 the annual CDBG Action 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 because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense”

Reso No. (CM)
Meeting Date: 061422
ri 6/8/2022 5:52:15 PM
2 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 Community Development Block Grant Annual Action Plan for Fiscal Year 2022-2023, attached hereto and incorporated herein, is hereby approved.

3. That the City Manager Pro Tempore is hereby authorized and directed to submit to HUD, for approval with any possible adjustment to the funding levels, and with clarifying and/or non-substantive modifications, as necessary, for and on behalf of the City of Watsonville, the City’s Community Development Block Grant Annual Action Plan for Fiscal Year 2022-2023.
**********************************

City of Watsonville
2022 DRAFT ACTION
PLAN
FY 2022-2023
(July 1, 2022-June 30, 2023)
Community Development Department
250 Main Street
Watsonville, CA 95076

Annual Action Plan
2022
2 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Page left blank intentionally

Annual Action Plan
2022
3 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City anticipates continuing to receive CDBG funding throughout the Consolidated Plan period. The City of Watsonville will continue to leverage CDBG funding in its First Time Homebuyer and Housing Rehabilitation Programs, which utilize multiple funding sources including HOME, CDBG, CalHome and Inclusionary Housing in-lieu fees. These Programs provide gap financing to make it more affordable for low income individuals to purchase a home and financial/technical assistance to low income homeowners or homeowners who rent to low income households make repairs to an existing home.

This report is a draft and will be updated as new information is received.

2. Summarize the objectives and outcomes identified in the Plan The City, as Successor Agency to the former Redevelopment Agency (RDA), no longer holds any public land suitable for affordable housing. The last suitable property has been transferred to Habitat for Humanity and will yield 7-9 affordable units.

3. Evaluation of past performance
The City accomplished several of the goals and continues to make every effort to meet the community needs through many service programs, park and facility improvements, and provide suitable living environments through code enforcement.

The City provided a $75,000 grant to the El Pájaro Community Development Corporation (EPCDC) for operation of their small business technical assistance programs. EPCDC continues to focus on providing access to Covid-19 recovery funding. EPCDC has provided technical assistance to 61 clients for a total of approximately 183 hours of TA, 3 pre-venture small businesses. They also continue to assist small businesses affected by the COVID-19 pandemic.

The City provided $200,000 from the first round of CDBG-CV funds and $75,000 from the third round of CDBG-CV funds for a total of $275,000 grant to Second Harvest Food Bank for food distribution. The food bank provided 887,000 pounds of food to over 6,000 families with the funds from the first round and due to the late-summer resurgence of the Covid-19 pandemic the third round funds are being used later in the year.

The City is also using over $320,000 for its emergency housing assistance program to assist renters affected by the COVID-19 economic crisis.

Annual Action Plan
2022
4 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx The City’s Parks and Community Services Department (PCSD) organizes various special events for youth at various community centers and park facilities. The department has been slowly reinstating their programs with guidelines and safety protocols to prevent the exposure of COVID-19. The PCSD Youth Center continues to provide a safe place for youth to gather and engage in prosocial activities that foster human development and create healthy lifestyles.

The City continues its commitment in providing focused and enhanced code enforcement in specific geographic areas. The purpose of the Program is to use code enforcement in conjunction with other City programs to reverse the decline and revitalize the areas so that community pride and commitment can support permanent change.

During the FY 2021-2022, the City was successful in completing the following through its housing programs.
 The City loaned $2.335 million to MidPen Housing Corporation for the construction of 72 affordable apartment units. Construction is scheduled to start spring of 2022.  The City Council has also approved a loan of $1 million to Eden Housing for the construction of 53 affordable housing units. Construction is scheduled to start spring of 2022.

These two affordable projects will provide much needed housing for low- and very low-income farmworkers, homeless persons, families and persons with disabilities. In addition, the City of Watsonville, as the Successor Agency to the former RDA, continues to manage the Affordable Housing Program with limited funding from loan payments.
 Approved the resale of 2 affordable units to new low-moderate income first time homebuyers.

A total of 44 inquiries were received for homebuyer assistance during the Program Year and provided 3 loans. Staff received four rehabilitation program inquiries from interested households, and provided four applications to eligible households but unfortunately none were submitted.

