12.Removal of Fixtures.
At the normal expiration of the Lease Term, provided Tenant is not in default, Tenant shall have the right to remove any and all trade fixtures, provided all resultant injuries to the Premises and remaining improvements, except for ordinary wear and tear, are completely remedied and Tenant complies with City's reasonable requirements respecting the resultant appearance. Any such items not so removed within thirty (30) days of termination shall become the property of the City free and clear of any liens or encumbrances whatsoever and without payment of consideration therefore.
13.No Subordination.
City shall not subordinate the fee title to the Premises to any security transaction to enable Tenant to obtain financing for the new improvements. The Premises are now and shall remain free and clear of any liens, encumbrances or other Tenant obligations to third person.
14.Utilities.
Tenant shall pay for all gas, heat, light, power, telephone service, garbage disposal, storm and sanitary sewer services, water and all other services supplied to the Premises, including installation and connection of such services from the main source thereof, including City meters, and hold harmless the City therefore.
15.Possessory Interest Tax.
Pursuant to Section 107.6 of the State Revenue and Taxation Code the City hereby gives notice that the property interest to Tenant under this Lease may be subject to property taxation as a possessory interest and the Tenant acknowledges that it shall be subject to payment of property tax if a possessory interest tax is levied on the property interest.
16.Alterations and Additions.
Except as otherwise provided by Section 6 of this Lease, Tenant shall not make any alterations or improvements to or erect any additional structures on the Premises without prior written consent of City. Any alterations or additions approved by City shall be constructed at the sole expense of Tenant.
17.Compliance with rules, regulations and laws.
In the use and occupancy of the Premises and in the conduct of all business, activities and transactions thereon, Tenant will comply with all applicable laws, ordinances, rules, regulations and orders of the City or any governmental subdivision, body or authority, including all federal, state and municipal laws and ordinances and all rules and regulations of the Federal Aviation Agency and the City of Watsonville rules and regulations concerning the operations of the Watsonville Municipal Airport and environs.
18.Storage of Materials, Equipment.
No materials, supplies, products, equipment or other personal property shall be stored or permitted to remain on any portion of the Leased Premises outside of City approved buildings or structures without City's prior written consent. Tenant shall store personal property items, supplies, materials and combustibles inside the buildings in a safe, neat and sanitary manner. Tenant shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Leased Premises for the short-term accumulation and storage of solid waste, such as rubbish, trash, garbage, sludge, discarded machinery or parts and any other solid industrial wastes.
Such enclosures and/or screened areas shall be designed in such a way as to prevent, odors, fumes, attraction of pests, and dispersal of wastes due to wind or water runoff, and shall be serviced regularly by qualified waste removal and disposal services.
Environmental Considerations.
(a) Tenant shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property.
Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airport storm drainage system or sanitary system. (b) Tenant shall at all times comply with all applicable laws, rules and regulations of federal, state or local governmental agencies, including, but not limited to, the City of Watsonville, Santa Cruz County, and responsible Regional Air and Water Quality Control Boards. Tenant shall not permit any activity which directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. Any waste oil storage tanks shall be in approved containers and in accordance with environmental and fire protection regulations. (c) Hazardous Substances. The term "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government, including, but not limited to any, material or substance which is defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under local, State, or federal law and as determined by the Fire Department. Except in strict compliance with all government approvals, applicable laws and regulations pertaining to Hazardous Materials, and in accordance with the provisions of this Lease, Tenant shall not cause or permit the presence, use, handling, generation, emission, release, discharge, storage, or disposal of any Hazardous Materials on, under, in or about the Premises, excepting the presence of any Hazardous Materials on, under, in or about the
Premises as of the date of this Lease or the migration to or seepage of Hazardous Materials from surrounding or adjacent property; and shall not cause or permit the transportation of any such materials.
19.Hazardous Materials to or from the Premises.
(a) Tenant shall at all times notify City of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in machining facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease.
Tenant shall also institute operating procedures designed to handle Hazardous Materials consistent with prudent industry practice, including evidence of a licensed agent removal service. City shall have the right to inspect the Premises on 24-hours prior notice for compliance with the provisions of this Section. (b) Indemnification by City. City shall indemnify, protect, defend, and hold harmless Tenant and Tenant's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by City, its agents, employees, and contractors.
21. Indemnification by Tenant.
Tenant shall indemnify, protect, defend, and hold harmless City and City's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by Tenant, its agents, employees, and contractors.
(a) Indemnification Survives Lease. The indemnification provisions of the foregoing shall survive the termination of this Lease.
No Warranty of Current Condition. City makes no representation or warranty, express or implied, as to the physical condition of the Premises, including, but not limited
to the condition of the exterior or interior of the structure, ground, soil, surface water or groundwater. the geology, the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon.
22. Repairs.
City shall maintain the exterior of the Premises, including outside walls and roof, heating, electrical systems (excluding internal lights and fixtures) except in the event that repairs or replacements are necessary thereto because of negligence or misconduct of the Tenant or if Tenant fails to notify City in writing within three (3) days of the need to repair.
Tenant shall maintain Premises, including, but not limited to, interior plumbing (i.e., sanitary sewer obstructions), interior walls, doors, hardware, alarms, internal lights and fixtures, etc., in as good order, condition and repair as they shall be upon the commencement of the term of this Lease. Any addition to the electrical system installed by Tenant shall remain the responsibility of the Tenant. Tenant shall keep drainage ditches and gutters free of debris.
23. Freedom from Liens.
Tenant shall not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, claims, stop notices, encumbrances and charges upon the Premises, or Tenant's leasehold interest therein which arise out of the use or occupancy of the Premises by Tenant or anyone using or occupying the Premises with the consent or sufferance of Tenant, or by reason of labor or materials furnished or claimed to have been furnished to Tenant for any construction, alteration, addition or repair of any part of the Premises. Tenant shall give City fifteen (15) days notice prior to commencing any work on the Premises, so that City shall have a reasonable time within which to post notices of non-responsibility.
24. Holding Over.
If Tenant shall hold possession of the Premises after the term of this Lease, Tenant shall become a Tenant from month to month at the rental and upon the terms herein specified and shall continue to be such tenant until the tenancy shall be terminated by City on thirty (30) days’ notice or until Tenant shall have given at least thirty (30) days’ notice of Tenant's intention to terminate the tenancy. The provisions of this Lease, so far as applicable, shall govern such tenancy, except that the monthly rent for such tenancy shall be the same as the last full month's rental rate.
25. Abandonment.
Tenant shall not vacate or abandon the Premises at any time during the term thereof; if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and at the option of City shall become City's
property free from all claims of Tenant. In the event Tenant abandons the Premises City shall have the option to terminate this Lease by giving Tenant notice of belief of abandonment pursuant to California Civil Code Section 195 1.3 or City has the remedy described in California Civil Code Section 1951.4, i.e., City may continue the Lease after breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject to reasonable limitations as provided in paragraph 25.
26. Assignment or Subletting.
Tenant shall not assign or encumber any interest in this Lease or in the Leased Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without City's written consent, and consent to one assignment or sublease shall not be construed as consent to any subsequent assignment or subleasing.
