Watsonville City Council
September 27, 2022

AGENDA

CITY OF WATSONVILLE

CITY COUNCIL MEETING

Working with our community to create positive impact through service with heart.

Values: Teamwork, Integrity, Honesty, Service and Respect Mayor Ari Parker, District 7
Eduardo Montesino, Mayor Pro Tempore, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Lowell Hurst, Council Member, District 3
Francisco Estrada, Council Member, District 4
Rebecca J. Garcia, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Rene Mendez, City Manager
Samantha W. Zutler, City Attorney
Irwin I. Ortiz, City Clerk
Location:

City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes

IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN

COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS

AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.

Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.

For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3040
AGENDA

CITY OF WATSONVILLE

CITY COUNCIL MEETING

Location:

City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076

Tuesday, September 27, 2022, 5:30 p.m.

Pages

FACE COVERINGS HIGHLY RECOMMENDED

1. CLOSED SESSION CORRESPONDENCE (IF ANY)

2. CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:

PUBLIC COMMENTS REGARDING THE CLOSED SESSION AGENDA WILL ONLY BE ACCEPTED BY THE CITY COUNCIL AT THIS TIME.

The City Council of the City of Watsonville will recess to Closed Session to discuss the matters that follow:

2.a PERSONNEL MATTERS
(Government Code Section 54957)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Clerk

2.b CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency negotiator: Mayor Parker, Mayor Pro Tempore Montesino and Council Member Quiroz-Carter
Employee organization: City Clerk

2.c CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(a))
Pending Litigation pursuant to subdivision (d)(1):

Name of case: Ford Kanzler, et al vs City of Watsonville, et al - Santa Cruz Superior Court (Case No. 20CV01057)
CITY COUNCIL RESUMES AT 6:30 P.M.

3. ROLL CALL

3.a MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)

4. PLEDGE OF ALLEGIANCE

5. INFORMATION ITEMS

5.a REPORT OF DISBURSEMENTS

5.b WRITTEN REPORTS BY COUNCIL MEMBERS REGARDING ACTIONS

TAKEN ON THEIR REGIONAL COMMISSIONS/BOARD MEETINGS THAT

MAY AFFECT THE CITY OF WATSONVILLE (IF ANY)

6. PRESENTATIONS & ORAL COMMUNICATIONS
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to staff for clarification and report.

ALL SPEAKERS ARE ASKED TO FILL OUT A SPEAKER CARD & LEAVE IT AT THE PODIUM. SPEAKERS ARE ASKED TO ANNOUNCE THEIR NAME AND DISTRICT IN

WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.

6.a ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH) 5

6.b ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH)

6.c REPORT OUT OF CLOSED SESSION

6.d MAYOR'S PROCLAMATION RECOGNIZING OCTOBER 2022 AS

CYBERSECURITY AWARENESS MONTH

6.e MAYOR'S PROCLMATION RECOGNIZING SEPTEMBER 15 TO OCTOBER 15 AS HISPANIC HERITAGE MONTH

7. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions which are considered to be routine and will be acted upon as one consensus motion. Any items removed will be considered immediately after the consensus motion. The Mayor will allow public input prior to the approval of the Consent Agenda.

PUBLIC INPUT (2 MINUTES EACH)

7.a MOTION APPROVING MINUTES OF SEPTEMBER 13, 2022 8

7.b CALL FOR BIDS FOR THE PURCHASE OF WATER SUPPLY
PRODUCTS (Recommended by Public Works & Utilities Director Di Renzo) 15 RESOLUTION APPROVING SPECIFICATIONS & CALLING FOR BIDS FOR

THE PURCHASE OF WATER SUPPLY PRODUCTS, PROJECT NO. WA-22- 01, ESTIMATED COST OF $500,000 FOR THE NEXT THREE YEARS

BUDGETED IN THE WATER ENTERPRISE FUND & ADOPTED IN THE
BUDGET FOR FISCAL YEAR 2022-2023

7.c CONTRACT WITH CAROLLO ENGINEERS FOR THE HEADWORKS &

INFLUENT PUMP STATION IMPROVEMENTS EVALUATION
PROJECT (Recommended by Public Works & Utilities Director Di Renzo) 19 RESOLUTION AWARDING A CONTRACT FOR CONSULTANT SERVICES WITH CAROLLO ENGINEERS, INC., TO PERFORM HEADWORKS &

INFLUENT PUMP STATION IMPROVEMENTS EVALUATION, IN AN
AMOUNT NOT TO EXCEED $157,244

7.d PURCHASE JOHN DEERE 6130M TRACTOR IN THE AMOUNT OF
$249,581.21 (Recommended by Public Works & Utilities Director Di Renzo) 42 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) JOHN DEERE 6130M TRACTOR WITH A MOUNTED TIGER BENGAL BRUTE MOWER

FOR THE FIELD SERVICES DIVISION FROM MUNICIPAL MAINTENANCE

EQUIPMENT, THROUGH THE PURCHASING AUTHORITY OF
SOURCEWELL (FORMERLY NJPA), PURCHASE AGREEMENT NO.
070821-TGR, IN AN AMOUNT NOT TO EXCEED $249,581.21; &

AUTHORZING THE CITY MANAGER TO EXECUTE THE PURCHASE
AGREEMENT (FUNDED BY THE SOLID WASTE ENTERPRISE FUND 0740)

7.e WATSONVILLE PUBLIC LIBRARY MATERIALS LATE FEES (Recommended by Library Director Martinez)
83 RESOLUTION RESCINDING RESOLUTION NO. 170-04 (CM) &

ELIMINATING THE COLLECTION OF FEES FOR WATSONVILLE PUBLIC

LIBRARY MATERIALS THAT ARE RETURNED LATE

7.f CANNABIS FUND ALLOCATION (Recommended by Community
Development Director Merriam)
88 RESOLUTION APPROPRIATING $42,752 FROM THE CANNABIS

REVENUE FUND TO THE COMMUNITY DEVELOPMENT DEPARTMENT

TO COVER EXISTING CONTRACTS

7.g CONFLICT OF INTEREST CODE (Recommended by City Clerk Ortiz) 92

RESOLUTION RE-ADOPTING CONFLICT OF INTEREST CODE BY

INCORPORATING BY REFERENCE THE FAIR POLITICAL PRACTICES

COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AND

BY AMENDING THE APPENDIX IDENTIFYING DESIGNATED EMPLOYEES

WHO SHALL BE SUBJECT TO CONFLICT OF INTEREST CODE

7.h RECOMMENDING APPOINTMENT TO THE HOUSING AUTHORITY BOARD

OF THE COUNTY OF SANTA CRUZ
110

RESOLUTION NOMINATING PROVIDENCE MARTINEZ ALANIZ FOR

APPOINTMENT TO THE HOUSING AUTHORITY BOARD OF

COMMISSIONERS OF THE COUNTY OF SANTA CRUZ AS THE AT-LARGE

REPRESENTATIVE FOR THE CITY OF WATSONVILLE, FOR A TERM
ENDING FEBRUARY 10, 2023

7.i APPOINTING MEMBER TO THE HENRY J. MELLO PERFORMING ARTS

CENTER BOARD OF DIRECTORS JOINT POWERS AUTHORITY
116
RESOLUTION APPOINTING FABIAN GUZMAN TO THE HENRY J. MELLO

PERFORMING ARTS CENTER BOARD OF DIRECTORS JOINT POWERS

AUTHORITY

8. ITEMS REMOVED FROM CONSENT AGENDA

9. PUBLIC HEARINGS, ORDINANCES, & APPEALS

9.a RESOLUTION APPROVING VEHICLE MILES TRAVELED
POLICY (Recommended by Community Development Director Merriam) 118
1) Staff Report by Principal Planner Meek
2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion
5) City Council Deliberation on Motion
6) Action on Resolution Approving a Vehicle Miles Traveled (VMT) Policy Inclusive of Establishing VMT as the Appropriate Metric for Evaluating Transportation-Related Impacts Under CEQA, Establishing VMT Thresholds of Significance, Establishing Screening Criteria, Establishing Transportation Demand Management (TDM) Strategies, & Establishing a VMT Mitigation Banking Program; & Authorizing the Community Development Director to Update the VMT Thresholds of Significance for Land Use Projects & Plans; & Finding Approval of a VMT Policy is Not a “Project” Under CEQA, or a “Project,” Exempt Under the “Common Sense” Exception

10. EMERGENCY ITEMS ADDED TO AGENDA

11. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS

12. ADJOURNMENT
This agenda was posted in accordance with the California Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes and available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours). Any materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.

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MINUTES REGULAR CITY COUNCIL MEETING
September 13, 2022 City of Watsonville
City Council Chambers
5:40 p.m.

1. ROLL CALL
Mayor Parker, Mayor Pro Tempore Montesino and Council Members Dutra, Estrada, García, Hurst, and Quiroz-Carter were present.

Staff members present were City Manager Mendez, City Attorney Zutler, City Clerk Ortiz, Assistant City Manager Vides, Public Works & Utilities Director Di Renzo, Fire Chief Lopez, Interim Finance Director Duran, Community Development Director Merriam, IT Director Gill, Parks & Community Services Director Calubaquib, Library Director Martinez, Deputy City Manager Manning, Assistant Police Chief Sims, Assistant Public Works & Utilities Director Rodriguez, Fire Battalion Chief Vojvoda, Fire Captain Muhoberac, Senior Utilities Engineer Berry, GIS Analyst II Cole, Principal Engineer Fontes, Principal Planner Orbach, Executive Assistant Curtis, Administrative Analyst Meyer, Administrative Assistant II Renteria, Administrative Analyst Aguado, and Interpreter Landaverry.

1.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) – None

2. PLEDGE OF ALLEGIANCE

3. INFORMATION ITEMS

3.a. REPORT OF DISBURSEMENTS

3.b. WRITTEN REPORTS BY COUNCIL MEMBERS REGARDING ACTIONS TAKEN ON THEIR

REGIONAL COMMISSIONS/BOARD MEETINGS THAT MAY AFFECT THE CITY OF

WATSONVILLE

4. PRESENTATIONS & ORAL COMMUNICATIONS

4.a. ORAL COMMUNICATIONS FROM THE PUBLIC
Daniel Hernandez, District 3, expressed concerns with his interactions with Police and the handling of an incident involving a restraining order against an individual.

Steve Trujillo, District 7, spoke about the recent homicide involving teenagers in the community and requested City departments collaborate to provide activities and programs to aid in preventing gang involvement.

Eduardo Alvarez, Fire Youth Academy participant, spoke about his experience in the program and expressed appreciation for Fire Department staff.

4.b. ORAL COMMUNICATIONS FROM THE COUNCIL
Member Quiroz-Carter expressed her condolences for the recent death of a local teenager and spoke about the importance of giving youth opportunities for growth and engagement.

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C:\Program Files\eSCRIBE\TEMP\19563767207\19563767207,,,Minutes September 13, 2022.docx Member Hurst expressed condolences for the death of a local youth and its impact in the community. He spoke about his attendance to various events over the past weeks.

Member García, as a Board member of the Arts Council of Santa Cruz County, invited the public to the upcoming Open Studios Art Tour. She spoke about her participation at the League of California Cities 2022 Annual Conference and stated she would be speaking to City Manager Mendez regarding information she learned about addressing poverty and homelessness at two of the Conference’s workshops.

Member Estrada expressed his condolences to the family of the youth who died as a result of gun violence and stated the importance of community engagement in addressing issues.

He encouraged the public to register to vote.

Member Dutra spoke about events he attended over the past two weeks, including League of California Cities 2022 Annual Conference. He invited the public to attend the Covid-19 Memorial ribbon cutting event and the Santa Cruz County Fair.

Mayor Pro Tempore Montesino spoke against recent gun violence in the community and thanked Police for their work. He encouraged the public to attend the Santa Cruz County Fair.

Mayor Parker spoke about the impact of recent gun violence and thanked the first responders for their response. She detailed events she attended over the past weeks and invited the public to attend upcoming events. She requested a moment of silence for the passing of community member Dave Treviño.

4.c. WATSONVILLE MUNICIPAL AIRPORT OPEN HOUSE 2022 SURVEY RESULTS BY

AIRPORT DIRECTOR WILLIAMS
In answering Member Dutra, Administrative Analyst Aguado spoke about potential for hosting Fire in the Sky on the Fourth of July.

Member Hurst spoke about the future of Fire in the Sky and concerns raised by community members due to noise from the fireworks display.

Mayor Parker stated concerns with hosting Fire in the Sky on the Fourth of July due to staff availability due to conflicting events.

4.d. MAYOR'S PROCLAMATION HONORING JACOB'S HEART

4.e. PRESENTATION OF YOUTH ACADEMY GRADUATES BY FIRE CHIEF LOPEZ

5. REPORTS TO COUNCIL -- No Action Required

5.a. CITY MANAGER'S UPDATE REPORT
Member García spoke about City Manager Mendez’s recent meeting with women in the community as an example of his efforts to engage with all residents.

Member Hurst and Mayor Parker thanked City Manager Mendez for engaging with the community.