4. Summary of Citizen Participation Process and consultation process  Summary from citizen participation section of the plan. Date of Public Meeting: January 26, 2022  Date of Public Meeting: February 24, 2022
 Date of Public Meeting March 17, 2022
 Notice of the Availability of the Plan was published on March 25, 2022, in the RegisterPajaronian, a newspaper of local circulation  The Plan was published for review on April 11, 2022
 Public Hearing was held June 14, 2022
 Thirty-day citizen comment period opened April 11, 2022, and closed May 13, 2022

5. Summary of public comments

Annual Action Plan
2022
5 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx A Public Community meeting was held January 26, 2022-no comments were received from the public.

A Public Community meeting was held February 24, 2022-no comments were received from the public.

A Public Community meeting was held March 17, 2022-no comments were received from the public.

A Public Hearing meeting was held June 14, 2022.

6. Summary of comments or views not accepted and the reasons for not accepting them No comments were received.

7. Summary
Based on the needs assessment, market analysis, and public outreach, the City identified the following priorities for the Consolidated Plan that would build a healthy community and expand economic opportunities:
 Affordable Housing – Providing safe, decent affordable housing for extremely low to moderate income households, preserving and increasing the affordable housing stock and supporting housing programs for the homeless, including emergency shelter, transitional and permanent housing programs, and homeless prevention
 Economic Development – Provide opportunities to promote economic development and enhance housing stock by expanding economic opportunities through enhancement of downtown living areas and commercial/industrial environments through improvement programs
 Public Services – Enhance public safety and suitable living environments by: 1) Supporting Crime prevention and Code enforcement activities; increased affordable housing opportunities; and 2) By increasing supportive services to people with special needs, homeless persons, and lowincome persons and families  Public Facilities – Enhance the community’s image and living conditions by fostering improved infrastructure and parks conditions to serve low and moderate income needs including continued improvements with public facilities rehabilitation and infrastructure reconstruction These goals align closely with the City Council’s goals, which include:
 Affordable Housing
 Public services
 Infrastructure & Environment
 Economic Development
 Community engagement & Well-being
 Public Safety
 Efficient & High Performing Government

To address these goals, the City plans to fund downtown improvement plans and infrastructure upgrades, improvements to parks and senior and youth service centers, continuing targeted code enforcement activities in low income areas, provide loans to homeowners needing health and safety repairs, support microenterprise businesses, support services to the homeless, assist with accessibility and new facility projects. Other types of projects may be considered as needed throughout the Consolidated Plan timeframe.PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator WATSONVILLE Community Development Department Table 1 – Responsible Agencies
Narrative (optional)
The City of Watsonville (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City’s Community Development Department is responsible for administering the funds it receives under the Community Development Block Grant (CDBG).

Consolidated Plan Public Contact Information
City of Watsonville
Community Development Department
Housing Division
250 Main Street, Watsonville, CA 95076
Phone: (831) 768-3080; Fax: (831) 763-4114
Email: [email protected]

Annual Action Plan
2022
7 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City consulted a variety of agencies, including local and regional non-profits, government organizations, faith-based organizations, fair housing advocates and other organizations involved in the development and preservation of affordable housing, creation of job opportunities for low- and moderate-income residents, and/or provision of services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. The City facilitates feedback through the following methods:
 Stakeholder surveys (web-based, social media, and paper surveys)  Individual stakeholder consultations
 Community meetings
 Public hearings
 Receipt of written comments. The City prepared a Community Needs Survey, in both English and Spanish. The survey was distributed at key locations throughout the City and was also accessible in both languages and formats on the City's website and on social media (Facebook). The goal of the consultation process was to gather data to help determine the priority needs of City of Watsonville residents and opportunities for coordination to improve availability and accessibility to services.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Watsonville is an active member of various agencies and organizations that provide services to the community as indicated in the 2020-2024 Consolidated Plan. The City seeks out and has been successful in collaborations with the County of Santa Cruz, private and non-profit housing developers, and local non-profit service providers to preserve and create safe and decent affordable housing through its Affordable Housing and Housing Rehabilitation Programs.

The City is a contributing member of the Monterey Bay Economic Partnership (MBEP) Housing Trust Fund whose initiative is to support an increase in the supply of housing throughout the Monterey, Santa Cruz and San Benito Counties. In addition, City staff is a member, along with other local jurisdictions, State legislative representatives, for and non-profit housing developers and non-profit service providers, of MBEP’s Housing Advisory Committee, which meets every other month to discuss and address housing related matters.