If Tenant is a corporation or partnership, any dissolution, merger, consolidation or other reorganization of Tenant or the sale or transfer of controlling percentage of the capital stock of Tenant or the sale of twenty five percent (25%) of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing at least twenty five percent (25%) of the total combined voting power of all classes of Tenant's capital stock issued outstanding and entitled to vote for the election of directors. City shall not unreasonably withhold consent, but City may nevertheless condition consent upon such factors as the identity, reputation, financial worth and stability and operating ability of any proposed assignee or subtenant. Unless prior written consent of City shall have been obtained, any transfer, or attempted assignment or transfer, of this Lease or any interest therein, or any subletting, either by voluntary or involuntary act of Tenant or by operation of law or otherwise, shall at the option of the City terminate this Lease, and any such purported assignment, transfer or subletting without such consent shall be null and void.
Assignment.
1. Tenant shall not have the right to assign this Lease, except by Leasehold mortgage, without the written consent of City, which shall not be unreasonably withheld.
If Tenant desires to assign the Lease, Tenant shall comply with the following procedures:
(a) Tenant shall give City at least sixty (60) days prior written notice of its desire to assign the Lease.
(b) Tenant shall simultaneously provide City with the assignee's name, business organization, financial statement, and other documentation as may be requested by City.
(c) Tenant shall provide City with a true copy of the proposed assignment and the proposed assignee shall, in recordable form, expressly assume all the covenants and conditions of this Lease.
(d) Tenant shall provide City with copies of any financial agreements, schedule of payments, mortgage or encumbrance on the Leasehold estate. (e) Tenant shall pay City at the time the request to assign is submitted, a
deposit of Five Thousand Dollars ($5,000.00) to offset City's expenses, including attorney's fee, in evaluating and documenting the assignment. City shall charge said deposit at the then current hourly rate for staff time charged to the Airport. Any balance of said deposit shall be refunded to Tenant, and any excess amount charged, excluding said deposit, shall be paid by Tenant.
(2) City and Tenant hereby deem it reasonable for the City to refuse to consent to a proposed assignment in the following circumstances:
(a) City may object to any proposed assignment if, in the City's sole opinion, the proposed assignee is not a qualified assignee in terms of financial strength, business experience or reputation or the ability to operate the fixed base operation and provide the required services in a manner consistent with the purposes for which this Lease was granted.
(b) City may object on any other reasonable grounds.
The effective date of the assignment shall not occur until sixty (60) days after the Tenant's notice of the proposed assignment unless, within that time, City gives notice of a valid objection or refusal of consent as set forth in subsection A. (3) hereof. If City gives notice of a valid objection and withholds consent, the Lease will not be assigned.
Subletting.
It is understood and agreed that, from time to time, Tenant may request City's permission to sublet portions of the Premises and City shall not unreasonably withhold consent, provided:
(1) Each sublease made shall be subject and subordinate to the right of the City and the provisions of each sublease shall conform to the provisions of this Lease as far as practicable.
(2) The sublease does not effect an assignment of the Lease as prohibited elsewhere.
(3) Tenant includes the following information with its request to sublease, the name, address, a true copy of the proposed sublease, and appropriate documentation as evidence the subtenant is qualified to conduct business on the Airport and such subtenant will provide the type of development and services required under the provisions of this Lease.
(4) Subtenant provides insurance coverage(s) as appropriate, in accordance with Lease provision(s), INSURANCE, the same as if the subtenant were a lessee.
If Tenant is in the default of monetary obligations to City pursuant to this Lease, Tenant immediately and irrevocably assigns to City, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Leased Premises as permitted by this Lease, and City, as assignee and as attorney- in-fact for Tenant, or a receiver for Tenant appointed on City's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. It is understood and agreed by the parties hereto that the above assignment provisions do not apply to heirs by will.
27. LANDLORD’S RECAPTURE RIGHT.
RIGHT OF RECAPTURE
Despite any other provision of this Lease, Tenant shall notify Landlord in writing (Availability Notice) if Tenant wishes to transfer the Premises or any portion thereof (Subject Space). If Tenant does not give Landlord the Availability Notice before delivering a Transfer Notice, the Transfer Notice shall also be the Availability Notice.
Landlord has the option, by written notice to Tenant (Recapture Notice) within thirty (30) days after receiving any Availability Notice, to recapture the Subject Space as described in the next section. A timely Recapture Notice terminates this Lease as to the Subject Space and Tenant’s obligations regarding the remaining term of this Lease (or, at Landlord’s election, for a shorter period specified in the Availability Notice as the term of the Transfer) and as of the date specified in the Availability Notice. The Recapture Notice shall be void, however, if Tenant notifies Landlord, within thirty (30) days after receipt of the Recapture Notice, that Tenant withdraws the Availability Notice or Transfer Notice. If Landlord declines or fails timely to elect to recapture the Subject Space, Landlord shall have no further right under this section to the Subject Space unless it becomes available again after Transfer by Tenant.
CONSEQUENCES OF RECAPTURE.
To determine the new Base Rent under this Lease if Landlord recaptures the Subject Space, the original Base Rent under the Lease shall be multiplied by a fraction, the numerator of which is the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture and the denominator of which is the total Rentable Square Feet of the Premises before Landlord’s recapture. The Additional Rent, to the extent that it is calculated on the basis of the Rentable Square Feet within the Premises, shall be reduced to reflect Tenant’s proportionate share based on the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture. This Lease as so amended shall continue thereafter in full force and effect for the remaining Premises only. Either party may require written confirmation of the amendments to this Lease necessitated by Landlord’s recapture of the Subject Space. If Landlord recaptures the Subject Space, Landlord shall, at Landlord’s sole expense, construct any partitions required to segregate the Subject Space from the space retained by Tenant. Tenant shall, however, pay for painting, covering, or otherwise decorating the surfaces of the partitions facing the remaining Premises retained by Tenant.
If Landlord recaptures the Subject Space, Landlord shall pay Tenant ten percent (10%) of any Transfer Premium received by Landlord.
28. Signs, Posters, Buildings and Towers.
No advertising signs, posters or similar devices shall be erected, displayed or maintained in, on, about or above the Premises or the structures thereon without a sign permit and the written approval of the Airport Manager.
No structures erected on the Premises shall exceed the height limit fixed by any City zoning ordinance or regulations of the Airport or Federal Aviation Authority. Tenant in its operations shall not unreasonably interfere with the property, interests, operations or activities of the City or of other tenants of the City.
29. Taxes.
Tenant will pay all fees, taxes, assessments and licenses levied, imposed or required by any governmental subdivision, body or authority on or in respect to any improvements or property placed on the Premises by Tenant or any person with its permission
The use, occupancy or possessory rights of Tenant in the Premises (a) Any business, activity or transaction conducted thereon by Tenant; (b) City license and permits; and
(c) Commercial Operator Permit fee.
30. Waiver of Damages and Indemnification.
City shall not be liable to Tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, except as results from acts of the sole negligence on the part of City, its agents, servants, employees or invitees. Without limiting the generality of the foregoing waiver, it is expressly extended to injury or damage caused by water leakage of any character from the roof(s), wall(s), basement or any part of the property, or caused by gas, oil, electricity or any other cause in or about the Premises or the building(s). Tenant agrees to hold City harmless from, and to defend City against, any and all claims or liability for any death or injury to any person or damage to any property, whatsoever, occurring in, on or about the Premises.
31. Payment of Rent and Services.
Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the address provided in Section 40.
32. Security Deposit.
On execution of this Lease, Tenant shall deposit the sum of Two Thousand Three Hundred dollars ($2,300.00) representing one (1) month’s rent in cash as security for the faithful performance of the terms, covenants and conditions of this Lease.