6. CONSENT AGENDA

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City Attorney Zutler disclosed Mayor Parker and Member Dutra’s employment with Pájaro Valley Unified School District (PVUSD), who the City would be entering into agreements with under Items 6.g. and 6.h. She stated Mayor Parker had a non-interest pursuant to Government Code 1091.5 and Member Dutra had a remote interest pursuant to Government Code 1091, thus his vote would not be counted towards the determination of a majority.

MOTION: It was moved by Member García, seconded by Mayor Pro Tempore Montesino to approve the Consent Agenda.

In answering Member García, Parks & Community Services Director Calubaquib provided details regarding the before school child care program listed under Item 6.g.1.

Parks & Community Services Director Calubaquib, in answering Mayor Pro Tempore Montesino, spoke about the change orders listed under Item 6.c.

Member Hurst spoke in support of Items 6.c., 6.g., 6.h. and 6.i.

MOTION: The above motion carried by the following vote.

AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
ABSTAIN: MEMBERS: Dutra (Items 6.g. and 6.h. only)

6.a. MOTION APPROVING MINUTES OF AUGUST 30, 2022

6.b. MOTION ACCEPTING APRIL 2022 THROUGH JUNE 2022 INVESTMENT REPORT

6.c. RESOLUTION NO. 185-22 (CM)
A RESOLUTION APPROVING CONTRACT CHANGE ORDER NUMBERS 7, 8, & 9 WITH

GRANITE CONSTRUCTION COMPANY, FOR THE WATSONVILLE SLOUGH CONNECTOR TRAIL, PROJECT NO. PK-21-01 NOT TO EXCEED $836,872.06; & DIRECTING THE CITY MANAGER TO EXECUTE SAME; & APPROPRIATING $74,143.27 FROM THE PARK LAND

IMPACT FEE FUND

6.d. CONTRACT AMENDMENTS WITH CSG CONSULTANTS, INC. & 4LEAF, INC. TO PROVIDE

PLAN REVIEW & INSPECTION SERVICES FOR THE CITY
1) RESOLUTION NO. 186-22 (CM)

A RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT WITH CSG CONSULTANTS, INC. FOR BUILDING CONSTRUCTION, FIRE PLAN REVIEW,

FIELD BUILDING INSPECTION, & SUPPLEMENTAL PERMIT TECHNICIAN SERVICES, EXTENDING THE TERM OF THE CONTRACT TO JUNE 30, 2023 2) RESOLUTION NO. 187-22 (CM)
A RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH 4LEAF, INC., FOR BUILDING CONSTRUCTION, FIRE PLAN REVIEW, FIELD BUILDING

INSPECTION, & SUPPLEMENTAL PERMIT TECHNICIAN SERVICES, EXTENDING THE TERM OF THE CONTRACT TO JUNE 30, 2023, UPDATING THE COMPENSATION RATES FOR FY2022-2023

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6.e. RESOLUTION NO. 188-22 (CM)

A RESOLUTION APPROVING SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH VERDE DESIGN, INC., TO INCREASE CONTRACT COMPENSATION BY $161,300.00, & TO EXTEND THE TERM OF THE CONTRACT TO JUNE 30, 2023

6.f. RESOLUTION NO. 189-22 (CM)

A RESOLUTION APPROVING SOLE SOURCE PURCHASE ORDER WITH TROJAN

TECHNOLOGIES GROUP ULC, FOR THE PURCHASE OF PROPRIETARY SPARE

PARTS FOR THE RECYCLED WATER FACILITY, IN AN AMOUNT NOT TO EXCEED $150,492.52 (WHICH INCLUDES A 5% CONTINGENCY)

6.g. AGREEMENT & AMENDMENT TO AGREEMENT WITH PVUSD FOR EXPANDED

LEARNING OPPORTUNITY PROGRAM
1) RESOLUTION NO. 190-22 (CM)

A RESOLUTION APPROVING A SITE SERVICES AGREEMENT / SHORT-TERM WITH PÁJARO VALLEY UNIFIED SCHOOL DISTRICT IN THE AMOUNT OF $22,000,

TO PROVIDE BEFORE SCHOOL CARE THROUGH THE EXPANDED LEARNING OPPORTUNITIES PROGRAM FOR FISCAL YEAR 2022-2023, AUTHORIZING & DIRECTING THE CITY MANAGER TO EXECUTE SAME; & APPROPRIATING SUCH

FUNDS TO THE GENERAL FUND
2) RESOLUTION NO. 191-22 (CM)

A RESOLUTION APPROVING FIRST AMENDMENT TO SITE SERVICES AGREEMENT / SHORT-TERM WITH PÁJARO VALLEY UNIFIED SCHOOL DISTRICT (PVUSD), TO PROVIDE SERVICES THROUGH THE DISTRICT’S EXPANDED LEARNING OPPORTUNITIES PROGRAM FOR FISCAL YEAR 2022-2023, ADDING

TO THE SCOPE OF WORK, INCREASING COMPENSATION IN AN AMOUNT NOT TO EXCEED $278,000; EXTENDING THE CONTRACT TERM TO JUNE 30, 2023; AUTHORIZING & DIRECTING THE CITY MANAGER TO EXECUTE SAME; & APPROPRIATING $278,000 IN REVENUE FROM PVUSD TO CITY GENERAL FUND

6.h. RESOLUTION NO. 192-22 (CM)

A RESOLUTION APPROVING SITE SERVICE AGREEMENT/SHORT-TERM AGREEMENT WITH PÁJARO VALLEY UNIFIED SCHOOL DISTRICT, TO PROVIDE AFTER SCHOOL

ENVIRONMENTAL SCIENCE WORKSHOP PROGRAMMING AT PVUSD ELEMENTARY AND MIDDLE SCHOOL SITES THROUGH THE DISTRICT’S EXPANDED LEARNING

OPPORTUNITIES PROGRAM, AUTHORIZING & DIRECTING THE CITY MANAGER TO EXECUTE SAME; & APPROPRIATING $225,000 IN REVENUE FROM PVUSD TO CITY

GENERAL FUND)

6.i. RESOLUTION NO. 193-22 (CM)
A RESOLUTION ACCEPTING $118,895 IN GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR FY 2023: $75,000 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) & $43,895 FOR THE PEDESTRIAN & BICYCLE

SAFETY PROGRAM, TO USE FOR THE IMPLEMENTATION OF TRAFFIC SAFETY STRATEGIES; AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD AGREEMENT & ANY AMENDMENTS THERETO; & ANY NECESSARY
DOCUMENTS; & DIRECTING THAT SUCH FUNDS BE APPROPRIATED TO THE SPECIAL GRANTS FUND (0260)

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6.j. RESOLUTION NO. 194-22 (CM)
A RESOLUTION APPROPRIATING $14,229 FROM THE CARBON FUND (0311) FOR THE CITY’S CONTRIBUTION TOWARDS THE PG&E HOT WATER HEATER REPLACEMENT

PROGRAM

6.k. ORDINANCE NO. 1437-22 (CM)
AN ORDINANCE ADDING & AMENDING CERTAIN SECTIONS OF CHAPTER 3 (CITY UTILITIES) OF TITLE 6 (SANITATION AND HEALTH) OF THE WATSONVILLE MUNICIPAL

CODE REGARDING OWNERSHIP & MAINTENANCE OF WATER, FIRE, AND SEWER FACILITIES.

6.l. ORDINANCE NO. 1438-22 (CM)
AN ORDINANCE AMENDING SECTION 1-2.01 & ADDING NEW SECTIONS TO CHAPTER 2 (PENALTY PROVISIONS) OF TITLE 1 (GENERAL PROVISIONS) OF THE MUNICIPAL CODE

RELATING TO VIOLATIONS & RECOVERY OF ENFORCEMENT COSTS FOR VIOLATIONS

OF THE MUNICIPAL CODE

7. ITEMS REMOVED FROM CONSENT AGENDA – None

8. NEW BUSINESS

8.a. INTEGRATING COMPLETE STREETS INFRASTRUCTURE & COMPONENTS ALONG STATE ROUTE 152 WITHIN THE CITY
1) Staff Report by Principal Engineer Fontes and Community Development Director Merriam
2) City Council Clarifying & Technical Questions
In answering Mayor Parker, Principal Engineer Fontes spoke about the traffic study that would be conducted as part of the Watsonville Downtown Specific Plan, which would aid in determining potential impacts to other streets.

Assistant Public Works & Utilities Director Rodriguez, in answering Member García, spoke about potential funding sources for portions of the road diet that was being recommended.

Member García stated her support for proposed street light improvements on Main and Pennsylvania Streets.

In answering Member Quiroz-Carter, Principal Engineer Fontes spoke about the proposed improvements in certain areas covered by the project.

Principal Engineer Fontes, in answering Mayor Pro Tempore Montesino, stated funding for the project was determined by Caltrans’ budget cycles. 3) Public Input – None
4) MOTION: It was moved by Member Hurst, seconded by Mayor Pro Tempore Montesino to approve the resolution listed below.
5) City Council Deliberation on Motion

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Mayor Parker stated the importance of providing support for residents and businesses, and addressing their traffic concerns.

MOTION: The above motion carried by the following vote.

AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
6) RESOLUTION NO. 195-22 (CM)
A RESOLUTION IN SUPPORT OF CALTRANS PROJECT 05-1P110 INTEGRATING

COMPLETE STREETS INFRASTRUCTURE & COMPONENTS ALONG STATE ROUTE 152 WITHIN THE CITY OF WATSONVILLE

9. PUBLIC HEARINGS, ORDINANCES, & APPEALS

9.a. TIME EXTENSION & MINOR PERMIT MODIFICATION (PP2022-3320) FOR THE

ENCOMPASS COMMUNITY SERVICES PORTION OF THE MILES LANE PROJECT (PP2019-14) LOCATED AT 161 MILES LANE (APN 016-491-07)
1) Staff Report by Principal Planner Orbach
2) City Council Clarifying & Technical Questions
In answering Member García, Encompass Community Services Chief Executive Officer (CEO) Martinez spoke about the benefits of the requested time extension and minor permit modification on the cost and functionality of the project. 3) Public Comments
Monica Martinez, Encompass Community Services CEO, spoke in support of the project and about the importance of behavioral health services.
4) MOTION: It was moved by Member Dutra, seconded by Member García to approve the resolution listed below.
5) City Council Deliberation on Motion
Member Dutra spoke in support of the project.

Member Hurst spoke in support of the proposed modification and about the benefits the project would bring the community.

In answering Member Dutra, Encompass Community Services CEO Martinez spoke about the timeline of the project.

MOTION: The above motion carried by the following vote.

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C:\Program Files\eSCRIBE\TEMP\19563767207\19563767207,,,Minutes September 13, 2022.docx AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
6) RESOLUTION NO. 196-22 (CM)

A RESOLUTION APPROVING A TIME EXTENSION & MINOR PERMIT MODIFICATION (PP2022-3320) FOR THE ENCOMPASS COMMUNITY SERVICES PORTION OF THE MILES LANE PROJECT (PP2019-14) ON A 0.99-ACRE SITE LOCATED AT 161 MILES LANE (APN: 016-491-07)

10. EMERGENCY ITEMS ADDED TO AGENDA – None

11. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS – None

12. ADJOURNMENT
The meeting was adjourned at 7:24 p.m.
__________________________ __
Ari Parker, Mayor
ATTEST:
_____________________ _________
Irwin I. Ortiz, City Clerk

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Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

HILDA MARTINEZ, ADMINISTRATIVE ANALYST

BEAU KAYSER, WATER DIVISION MANAGER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING SPECIFICATIONS AND ISSUING A

CALL FOR BIDS FOR THE PURCHASE OF WATER SUPPLY
PRODUCTS, PROJECT NO. WA-22-01
RECOMMENDED ACTION:

Staff recommends that City Council adopt a resolution approving specifications and issuing a call for bids for the purchase of water supply products.

BACKGROUND:

The City’s current agreement for water supply products has expired. In order to continue ongoing infrastructure maintenance and emergency water line repairs, a call for bids for water supply products for the Water Services Division is needed.

DISCUSSION:

Staff recommends that City Council adopt a resolution approving specifications and issuing a call for bids for the purchase of Water Supply Products, Project No. WA-22-01.

Bids will be received no later than Monday, October 17, 2022 at 11:00 a.m.

The Division is responsible for the construction and maintenance of the City’s water distribution system; this includes ongoing water main line replacement projects, emergency water main line leaks, hydrant knock downs, and supporting the Public Works & Utilities Department with other related projects.

The specifications for the purchase of Water Supply Products, Project No. WA-22-01, have been prepared and copies are available at the City Clerk’s Office. Upon City Council approval, the City will seek bids from fully licensed and insured vendors and authorized distributors of Water Supply Products to enter into a three (3) year agreement with the City with the possibility of extending the agreement for a maximum of two (2) additional one-year periods.

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STRATEGIC PLAN:

The project supports Strategic Plan Priority:
3 - Infrastructure and Environment
FINANCIAL IMPACT:

There is no financial impact as a result of this action item. However, upon award, there will be sufficient funding to execute a purchase contract in the adopted FY 2022/23 budget in accounts 720-913-7831-14833.