The City Council approved the transfer of 36 Airport Road to Habitat for Humanity. The City hopes to complete the process by the end of the year. This transaction will yield 100% permanently affordable

Annual Action Plan
2022
8 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx housing development consisting of 7-9 single family dwellings for sale to households at or below the low income level.

The City is also collaborating with the County of Santa Cruz, Housing Authority of Santa Cruz County and local non-profit housing developers and providers to identify fair housing issues, contributing factors and provide recommended areas of improvement on a local as well as regional scale.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

During the 2021 program year, the City continued its financial and administrative support for the All InToward Home for Every County Resident. The City has continued to be an active member of a group of policymakers, service providers, funders, and advocates working on local strategies to prevent and reduce homelessness.

The South County Homeless Subcommittee met all goals established for the work groups. We have an operational winter shelter site offering 38 beds. In 2018 a Day Center Services Center for homeless individuals that offer showers, laundry, mail services, internet access and access to service providers that offer services to homeless individuals and families was opened. In 2021 a new facility with 92 beds, 50 residential and 42 for homeless & at-risk women and women with children opened its doors. The group has also been working on developing an annual work plan to address homelessness in our community. We have also worked to refresh County Wide Priorities of the All-In Plan in order to prepare relevant goals and an action plan to address current needs. The Subcommittee has identified the following five priority areas: Prevention, Services, Community/Environment, Crisis Response and System Support.

The City in partnership with Santa Cruz County Adult Mental Health have a designated full time Crisis Mental Health Worker riding with Watsonville Police Officers. This Crisis Worker is able to intervene, deescalate and provide referrals to homeless members who are in crisis and in need for mental health services. We are exploring possibilities to expand this service in our community as this program has been very successful in addressing mental health crisis experienced by homeless individuals in our City, lining them with services and resources that can help them.

Annual Action Plan
2022
9 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization California Rural Legal Assistance, Inc.

Agency/Group/Organization Type Services-Victims of Domestic Violence Service-Fair Housing
Legal Assistance
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 2 Agency/Group/Organization COMMUNITY ACTION BOARD OF SANTA CRUZ.

Agency/Group/Organization Type Housing
Referral and Counseling Services
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input.

Annual Action Plan
2022
11 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx 3 Agency/Group/Organization Community Bridges
Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Health
Services-Education
Referral Services
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 4 Agency/Group/Organization Encompass Community Services Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 5 Agency/Group/Organization Families in Transition of Santa Cruz County, Inc.

Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Market Analysis
Homeless Needs

Annual Action Plan
2022
12 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 6 Agency/Group/Organization Housing Authority of Santa Cruz County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Public Housing Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. In addition, the Agency was contacted via email seeking information about public housing activities in Watsonville, which was provided and included in the Plan. 7 Agency/Group/Organization Pajaro Valley Unified School District Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 8 Agency/Group/Organization Monarch Services (AKA Women's Crises Support-Defensa de Mujeres) Agency/Group/Organization Type Housing
Services-Victims of Domestic Violence
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Homeless Needs

Annual Action Plan
2022
13 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 9 Agency/Group/Organization Salud Para La Gente
Agency/Group/Organization Type Services-Health
Health Agency
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Lead-based Paint Strategy
Non-Housing Community Development Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The City has partnered with various organizations, through various grants, in an effort to provide needed service to its residents. Many of these services are provided by these other organizations in conjunction with other City services and programs. The Housing Rehabilitation Program is one such example in which the City has involved certain housing and service providers as well as local agencies such as Salud Para La Gente and the County of Santa Cruz Health Department. These agencies have been instrumental in helping to develop strategies such as those the City uses to address lead and asbestos hazards as well as providing direct project assistance in cases where health and environmental hazards have been identified.
10 Agency/Group/Organization THE SALVATION ARMY, Watsonville Agency/Group/Organization Type Housing
Services-Children
Services-Elderly Persons
Services-homeless
Regional organization
Emergency Disaster Relief

Annual Action Plan
2022
14 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Non-Homeless Special Needs
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 11 Agency/Group/Organization HOMELESS SERVICES CENTER
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 12 Agency/Group/Organization United Way of Santa Cruz County Agency/Group/Organization Type Regional organization
Provides a variety of services
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted by phone seeking information about victims of domestic or other violent acts.