If Tenant is in default, City can use the security deposit or any portion of it, to cure the default or to compensate City for all damages or loss sustained by City resulting from Tenant's default if the notice requirements, if applicable, have been observed.
Tenant shall immediately, on demand, pay to City a sum equal to the portion of the security deposit expended or applied by City as provided in this paragraph so as to maintain the security deposit in the sum initially deposited. Upon final accounting by City, any balance of said deposit shall be refunded to Tenant.
33. Hold Harmless.
(a) Tenant shall save, protect, indemnify, and hold harmless City, its elective and appointive boards, commissions, officers, agents, and employees from any and all claims, cost or liability of any kind allegedly suffered, incurred or threatened, including
personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed pursuant to this Lease, or any omission to perform, including, but not limited to, claims, costs or liability resulting from: (I) The conduct, negligent or otherwise, of Tenant, its subtenant(s), assignee(s), or any officer(s), agent(s) or employee(s) of one or more of them; (2) The joint conduct of the City and Tenant, regardless of whether the City is concurrently, active or passively negligent or not negligent at all; or (3) The sole concurrent conduct of any other person or entity.
The above promise and agreement in this section is not conditioned or dependent on whether Tenant or City has prepared, supplied or approved any plan(s) or specification(s) in connection with this Lease, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of City.
(b) Non-Liability of City for Damages. This Lease is made upon the express condition that City is to be free from all liability and claim for damages by reason of any injury to any person or persons including, Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any extension hereof or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless City from all liability, loss, cost, attorney’s fees, and obligations on account of or arising out of any such injuries or losses however occurring.
34. Breach.
After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant (a) The appointment a general assignment by Tenant for the benefit of creditors, or of a Receiver to take possession of all or substantially all of the assets of Tenant, or
(b) Period of twenty (20) days, or
(c) A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days
35. Insurance.
(a) During the rental term, Tenant, at Tenant's sole expense, shall secure and maintain in force such policies of insurance as will protect it from claims for damages or injury resulting from bodily injury, including death, and for the loss or damage to property of others which may arise from operations of this Lease. Such insurance shall contain statements that:
(b) these policies shall also apply to City, as an Additional Named Insured; (ii) the insurance afforded by these policies applies severally as to each insured, except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability, and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a
claimant if not so included; (iii) the insurance shall be primary insurance over any other insurance carried by City, which other insurance shall be considered excess only; (iv) the above policies specifically include coverage indemnifying City as set forth in this Lease; (v) the policies may not be canceled, nor the coverage reduced until thirty (30) days after a written notice of such cancellation or reduction in coverage is delivered to City at the address contained herein; (vi) the insurance companies named herein waive any all rights of subrogation against City. Such liability insurance shall be written with limits of at least Two Million Dollars ($2,000,000.00), combined single limits, and shall be written by companies acceptable to City. The limit of liability insurance coverage shall be adjusted commensurate with inflation and other liability factors upon adoption of resolution of the City Council of City. Certificates of Insurance evidencing the above obligations shall be delivered to City on prior commencement of operations covered by this agreement. (b) City, at Tenant's cost, shall cooperate fully with Tenant to maximize any recovery following an insured casualty. All policies of fire and extended coverage or other casualty insurance required by subparagraphs (e) and (g) below shall provide that proceeds there under shall be paid to City and Tenant as their interests may appear. (c) All policies required to be maintained by Tenant pursuant to the terms of this Lease shall be issued by companies authorized to do business in the State of California with a financial rating of at least "A" in the most recent edition of Best Insurance Reports. Tenant shall pay premiums therefore and shall deliver annually to City Certificates of Insurance that such policies are in effect. If Tenant fails or refuses to procure or maintain the insurance coverage required hereunder, or fails or refuses to furnish City with proof that coverage has been procured and is in full force and paid for, City shall have the right, at City's election and without notice to Tenant, but without any obligation to do so, to procure and maintain such coverage. Tenant shall reimburse City on demand for any premiums City so pays in connection with such procurement. (d) Fire Insurance: During the Lease Term, Tenant, at Tenant's sole expense, shall insure for fire and extended coverage risks all buildings, personal property, improvements, and alterations in, on, or about the Leased Premises. Such insurance shall be in an amount not less than eighty percent (80%) of insurable, full replacement cost of such buildings and improvements, and shall include vandalism and malicious mischief endorsements. Said fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. The CITY OF WATSONVILLE shall be named as additional insured in such policy or policies. (e) Fire or Casualty:
(1) Destruction of Tenant Owned Building. In the event of extensive damage (greater than fifty percent (50%)) to or destruction of buildings or other improvements on the Leased Premises owned by Tenant as provided in Section 11 of this Lease ("Tenant Improvements"), Tenant shall determine whether to repair or replace the Tenant Improvements. If it is determined to repair or replace the Tenant Improvements, the proceeds of any insurance policy paid on account of such damage or destruction shall be used to defer the cost of repairing or replacing the Tenant Improvements.
Tenant shall complete all repairs within a reasonable time. If it is
determined not to repair or replace the Tenant Improvements, Tenant may terminate this Lease upon written notice to City within thirty (30) days of such damage or destruction. If Tenant terminates this Lease pursuant hereto, after deducting any proceeds payable to Tenant's lender pursuant to the following paragraph, the remaining proceeds of any insurance policy paid on account of such damage or destruction shall be distributed to City and Tenant pursuant to the following formula: City's share shall be the product of the amount of the remaining proceeds multiplied by a fraction, the numerator which is the number of months since the commencement date of this Lease until the date of the casualty causing such damage or destruction, and the denominator of which is four hundred and twenty (420). Tenant's share shall be the excess of the remaining proceeds after subtracting the City's share. In the event of termination of the Lease pursuant to this Section 33 (e) (l), Tenant shall remove the Tenant Improvements and, restore the City owned building to its prior condition at Tenant's sole cost and expense prior to the date of termination of the Lease.
All fire and extended coverage insurance policies insuring the Tenant Improvements may have a loss payable clause in favor of any lender of Tenant, including, but not limited to, any mortgagee of Tenant, as such lender's interest may appear.
(2) Destruction of City Owned Premises. If during the term of this Lease the City owned Premises, as provided in Section 11 of this Lease, shall be damaged or destroyed to the extent of fifty percent (50%) of its valuation or at a repair cost estimated by the City Building Official to exceed the sum of Twenty Five Thousand Dollars ($25,000.00) by fire, the elements, or any other cause, then this Lease shall, at City's option, cease and become null and void from the date of such damage, or destruction, and Tenant shall immediately surrender the entire Premises to City and shall pay rent only to the time of such surrender.
If the City owned Premises shall be damaged by fire, or other cause, so as to be capable of being repaired within a reasonable time, City shall have the option to repair the same and during the time that the repairs are being made, City shall remit to Tenant a just and fair portion of the rent according to the nature of the damage sustained and according to the extent that Tenant is deprived of the use of the City owned Premises.
Should the estimated time to repair damage exceed one hundred twenty (120) days, the Tenant may, at his option, terminate, this Lease. In such event both parties shall be released from further obligations under the terms of this Lease. (f) Workers' Compensation: Tenant, at Tenant's sole expense, must obtain and maintain workers' compensation insurance covering all its employees, and said insurance must be kept in force during the entire term of this Lease. (g) Notice: Each party hereto shall give to the other prompt and timely notice of any claim made or suit instituted coming to its knowledge which in any way directly, contingently or otherwise, affects or might affect either, and both shall have the right to participate in the defense of the same to the extent of its own interest.