ALTERNATIVE ACTION:

None recommended.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING SPECIFICATIONS AND CALLING FOR

BIDS FOR THE PURCHASE OF WATER SUPPLY PRODUCTS,
PROJECT NO. WA-22-01, ESTIMATED COST OF $500,000 FOR THE

NEXT THREE YEARS BUDGETED IN THE WATER ENTERPRISE FUND
AND ADOPTED IN THE BUDGET FISCAL YEAR 2022-2023
WHEREAS, the City’s current agreement for Water Supply Products has expired; and
WHEREAS, to provide the necessary supplies and materials for the ongoing water main line replacement projects, emergency water main line leaks, and other related Public Works projects, a call for bids for the purchase of water line supply products for the City’s Water Services Division is necessary: and
WHEREAS, in accordance with the City’s Purchasing Policy, the City will seek bids from fully licensed and insured manufacturers and/or distributors of water supply products to enter into a three-year (3) service agreement with the City, with the possibility of extending the agreement for a maximum of two (2) additional one-year periods.

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 plans and specifications and calling for bids for the Water Supply Products, Project No.WA-22-01, does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14

Reso No. (CM)
Meeting Date: 011122 2
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 specifications for the Water Supply Products, Project No. WA-22- 01, copies of which are on file in the Office of the City Clerk, are hereby approved.

3. That the Purchasing Office is hereby authorized and directed to call for public competitive sealed bids for the above named project, and that the bids are to be opened in the “Old City Council Chambers”, 250 Main Street, Watsonville, California, on Monday, October 17, 2022, at 11:00 A.M., and the City Clerk is hereby directed to give notice inviting such sealed bids in the time, form, and manner provided by law.

4. That hand-carried bids should be delivered to the City of Watsonville, 250 Main Street, Watsonville, California, c/o Purchasing Officer. Bidders may mail bids at their own risk to the City of Watsonville, c/o Purchasing Officer, 250 Main Street Watsonville, California, 95076.

5. That after the bids are opened, they shall be tabulated and analyzed and a report submitted to the City Manager, who shall recommend the awarding, or other action, to the Council at its next regular meeting, or as soon thereafter as possible. **********************************************************

9/20/2022 6:16:04 PM
C:\Program Files\eSCRIBE\TEMP\1816243527\1816243527,,,Report - Headworks Eval Carollo Engineers .docx Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

RYAN SMITH, WASTEWATER DIVISION MANAGER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: CONTRACT WITH CAROLLO ENGINEERS, INC. FOR THE

HEADWORKS AND INFLUENT PUMP STATION IMPROVEMENTS

EVALUATION PROJECT
RECOMMENDED ACTION:

Adopt a resolution awarding a contract to Carollo Engineers, Inc. for the Headworks and Influent Pump Station Improvements Evaluation Project in the amount of $157,244; and authorizing the City Manager to execute said contract.

BACKGROUND:

The City’s Wastewater Treatment Facility (WWTF) comprises multiple stages of treatment processes. The area known as the headworks is where the first stage occurs: influent pumping and preliminary treatment (screening and grit removal). The headworks structure was originally constructed in the 1950’s, is operating beyond its expected useful life, and now must be replaced. Staff proposes to use a qualified firm to assist with an evaluation of the headworks and influent pump station to inform the design of a future capital improvement project.

DISCUSSION:

The headworks area at the City’s WWTF consists of an influent pump station and preliminary wastewater treatment facilities. The influent pump station lifts water up from the underground sewer lines that convey sewage to the WWTF, and into the concrete headworks structure that contains preliminary treatment processes. The preliminary treatment systems are screening for rags/wipes and other debris removal, followed by a grit removal system to remove rocks and sand. As a whole, the influent pump station and headworks are a single point of failure at the WWTF.

Unfortunately, the influent pump station and headworks structures are significantly aged and in need of replacement. Decades of corrosive sewer gasses have severely corroded the concrete, exposing aggregate and rebar, and making the structure unsafe to walk on in certain areas. Additionally, the structure was designed and constructed prior to modern

9/20/2022 6:16:04 PM
C:\Program Files\eSCRIBE\TEMP\1816243527\1816243527,,,Report - Headworks Eval Carollo Engineers .docx day seismic codes. To highlight the importance of the headworks, a significant failure of the structure that could not be fixed immediately would result in needing to mobilize emergency pump-around equipment and staffing the facility 24/7 until repaired. It could also result in violations of environmental regulations due to improper operation of the treatment plant. Replacing the headworks with a new structure and screening/grit removal technologies will reduce these types of risks and additional costs to the City, by improving the WWTF’s reliability and performance.

Carollo was selected from the City’s list of On-Call Water and Wastewater Design consultants for their knowledge and experience in wastewater facilities and their specific experience working with the City’s WWTF. Additionally, Carollo was previously under contract for the design of a new headworks facility until the WWTF electrical distribution system replacement project took priority. The on-call consultants list was selected from the publicly advertised Request for Qualification Statements from Consulting Engineering Firms for Periodic and On-Call Water and Wastewater Professional Design Services in June 2020 that is valid for three years.

Between June and July 2022, City staff conducted a series of meetings with Carollo to discuss a plan to move a future headworks and influent pump station replacement project forward. Carollo submitted a proposal on July 12 for a holistic evaluation of the headworks area facilities that will inform the design of a future facility that City staff then reviewed and found to be satisfactory.

Staff therefore recommends a professional services agreement be executed with Carollo Engineers, Inc. in the amount of $157,244 for the Headworks and Influent Pump Station Improvements Evaluation Project.

STRATEGIC PLAN:

This project supports Strategic Plan Priority:
3 – Infrastructure & Environment
FINANCIAL IMPACT:

Funds for this project are budgeted in account code 0710-911-7855-14410.

ALTERNATIVE ACTION:

Council could elect not to award the contract to Carollo Engineers, Inc.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM) 1
Meeting Date: 091322
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE AWARDING A CONTRACT FOR CONSULTANT

SERVICES BETWEEN THE CITY OF WATSONVILLE AND CAROLLO
ENGINEERS, INC., A CORPORATION, TO PERFORM HEADWORKS AND

INFLUENT PUMP STATION IMPROVEMENTS EVALUATION, IN AN
AMOUNT NOT TO EXCEED $157,244; AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, and that the City will use a qualifications-based selection process as described in subdivision (a) of § 4527 of the California Government Code and negotiated as described in § 4528; and
WHEREAS, a Request for Qualifications (RFQ) was issued on May 9, 2020, with submissions due June 9, 2020, asking for qualified consultants to assist the City for periodic and on call water and wastewater professional design services; and WHEREAS, a total of 12 firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and

Reso No. (CM) 2
Meeting Date: 091322
WHEREAS, Carollo Engineers, Inc., is on this list of eligible on-call consultants for the consideration of the City Manager and submission to the City Council; and WHEREAS, Carollo Engineers, Inc., was selected from the City’s list of eligible onCall Water and Wastewater Design consultants for their knowledge and experience in recycled water facilities and their specific experience working with the City’s wastewater facilities; and
WHEREAS, the City Manager has recommended that the proposal from Carollo Engineers, Inc., a corporation, in an amount not to exceed $157,244, be accepted as the best response for the headworks and influent pump station improvements evaluation project.

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 awarding contract to Carollo Engineers, Inc. for the headworks and influent pump station improvements evaluation project does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the contract is hereby awarded to Carollo Engineers, Inc., a corporation, the headworks and influent pump station improvements evaluation project, in an amount not to exceed $157,244.

Reso No. (CM) 1
Meeting Date: 091322

3. That the Contract for Consultant Services between the City of Watsonville and Carollo Engineers, Inc., a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

4. Consultant shall file FPPC for 700s and 805s pursuant to section 19 of the Contract.

5. That the City Manager is hereby authorized and directed to execute said Contract for and on behalf of the City of Watsonville, in the form attached hereto with minor revisions that may be approved by the City Manager and the City Attorney. ***********************************

CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND CAROLLO ENGINEERS, INC.

THIS CONTRACT, is made and entered into this ______________________, by and between the City of Watsonville, a municipal corporation, hereinafter calle and Carollo Engineers, Inc. , hereinafter called "Consultant."

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

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services as specified in detail in Exhibit "A," entitled "SCOPE OF SERVICES" which is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from October 1, 2022 to October 1, 2024, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit "B," entitled "SCHEDULE OF PERFORMANCE," which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the "SCHEDULE OF PERFORMANCE." SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit "C" entitled "COMPENSATION," which is attached hereto and incorporated herein.

SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit "C," each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement

benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION. To the full extent permitted by law (subject to the limitations of Civil Code section 2782.8 Contract), Consultant will
indemnify, hold harmless, release and defend the City (including its officers, elected or appointed officials, employees, volunteers or agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses or to
recklessness, or willful misconduct in the performance of this Contract. In no event shall the cost to defend charged to the Co
proportionate percentage of fault.

Contract are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers compensation insurance.

SECTION 9. INSURANCE.

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

B. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $500,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.

(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $500,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

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

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

Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

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

SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

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

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

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

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

SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.

SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.

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

SECTION 15. CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.

SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the Contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

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

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

SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

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

CONSULTANT
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94598
(925) 932-1710
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///

WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY ______________________________
Rene Mendez, City Manager
ATTEST:

BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
Rick Chan, Senior Vice President
BY_________________________________
Elaine Simmons, Associate Vice President

EXHIBIT "A"

SCOPE OF SERVICES
The scope of services is as follows:

See Attachment

SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:

October 1, 2022 through October 1, 2024

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $157,244.
b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this Contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation. r appropriate compensation.

1 EXHIBIT A

CITY OF WATSONVILLE

HEADWORKS AND INFLUENT PUMP STATION

IMPROVEMENTS EVALUATION

SCOPE OF SERVICES
September 3, 2022
The following presents the Consultant’s scope of services to evaluate the addition of a new headworks, influent pump station, and associated facilities at the City’s Wastewater Treatment Facility (WWTF).

Task 1 – Project Management and Kickoff Meeting
Consultant shall provide project administration and management to perform planning, execution, and reporting of the project. Consultant shall prepare a progress letter report for attachment to the monthly invoice to report status of budget expenditures and key work products completed during the billing period.

Consultant shall conduct one virtual meeting to kick off the project. At this meeting, Consultant shall review and confirm the scope, schedule, and deliverables for this project. Consultant shall also review key project assumptions to be used and solicit input and feedback from City and plant staff on the evaluation approach for all scope elements.

Deliverables for Task 1:
 Progress letter reports.
 Kickoff meeting agenda, presentation materials, and minutes.

Task 2 – Headworks and Influent Pump Station Evaluation Consultant shall update the 2019 Influent Pump Station and Headworks Evaluation to evaluate the use of a combined headworks and influent pump station facility to replace the existing influent pump station and headworks facilities. The following items will be considered:
 Confirm design flow rates for the new combined headworks and influent pump station.  Evaluate configuration of the new combined headworks and influent pump station to be located west of the existing influent pump station and headworks facilities. This will include:
o Evaluate three bar screen technologies for raw sewage applications that include: 1) multi‐rake screens, 2) perforated plate screens, and 3) continuous link filter screens.

Compare their design features, O&M requirements, cost, and other factors to help the City make the final selection.
o Evaluate design and layout of a new shaftless screw conveyor and a screenings washer/compactor with water sprays for screenings conveyance and dewatering. o Evaluate two influent pump station configuration alternatives with submersible pumps that include: 1) wet‐pit design with rectangular approach, and 2) wet‐pit design with self‐cleaning wet wells.

Attachment: Exhibit "A" Scope of Services

2 o Evaluate odor control ducting provisions for the new combined headworks and influent pump station facility to connect to the existing plant odor control system. o Estimate electrical power requirements of the new combined headworks and influent pump station facility.
 Evaluate rerouting of the existing 36‐inch and 48‐inch diameter plant influent sewers and develop preliminary construction sequencing steps needed to connect them to the new combined headworks and influent pump station facility. This includes identifying the alignment and location of the new influent sewers and manholes needed to connect existing and new facilities.
 Estimate construction cost for the new combined headworks and influent pump station facility and associated support systems.
 Prepare a Project Memorandum to summarize the evaluation approach, key findings, and recommendation of this evaluation. The Project Memorandum will initially be submitted in draft form for City and plant staff review. Applicable review comments will be incorporated into the final Project Memorandum.
 Conduct one virtual project meeting to review and discuss the key findings and recommendations of the draft Project Memorandum.

Deliverables for Task 2:
 Draft and final Project Memorandum in PDF format.
 Meeting agenda, presentation materials, and minutes.