Annual Action Plan
2022
15 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx 13 Agency/Group/Organization Watsonville Law Center
Agency/Group/Organization Type Services-Victims of Domestic Violence Service-Fair Housing
Legal Assistance
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
Homeless Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input. 14 Agency/Group/Organization SECOND HARVEST FOOD BANK
Agency/Group/Organization Type Food Bank
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Agency was contacted via email and invited to provide input.

Annual Action Plan
2022
16 C:\Program Files\eSCRIBE\TEMP\17521332591\17521332591,,,CDBG Action Plan 2022-2023.docx Identify any Agency Types not consulted and provide rationale for not consulting Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of Santa Cruz
The County of Santa Cruz Homeless Action Partnership (HAP) identifies gaps in funding and applies to HUD for CoC funds annually for new and renewing projects based on local needs and priorities and is consistent with the County's 10-Year Strategy to End Homelessness.

The City of Watsonville is an active participant in these efforts.

Strategic Plan 2021-
2022
City of Watsonville, City
Council
The City of Watsonville's Strategic Plan shares the goals of creating affordable housing, protecting public safety, economic development, reducing reliance on reserve funds, improving communications and enhancing community image.

City of Watsonville
2015-2023 Housing
Element
City of Watsonville
Community
Development
Department
The Housing Element includes many goals that are consistent with the Strategic Plan including promotion of fair housing for all, provision of special needs housing, preservation of existing housing and production of new affordable housing.

City of Watsonville
2005General Plan
City of Watsonville
Aligns with the strategic plan goal of improving the quality of life for the City's low- and moderate-income community. The General Plans address a wide range of issues that affect Watsonville, such as development and economic and social concerns that can affect the overall quality of life.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The City of Watsonville participates in regional planning efforts and several working groups on matters of mutual interest related to CDBG and housing and will continue to work collaboratively with the Housing Authority of Santa Cruz County and the Homeless Action Partnership (HAP).

Annual Action Plan
2022
17 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting  Date of Public Meeting: January 26, 2022
 Date of Public Meeting: February 24, 2022
 Date of Public Meeting March 17, 2022
 Notice of the Availability of the Plan was published on March 25, 2022, in the Register-Pajaronian, a newspaper of local circulation  The Plan was published for review on April 11, 2022
 Public Hearing was held June 14, 2022
 Thirty-day citizen comment period opened April 11, 2022, and closed May 13, 2022

Annual Action Plan
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Citizen Participation Outreach
Sort Order Mode of Outreac
h
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 2020-2024
Consolidated Plan
Needs
Assessment
Survey
Minorities
Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/broad
community
The Needs
Assessment Survey
was disseminated in
paper hard copy and
in electronic form on
the City's website and
on Social Media
(Facebook), in English
and Spanish, to advise
the City on the highest
priority housing,
community and
economic
development needs in
Watsonville
All comments were
accepted and
incorporated into
the survey results.

N/A All comments were
accepted.

Annual Action Plan
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Sort Order Mode of Outreac
h
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Internet Outreach
Nontargeted/broad
community
Survey article on City's
website and social
media outreach
(Facebook) inviting
residents to
participate in
Community Needs
Assessment survey
and notifying
residents that
feedback is an
essential component
of the Consolidated
Plan process
3 Public Meeting
Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/broad
community
Remote/Teleconferen
ce was held via
zoomgov.com,
January 26, 2022
None received N/A

Annual Action Plan
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Sort Order Mode of Outreac
h
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
4 Public Meeting
Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/broad
community
Public Meeting was
held, February 24,
2022
None received n/a
5 Public Meeting
Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/broad
community
Public Meeting was
held, March 17, 2022
None received n/a
6 Public Hearing
Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/broad
community
Public Hearing was
held, June 14, 2022
None Received N/A
Table 4 – Citizen Participation Outreach

Annual Action Plan
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Annual Action Plan
2022
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City anticipates continuing to receive CDBG funding throughout the Consolidated Plan period. The City of Watsonville will continue to leverage CDBG funding in its First Time Homebuyer and Housing Rehabilitation Programs, which utilize multiple funding sources including HOME, CDBG, CalHome and Inclusionary Housing in-lieu fees. These Programs provide gap financing to make it more affordable for low income individuals to purchase a home and financial/technical assistance to low income homeowners or homeowners who rent to low income households make repairs to an existing home.