36. Litigation Expenses.
If either party shall bring an action against the other by reason of the breach of any covenant, warranty or condition hereof, or otherwise arising out of this Lease, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorney fees, which shall be payable whether or not such action is prosecuted to judgment. "Prevailing Party" within the meaning of this paragraph shall include without limitation a party who brings an action against the other after the other's breach or default, if such action is dismissed upon the other's breach or default, if such action is dismissed upon the other's payment of the sums allegedly due or performance of the covenant's allegedly breached, or if the plaintiff obtains substantially the relief sought by it in the action.
37. Surrender of Premises.
Tenant agrees to surrender the Premises and any addition thereto at the termination of the tenancy herein created in the same condition as the Premises were in at the beginning of the tenancy or at the time of completion of the improvements as the case may be, reasonable use and wear thereof and damage by act of God or the elements excepted. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of City, terminate all or any existing subleases or sub tenancies, or may, at the option of City, operate an assignment to City of any or all such sublease or sub tenancies.
38. Waiver.
Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of condition hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party has or may have.
39. Quiet Enjoyment.
City covenants and warrants that upon Tenant's paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant's part to be observed and performed hereunder, Tenant shall and may peaceably and quietly enjoy the Premises hereby demised, subject nevertheless to the terms and conditions of this Lease.
40. Notices.
All notices, consents, waivers or other communications which this Lease requires or permits either party to give to the other shall be in writing and shall be served personally or delivered by registered or certified mail, return receipt requested, made
upon or addressed to the respective parties as follows:
To Landlord: To Tenant:
City Clerk
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
Trig Minier
d/b/a/ WATTS ON
210 Airport Boulevard
Watsonville, CA 95076
or such other address as may be contained in a notice from either party to the other given pursuant to this section. Notice of registered or certified mail shall be deemed to be given forty- eight (48) hours from the time of postmarking if mailed within the United States (excluding Alaska).
41. Recordation.
Neither party, without the consent of the other, shall cause or permit the original nor any copy of this Lease to be recorded, filed or published in any public place.
42. Tenant to Assume All Unknown Expenses.
Notwithstanding the existence of a provision therefore in this Lease, Tenant shall assume, pay and be obligated for any and all costs and expenses toward the operation, protection, maintenance of the Premises, known or unknown, expressed or unexpressed, it being the intention of the parties for this to be a triple net lease to City.
43. Right of City to Enter for Inspection.
City shall have the right to enter upon the Premises at all reasonable times during the term of this Lease for the purpose of making any inspection it may deem expedient to the proper enforcement of this Lease.
44. Nondiscrimination
Tenant hereby covenants that Tenant in its use of the Premises and any and all structures, buildings and improvements located here on shall conduct the fixed base operation or any other activity hereafter authorized by the City on the Premises on a nonexclusive and non-discriminatory basis in all respects with regard to any person, firm or group of persons. Tenant shall not act in any manner prohibited by Part 15 of the Federal Aviation Regulations and further agrees to be nondiscriminatory also with respect to price or cost of services or goods and in every other fashion.
45. Enforcement of Nondiscrimination Clause.
City shall have the right to take such action against the Tenant as the United States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the City itself.
46. Other Operations.
It is understood that the use authorized at the Watsonville Municipal Airport by this Lease is not given to Tenant exclusively but may be given to any other Tenant at the Airport at the sole discretion of the City.
47. Condemnation.
If the whole or any substantial part of the Premises shall be taken by any paramount public authority under the power of eminent domain then the term of this Lease shall cease as to the part so taken from the date the possession of that part shall be taken for any public purpose, and from that day Tenant shall have the right either to cancel this Lease or to continue in the possession of the remainder of the Premises under the term herein provided, except that the square foot rental shall be reduced in proportion to the amount of the Premises taken. Damages awarded for such taking shall be apportioned between the City and Tenant in a ratio relating to the number of years expired and remaining in the Lease Term between City and Tenant respectively; provided, however, that City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Tenant.
48. Nondiscrimination- (FAA, MBE, DB Requirements).
The Tenant, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for this Lease, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
The Tenant for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that the Tenant shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and
not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
Tenant shall insert the provisions of this section in any lease agreement or contract by which Tenant grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.
49. Remedy for Discrimination.
In the event of breach of any of the nondiscrimination covenants identified in Paragraph 48, City shall have the right to terminate this Lease and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Lease had never been made or issued. The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
Non-compliance with paragraph 51 shall constitute a material breach thereof and in the event of such non-compliance City shall have the right to terminate this Lease and the estate hereby created without liability therefore or at the election of the City or the United States either or both Governments shall have the right to judicially enforce paragraph 48.
50. Affirmative Action.
Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. Tenant assures that it will require that its covered by such subpart. Tenant assures that it will require that its covered suborganizations provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.
51. Subordination to Future FAA Agreements.
This Lease shall subordinate to the provisions and requirements of any existing or future agreement between the City and the United States, relative to the development, operation or maintenance of the Airport.
52. Notice to Federal Aviation Administration.
Tenant shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event of future construction of a building planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.
53. Proprietary and Governmental Roles; Actions by City.
Except where clearly and expressly provided otherwise in this Lease, the capacity of the City of Watsonville (“City”) in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Tenant understands that the City may grant or deny such request in its sole discretion, and may impose such terms and conditions as it deems consistent with that discretion and applicable law.
54. Non-Exclusive Right.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
55. Terms.
All the provisions of this Lease shall be deemed and construed to be "covenants" as though the words imported such covenants were used in each separate paragraph hereof, except when expressed as conditions.
56. Governing Law.
This Lease shall be construed and enforced in accordance with the laws of the State of California.
57. Binding Effect.
This Lease and the covenants and agreements herein contained shall bind and inure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.
58. Time is of the Essence.
Time is of the essence regarding this Lease.
59. Consent.
Whenever consent or approval of either party is required, that part shall not unreasonably withhold such consent or approval.
By: __________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
210 Airport
12/8/2022 4:30:26 PM
C:\Program Files\eSCRIBE\TEMP\16302233073\16302233073,,,Report - Four Yr Lease Sprenkle Inc dba Mid Valley Supply .docx Agenda Report
MEETING DATE: Tuesday, December 13, 2022
TO: City Council
FROM: AIRPORT DIRECTOR WILLIAMS
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVAL OF FOUR-YEAR LEASE OF AIRPORT PROPERTY AT 220-B AIRPORT BOULEVARD TO SPRENKEL, INC.
RECOMMENDED ACTION:
It is recommended the City Council approve a four (4) year lease of an Airport property to Sprenkel Incorporated, a California corporation.
BACKGROUND:
Sprenkel Inc., is a janitorial and sanitary maintenance supply company providing janitorial products, supplies, paper products, cleaning chemicals, pool/spa supplies and food service supplies to the tri-county area.
Sprenkel, Inc., doing business as Mid Valley Supply, is a long tenured non-aeronautical leasehold. The City Council approved the initial Lease on September 23, 2014 and a number of lease renewals have occurred over the last ten years.
DISCUSSION:
The Airport has negotiated and reached agreement on lease terms for the 9,600 square feet of industrial office located at 220-B Airport Boulevard. Lease term is four years at a rate of $0.95 per square foot, totaling $9,120.00 per month and subject to standard CPI adjustments over the term, as noted in the attached lease document.
STRATEGIC PLAN:
Approval of this four year lease is aligned with the Municipal Airport’s strategic plans and supports the enterprise fund mandate as a self-sustaining entity.