Task 3 – Grit Removal Facility Evaluation
Consultant shall evaluate the use of vortex grit basin technology to replace the existing rectangular pre‐ aeration basins used for grit removal. The following items will be considered:
 Confirm design flow rates for the new vortex grit basin.  Evaluate configuration of the new vortex grit basin facility to be located close by the new combined headworks and influent pump station facility. This will include:
o Evaluate two grit basin technologies that include: 1) flat‐bottom grit removal basins as manufactured by Pista, and 2) sloped‐bottom grit removal basins as manufactured by Jeta. Compare their design features, O&M requirements, cost, and other factors to help the City make the final selection.
o Evaluate design and layout of two grit washing and dewatering technologies that include: 1) grit cyclone/classifiers, and 2) SlurryCup grit snail system. Compare their design features, O&M requirements, cost, and other factors to help the City make the final selection.
o Evaluate design and layout of new grit pump withdrawal technologies that include: 1) self‐priming pumps positioned above the grit chamber liquid surface, and 2) recessed impeller pumps with flooded suction positioned at the base of the grit chamber hopper.

Compare their design features, O&M requirements, cost, and other factors to help the City make the final selection.

3 o Evaluate odor control ducting provisions for the new vortex grit basin facility to connect to the existing plant odor control system.
o Estimate electrical power requirements of the new vortex grit basin facility.  Estimate construction cost for the new vortex grit basin facility and associated support systems.  Prepare a Project Memorandum to summarize the evaluation approach, key findings, and recommendation of this evaluation. The Project Memorandum will initially be submitted in draft form for City and plant staff review. Applicable review comments will be incorporated into the final Project Memorandum.
 Conduct one virtual project meeting to review and discuss the key findings and recommendations of the draft Project Memorandum.

Deliverables for Task 3:
 Draft and final Project Memorandum in PDF format.
 Meeting agenda, presentation materials, and minutes.

Task 4 – Primary Filtration Evaluation
Consultant shall evaluate the use of primary filtration technology to replace the existing rectangular primary sedimentation tanks used for removal of suspended particles. The following items will be considered:
 Confirm design flow rates for the new primary filtration system.  Evaluate configuration of the new primary filtration facility to be located close by the new combined headworks and influent pump station and the new grit removal facility. This will include:
o Evaluate three primary filtration technologies that include: 1) Salsnes Filters, 2) AquaPrime, and 3) Proteus Filters. Compare their design features, O&M requirements, cost, and other factors to help the City make the final selection. o Evaluate odor control ducting provisions for the new primary filtration facility to connect to the existing plant odor control system.
o Estimate electrical power requirements of the new primary filtration facility.  Estimate construction cost for the new primary filtration facility and associated support systems.  Prepare a Project Memorandum to summarize the evaluation approach, key findings, and recommendation of this evaluation. The Project Memorandum will initially be submitted in draft form for City and plant staff review. Applicable review comments will be incorporated into the final Project Memorandum.
 Conduct one virtual project meeting to review and discuss the key findings and recommendations of the draft Project Memorandum.

Deliverables for Task 4:
 Draft and final Project Memorandum in PDF format.
 Meeting agenda, presentation materials, and minutes.

4 Task 5 – Septage Receiving Station Evaluation
Consultant shall evaluate replacing the existing septage receiving station with a new septage receiving station. The following items will be considered:
 Evaluate configuration of the new septage receiving station to be located close by the new combined headworks and influent pump station facility. This will include:
o Evaluate design and layout of the new septage receiving station and support equipment similar to the existing station (conveyance piping, screen, screenings conveyor, dumpster, utility water, etc.).
o Evaluate odor control ducting provisions for the new septage receiving station to connect to the existing plant odor control system.
o Estimate electrical power requirements of the new septage receiving station.  Estimate construction cost for the new septage receiving station and associated support systems.
 Prepare a Project Memorandum to summarize the evaluation approach, key findings, and recommendation of this evaluation. The Project Memorandum will initially be submitted in draft form for City and plant staff review. Applicable review comments will be incorporated into the final Project Memorandum.
 Conduct one virtual project meeting to review and discuss the key findings and recommendations of the draft Project Memorandum.

Deliverables for Task 5:
 Draft and final Project Memorandum.
 Meeting agendas, presentation materials, and minutes.

Task 6 – Headworks Electrical Building Evaluation
Consultant shall update the 2019 Headworks Electrical Evaluation to evaluate the use of a new standalone masonry Headworks Electrical Building to replace the existing Headworks Electrical Room.

The following items will be considered:
 Evaluate configuration of the new Headworks Electrical Building to be located close by the new combined headworks and influent pump station facility. This will include:
o Evaluate space requirements of the new Headworks Electrical Building to house the new MCCs and other electrical and instrumentation equipment based on the estimated electrical power requirements developed for Tasks 2 through 5 and the estimated electrical power requirements for the long‐term thickening recommendations developed in the 2020 Solids Thickening Evaluation (as spare capacity). o Evaluate HVAC provisions needed for the new Headworks Electrical Building.  Estimate construction cost for the new Headworks Electrical Building and associated support systems.
 Prepare a Project Memorandum to summarize the evaluation approach, key findings, and recommendation of this evaluation. The Project Memorandum will initially be submitted in draft

5 form for City and plant staff review. Applicable review comments will be incorporated into the final Project Memorandum.
 Conduct one virtual project meeting to review and discuss the key findings and recommendations of the draft Project Memorandum.

Deliverables for Task 6:
 Draft and final Project Memorandum.
 Meeting agendas, presentation materials, and minutes.

Task 7 – Project Report
Consultant shall prepare a Project Report includes: 1) a brief Executive Summary of the key findings and recommendations of the final Project Memorandums developed for Tasks 2 through 6, and 2) final Project Memorandums. The Project Report will initially be submitted in draft form for City and plant staff review. Applicable review comments will be incorporated into the final Project Report.

Deliverables for Task 7:
 Draft and final Project Report.

Optional Services
The following Optional Services can be provided to cover additional engineering services to be requested by the City. Each optional task will only be performed by the Consultant upon receiving a separate written approval from the City in advance of the work to be completed.

Option Task 1 – Wastewater Treatment Plant Site Visits
Consultant shall make arrangements and schedule site visits for City and plant staff to visit two (2) Bay Area wastewater treatment plants over an 8‐hour period (including travel) to see first‐hand the various headworks technologies and equipment being proposed and gain valuable insight from peers who have experience operating and maintaining these processes and equipment.

Deliverables for Optional Task 1:
 Site visit trip report.

Option Task 2 – Funding or Project Support Services
This optional task provides a budget allowance for additional work that may be required during this phase that is not otherwise explicitly identified herein, but could include tasks such as funding support, additional strategy or decision support meetings, developing materials for City Council meetings, additional technical analysis, etc. For scoping purposes, this optional task currently assumes 40 labor hours. If the City decides to implement this task, extending the project time of performance may also be required
Deliverables for Optional Task 2:
 To be determined based on the specific scope requested by the City.

Budget and Schedule
Table 1 presents the labor and budget estimate and Table 2 presents the schedule for this project.

6 Project Assumptions:
 All project deliverables will be submitted electronically via PDF files unless noted otherwise.  Layout of new proposed facilities will be based on the 2018 topographic survey files prepared by Mid Coast Engineers that the City provided to Consultant for use on the 2019 Headworks Modification Project since no major civil/site improvements have occurred since the last survey was completed.
 Foundation design evaluation will be based on recommendations developed in the 2018 Geotechnical Investigation prepared by Fugro for the WWTP Headworks Modification.  Concrete condition assessment of the existing primary sedimentation tanks is not included in this scope.

Additional Assumptions and Clarifications:
 DELIVERABLE USE AND REUSE. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to Consultant.

Consultant's instruments of service hereunder are the printed hard copy drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold Consultant harmless from liability arising out of changes or modifications to Consultant's data in electronic media form in the City's possession or released to others by the City.  STANDARD OF CARE. Consultant shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.  CITY‐PROVIDED INFORMATION AND SERVICES. The City will furnish Consultant available studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement.  ACCESS. The City will arrange for access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder.

7  ESTIMATES AND PROJECTIONS. In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming wastewater quality and/or quantity; the way City’s plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factors that may materially affect the ultimate project elements, including but not limited to, cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from Consultant’s opinions, analyses, projections, or estimates.
 THIRD PARTIES. The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant's services hereunder.”

Senior
Professional
Lead Project
Professional Professional
CAD
Technician
Document
Processor Total Labor
Sub
Beecher PECE ODC Total
Task Description $315 $293 $230 $170 $125 Hours Cost EI&C $13.00 Trips Amount Total Cost 1 Project Management and Kickoff Meeting 16 4 10 0 0 30 $8,512 $390 0 $0 $390 $8,9022 Headworks and Influent Pump Station Evaluation 24 8 98 24 6 160 $37,274 $2,080 1 $120 $2,200 $39,4743 Grit Removal Facility Evaluation 12 6 46 20 6 90 $20,268 $1,170 0 $0 $1,170 $21,4384 Primary Filtration Evaluation 16 8 76 24 6 130 $29,694 $1,690 1 $120 $1,810 $31,5045 Septage Receiving Station Evaluation 8 6 44 16 6 80 $17,868 $1,040 0 $0 $1,040 $18,9086 Headworks Electrical Building Evaluation 2 2 4 0 2 10 $2,386 $5,544 $130 0 $0 $5,674 $8,0607 Project Report 8 6 24 6 6 50 $11,568 $650 0 $0 $650 $12,218 Total Tasks 1 to 7 = 86 40 302 90 32 550 $127,570 $5,544 $7,150 2 $240 $12,934 $140,504 Optional Services

1.0 Wastewater Treatment Plant Site Visits 10 0 10 0 0 20 $5,450 $260 0 $0 $260 $5,7102.0 Funding or Project Support Services 8 10 22 0 0 40 $10,510 $520 0 $0 $520 $11,030 TABLE 1

LABOR AND BUDGET ESTIMATE

CITY OF WATSONVILLE

HEADWORKS AND INFLUENT PUMP STATION IMPROVEMENTS EVALUATION Other Direct Costs (ODC)
Mileage
Table 1 - Budget.xlsx 9/3/2022

Task Description
Notice to Proceed
1 Project Management and Meetings
2 Headworks and Influent Pump Station Evaluation
3 Grit Removal Facility Evaluation
4 Primary Filtration Evaluation
5 Septage Receiving Station Evaluation
6 Headworks Electrical Building Evaluation
7 Project Report
Carollo Task Draft Project Memo Kickoff Meeting
City Review Final Project Memo Review Meeting
May
2022 2023
Oct Nov Dec Jan Feb Mar Apr
TABLE 2

PROJECT SCHEDULE

CITY OF WATSONVILLE

HEADWORKS AND INFLUENT PUMP STATION IMPROVEMENTS EVALUATION D
D
D
D
D
D
F
F
F
F
F
F
D
F
Table 2 - Schedule.XLSX 9/3/2022

9/20/2022 6:03:01 PM
C:\Program Files\eSCRIBE\TEMP\1825243688\1825243688,,,Report - Purchase of John Deer 6130M Tractor .docx Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

JOHN MORENO, FIELD SERVICES CREW LEADER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AUTHORIZATION FOR A PURCHASE ORDER OF A JOHN
DEERE 6130M TRACTOR IN THE AMOUNT OF $249,581.21
RECOMMENDED ACTION:

Adopt a resolution authorizing a purchase order of a John Deere 6130M Tractor with a mounted Tiger Bengal Brute Mower, from Municipal Maintenance Equipment, through the purchasing authority of Sourcewell (formerly NJPA), purchasing agreement No. 070821- TGR.

BACKGROUND:

The Field Services Division utilizes and depends heavily on equipment such as tractors to complete routine maintenance of City-owned parcels of land.

DISCUSSION:

The Field Services Division’s primary responsibilities include the maintenance of City parcels of land. The purchase of a new John Deere 6130M Tractor with a mounted Tiger Bengal Brute Mower is essential to the Division’s mowing program which includes over 200 acres of open space, the Pajaro River Levee, the trail system and numerous rights-of-way.

Moreover, mowing is essential to the City’s annual “fuel load” reduction for fire prevention during the summer.

The Division’s current 1997 John Deere tractor has exceeded its useful life and is recurrently out of service. Finding replacement parts is time consuming which creates serious issues when the tractor breaks down during critical times of the year such as fall nesting season and summer fire season. The tractor, when operable, is also used to clear vegetation in channels, ditches and outlets in preparation for the rainy season in order to allow water to flow through unobstructed for flood prevention. The John Deere 6130M tractor is also vital to the Division’s inventory for Stormwater Maintenance Best Management Practices.

9/20/2022 6:03:01 PM
C:\Program Files\eSCRIBE\TEMP\1825243688\1825243688,,,Report - Purchase of John Deer 6130M Tractor .docx STRATEGIC PLAN:

This purchase supports Strategic Plan Priority:
3 - Infrastructure and Environment
FINANCIAL IMPACT:

Sufficient funds are available in this fiscal year’s CIP budget in account 740-912-7805- 15057.

ALTERNATIVE ACTION:

City Council may decide not to approve the purchase request or may direct staff to continue utilizing the current John Deere tractor which is not recommended for the reasons stated above.