Anticipated Resources
Please note that the amounts are only estimates and will be revised once the allocation is awarded.

Annual Action Plan
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
727,246 80,000 100,000 907,246 2,856,620
CDBG funding will be used toward eligible
projects and programs, such as housing,
public services, public improvements,
neighborhood preservation, facility
improvements, parks, economic
development, Section 108 loan repayment
and administration. Anticipated program
income has been included in this AAP, as
well as a small amount of prior year
resources that had not been committed
yet.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project. The extent of needs in the City of Watsonville far exceeds the available funding from the CDBG program. Most activities to be pursued by the City with CDBG funds will be leveraged with a variety of funding sources, including: grants from State, Federal, and local governments; private foundations; capital development funds; general funds; private donations of funds or services; and other various funding sources. Below are a few City projects that have been funded using different funding sources; City Plaza ADA Restroom Improvements Project-has been moving forward after many delays due to Covid-19 Pandemic. It is expected to be completed by June 2022.

Annual Action Plan
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Ramsay Park Project-has used several funding sources including the California Department of Natural Resources Urban Greening Program, City’s Capital Improvement and Operating funds. This project also received a 23 million grant for much needed repairs throughout the park, soccer field, Soccer Central, Softball field, and other parts of the park.

Senior Center- For the last few years this building has been receiving upgrades by using several funding sources, Public Works Impact fees, Capital Improvement and Operating funds.

The City is actively pursuing grants and awards for projects not otherwise funded with CDBG funds.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
Discussion

Annual Action Plan
2022
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Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Please note that the amounts are only estimates and will be revised once the allocation is awarded.

Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing
2020 2024 Affordable
Housing
Affordable
Housing
CDBG:
$100,000
Homeowner Housing Rehabilitated: 3
Household Housing Unit
Housing Code Enforcement/Foreclosed
Property Care: 100 Household Housing
Unit
2 Economic
Development
2020 2024 Non-Housing
Community
Development
Economic
Development
CDBG:
$217,705
Businesses assisted: 50 Businesses
Assisted
3 Public Services 2020 2024 Public Services Public Services CDBG:
$122,068
Public service activities other than
Low/Moderate Income Housing Benefit:
350 Persons Assisted
4 Public Facilities 2020 2024 Public Facilities Public Facilities CDBG:
$306,024
Other: 2 Other
Table 6 – Goals Summary
Goal Descriptions

Annual Action Plan
2022
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1 Goal Name Affordable Housing
Goal Description Goal outcome indicator and funding shown is per year. 2 Goal Name Economic Development
Goal Description Goal outcome indicator and funding allocated is per year. 3 Goal Name Public Services
Goal Description Goal outcome indicator and funding shown is per year. 4 Goal Name Public Facilities
Goal Description Goal outcome indicator and funding shown is per year.

Annual Action Plan
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Projects
AP-35 Projects – 91.220(d)
Introduction
The Five Year Consolidate Plan outlines proposed strategies for the expenditures of the City’s CDBG funds with the goal to provide a suitable living environment by revitalizing low-to moderate-income neighborhoods, to assist disadvantaged, low-income, and homeless persons by providing adequate public facilities and services and generating affordable housing opportunities. This annual plan focuses resources in the areas of affordable housing, economic development, public services, and public facilities.

Projects
# Project Name
1 Section 108 Loan repayment
2 Youth Center Staffing
3 Code Enforcement
4 Administration and Planning
5 Micro-Enterprise Business Technical Assistance
6 Senior Center Phase III
7 Contingency-Franich Park Playground Resurfacing
8 Contingency-Callaghan Park Playground Resurfacing
9 Contingency-Ramasay Park ADA and Other Imp. Ph II
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved

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needs
Priority needs identified in the City’s Five-Year Consolidated Plan, the corresponding local objectives, and the specific activities to be undertaken during the 2022 Program Year to address each need are outlined below.