FINANCIAL IMPACT:
Current market conditions support a lease rate of $0.95 per square foot for industrial space on the Airport property. Any future tenant improvements must be approved and at the end of the lease period, all improvements on the premises become the City’s property free of all claims.
12/8/2022 4:30:26 PM
C:\Program Files\eSCRIBE\TEMP\16302233073\16302233073,,,Report - Four Yr Lease Sprenkle Inc dba Mid Valley Supply .docx ALTERNATIVE ACTION:
Alternatives include not approving the lease resulting in loss of a long tenured Airport tenant.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM) 1
Meeting Date: 121322
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A FOUR-YEAR NON-AERONAUTICAL
LEASE BETWEEN THE CITY OF WATSONVILLE AND SPRENKEL, INC.,
DBA MID VALLEY SUPPLY FOR THE USE OF REAL PROPERTY AND
IMPROVEMENTS LOCATED AT 220-B AIRPORT BOULEVARD,
WATSONVILLE, CALIFORNIA, COMMENCING ON JANUARY 1, 2023, AND ENDING DECEMBER 31, 2026, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAME
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a Lease between the City of Watsonville and Sprenkel, Inc. 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.
2. That the four-year non-aeronautical Lease between the City of Watsonville and Sprenkel, Inc. for the use of 9,600 square feet of City owned property more or less located at 220-B Airport Boulevard, Watsonville, California commencing January 1, 2023, and ending December 31, 2026, a copy of which Lease is attached hereto and incorporated herein by this reference, is hereby approved.
3. That the City Manager is hereby authorized and directed to execute such Lease 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. ***********************************
LEASE BETWEEN CITY OF WATSONVILLE AND SPRENKEL, INC.
THIS LEASE, "Lease", is made and entered into to be effective the first day of January, 2023 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter called "City", and SPRENKEL INC, hereafter called "Tenant".
THE PARTIES AGREE AS FOLLOWS:
1. Premises.
City does hereby rent and Tenant does hereby hire and take from City that certain real property and improvements, commonly known and referred to as 220 Airport Boulevard, Watsonville, California, consisting of a 9,600 (Nine thousand Six hundred) square feet portion of building located at 220 Airport Boulevard, in the City of Watsonville, Santa Cruz County, California. The premises are outlined in red on Exhibit "A". Tenant also has the right of ingress and egress to such Premises.
2. Term
The term of this Lease shall be four (4) years, commencing January 1, 2023, and expiring on December 31, 2026, hereafter "Lease Term", at an agreed monthly rent of approximately $0.95 per square foot per month at the sum of $9,120.00 (nine thousand one hundred twenty dollars) per month for the term (January 1, 2023 to December 31, 2026). Tenant and City agree to this rent without regard to whether per square foot rent is more or less than the prescribed amounts above (i.e. a rounding error).
The rent shall be adjusted annually, every July 15th beginning during the second year of the lease and each July 15th thereafter using the rate of April to April change in the Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California. In no event will the annual rental increase be more than seven percent (7%) due to increases in the CPI.
If on any rental adjustment date there shall not exist a CPI in the same format as recited herein, the parties shall substitute the Consumer Price Index for all Urban Consumers provided such index has been so revised or changed in such a way as to affect the direct comparability of such revised or changed index published by the Bureau of Labor Statistics or similar or successor governmental agency as may then be in existence and most nearly equivalent thereto (i.e.: the Wholesale Price Index). If the parties are unable to agree on a successor index in the event the aforesaid index is no longer reporting, then the parties shall refer the choice of the successor index to arbitration in accordance with rules of the American Arbitration Association. Rent is due and shall be paid in advance on the 1st day of each and every month during the term of this Lease, commencing January 1, 2023. Rent not received by the fifteenth (15th) of the month shall be assessed a ten percent (10%) late payment penalty.
3. Use.
The Premises shall be used to engage in providing warehousing and retail distribution of janitorial cleaning supplies and pool supplies.
4. Prohibited Uses.
The leased Premises shall not be used for any other use not expressly allowed in Section 3 of this Lease.
5. Improvements to Premises.
If any improvements are proposed by the Tenant, Tenant shall submit a written description of the proposal to the Airport Director together with two sketches drawn to scale. The Airport Director will review the proposal and provide written comments with a recommendation and forward the same to the City Manager for review.
6. Conditions of Construction.
Before construction is commenced on the Premises, and before any building materials have been delivered to the Premises by Tenant or under Tenant's authority, Tenant shall comply with all the following conditions or procure Landlord's written waiver of the condition or conditions specified in the waiver: plans and specifications, and four (4) copies of site plan. City shall not unreasonably disapprove preliminary plans and specifications.
(a) Notify City of Tenant's intention to commence the work of improvement at least ten (10) days before commencement of any such work or delivery of any materials. City shall have the right to post and maintain on the Premises any notices of non-responsibility provided for under applicable law.
(b) Furnish City with a true copy of Tenant's contract with the general contractor and with evidence of the general contractor's financial condition for City's approval. The contact shall give City the right but not the obligation to assume Tenant's obligations and rights under that contract if Tenant should default. (c) Tenant shall comply with all applicable codes, ordinances, or regulations, and requirements for permits and approvals, including, but not limited to or restricted to a grading permit, building permit, zoning and planning requirements, and approvals from various governmental agencies and bodies having jurisdiction. (d) Tenant shall require from the contractor: (i) certificates of insurance evidencing coverage for "Builder's risk", (ii) evidence of Worker's Compensation Insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord or the Premises, and (iii) evidence that contractor has paid or caused to be paid all premiums for the coverage described in this sub- paragraph and premiums sufficient to assure maintenance of all insurance during the anticipated course of the work.
7. New Construction Completion Date.
Once work has begun on one area, Tenant shall with reasonable diligence prosecute all construction of improvements for completion and ready for use; provided however, that the time for completion shall be extended for as long as Tenant shall be prevented from completing the construction by delays beyond Tenant's control; but
failure, regardless of cause to commence construction within two (2) weeks following execution of this lease, at City's election exercised by five (5) days written notice, shall terminate this Lease.
8. Protection of City against Cost or Claim.
Tenant shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the mechanic's lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. Tenant shall not suffer or permit to be enforced against the Premises or any part of it any mechanic's, materiel man’s, contractor's, or sub-contractor's lien arising from any work of improvement, however it may arise. However, Tenant may in good faith and at Tenant's own expense contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished the bond required in California Civil Code Section 3 143. Tenant shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Premises by Tenant, together with reasonable attorney's fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims.
9. Notice of Completion.
On completion of the work of improvement, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints City as Tenant's attorney in fact to file the notice of completion on Tenant's failure.
10.Ownership of Improvements During Term.
All buildings and improvements constructed on the Premises by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant; provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements except as expressly provided in this Lease; and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. City and Tenant covenant for themselves, and all persons claiming under or through them, that the improvements are real property. All buildings and improvements existing on the Premises, as of the date of this Lease are City's property, free of all claims to or against them by Tenant or any third person.
11.Ownership of Improvements at Termination.
Except as specified in Section 13 of this Lease, all buildings and improvements placed or constructed on said Premises as part of said project, as well as any and all other alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on said Premises by Tenant or any other person, shall be considered part of the real property of said Premises and on expiration or sooner termination of this Lease, or the exercised option, shall remain on said Premises and become the property of City free and clear of any liens or encumbrances whatsoever and without the payment of any consideration therefore.