ATTACHMENTS AND/OR REFERENCES (If any):
1) Vendor Quote
2) Sourcewell Documentation
3) Sourcewell Contract – No. 070821-TGR

3301 North Louise Ave.

Sioux Falls, SD 57107
PHONE: 800-843-6849
Fax: 800-716-762
www.tigermowers.com
August 11, 2022
City of Watsonville
231 Union Street
Watsonville CA. 95076
To Whom it may concern:

Per our discussion today related to the Sourcewell Quote#MME-CW-05312022, Tiger will be able to hold pricing from 8/11/22 for the next 60 days on the Tiger products. We don’t foresee a tractor price increase unit November 2022, however Tiger has no control over the tractor manufacturer’s pricing.

Sincerely,
Tom Burns
Western Territory Manager
Attachment 1

Attachment 1

Attachment 2

Attachment 2

070821-TGR
Rev. 3/2021 1
Solicitation Number: RFP #070821

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Tiger Corporation, 3301 N. Louise Ave., Sioux Falls, SD 57107 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Road Right-of-Way Maintenance Equipment from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires August 9, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 







 



Attachment 3

070821-TGR
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new andthe current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 







 



Attachment 3

070821-TGR
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 







 



Attachment 3

070821-TGR
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 







 



Attachment 3

070821-TGR
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:









 



Attachment 3

070821-TGR
Rev. 3/2021 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 







 



Attachment 3

070821-TGR
Rev. 3/2021 7
by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.








 



Attachment 3

070821-TGR
Rev. 3/2021 8
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 







 



Attachment 3

070821-TGR
Rev. 3/2021 9
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.








 



Attachment 3

070821-TGR
Rev. 3/2021 10

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 







 



Attachment 3

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 







 



Attachment 3

070821-TGR
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 







 



Attachment 3

070821-TGR
Rev. 3/2021 13
primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 







 



Attachment 3

070821-TGR
Rev. 3/2021 14

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 







 



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070821-TGR
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 







 



Attachment 3

070821-TGR
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 







 



Attachment 3

070821-TGR
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 







 



Attachment 3

070821-TGR
Rev. 3/2021 18

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Tiger Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Shawn Cleary
Title: Chief Procurement Officer Title: President
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 





























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Bid Number: RFP 070821 Vendor Name: Tiger Corporation








 



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Attachment 3

Sourcewell Contract #070821-TGR | Amendment

AMENDMENT
TO
CONTRACT #070821-TGR
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Tiger Corporation (Supplier).

Sourcewell awarded a contract to Supplier to provide Road Right-of-Way Maintenance Equipment to Sourcewell and its Participating Entities, effective August 6, 2021, through August 9, 2025 (Contract).

The parties wish to amend the Contract to add:

For sales in Canada, Participating Entities will contact Supplier’s Canadian Dealers to place orders. Supplier will ensure that a current list of Canadian Dealers is maintained with Sourcewell. Tiger’s Canadian Dealers will invoice Participating Entities directly in Canadian dollars.

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell Tiger Corporation
By: By:

Jeremy Schwartz, Director of Operations/CPO Shawn Cleary, President Date: Date:

Approved:

By:

Chad Coauette, Executive Director/CEO
Date:








 










 














Attachment 3

Reso No. (CM)
Meeting Date: 012522 SWZ ______ RM ______ PWU ______
1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING THE PURCHASE OF ONE (1) JOHN
DEERE 6130M TRACTOR WITH A MOUNTED TIGER BENGAL BRUTE

MOWER FOR THE FIELD SERVICES DIVISION FROM MUNICIPAL

MAINTENANCE EQUIPMENT, THROUGH THE PURCHASING

AUTHORITY OF SOURCEWELL (FORMERLY NJPA), PURCHASE
AGREEMENT NO. 070821-TGR, IN AN AMOUNT NOT TO EXCEED
$249,581.21; AND AUTHORZING THE CITY MANAGER TO EXECUTE

THE PURCHASE AGREEMENT (FUNDED BY THE SOLID WASTE
ENTERPRISE FUND 0740)
WHEREAS, competitive bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 (Purchasing Procedure) of Title 3 (Finance) of the Municipal Code; and
WHEREAS, subdivision (e) of § 3-5.210 exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville’s; and WHEREAS, the City received a quote from Municipal Maintenance Equipment, Member of Sourcewell (Formerly NJPA) through purchasing agreement #070821-TGR, for the purchase of one (1) John Deere 6130M Tractor with a mounted Tiger Bengal Brute Mower, in an amount of $249,581.21; and
WHEREAS, City staff has evaluated the bid process used by Sourcewell (Formerly NJPA) and determined that its bid process is similar to that of the City of Watsonville.

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

Reso No. (CM)
Meeting Date: 012522 2
adopting a Resolution approving the purchase of one (1) John Deere 6130M Tractor with a mounted Tiger Bengal Brute Mower 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. This purchase is exempt from the purchasing procedures of Chapter 5 (Purchasing Procedures) of Title 3 (Finance) of the Watsonville Municipal Code as a purchase made cooperatively with one (1) or more units of government under subdivision (e) of § 3-5.210 of the Municipal Code.

3. That the Council hereby authorizes the purchase of one (1) John Deere 6130M Tractor with a mounted Tiger Bengal Brute Mower to be used by the Field Services Division from Municipal Maintenance Equipment, through the purchasing authority of Sourcewell (Formerly NJPA), through Purchase Agreement #070821-TGR in an amount not to exceed $249,581.21, funded by the Solid Waste Enterprise Fund [0740]. ********************************

9/20/2022 6:07:15 PM9/20/2022 8:19:32 AM
C:\Program Files\eSCRIBE\TEMP\1871352166\1871352166,,,Report - Elimination of Library Fees.docxhttps://cityofwatsonville.escribemeetings.com/Reports/ELIMINATE LATE FEES AT WATSONVILLE PUBLIC LIBRARY.docx Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: LIBRARY DIRECTOR MARTINEZ
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION AUTHORIZING CITY COUNCIL TO ELIMINATE THE

COLLECTION OF FEES FOR WATSONVILLE PUBLIC LIBRARY

MATERIALS THAT ARE RETURNED LATE AND RESCIND
RESOLUTION 170-04
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution (1) approving the elimination of collection of fees for Watsonville Public Library materials that are returned late and (2) rescind Resolution 170-04.

BACKGROUND:

Libraries across the country are going fine-free, recognizing that overdue fines create barriers to access, have negative impacts on public relations, consume valuable staff time, and are not an effective tool to encourage on-time return of library materials.

In January 2019, the American Library Association (ALA) passed a resolution affirming that the imposition of monetary library fines creates a barrier to the provision of library and information services; urging libraries to scrutinize their practices of imposing fines on library patrons and actively move towards eliminating them; and urging governing bodies of libraries to strengthen funding support for libraries so they are not dependent on monetary fines as a necessary source of revenue.

Libraries in the tri-county that are currently fine-free: Monterey County Free Libraries system, Salinas Public Library, Santa Cruz Public Libraries system, Carmel Public Library, and Pacific Grove Public Library.

DISCUSSION:

The experiences of fine-free libraries have produced a substantial body of data regarding the impacts of eliminating overdue charges. That data supports the following outcomes associated with a shift to a fine-free model:

9/20/2022 6:07:15 PM9/20/2022 8:19:32 AM
C:\Program Files\eSCRIBE\TEMP\1871352166\1871352166,,,Report - Elimination of Library Fees.docxhttps://cityofwatsonville.escribemeetings.com/Reports/ELIMINATE LATE FEES AT WATSONVILLE PUBLIC LIBRARY.docx  Contrary to popular expectation, overdue materials are returned earlier when fines are eliminated;
 There are fewer accounts blocked from checking out materials – more patrons, particularly youth and low-income users, are able to continue utilizing library services;  Lapsed-users return to the library;
 New cardholders numbers increase;
 First time checkouts increase; and
 Circulation overall increases.

Steps to a Fine-free Model:
 Eliminate the 10 cents per day per item to a maximum of $1.00 overdue fine (Library Board of Trustees approved on August 18, 2022)
 Continue charging fees for lost and damaged materials  Continue sending reminder notices
 Continue to refer accounts with unreturned items to materials collection service  The Material Circulation Policy will be revised to reflect the removal of overdue fines (Library Board of Trustees approved on August 18, 2022).

The Library Board of Trustees approved to eliminate overdue fines at the Library Board of Trustees meeting on August 18, 2022.

STRATEGIC PLAN:

Elimination of fees for library materials that are returned late supports Strategic Plan Priorities:
 5-Community Engagement & Well-Being
FINANCIAL IMPACT:

Library services are funded by a voter-approved quarter-cent sales tax for libraries (Measure R, approximately $3.9M) and the General Fund ($548,686) per year.

The Library currently charges:
 All material: 10 cents per day per item to a maximum of $1.00.

Eliminating overdue fines will result in some loss of revenue collected in regards to fines/fees (this category includes both overdue fines and payments for fees, such as lost and damaged items).

However, the fines/fees revenue has been steadily shrinking in recent years as a result of increased borrowing of e-materials (eBooks, eAudio, eMusic, etc.) and other procedural and service changes, such as automatic renewals and waiving fines during the COVID-19 pandemic.

9/20/2022 6:07:15 PM9/20/2022 8:19:32 AM
C:\Program Files\eSCRIBE\TEMP\1871352166\1871352166,,,Report - Elimination of Library Fees.docxhttps://cityofwatsonville.escribemeetings.com/Reports/ELIMINATE LATE FEES AT WATSONVILLE PUBLIC LIBRARY.docx Revenue Comparison
Fiscal Year 2017/18 2018/19 2019/20 2020/21 2021/22
$32,892 $25,580 $15,854 $2,455 $11,156
The estimate of potential fine revenue loss as of September 1, 2022 (that would be forgiven) is approximately $30,069 and would affect 9,412 patron accounts (total registered patrons 36,309).

ALTERNATIVE ACTION:

The City Council can choose not to approve this proposal and the Library will continue to collect fees for materials that are returned late at the above stated fee.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

Reso No. (CM) 1
Meeting Date: 092722 SWZ ______ RM ______ Library ______ RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE RESCINDING RESOLUTION NO. 170-04 (CM) AND

ELIMINATING THE COLLECTION OF FEES FOR WATSONVILLE PUBLIC

LIBRARY MATERIALS THAT ARE RETURNED LATE
WHEREAS, the American Library Association has found that monetary fines present an economic barrier to access library materials and services; and WHEREAS, contrary to popular expectation, overdue materials are returned earlier when fines are eliminated; and
WHEREAS, monetary fines ultimately do not serve the core mission of the modern library; and
WHEREAS, a growing number of state and local library jurisdictions have reduced or eliminated various fines, fees, or costs in consideration of the impact of these financial burdens on youth and families; and
WHEREAS, the City of Watsonville has a Library Board of Trustees as set forth in Section 910 of Article IX of the Charter of the City of Watsonville; and WHEREAS, the Library Board desires to eliminate overdue fines for library materials going forward; and
WHEREAS, the Library Board of Trustees approved the action on August 18, 2022.

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,

Reso No. (CM) 2
Meeting Date: 092722
Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and 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.

2. That City Council hereby rescinds Resolution No. 170-04 (CM) and approves to eliminate the collection of daily fines for overdue library materials. ***************************************

9/19/2022 5:55:52 PM
C:\Program Files\eSCRIBE\TEMP\17555045875\17555045875,,,Cannabis Fund Allocation.docx Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROPRIATION OF FUNDS FROM THE CANNABIS REVENUE

FUND TO THE COMMUNITY DEVELOPMENT DEPARTMENT TO

COVER EXISTING CONTRACTS
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a Resolution appropriating $42,752 from the Cannabis Revenue Fund (0291-603-7322) to cover existing contracts for the Community Development Department (0150-315-7307).

BACKGROUND/DISCUSSION:

On November 8, 2016, Watsonville voters passed Measure L, the Watsonville Marijuana Business Tax, 74.2% to 25.8%. Measure L implemented a tax on cannabis cultivation, manufacturing, and retail sales. The measure was a general tax, meaning the proceeds may be used for any municipal purpose.

In FY 2021-2022, the money in the Cannabis Revenue Fund was earmarked for the Community Development Department to cover existing contracts, including the contract with Cal Poly Humboldt to complete a Cannabis Equity Assessment. As no work was done in FY 2021-2022, this funding was transferred back to the Cannabis Revenue Fund.

Staff is requesting that this money be re-appropriated to cover the cost of our existing contracts.

STRATEGIC PLAN:

The appropriation of funds from the Cannabis Revenue Fund to cover existing contracts aligns with Strategic Plan goals 2 (Fiscal Health) and 4 (Economic Development), in that the revenue will be used to pay for the completion of a Cannabis Equity Assessment that will in turn make the City eligible to receive funding from the state of California to provide to our existing cannabis equity businesses.

9/19/2022 5:55:52 PM
C:\Program Files\eSCRIBE\TEMP\17555045875\17555045875,,,Cannabis Fund Allocation.docx FINANCIAL IMPACT:

This recommendation requests appropriation of $42,752 remaining from the Cannabis Revenue Fund (0291-603-7322) to existing contracts in the Community Development Department (0150-315-7307). Without appropriation of this funding, to cover the work already in process, the funding would need to come from the General Fund.