Affordable Housing
Homeownership Housing Rehabilitation
Targeted Residential Code Enforcement
Economic Development
Micro-enterprise Business Technical Assistance
Entrepreneur Support
Public Services
Youth Services
Objectives of providing positive alternatives for youth in order to prevent juvenile crime and gang violence are addressed through several ongoing programs under the collaborating efforts between the Police and the Parks and Community Services Departments. There are 3 recreational sites that provide positive programming throughout the week ranging in a variety of recreational enrichment activities that promote positive emotional and physical well-being.

Youth Programs
F.L.Y.E.R.S. After School Program: For youth in 1st-5th grade. Provide assistance with homework, participate in sports, games, arts & crafts activities. Transportation is provided from school to the program site.

Spring and Winter Break Day Camp: A week long for youth ages 5-12 held during the P.V.U.S.D spring and winter breaks. The full day camp features a variety of activities, healthy snacks/lunches and a trip to a local attraction.

Camp W.O.W. Summer Day Camp: For youth ages 5-12. It is comprised of 8, 1-week sessions. Each session features a different theme and a trip to a destination. Youth participate in a variety of sports, games, arts & crafts activities with healthy snacks/lunch provided.

Youth Soccer Program:Offers recreational and competitive opportunities for boys and girls ages 5 to 14

Annual Action Plan
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in spring and fall. The program is affiliated with Breakers FC Academy.

Itty Bitty Sports Program: Geared towards youth ages 3-5. It is comprised of 4, 1-week session per sport. Each session introduces the participant to the fundamentals of the sport while having fun.

Currently on hold:

Youth Gymnastics Program: Program is for youth ages 3-10 and is designed to teach basic gymnastics skills. Emphasis is on developing motor skills, eye-hand coordination and confidence.

Public Facilities (Infrastructure)
The City’s infrastructure is improved by various Public Works projects, including reconstruction, rehabilitation, and/or addition of streets, sidewalks, and other types of infrastructure, and the removal architectural barriers to accessibility for the physically challenged within public areas and ways.

Homelessness and Special Needs
Special Housing Need
Transitional Housing Programs
The City addresses the needs of the homeless and citizens with special needs by ongoing support of local service agencies through the City’s Social Service Grant Program. The City participates in the Santa Cruz County-wide CoC strategy through financial and human resources contributions to the Homeless Action Partnership (formerly the Santa Cruz County CoC Committee).

AP-38 Project Summary
Project Summary Information
Please note that the amounts are only estimates and will be revised once the allocation is awarded. 1 Project Name Section 108 Loan repayment
Target Area
Goals Supported Economic Development
Needs Addressed Economic Development
Funding CDBG: $167,705
Description Planned loan repayment under Section 108. City used funds to construct a new downtown parking garage to spur on development and job creation. The project will fall under 19FPlanned Repayments of Section 108 Loans Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
N/A
Location Description N/A
Planned Activities Project was originally a downtown parking lot. Now activity only includes planned loan repayments.
2 Project Name Youth Center Staffing
Target Area
Goals Supported Public Services
Needs Addressed Public Services
Funding CDBG: $122,068
Description Funding will be used to provide recreational classes for local youth at the City's community center. These funds are critical to providing staffing and services to operate the facility.

The classes provide an opportunity for youth to participate in a variety of sports, games and arts & crafts activities in a safe environment. The project will fall under 05D-Youth Services that will meet an LMC National Objective. The public services objective will be to provide such services to 300 low income youth who live in the City.

Target Date 6/30/2023

REPORT TITLE 31
Estimate the
number and type of
families that will
benefit from the
proposed activities
300 low income youth within the City
Location Description 30 Maple Avenue, Watsonville, CA 95076 Planned Activities Funding for Parks and Community services staff at the Gene Hoularis Waldo Rodriguez Youth Center, which provides recreational services to approximately 100 youth each day.

The Youth Center provides a variety of recreation and neighborhood services programs that benefit the City's youth. The recreational programs will focus on, sports, games, arts & crafts, and other learning programs.
3 Project Name Code Enforcement
Target Area
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $100,000
Description The proposed funding will be used to operate a code enforcement program in target areas throughout the City. This activity will fall under matrix code 15-Code Enforcement and will meet the LMA National Objective-570.202 (C), focusing on geographic areas that are predominantly residential, benefit low to moderate income households and areas that are known to have deteriorated or deteriorating conditions. CDBG funds will be used for actual time of various staff involved in code enforcement in specific target areas, as well as legal costs for compliance enforcement. Logs will be maintained to track activities under the Program and to determine if the program is successful in arresting the decline in low income neighborhoods.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
50 households that are in code violation located in identified areas below which represent the most deteriorated neighborhoods.