12.Removal of Fixtures.
At the normal expiration of the Lease Term, provided Tenant is not in default, Tenant shall have the right to remove any and all trade fixtures, provided all resultant injuries to the Premises and remaining improvements, except for ordinary wear and tear, are completely remedied and Tenant complies with City's reasonable requirements respecting the resultant appearance. Any such items not so removed within thirty (30) days of termination shall become the property of the City free and clear of any liens or encumbrances whatsoever and without payment of consideration therefore.
13.No Subordination.
City shall not subordinate the fee title to the Premises to any security transaction to enable Tenant to obtain financing for the new improvements. The Premises are now and shall remain free and clear of any liens, encumbrances or other Tenant obligations to third person.
14.Utilities.
Tenant shall pay for all gas, heat, light, power, telephone service, garbage disposal, storm and sanitary sewer services, water and all other services supplied to the Premises, including installation and connection of such services from the main source thereof, including City meters, and hold harmless the City therefore.
15.Possessory Interest Tax.
Pursuant to Section 107.6 of the State Revenue and Taxation Code the City hereby gives notice that the property interest to Tenant under this Lease may be subject to property taxation as a possessory interest and the Tenant acknowledges that it shall be subject to payment of property tax if a possessory interest tax is levied on the property interest.
16.Alterations and Additions.
Except as otherwise provided by Section 6 of this Lease, Tenant shall not make any alterations or improvements to or erect any additional structures on the Premises without prior written consent of City. Any alterations or additions approved by City shall be constructed at the sole expense of Tenant.
17.Compliance with rules, regulations and laws.
In the use and occupancy of the Premises and in the conduct of all business, activities and transactions thereon, Tenant will comply with all applicable laws, ordinances, rules, regulations and orders of the City or any governmental subdivision, body or authority, including all federal, state and municipal laws and ordinances and all rules and regulations of the Federal Aviation Agency and the City of Watsonville rules and regulations concerning the operations of the Watsonville Municipal Airport and environs.
18.Storage of Materials, Equipment.
No materials, supplies, products, equipment or other personal property shall be stored or permitted to remain on any portion of the Leased Premises outside of City approved buildings or structures without City's prior written consent. Tenant shall store personal property items, supplies, materials and combustibles inside the buildings in a safe, neat and sanitary manner. Tenant shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Leased Premises for the short-term accumulation and storage of solid waste, such as rubbish, trash, garbage, sludge, discarded machinery or parts and any other solid industrial wastes.
Such enclosures and/or screened areas shall be designed in such a way as to prevent, odors, fumes, attraction of pests, and dispersal of wastes due to wind or water runoff, and shall be serviced regularly by qualified waste removal and disposal services.
Environmental Considerations.
(a) Tenant shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property.
Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airport storm drainage system or sanitary system. (b) Tenant shall at all times comply with all applicable laws, rules and regulations of federal, state or local governmental agencies, including, but not limited to, the City of Watsonville, Santa Cruz County, and responsible Regional Air and Water Quality Control Boards. Tenant shall not permit any activity which directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. Any waste oil storage tanks shall be in approved containers and in accordance with environmental and fire protection regulations. (c) Hazardous Substances. The term "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government, including, but not limited to any, material or substance which is defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under local, State, or federal law and as determined by the Fire Department. Except in strict compliance with all government approvals, applicable laws and regulations pertaining to Hazardous Materials, and in accordance with the provisions of this Lease, Tenant shall not cause or permit the presence, use, handling, generation, emission, release, discharge, storage, or disposal of any Hazardous Materials on, under, in or about the Premises, excepting the presence of any Hazardous Materials on, under, in or about the
Premises as of the date of this Lease or the migration to or seepage of Hazardous Materials from surrounding or adjacent property; and shall not cause or permit the transportation of any such materials.
19.Hazardous Materials to or from the Premises.
(a) Tenant shall at all times notify the City of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in machining facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease.
Tenant shall also institute operating procedures designed to handle Hazardous Materials consistent with prudent industry practice, including evidence of a licensed agent removal service. City shall have the right to inspect the Premises on 24-hours prior notice for compliance with the provisions of this Section. (b) Indemnification by City. City shall indemnify, protect, defend, and hold harmless Tenant and Tenant's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by City, its agents, employees, and contractors. The indemnification provisions of the foregoing shall survive the termination of this Lease.
21. Indemnification by Tenant.
Tenant shall indemnify, protect, defend, and hold harmless City and City's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by Tenant, its agents, employees, and contractors.
(a) Indemnification Survives Lease. The indemnification provisions of the foregoing shall survive the termination of this Lease.
No Warranty of Current Condition. City makes no representation or warranty,
express or implied, as to the physical condition of the Premises, including, but not limited to the condition of the exterior or interior of the structure, ground, soil, surface water or groundwater. the geology, the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon.
22. Repairs.
City shall maintain the exterior of the Premises, including outside walls and roof, heating, electrical systems (excluding internal lights and fixtures) except in the event that repairs or replacements are necessary thereto because of negligence or misconduct of the Tenant or if Tenant fails to notify City in writing within three (3) days of the need to repair.
Tenant shall maintain Premises, including, but not limited to, interior plumbing (i.e., sanitary sewer obstructions), interior walls, doors, hardware, alarms, internal lights and fixtures, etc., in as good order, condition and repair as they shall be upon the commencement of the term of this Lease. Any addition to the electrical system installed by Tenant shall remain the responsibility of the Tenant. Tenant shall keep drainage ditches and gutters free of debris.
23. Freedom from Liens.
Tenant shall not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, claims, stop notices, encumbrances and charges upon the Premises, or Tenant's leasehold interest therein which arise out of the use or occupancy of the Premises by Tenant or anyone using or occupying the Premises with the consent or sufferance of Tenant, or by reason of labor or materials furnished or claimed to have been furnished to Tenant for any construction, alteration, addition or repair of any part of the Premises. Tenant shall give City fifteen (15) days’ notice prior to commencing any work on the Premises, so that City shall have a reasonable time within which to post notices of non-responsibility.
24. Holding Over.
If Tenant shall hold possession of the Premises after the term of this Lease, Tenant shall become a Tenant from month to month at the rental and upon the terms herein specified and shall continue to be such tenant until the tenancy shall be terminated by City on sixty (60) days’ notice or until Tenant shall have given at least sixty (60) days’ notice of Tenant's intention to terminate the tenancy. The provisions of this Lease, so far as applicable, shall govern such tenancy, except that the monthly rent for such tenancy shall be the same as the last full month's rental rate.
25. Abandonment.
Tenant shall not vacate or abandon the Premises at any time during the term thereof; if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the
Premises shall be deemed to be abandoned and at the option of City shall become City's property free from all claims of Tenant. In the event Tenant abandons the Premises City shall have the option to terminate this Lease by giving Tenant notice of belief of abandonment pursuant to California Civil Code Section 195 1.3 or City has the remedy described in California Civil Code Section 1951.4, i.e., City may continue the Lease after breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject to reasonable limitations as provided in paragraph 25.
26. Assignment or Subletting.
Tenant shall not assign or encumber any interest in this Lease or in the Leased Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without City's written consent, and consent to one assignment or sublease shall not be construed as consent to any subsequent assignment or subleasing.