ALTERNATIVE ACTION:

Given that the Cannabis Equity Assessment is already underway, there is no alternative action available.

ATTACHMENTS AND/OR REFERENCES:

None.

Reso No. ______ (CM) 1
Meeting Date: 092722 SWZ ______ RM ______ CDD ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF CITY OF WATSONVILLE APPROPRIATING $42,752 FROM THE CANNABIS REVENUE FUND TO

THE COMMUNITY DEVELOPMENT DEPARTMENT TO COVER

EXISTING CONTRACTS
WHEREAS, on November 8, 2016, Watsonville voters passed Measure L, the Watsonville Marijuana Business Tax, 74.2% to 25.8%. Measure L implemented a tax on cannabis cultivation, manufacturing, and retail sales; and WHEREAS, in FY 2021-2022 $42,752 was appropriated from the Cannabis Revenue Fund (0291-603-7322) to the Community Development (0150-315-7307) to cover the costs of existing contracts; and
WHEREAS, no contract work related to the Cannabis Revenue Fund was completed in FY 2021-2022, and therefore the funds were re-appropriated to the Cannabis Revenue Fund; and
WHEREAS, work is now being done on the contracts that the funds were originally appropriated for, and therefore staff requests appropriation of the funds back to the Community Development to cover the cost of the contracts.

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 appropriating funds from one fund account to another 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

Reso No. ______ (CM) 2
Meeting Date: 092722
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. That the appropriation of $42,752 from the Cannabis Revenue Fund (0291- 603-7322) to the Community Development Department (0150-315-7307) to cover existing contracts is hereby approved.
**********************************

Reso No. (CM)
Meeting Date: September 27, 2022
1 RESOLUTION NO. _____ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE RE-ADOPTING CONFLICT OF INTEREST CODE FOR

THE CITY OF WATSONVILLE BY INCORPORATING BY REFERENCE

THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL

CONFLICT OF INTEREST CODE AND BY AMENDING THE APPENDIX

IDENTIFYING DESIGNATED EMPLOYEES WHO SHALL BE SUBJECT

TO CONFLICT OF INTEREST CODE
WHEREAS, the City of Watsonville last adopted a Conflict of Interest Code as required by the Political Reform Act1, by Resolution No. 197-20 (CM) on October 27, 2020; and
WHEREAS, the California Fair Political Practices Commission promulgated a recommended Model Conflict of Interest Code found at Title 2, Division 6, California Code of Regulations, Section 18730, which may be incorporated by reference by local government, and which will be amended from time to time after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq; and WHEREAS, the attached Designated Positions, Exhibit “A,” accurately identifies those job titles which should be designated and the categories of financial interests which should be made reportable in Watsonville. The changes in designated employees currently reflect job classifications throughout the City; and WHEREAS, the attached Watsonville Conflict of Interest Code, Exhibit “B,” is based on 2 CCR §187302in effect as of the date this Resolution is adopted.

1 California Government Code §§ 81000, et seq
2 Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal.

Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

Reso No. (CM)
Meeting Date: September 27, 2022
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Exhibit “A,” in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the following boards, commissions, departments and agencies:

City Council
City Boards & Commissions
a. Building Life Safety Appeals 3
b. Library Trustees
c. Planning
d. Personnel
e. Parks and Recreation
Successor Agency
Successor Housing Agency
City Manager
Administrative Departments
a. Municipal Airport
b. Community Development
c. Finance
d. Fire
e. Innovation & Technology
f. Libraries
g. Parks and Community Services
h. Police
i. Public Works & Utilities
City Attorney
City Clerk

2. That all persons holding any of the positions designated in Exhibit “A,” attached hereto and incorporated herein, are hereby instructed to file Statements of Economic Interests (Form 700) pursuant to the Conflict of Interest Code.

3. That all designated persons are hereby directed to file their Statements with the City Clerk to whom the Council hereby designates authority to carry out the duties of Filing Officer.

4. That the Filing Officer is hereby directed to make the statements of economic interests available for public inspection and reproduction no later than the second business

3 WMC § 8-1.113

Reso No. (CM)
Meeting Date: September 27, 2022
3 day following the day the request was received, pursuant to California Government Code Section 81008.
******************************

Exhibit “A”

CITY OF WATSONVILLE

CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS
Resolution No. (CM)
All persons holding the hereafter named designations shall file a "Statement of Economic Interests” (FPPC Form 700) for each Disclosure Category being all of:

Schedule A-1-Investments; Stocks, Bonds and Other Interests Schedule A-2-Investments, Income, and Assets of Business Entities/Trusts Schedule B-Interests in Real Property
Schedule C-Income, Loans, and Business Positions
Schedule D-Income-Gifts
Schedule E-Income-Gifts: Travel Payments, Advances, and Reimbursements The economic interest to be disclosed for each disclosure category shall: (1) being or doing business within the geographical jurisdiction or service area of the City; and/or (2) is such a kind of economic interest which the employee foreseeably can affect in a material way through the conduct or operation of such employee's office with the City.

DESIGNATED EMPLOYEES DISCLOSURE CATEGORY
Council, Boards, Commissions, and Committees
Building Life Safety Appeals Members A
1BCDE
City Council Members* ABCDE
Successor Agency Members ABCDE
Successor Housing Agency Members ABCDE
Planning Commissioners ABCDE
Library Trustees A (Investment in business entities
which do or conduct business in
any way with the Library)
Parks and Recreation Commissioners BE
Personnel Commissioners E
City Attorney ABCDE
Deputy City Attorney ABCDE
Consultants
City Clerk ABCDE
Administrative Analyst ABCDE
Assistant City Clerk ABCDE
Consultants ABCDE

1 All persons required to file disclosure category A are required to file both Schedules A-1 and A-2.

Exhibit “A”

DESIGNATED EMPLOYEES DISCLOSURE CATEGORY
Deputy City Clerk BCDE
City Manager* ABCDE
Assistant City Manager ABCDE
Assistant to the City Manager ABCDE
Consultants ABCDE
Deputy City Manager ABCDE
Human Resources Analyst ABCDE
Human Resources Administrative Analyst ABCDE
Human Resources Manager ABCDE
Human Resources Senior Administrative Analyst ABCDE
Multimedia & Communications Analyst ABCDE
Personnel Officer ABCDE
Project Manager ABCDE
Public Information Officer ABCDE
Administrative Services Director (Finance) ABCDE
Accountant II ABCDE
Administrative Analyst ABCDE
Assistant Finance Director ABCDE
Assistant Finance Manager ABCDE
Assistant Finance Officer ABCDE
Consultants ABCDE
Finance Director ABCDE
Financial Analyst ABCDE
Payroll Analyst ABCDE
Senior Administrative Analyst ABCDE
Senior Financial Analyst ABCDE
Airport Director ABCDE
Airport Operations Manager ABCDE
Airport Operations Supervisor ABCDE
Consultants ABCDE
Information Technology Director (Innovation &
Technology)
ABCDE
Consultants ABCDE
Enterprise Architect ABCDE
GIS Analyst ABCDE
GIS Coordinator ABCDE
Information Technology Analyst II ABCDE
Information Technology Manager ABCDE
Network Administrator ABCDE
Senior Information Technology Analyst ABCDE

Exhibit “A”

DESIGNATED EMPLOYEES DISCLOSURE CATEGORY
Senior Information Technology Specialist ABCDE
Senior Programmer Analyst ABCDE
Community Development Director ABCDE
Administrative Analyst ABCDE
Assistant Community Development Director ABCDE
Associate Planner ABCE
Building Fire Safety Officer ABCDE
Building Inspector ABCDE
Building Official ABCDE
Code Enforcement Officer I ABCDE
Code Enforcement Officer II ABCDE
Construction Inspector ABCDE
Consultants ABCDE
Housing Manager ABCDE
Life Safety Officer ABCDE
Permit Services Supervisor ABCDE
Principal Engineer ABCDE
Principal Planner ABCDE
Redevelopment Manager ABCDE
Senior Administrative Analyst ABCDE
Senior Building Inspector ABCDE
Senior Code Enforcement Officer ABCDE
Senior Planner ABCE
Special Projects Inspector ABCDE
Supervising Plans Examiner ABCDE
Fire Chief ABCDE
Battalion Fire Chief ABCDE
Consultants ABCDE
Division Fire Chief ABCDE
Fire Captain ABCDE
Library Director BCE
Consultants ABCDE
Principal Librarian BCE
Senior Librarian BCE
Parks & Community Services Director ABCDE
Administrative Analyst ABCDE
Assistant Parks and Community Services Director ABCDE
Consultants ABCDE
Older Adult Services Supervisor ABCDE
Parks Services Manager ABCE

Exhibit “A”

DESIGNATED EMPLOYEES DISCLOSURE CATEGORY
Parks Superintendent ABCDE
Promotions & Communications Coordinator ABCE
Recreation Superintendent ABCDE
Senior Administrative Analyst ABCDE
Police Chief ABCDE
Administrative Analyst ABCDE
Administrative Services Manager ABCDE
Assistant Chief of Police ABCDE
Consultants ABCDE
Crime Analyst ABCDE
Deputy Police Chief ABCDE
Network Administrator ABCDE
Police Captain ABCDE
Police Fiscal Manager ABCDE
Police Lieutenant ABCDE
Police Media & Communications Specialist ABCDE
Police Sergeant ABCDE
Property & Evidence Supervisor ABCDE
Records Supervisor ABCDE
Public Works & Utilities Director ABCDE
Administrative Analyst ABCDE
Assistant Public Works & Utilities Director ABCE
Associate Civil Engineer ABE
Building and Facilities Manager ABCDE
Capital Projects Manager ABCDE
Collection System Manager ABE
Communications & Environmental Outreach Manager ABCDE
Construction Engineer ABE
Construction Manager ABCDE
Consultants ABCDE
Environmental Projects Analyst ABCDE
Environmental Projects Manager ABCE
Environmental Sustainability Manager ABCDE
Facilities & Equipment Manager ABE
Facilities & Maintenance Supervisor ABCE
Laboratory Manager ABE
Municipal Services Operations Manager ABCDE
Principal Engineer ABCDE
Project Manager ABCDE
Public Works Inspector ABCDE

Exhibit “A”

DESIGNATED EMPLOYEES DISCLOSURE CATEGORY
Public Works Operations Manager ABCDE
Public Works & Utilities Administrative Services Manager ABCDE Safety & Regulatory Compliance Officer ABCDE
Senior Administrative Analyst ABCDE
Senior Capital Projects Manager ABCDE
Senior Civil Engineer ABCDE
Senior Construction Inspector ABE
Senior Engineering Associate ABE
Senior Environmental Projects Analyst ABCDE
Senior Utilities Engineer ABCDE
Solid Waste Division Manager ABCDE
Source Control Inspector ABE
Source Control Manager ABCDE
Traffic Operations Manager ABCDE
Traffic Systems Coordinator ABCDE
Utilities Maintenance Supervisor ABCDE
Utility Crew Leader ABCE
Vehicle and Equipment Manager ABCDE
Wastewater Operations Supervisor ABCDE
Wastewater Treatment Facilities Manager ABCDE
Water Division Manager ABCDE
Water Operations Supervisor ABCDE
Water Services Manager ABCDE
Water Services Supervisor ABCDE
* Filing shall be made with the City Clerk according to City Council Conflict of Interest Code and provisions of the Political Reform Act.

CITY OF WATSONVILLE

CONFLICT OF INTEREST CODE
Adopted September 13, 2022,
Resolution No. ________(CM)
(Source 2 CCR §18730)

Exhibit “B”

WATSONVILLE CONFLICT OF INTEREST CODE
Table of Contents
Section 1. Definitions.................................................................................................................................1 Section 2. Designated Employees. ...........................................................................................................1 Section 3. Disclosure Categories. .............................................................................................................1 Section 4. Statements of Economic Interests: Place of Filing...................................................................2 Section 5. Statements of Economic Interests: Time of Filing....................................................................2 Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. ...........................................3 Section 6. Contents of and Period Covered by Statements of Economic Interests..................................3 Section 7. Manner of Reporting.................................................................................................................4 Section 8. Prohibition on Receipt of Honoraria. ........................................................................................5 Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. ................................................................6 Section 8.2. Loans to Public Officials. .......................................................................................................6 Section 8.3. Loan Terms. ..........................................................................................................................7 Section 8.4. Personal Loans. ....................................................................................................................7 Section 9. Disqualification. ........................................................................................................................8 Section 9.3. Legally Required Participation. .............................................................................................9 Section 9.5. Disqualification of State Officers and Employees. ................................................................9 Section 10. Disclosure of Disqualifying Interest. .......................................................................................9 Section 11. Assistance of the Commission and Counsel..........................................................................9 Section 12. Violations................................................................................................................................9 -o0oSection 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.

Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;

Exhibit “B”

(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.

1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.

Exhibit “B”

Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements.

Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.

Exhibit “B”

Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
(1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
(3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure.

When personal income is required to be reported,5the statement shall contain:
(1) The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
(3) A description of the consideration, if any, for which the income was received;
(4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of

3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.

Exhibit “B”

the gift; the amount or value of the gift; and the date on which the gift was received;
(5) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure.