REPORT TITLE 32
Location Description Eligible Targeted block groups located within the City limits that are primarily residential Low/mod income areas with deteriorated or deteriorating conditions;

BLOCK GROUPS
 1101002,1101004
 1102001,1102002,1102004,1102005
 1103001,1103004
 1105011,1105013,1105014,1105021,1105022
 1106003,1106005
 1107001
Planned Activities To address and inspect illegal and unsafe construction, substandard housing and property maintenance issues throughout the City. In addition, City staff will hold community educational trainings and presentations in low income areas to ensure that real properties do not reach a state of deterioration or disrepair.
4 Project Name Administration and Planning
Target Area
Goals Supported Economic Development
Needs Addressed Economic Development
Funding CDBG: $161,449
Description Planning administration and management of CDBG Program. Oversight will include reporting, expenditure tracking, IDIS entry, action plan development, citizen participation, program guidelines, etc.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
N/A
Location Description N/A
Planned Activities Planning administration and management of CDBG Program. 5 Project Name Micro-Enterprise Business Technical Assistance Target Area
Goals Supported Economic Development
Needs Addressed Economic Development
Funding CDBG: $50,000

REPORT TITLE 33
Description In order to strengthen local entrepreneurship in Watsonville, the City will provide funds to a non-profit to manage the Plaza Vigil Business Incubator program, that focus on providing micro enterprise technical assistance. The activity will also provide funding for the Incubator Without Walls program which provides business training and technical assistance to Watsonville business start-ups and entrepreneurs. The technical assistance will be provided to low income persons who self-certify their income falls below 80% AMI and that their business has less than 5 total persons. The activity will fall under 18C-ED Micro-Enterprise and will accomplish LMCMC National Objective.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
50 business will receive technical assistance
Location Description 23 E Beach Street, Watsonville, CA 95076 Planned Activities Subrecipient grant to El Pajaro Community Development Corporation, a non-profit organization, for providing micro-enterprise business technical assistance and general technical assistance to small businesses. The Programs to be funded will be the Business Incubator Program and the Incubator Without Walls program 6 Project Name Senior Center Kitchen ADA and Other Improvements Ph. III Target Area
Goals Supported Public Facilities
Needs Addressed Public Facilities
Funding CDBG: $306,024
Description The Watsonville Senior Center has an outdated kitchen with a poor layout making it hard to access and utilize by the Centers Senior Citizen participants. Upgrades inside the building are necessary to optimize access. Cabinetry, plumbing, fixtures, and furnishings would be re-done to comply with commercial kitchen codes. Additionally, the Centers existing single pane doors and windows would be replaced with double-pane units which will make the building more energy efficient and save heating and cooling costs. This project will fall under matrix code 03A Senior Centers and will meet the LMC National Objective 570.201(C)
Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
7320 low income persons that utilize the Center
Location Description 114 East Fifth Street, Watsonville, CA 95076

REPORT TITLE 34
Planned Activities The Watsonville Senior Center has an outdated kitchen with a poor layout making it hard to access and utilize by the Center’s senior citizen participants. Upgrades inside the building are necessary to comply with ADA regulations. optimize access. Cabinetry, plumbing, fixtures, and furnishings would be re-done to comply with commercial kitchen codes. Additionally, the Center’s existing single pane doors and windows would be replaced with double-pane units which will make the building more energy efficient and save on heating and cooling costs. The lobby area also needs updating so that participants can safely access items and the front façade and entrance door needs to be replaced with an ADA door. Also, the divider partition will be replaced as it is malfunctioning and itis creating a safety hazard at the center.
7 Project Name Contingency-Franich Park Playground Resurfacing Target Area
Goals Supported Public Facilities
Needs Addressed Public Facilities
Funding CDBG: $125,000
Description Parks playground has sand as existing surfacing and is near the end of its lifespan. It is starting to deteriorate which can pose a risk to playground users. Sand will be replaced with ADA substance. This project will fall under matrix code 03F-Parks, Recreational Facilities and will meet the LMA National Objective-570.201(C).