If Tenant is a corporation or partnership, any dissolution, merger, consolidation or other reorganization of Tenant or the sale or transfer of controlling percentage of the capital stock of Tenant or the sale of twenty five percent (25%) of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing at least twenty five percent (25%) of the total combined voting power of all classes of Tenant's capital stock issued outstanding and entitled to vote for the election of directors. City shall not unreasonably withhold consent, but City may nevertheless condition consent upon such factors as the identity, reputation, financial worth and stability and operating ability of any proposed assignee or subtenant. Unless prior written consent of City shall have been obtained, any transfer, or attempted assignment or transfer, of this Lease or any interest therein, or any subletting, either by voluntary or involuntary act of Tenant or by operation of law or otherwise, shall at the option of the City terminate this Lease, and any such purported assignment, transfer or subletting without such consent shall be null and void.
Assignment.
1. Tenant shall not have the right to assign this Lease, except by Leasehold mortgage, without the written consent of City, which shall not be unreasonably withheld.
If Tenant desires to assign the Lease, Tenant shall comply with the following procedures:
(a) Tenant shall give City at least sixty (60) days prior written notice of its desire to assign the Lease.
(b) Tenant shall simultaneously provide City with the assignee's name, business organization, financial statement, and other documentation as may be requested by City.
(c) Tenant shall provide City with a true copy of the proposed assignment and the proposed assignee shall, in recordable form, expressly assume all the covenants and conditions of this Lease.
(d) Tenant shall provide City with copies of any financial agreements, schedule of payments, mortgage or encumbrance on the Leasehold estate.
(e) Tenant shall pay City at the time the request to assign is submitted, a deposit of Five Thousand Dollars ($5,000.00) to offset City's expenses, including attorney's fee, in evaluating and documenting the assignment. City shall charge said deposit at the then current hourly rate for staff time charged to the Airport. Any balance of said deposit shall be refunded to Tenant, and any excess amount charged, excluding said deposit, shall be paid by Tenant.
(2) City and Tenant hereby deem it reasonable for the City to refuse to consent to a proposed assignment in the following circumstances:
(a) City may object to any proposed assignment if, in the City's sole opinion, the proposed assignee is not a qualified assignee in terms of financial strength, business experience or reputation or the ability to operate the fixed base operation and provide the required services in a manner consistent with the purposes for which this Lease was granted.
(b) City may object on any other reasonable grounds.
The effective date of the assignment shall not occur until sixty (60) days after the Tenant's notice of the proposed assignment unless, within that time, City gives notice of a valid objection or refusal of consent as set forth in subsection A. (3) hereof. If City gives notice of a valid objection and withholds consent, the Lease will not be assigned.
Subletting.
It is understood and agreed that, from time to time, Tenant may request City's permission to sublet portions of the Premises and City shall not unreasonably withhold consent, provided:
(1) Each sublease made shall be subject and subordinate to the right of the City and the provisions of each sublease shall conform to the provisions of this Lease as far as practicable.
(2) The sublease does not affect an assignment of the Lease as prohibited elsewhere.
(3) Tenant includes the following information with its request to sublease, the name, address, a true copy of the proposed sublease, and appropriate documentation as evidence the subtenant is qualified to conduct business on the Airport and such subtenant will provide the type of development and services required under the provisions of this Lease.
(4) Subtenant provides insurance coverage(s) as appropriate, in accordance with Lease provision(s), INSURANCE, the same as if the subtenant were a lessee.
If Tenant is in the default of monetary obligations to City pursuant to this Lease, Tenant immediately and irrevocably assigns to City, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Leased Premises as permitted by this Lease, and City, as assignee and as attorney- in-fact for Tenant, or a receiver for Tenant appointed on City's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. It is understood and
agreed by the parties hereto that the above assignment provisions do not apply to heirs by will.
27. LANDLORD’S RECAPTURE RIGHT.
RIGHT OF RECAPTURE
Despite any other provision of this Lease, Tenant shall notify Landlord in writing (Availability Notice) if Tenant wishes to transfer the Premises or any portion thereof (Subject Space). If Tenant does not give Landlord the Availability Notice before delivering a Transfer Notice, the Transfer Notice shall also be the Availability Notice.
Landlord has the option, by written notice to Tenant (Recapture Notice) within thirty (30) days after receiving any Availability Notice, to recapture the Subject Space as described in the next section. A timely Recapture Notice terminates this Lease as to the Subject Space and Tenant’s obligations regarding the remaining term of this Lease (or, at Landlord’s election, for a shorter period specified in the Availability Notice as the term of the Transfer) and as of the date specified in the Availability Notice. The Recapture Notice shall be void, however, if Tenant notifies Landlord, within thirty (30) days after receipt of the Recapture Notice, that Tenant withdraws the Availability Notice or Transfer Notice. If Landlord declines or fails timely to elect to recapture the Subject Space, Landlord shall have no further right under this section to the Subject Space unless it becomes available again after Transfer by Tenant.
CONSEQUENCES OF RECAPTURE.
To determine the new Base Rent under this Lease if Landlord recaptures the Subject Space, the original Base Rent under the Lease shall be multiplied by a fraction, the numerator of which is the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture and the denominator of which is the total Rentable Square Feet of the Premises before Landlord’s recapture. The Additional Rent, to the extent that it is calculated on the basis of the Rentable Square Feet within the Premises, shall be reduced to reflect Tenant’s proportionate share based on the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture. This Lease as so amended shall continue thereafter in full force and effect for the remaining Premises only. Either party may require written confirmation of the amendments to this Lease necessitated by Landlord’s recapture of the Subject Space. If Landlord recaptures the Subject Space, Landlord shall, at Landlord’s sole expense, construct any partitions required to segregate the Subject Space from the space retained by Tenant. Tenant shall, however, pay for painting, covering, or otherwise decorating the surfaces of the partitions facing the remaining Premises retained by Tenant.
If Landlord recaptures the Subject Space, Landlord shall pay Tenant ten percent (10%) of any Transfer Premium received by Landlord.
28. Signs, Posters, Buildings and Towers.
No advertising signs, posters or similar devices shall be erected, displayed or maintained in, on, about or above the Premises or the structures thereon without a sign permit and the written approval of the Airport Manager.
No structures erected on the Premises shall exceed the height limit fixed by any City zoning ordinance or regulations of the Airport or Federal Aviation Authority. Tenant in its operations shall not unreasonably interfere with the property, interests, operations or activities of the City or of other tenants of the City.
29. Taxes.
Tenant will pay all fees, taxes, assessments and licenses levied, imposed or required by any governmental subdivision, body or authority on or in respect to any improvements or property placed on the Premises by Tenant or any person with its permission
The use, occupancy or possessory rights of Tenant in the Premises (a) Any business, activity or transaction conducted thereon by Tenant; (b) City license and permits; and
(c) Commercial Operator Permit fee.
30. Waiver of Damages and Indemnification.
City shall not be liable to Tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, except as results from acts of the sole negligence on the part of City, its agents, servants, employees or invitees. Without limiting the generality of the foregoing waiver, it is expressly extended to injury or damage caused by water leakage of any character from the roof(s), wall(s), basement or any part of the property, or caused by gas, oil, electricity or any other cause in or about the Premises or the building(s). Tenant agrees to hold City harmless from, and to defend City against, any and all claims or liability for any death or injury to any person or damage to any property, whatsoever, occurring in, on or about the Premises.
31. Payment of Rent and Services.
Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the address provided in Section 40.