When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
(1) The name, address, and a general description of the business activity of the business entity;
(2) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure.

When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period.

In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.

Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.

6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Exhibit “B”

Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.

Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

Exhibit “B”

(1) Loans made to the campaign committee of an elected officer or candidate for elective office.
(2) Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-inlaw, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. (3) Loans from a person which, in the aggregate, do not exceed $500 at any given time.
(4) Loans made, or offered in writing, before January 1, 1998.

Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
(1) Loans made to the campaign committee of the elected officer. (2) Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. (3) Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.

Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
(1) If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. (2) If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.

Exhibit “B”

b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on
the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:
(1) A loan made to the campaign committee of an elected officer or a candidate for elective office.
(2) A loan that would otherwise not be a gift as defined in this title. (3) A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
(4) A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
(5) A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or

Exhibit “B”

(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.

Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.

Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

1 Reso No. (CM)
Amends Resolution No. 6-19 (CM)
Meeting Date: 09/27/22
RESOLUTION NO. _____ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

NOMINATING PROVIDENCE MARTINEZ ALANIZ FOR APPOINTMENT TO

THE HOUSING AUTHORITY BOARD OF COMMISSIONERS OF THE

COUNTY OF SANTA CRUZ AS THE AT-LARGE REPRESENTATIVE FOR THE CITY OF WATSONVILLE, FOR A TERM ENDING FEBRUARY 10, 2023 WHEREAS, on January 22, 2019, the City Council nominated Council Member Rebecca García for appointment to the Housing Authority Board of Commissioners of the County of Santa Cruz as the at-large representative for the City of Watsonville, pursuant to Resolution No. 6-19 (CM), for a four (4) year term. The County later confirmed Council Member Garcia’s appointment to the Housing Authority Board of Commissioners (“Board”). Council Member Garcia resigned from the Board on June 29, 2022, resulting in a vacancy; and
WHEREAS, the City Clerk published notice of the vacancy in the City Clerk’s Office and published in the Register Pajaronian on September 9, 2022, on the City’s website/in the clerk’s office pursuant to California Government Code Section 54974(a); and
WHEREAS, Providence Martinez Alaniz is a community member in Watsonville, who has expressed interest in serving on the Housing Authority Board.

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 this

2 Reso No. (CM)
Amends Resolution No. 6-19 (CM)
Meeting Date: 09/27/22
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.

2. That Providence Martinez Alaniz is hereby nominated for appointment to the Housing Authority Board of Commissioners of the County of Santa Cruz as the atlarge representative for the City of Watsonville, for a term starting upon her appointment to the Board and ending February 10, 2023.

3. That the Council hereby approves such appointment.

4. That the City Clerk is hereby directed to transmit a copy of this Resolution to the nominated member and to the Board of Supervisors of Santa Cruz County. ********************************

1 Reso No. (CM)
Amends Resolution No. 132-21 (CM)
Meeting Date: 09/27/22
RESOLUTION NO. _____ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPOINTING FABIAN GUZMAN TO THE HENRY J. MELLO PERFORMING

ARTS CENTER BOARD OF DIRECTORS JOINT POWERS AUTHORITY
WHEREAS, on or about January 9, 1994, the City Council of the City of Watsonville approved a Joint Powers Agreement (Agreement) between the City of Watsonville and the Pájaro Valley Unified School District (PVUSD), that authorized creation of a Joint Powers Authority (JPA) for the operation and maintenance of the Henry J. Mello Center for the Performing Arts; and
WHEREAS, Section 5.0 – (Membership, Directors and Officers) of the Agreement provides for three members of the Board of Directors of the JPA to be appointed by the Watsonville City Council and three to be appointed by the PVUSD Board of Trustees; and
WHEREAS, the City Council appointed Cindy Czerwin, former Administrative Services Director of the City of Watsonville, to the Board of Directors on April 27, 2021, pursuant to Resolution No 132-21. Director Czerwin resigned from her position with the City of Watsonville on September 16, 2022, resulting in a vacancy on the Board of Directors of the JPA.

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,

2 Reso No. (CM)
Amends Resolution No. 132-21 (CM)
Meeting Date: 09/27/22
Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and 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.

2. That Fabian Guzman, Senior Capital Project Manager for the City of Watsonville, is hereby appointed to the Henry J. Mello Performing Arts Center Board of Directors Joint Powers Authority.
********************************

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx Agenda Report
MEETING DATE: Tuesday, September 27, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM

PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO

JUSTIN MEEK, AICP, PRINCIPAL PLANNER
MARIA ESTHER RODRIGUEZ, P.E., ASSIST. PW&U DIRECTOR
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING VEHICLE MILES TRAVELED POLICY

STATEMENT OF ISSUES
On September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending the City Council adopt a Vehicle Miles Traveled (VMT) Policy establishing VMT as the appropriate metric for evaluating transportationrelated impacts under the California Environmental Quality Act (CEQA).

RECOMMENDED ACTION
Staff recommends that the City Council adopt a Resolution:
1) Approving a VMT Policy inclusive of establishing VMT as the appropriate metric for evaluating transportation-related impacts under CEQA, establishing VMT thresholds of significance, establishing screening criteria, establishing Transportation Demand Management (TDM) strategies, and establishing a VMT Mitigation Banking Program; and
2) Authorizing the Community Development Director to update the VMT thresholds of significance for land use projects and plans; and
3) Finding the approval of a VMT Policy, including the VMT Mitigation Banking Program is not a “project” under CEQA, or if a “project,” exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)).

BACKGROUND
The California Environmental Quality Act requires public agencies responsible for approval of land use projects and construction of transportation projects to assess their anticipated environmental impacts and to select project alternatives or implement mitigation measures that lessen those impacts where feasible.1 Known as a “lead agency” under CEQA, a public agency with the discretionary authority to approve or deny a project (or to carry it out

1 Cal. Pub. Res. Code § 21100 et seq. See 14 Cal. Code Regs. §§ 15000 et seq. (CEQA Guidelines).

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx directly) generally must analyze the proposed project’s impacts to the physical environment, identify alternatives and mitigation measures, and approve a project alternative and/or mitigation measures that substantially reduce significant impacts, unless those measures are infeasible due to economic, social, or other conditions.2 In 2013, state law was changed with the passage Senate Bill (SB) 743 (Steinberg) to update the way transportation impacts are analyzed under CEQA for new land use and transportation projects. Previously, transportation analyses had been based on automobile delay, typically measured as “level of service,” or LOS. SB 743 also required the Governor’s Office of Planning and Research (OPR) to develop a new metric for evaluating transportation impacts other than LOS to more appropriately balance the needs of congestion management with statewide goals related to infill development, promotion of public health through active transportation, and reduction of greenhouse gas emissions.

In 2018, after five years and over 200 public meetings and other outreach events, OPR released updates to the state’s CEQA Guidelines to implement SB 743 by replacing LOS with VMT as the most appropriate measure of a project’s transportation impacts; this update was formally certified and adopted by the California Natural Resources Agency and codified as section 15064.3 of the CEQA Guidelines (Attachment 1). Simultaneously, OPR released a Technical Advisory on Evaluating Transportation Impacts in CEQA (Attachment 2). The Technical Advisory includes recommendations for thresholds of significance for evaluating impacts of office, residential and retail developments, and provides screening criteria for identifying the types of projects that can be presumed to have a less than significant impact.

In order to comply with SB 743, the City of Watsonville joined the Cities of Capitola, Santa Cruz, and Scotts Valley and the County of Santa Cruz to collectively approach this new paradigm of measuring transportation impacts for the purposes of conducting environmental review. The Cities and County hired Kimley Horn & Associates, a transportation consulting firm, to assist with the necessary work, including updating baseline traffic conditions, updating and running the county-wide Travel Demand Model, creating screening maps, and producing thresholds of significance for the Santa Cruz region. This work forms the foundation of the City’s proposed VMT Policy, and was used by other jurisdictions within our region that have adopted VMT thresholds of significance and SB 743 guidelines in conformance of with section 15064.3 of the CEQA Guidelines and OPR’s Technical Advisory.

In preparation for adopting a VMT Policy, staff gave an informational presentation to the Planning Commission in March 2020 (presentation slides, minutes) and maintains a website on the topic (link). On September 6, 2022, staff introduced the proposed VMT Policy for consideration by the Planning Commission. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 14-22 (PC), recommending the City Council adopt a VMT Policy inclusive of establishing VMT as the appropriate metric for evaluating transportation-related impacts under CEQA, establishing VMT thresholds of significance, establishing screening criteria, establishing TDM strategies, and establishing a VMT Mitigation Banking Program.

2 Cal. Pub. Res. Code §§ 21100 (state agencies), 21151 (local agencies); Cal. Pub. Res. Code § 21002.1 (project selection and feasibility).

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx

DISCUSSION
SB 743 Intent
The intent of SB 743 is to bring CEQA transportation analyses into closer alignment with other statewide policies regarding greenhouse gases, complete streets, and smart growth.

As of July 1, 2020, automobile delay and LOS may no longer be used as the performance measure to determine the transportation impacts of land development projects under CEQA. Using VMT as a performance measure instead of LOS is intended to discourage suburban sprawl, reduce greenhouse gas emissions, and encourage the development of smart growth, complete streets, and multimodal transportation networks. Previously, when using LOS, the environmental impact analysis process could impede infill and other beneficial projects.

In changing the way that transportation impacts are measured under CEQA, SB 743 is removing a hurdle to building new development in a way that allows Californians more options to drive less. This change should help achieve the state’s climate commitments, discourage greenfield development, preserve more of the environment, improve health and safety, and boost local economies by prioritizing co-located jobs, services, and housing.

On average, it should also reduce the time spent driving to get places and foster more choices for how people travel, which would help to promote business, provide access to opportunity, and improve quality of life in one’s community and across the state.

LOS and VMT
“Level of service,” or LOS, is a measure of delay or congestion. It is based on a road’s volume-to-capacity and measures a driver’s perception of convenience. As shown in Table 1, a road that has free-flowing traffic—i.e., no delay—is given a LOS of “A”; whereas, a road where drivers experience a delay of 80 second or more is graded LOS “F.” Previously, a project’s contribution to a roadway’s LOS was treated as an environmental impact. And if a project was determined to generate a large number of new trips, that say reduced the LOS of an intersection from “C” to “D,” it would often have to mitigate this impact by increasing the capacity of the intersection or nearby roadway segments. Increasing a roadway’s capacity, however, has the unintended effect of often inducing further driving without reducing congestion because of pent up desire for travel known as latent demand.
3,4

3 “Induced travel” refers to an increase in total vehicle mileage due to roadway improvements that increase vehicle trip frequency and distance, but exclude travel shifted from other times and routes. For more information, see Generated Traffic: Implications for Transport Planning by Todd Litman. 4 “Latent demand” refers to additional trips that would be made if travel conditions improve (i.e., less congested roads, higher design speeds, lower vehicle costs or tolls). For more information, see Generated Traffic: Implications for Transport Planning by Todd Litman

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx TABLE 1 LOS Criteria for Signalized Intersections1
LOS Control Delay
(seconds/vehicle)
Travel Speed at %
Free-Flow Speed
A ≤ 10 > 85
B > 10 and ≤ 20 > 67 and ≤ 85
C > 20 and ≤ 35 > 50 and ≤ 67
D > 35 and ≤ 55 > 40 and ≤ 50
E > 55 and ≤ 80 > 30 and ≤ 40
F > 80 > 30
Notes:

1. Adapted from the 2000 and 2010 Highway Capacity Manual for urban streets. “Vehicle Miles Traveled,” or VMT, is a measure of the amount and distance people travel by car. Therefore, switching from LOS to VMT changes the transportation impact analysis from people’s perception of convenience to an evaluation of the amount and distance that a project might cause people to drive and the associated greenhouse gas emissions released into the environment.

VMT Policy
Now that the primary consideration in transportation environmental analysis under CEQA must be the amount and distance that the project might cause people to drive, any Environmental Impact Report (EIR) and Negative Declaration circulated for public review are required to consider VMT when determining whether a project may cause a significant impact. Staff has proposed a VMT Policy document setting forth guidelines for how the City shall implement SB 743 in compliance with the updated CEQA Guidelines (Attachment 3).

A description of key provisions are summarized below.