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
1,005 low income persons who reside near the park (Census Tract 1105.01, Block Group 3) Location Description 795 Vista Montana Drive, Watsonville, CA 95076 Planned Activities Replace the sand in the current children’s playground, as it is nearing the end of its 10-15 yearlifespan. The sand will be replaced with a substance called “pour in place”.

Nationwide, sand is being replaced with this product as sand can harbor disease and is an attraction for animal waste. Replacing the sand will make for a cleaner and safer playground.
8 Project Name Contingency-Callaghan Park Playground Resurfacing Target Area
Goals Supported Public Facilities
Needs Addressed Public Facilities
Funding CDBG: $100,000

REPORT TITLE 35
Description Parks playground has sand as existing surfacing and is near the end of its lifespan. It is starting to deteriorate which can pose a risk to playground users. Sand will be replaced with ADA substance. This project will fall under matrix code 03F-Parks, Recreational Facilities and will meet the LMA National Objective-570.201(C).

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
1,255 low income persons who reside near the neighborhood park (census tract 1105.01, Block Group 1)
Location Description 225 Sudden Street, Watsonville, CA 95076 Planned Activities Replace the sand in the current children’s playground, as it is nearing the end of its 10 to 15-year lifespan. The sand will be replaced with a substance called “pour in place”.

Nationwide, sand is being replaced with this product as sand can harbor disease and is an attraction for animal waste. Replacing the sand will make for a cleaner and safer playground.
9 Project Name Contingency-Ramsay Park ADA Accessibility Parking Ph. II Target Area
Goals Supported Public Facilities
Needs Addressed Public Facilities
Funding CDBG: $200,000
Description The park is currently deficient of dedicated sidewalks and pathways for pedestrians that are forced to walk along edges of the parking lot shared with cars. There is also no pedestrian access from Main St. to the Community Center and other park amenities. Additionally, the park is used as a gateway to commute to nearby schools, shopping centers, and residences. The parking lot is severely deteriorated and uneven, posing safety issues. Furthermore, there is very little ADA-accessible routes and the pedestrian conditions for the public using park are unsafe, which discourages park usage. This project would greatly expand and enhance pedestrian facilities, ADA-compliant access, and non-vehicular access throughout the park with the installation of sidewalks, transitions, trails, ADA ramps, striping, and parking lot resurfacing along with generally rehabilitating and preserving the public infrastructure for the future. This project will fall under matrix code 03F-Parks, Recreational Facilities and will meet the LMA National Objective-570.201(C).

Target Date 6/20/2023

REPORT TITLE 36
Estimate the
number and type of
families that will
benefit from the
proposed activities
An estimated 16,382 of low-mod income persons utilize Ramsay Park.

Location Description 1301 Main Street, Watsonville, CA 95076 Planned Activities Phase II-This project includes installation of several pedestrian and accessibility improvements at Ramsay Park. The existing parking lot would be resurfaced, resealed, and re-striped to eliminate severe cracks, uneven surfaces, restore the lot, and reconfigure striping with improved ADA accessible parking stalls around proposed pedestrian improvements. Additionally, new pedestrian sidewalks, pathways, and ADA ramps, railings would be installed and existing non-compliant ADA features renovated for ADA compliance at the park entrance, parking lot perimeter, West-side of the park, and at the picnic /playground area to provide improved and safer access to the and surrounding neighborhood

REPORT TITLE 37
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
Not applicable. Entitlement funding will be distributed citywide, as eligible.

Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Not applicable.

Discussion
Not applicable.

REPORT TITLE 38
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City currently operates First Time Homebuyer, Housing Rehabilitation and Inclusionary Housing Programs, all of which are designed to further the affordable housing needs of the community. Funding for these Programs is provided by multiple funding sources including HOME, CDBG, CalHome and Inclusionary Housing in-lieu fees.

While there are only a few direct services located in Watsonville, the City will continue to work with the Continuum of Care and other agencies that provide direct supportive services.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 3
Special-Needs 0
Total 3
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 3
Acquisition of Existing Units 0
Total 3
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Ongoing rental assistance is provided through the Housing Authority of Santa Cruz County. In addition, funding constraints at the local, State and Federal levels have limited the funding available to accomplish some of the goals such as developing and acquiring housing. Consequently, Watsonville relies on private developers, non-profits, public housing and social service agencies to provide the majority of affordable housing and assists mainly through its development process.