Thresholds of Significance
Lead agencies under CEQA may establish thresholds of significance for the purpose of determining whether a project may cause a significant effect.5 When adopting or using thresholds of significance, a lead agency may consider recommendations by other public agencies or experts, provided that they are supported by substantial evidence. For land use projects, the Technical Advisory states, “OPR recommends that a per capita or per employee VMT that is fifteen percent below that of existing development may be a reasonable threshold” based on substantial evidence related to the state’s greenhouse gas reduction goals.6,7 The proposed VMT Policy includes establishing the following thresholds of significance based on OPR’s recommendations:

5 14 Cal. Code Regs. 14 §§ 15064(b)(2), 15064.7(b).
6 OPR (2018), OPR Technical Advisory on Evaluating Transportation Impacts in CEQA, p. 10. For additional information, refer to pages 10-12 in Attachment 2. 7 In its document California Air Resources Board 2017 Scoping Plan-Identified VMT Reductions and Relationship to State Climate Goals (2019), CARB assessed VMT reduction per capita consistent with its evidence-based modeling scenario that would achieve State climate goals of 40 percent GHG emissions reduction from 1990 levels by 2030 and 80 percent GHG emissions reduction levels from 1990 by 2050. CARB found that overall per-capita vehicle travel would need to be approximately 14.3 percent

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx  Residential projects: 15% below existing county-wide average VMT per capita8  Office projects: 15% below existing county-wide average Work VMT per employee9  Retail projects: No net increase (based on county-wide VMT)10  Other customers: No net increase (based on county-wide VMT for similar land uses)
 Other employment: 15% below existing county-wide average Work VMT per employee for similar uses
As shown in Table 2, currently the per employee average VMT for work-related commute trips to office land uses is 7.4 miles. The per capita average VMT for residents is a little greater at 8.9 miles. While VMT thresholds will remain the same, the VMT averages will be updated periodically based on additional available travel data, improved VMT modeling, and changes in driving behavior (e.g., shifting modes from driving far distances or alone to shorter distances or using an alternative mode of transportation, such as walking, bicycling and taking transit).

TABLE 2 VMT for Residential and Office Land Uses
Land Use VMT Basis
Residential 8.9 VMT/capita11 15% below existing county-wide average VMT per capita Office 7.4 Work VMT/employee12 15% below existing county-wide average Work VMT per employee If a project is not screened out with the criteria outlined, as further described below, then it is subject to a detailed VMT analysis. Should a project exceed the threshold of significance, a menu of accepted Transportation Demand Management (TDM) strategies are available to reduce the project’s VMT to an acceptable level, which are described in detail in Appendix C of Attachment 3. Since TDM measures may feasibly reduce VMT up to 15 percent, there will be times when a project will need additional options for mitigating its VMT impacts. Therefore, the VMT Policy also includes a VMT Mitigation Banking Program to help address the need for additional VMT mitigation.

Screening Criteria
The proposed VMT Policy includes screening criteria for determining whether certain types of projects may be presumed to not result in a significant impact. Projects that meet one or more of these criteria would be “screened out” from having to conduct further detailed VMT

lower than existing levels. Therefore, below this level, a project could be considered low VMT and would, on that metric, be consistent with 2017 Scoping Plan Update assumptions that achieve state climate goals.
8 OPR recommends using a 15 percent below existing VMT per capita as a threshold of significance, because a residential project measured in this way should not cumulatively exceed the population or number of units specified for Watsonville in the MTP/SCS. Conversely, projects that result in greater-than-planned development above the county-wide threshold would undermine the VMT containment needed to achieve regional targets under SB 375. For additional information, refer to VMT Thresholds of Significance on page 8 in Attachment 3 and Recommended Numeric Thresholds for Residential, Office, and Retail Projects on page 15 in Attachment 2. 9 Similarly, OPR recommends using a 15 percent below existing VMT per employee as a threshold of significance, because office projects that would generate vehicle travel above this threshold would likely indicate a significant transportation impact. For additional information, refer to VMT Thresholds of Significance on page 8 in Attachment 3 and Recommended Numeric Thresholds for Residential, Office, and Retail Projects on page 16 in Attachment 2. 10 Because new retail development typically redistributes shopping trips rather than create new trips, basing a threshold of significance on the total change in VMT—i.e., the difference in total VMT in area affected with and without the project—is recommended by OPR as the way to analyze a retail project’s transportation impacts. For additional information, refer to Recommended Numeric Thresholds for Residential, Office, and Retail Projects on page 16 in Attachment 2. 11 Residential VMT specifically applies to all home-based trips as represented in the Travel Demand Model. Refer to Appendix A in Attachment 3 for additional information. 12 Work VMT specifically applies to commute trips as represented in the Travel Demand Model. Refer to Appendix A in Attachment 3 for additional information.

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx analysis. The following is a summary of the screening criteria based on project size, maps, transit availability, local-serving retail, and provision of affordable housing. These criteria were developed in accordance with OPR’s Technical Advisory on evaluating transportation impacts in CEQA.
 Small Projects. If a project generates or attracts less than 110 trips per day, and is consistent with the General Plan and Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP/SCS), that project may be presumed to cause a lessthan-significant transportation impact.  Proximity to Transit Stations. Lead agencies generally should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within ½ mile of an existing major transit stop13 or an existing stop along a high-quality transit corridor14 will have a less-thansignificant impact on VMT. This presumption would not apply, however, if projectspecific or location-specific information indicates that the project will still generate significant levels of VMT, as might be the case if the project has a floor area ratio (FAR)15 of less than 0.75, includes parking in excess of requirements, is inconsistent with local and regional plans (i.e., the General Plan and MTP/SCS), or replaces affordable units with a smaller number of market rate units.  Local-Serving Retail. If a project includes a retail component with a floor area16 up to 50,000 square feet and is considered local serving, the project would result in a net decrease in VMT and may be presumed to cause a less-than-significant transportation impact. New retail development typically redistributes shopping trips rather than create new trips. Because of this fact, adding retail opportunities will often shorten the distance people drive to shop and, thereby, reduce VMT.

Generally, however, retail development consisting of stores larger than 50,000 square feet are considered regional-serving. Unlike local-serving retail development, regional-serving retail development often leads to the substitution of shorter trips for longer ones, resulting in a net increase in VMT.
 Affordable Residential Development. Adding affordable housing to infill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT. Projects that are 100% affordable residential development, or the residential component of a mixed-use development, in infill locations are presumed to have a less than significant impact on transportation under CEQA. Furthermore, a project which includes any affordable residential units may factor the effect of the affordability on VMT into the assessment of VMT generated by those units.

13 A “major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (Cal. Pub. Res. Code § 21064.3). 14 A “high-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours (Cal. Pub. Res.

Code § 21155).
15 “Floor area ratio,” or FAR, means the total area of a building on a lot divided by the total area of the lot (Watsonville 2005 General Plan Glossary, p. 210; WMC § 14-

18.362).
16 “Floor area” is defined as the total gross footage of a building or structure, but not including any area within the building used for required off-street parking (Watsonville 2005 General Plan Glossary, p. 210; WMC § 14-18.358).

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx  Local Essential Service. Similar to local-serving retail, the addition of necessary local in-person services will reduce VMT given that trips to these locations will be made irrespective of distance given their inelastic, non-discretionary nature. The following types of projects are presumed to cause a less-than-significant transportation impact: day care centers, public K-12 schools, police or fire facilities, medical/dental offices, assisted living/memory care facilities, and government offices.
 Map-Based Screening (Development in Low-VMT Areas). Maps showing existing VMT values within a city are referred to as heat maps. These maps display colors representing the level of variation from a local or regional VMT reference average for a jurisdiction. The purpose of these heat maps is to determine if a project could be located in an area with low existing VMT.

OPR’s Technical Advisory indicates that residential and office projects in areas of low VMT, which are compatible with surrounding development in terms of density, mix of uses, and transit accessibility, will exhibit similarly low VMT. Therefore, these projects are presumed to have a less-than-significant VMT impact. OPR’s Technical Advisory also recommends using regional as opposed to citywide geographies for reviewing office development, as employees often commute from outside the city boundary to their jobs. Under the recommended approach for map-based screening, projects located in low-VMT areas (zones with VMT that is at least 15% below the regional average VMT) would be presumed to have a less-than-significant transportation impact under CEQA.

The OPR Technical Advisory includes further detailed discussion on each of these screening criteria that are presumed to have a less-than-significant transportation impact (Attachment 2).

VMT Mitigation Banking Program
The proposed VMT Policy includes a VMT Mitigation Banking Program to provide an additional VMT mitigation option. A mitigation bank creates a monetary value for VMT reduction such that a developer could purchase VMT reduction credits, which would allow a project’s transportation impacts to be reduced below applicable VMT thresholds. The underlying VMT Banking Projects identified in the proposed Policy may be either regionally or locally beneficial to the area in which the project is located. This option is needed because TDM measures often have limited effectiveness in suburban settings like Watsonville, which has fairly low-density development patterns and limited transit service.

The City will set up a separate account for the purpose of tracking the collection of payments into the VMT Mitigation Banking Program. This account will be monitored by the City Engineer to ensure purchased VMT credits are used for constructing appropriate projects to achieve the intended VMT reduction. As part of the annual Capital Improvement Program (CIP) reporting to Planning Commission and City Council, the City Engineer shall include a progress report on any funds accumulated in the VMT Mitigation Banking Program and expenditures on constructing or improving active transportation facilities providing additional VMT-reducing investments that would not have occurred if this funding

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx were not available. The VMT Banking Projects identified in the proposed VMT Policy will also be periodically updated.

Planning Commission Comments
During the September 6th Planning Commission meeting, the Commissioners all reviewed the proposed VMT Policy and provided comments. Of particular note where comments from Commissioner Rojas and Kammer.

Commissioner Rojas inquired about the VMT Mitigation Banking Program and posed a hypothetical example to understand whether a developer would be charged a fee if the transportation impact analysis for a new project was determined to be above the relevant VMT threshold. In response, staff clarified that the VMT Mitigation Banking Program provided another option for mitigating transportation-related impacts. A developer may choose to purchase VMT reduction credits for mitigating the project’s VMT impact, which in turn would serve as a new funding source for building new trails identified in the City’s Trails & Bicycle Master Plan (2012).

In responding to Commissioner Rojas’ follow-up question about whether or not a developer agrees to pay a fee for mitigating transportation-related impacts, staff noted that not doing so and going the EIR route would be more expensive, take more time, and may have other CEQA related implications (e.g., having to make findings of significant and unavoidable impact).

Commissioner Kammer recommended that Planning Commissioners and City Council members review the proposed trails and bicycle network map in the Trails & Bicycle Master Plan.
17 Commissioner Kammer further noted that she supports the establishment of a VMT Mitigation Banking Program that could fund trail projects, which would both provide a better connected trail network and help meet the City’s climate goals.

Public Comments
No public comments were received at the Planning Commission hearing relating to the proposed VMT Policy.

Subsequent Updates
The City may update the VMT thresholds and methodology on an as needed basis to reflect changes in CEQA requirements, new methodological refinements, or other process improvements moving forward. As such, the City should periodically review these SB 743 implementation guidelines and project developers and transportation consultants should contact the City to ensure that they are applying current City requirements for evaluating VMT impacts under CEQA.

Environmental Review
The proposed VMT Policy, including the VMT Mitigation Banking Program, is consistent with state law, in that it would allow the City to implement SB 743 in accordance with OPR’s

17 See Figure 3-1: Greater Watsonville Trail Master Plan on page 39 of the City’s Trails & Bicycle Master Plan for the Watsonville Scenic Trail Network (2012), which is available on the City’s website at: https://www.cityofwatsonville.org/774/Urban-Greening-Plan.

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C:\Program Files\eSCRIBE\TEMP\1945927397\1945927397,,,Report - Adoption of VMT Policy .docx technical guidelines on evaluating transportation impacts in CEQA. The adoption of a VMT Policy is not a “project” as defined in section 15378 of the CEQA Guidelines and Public Resources Code section 21065, as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. The VMT Policy is an administrative activity of the City, providing guidance to property owners, project developers, applicants and proponents for determining the significance of transportation impacts of land use projects. The VMT Policy would not approve any specific development and would therefore not lead to any particular physical change to the environment.

Moreover, even if found to be a “project,” the VMT Policy 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 the action of adopting the Policy would have a significant effect on the environment.

CONCLUSION
SB 743 changed the way that transportation impacts are evaluated under CEQA. The Planning Commission adopted Resolution No. 15-22 (PC) recommending the City Council adopt the proposed VMT Policy for analyzing VMT in accordance with SB 743 and CEQA.

The proposed VMT Policy provides guidelines for how a land use or transportation project would be evaluated in accordance with this state law and OPR’s Technical Advisory on evaluating transportation impacts. The proposed VMT Policy removes automobile delay as a significant impact on the environment and replaces it with a VMT threshold for all CEQA environmental determinations.

STRATEGIC PLAN
The purpose of the City of Watsonville’s 2021-2023 Strategic Plan is to help the City prioritize its efforts, allocating both fiscal and human resources to achieve a shared vision and goal. The 2021-23 Strategic Plan identifies seven goals, concerning housing, fiscal health, infrastructure and environment, economic development, community engagement and well-being, public safety, and efficient and well-performing government.

Approval of the VMT Policy is consistent with the City Council’s goal for housing, infrastructure and environment, and economic development, in that the VMT Policy would remove barriers to affordable housing development and encourage infill development to increase the number of jobs, services, and housing in close proximity to one another.

FINANCIAL IMPACT
The VMT Policy would have no direct fiscal impact on the City. Indirect costs associated with staff time in coordinating the environmental review for land use projects would be covered under a reimbursement agreement with the developer. Indirect costs with administering the VMT Mitigation Banking Program would be borne by the Public Works and Utilities Department, as with any efforts involving infrastructure investments, such as trail improvement projects and other active transportation projects.