32. Security Deposit.
On execution of this Lease, Tenant shall deposit the sum of Nine Thousand One Hundred Twenty dollars ($9,120.00) representing one (1) month’s rent in cash as security for the faithful performance of the terms, covenants and conditions of this Lease.
If Tenant is in default, City can use the security deposit or any portion of it, to cure the default or to compensate City for all damages or loss sustained by City resulting from Tenant's default if the notice requirements, if applicable, have been observed.
Tenant shall immediately, on demand, pay to City a sum equal to the portion of the security deposit expended or applied by City as provided in this paragraph so as to maintain the security deposit in the sum initially deposited. Upon final accounting by the City, any balance of said deposit shall be refunded to Tenant.
33. Hold Harmless.
(a) Tenant shall save, protect, indemnify, and hold harmless City, its elective and appointive boards, commissions, officers, agents, and employees from any and all claims, cost or liability of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed pursuant to this Lease, or any omission to perform, including, but not limited to, claims, costs or liability resulting from: (I) The conduct, negligent or otherwise, of Tenant, its subtenant(s), assignee(s), or any officer(s), agent(s) or employee(s) of one or more of them; (2) The joint conduct of the City and Tenant, regardless of whether the City is concurrently, active or passively negligent or not negligent at all; or (3) The sole concurrent conduct of any other person or entity.
The above promise and agreement in this section is not conditioned or dependent on whether Tenant or City has prepared, supplied or approved any plan(s) or specification(s) in connection with this Lease, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of City.
(b) Non-Liability of City for Damages. This Lease is made upon the express condition that City is to be free from all liability and claim for damages by reason of any injury to any person or persons including, Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any extension hereof or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless City from all liability, loss, cost, attorney’s fees, and obligations on account of or arising out of any such injuries or losses however occurring.
34. Breach.
After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant (a) The appointment a general assignment by Tenant for the benefit of creditors, or of a Receiver to take possession of all or substantially all of the assets of Tenant, or
(b) Period of twenty (20) days, or
(c) A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days
35. Insurance.
(a) During the rental term, Tenant, at Tenant's sole expense, shall secure and maintain in force such policies of insurance as will protect it from claims for damages or injury resulting from bodily injury, including death, and for the loss or damage to property of others which may arise from operations of this Lease. Such insurance shall contain statements that:
(b) these policies shall also apply to City, as an Additional Named Insured;
(ii) the insurance afforded by these policies applies severally as to each insured, except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability, and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included; (iii) the insurance shall be primary insurance over any other insurance carried by City, which other insurance shall be considered excess only; (iv) the above policies specifically include coverage indemnifying City as set forth in this Lease; (v) the policies may not be canceled, nor the coverage reduced until thirty (30) days after a written notice of such cancellation or reduction in coverage is delivered to City at the address contained herein; (vi) the insurance companies named herein waive any all rights of subrogation against City. Such liability insurance shall be written with limits of at least Two Million Dollars ($2,000,000.00), combined single limits, and shall be written by companies acceptable to the City. The limit of liability insurance coverage shall be adjusted commensurate with inflation and other liability factors upon adoption of resolution of the City Council of City. Certificates of Insurance evidencing the above obligations shall be delivered to City on prior commencement of operations covered by this agreement.
(b) City, at Tenant's cost, shall cooperate fully with Tenant to maximize any recovery following an insured casualty. All policies of fire and extended coverage or other casualty insurance required by subparagraphs (e) and (g) below shall provide that proceeds thereunder shall be paid to City and Tenant as their interests may appear. (c) All policies required to be maintained by Tenant pursuant to the terms of this Lease shall be issued by companies authorized to do business in the State of California with a financial rating of at least "A" in the most recent edition of Best Insurance Reports. Tenant shall pay premiums therefore and shall deliver annually to City Certificates of Insurance that such policies are in effect. If Tenant fails or refuses to procure or maintain the insurance coverage required hereunder, or fails or refuses to furnish City with proof that coverage has been procured and is in full force and paid for, City shall have the right, at City's election and without notice to Tenant, but without any obligation to do so, to procure and maintain such coverage. Tenant shall reimburse City on demand for any premiums City so pays in connection with such procurement. (d) Fire Insurance: During the Lease Term, Tenant, at Tenant's sole expense, shall insure for fire and extended coverage risks all buildings, personal property, improvements, and alterations in, on, or about the Leased Premises. Such insurance shall be in an amount not less than eighty percent (80%) of insurable, full replacement cost of such buildings and improvements, and shall include vandalism and malicious mischief endorsements. Said fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. The CITY OF WATSONVILLE shall be named as additional insured in such policy or policies. (e) Fire or Casualty:
(1) Destruction of Tenant Owned Building. In the event of extensive damage (greater than fifty percent (50%)) to or destruction of buildings or other improvements on the Leased Premises owned by Tenant as provided in Section 11 of this Lease ("Tenant Improvements"), Tenant shall determine
whether to repair or replace the Tenant Improvements. If it is determined to repair or replace the Tenant Improvements, the proceeds of any insurance policy paid on account of such damage or destruction shall be used to defer the cost of repairing or replacing the Tenant Improvements.
Tenant shall complete all repairs within a reasonable time. If it is determined not to repair or replace the Tenant Improvements, Tenant may terminate this Lease upon written notice to the City within thirty (30) days of such damage or destruction. If Tenant terminates this Lease pursuant hereto, after deducting any proceeds payable to Tenant's lender pursuant to the following paragraph, the remaining proceeds of any insurance policy paid on account of such damage or destruction shall be distributed to City and Tenant pursuant to the following formula: City's share shall be the product of the amount of the remaining proceeds multiplied by a fraction, the numerator which is the number of months since the commencement date of this Lease until the date of the casualty causing such damage or destruction, and the denominator of which is four hundred and twenty (420). Tenant's share shall be the excess of the remaining proceeds after subtracting the City's share. In the event of termination of the Lease pursuant to this Section 33 (e) (l), Tenant shall remove the Tenant Improvements and restore the City owned building to its prior condition at Tenant's sole cost and expense prior to the date of termination of the Lease.
All fire and extended coverage insurance policies insuring the Tenant Improvements may have a loss payable clause in favor of any lender of Tenant, including, but not limited to, any mortgagee of Tenant, as such lender's interest may appear.
(2) Destruction of City Owned Premises. If during the term of this Lease the City owned Premises, as provided in Section 11 of this Lease, shall be damaged or destroyed to the extent of fifty percent (50%) of its valuation or at a repair cost estimated by the City Building Official to exceed the sum of Twenty Five Thousand Dollars ($25,000.00) by fire, the elements, or any other cause, then this Lease shall, at City's option, cease and become null and void from the date of such damage, or destruction, and Tenant shall immediately surrender the entire Premises to City and shall pay rent only to the time of such surrender.
If the City owned Premises shall be damaged by fire, or other cause, so as to be capable of being repaired within a reasonable time, City shall have the option to repair the same and during the time that the repairs are being made, City shall remit to Tenant a just and fair portion of the rent according to the nature of the damage sustained and according to the extent that Tenant is deprived of the use of the City owned Premises.
Should the estimated time to repair damage exceed one hundred twenty (120) days, the Tenant may, at his option, terminate this Lease. In such event both parties shall be released from further obligations under the terms of this Lease. (f) Workers' Compensation: Tenant, at Tenant's sole expense, must obtain and maintain workers' compensation insurance covering all its employees, and said insurance
must be kept in force during the entire term of this Lease. (g) Notice: Each party hereto shall give to the other prompt and timely notice of any claim made or suit instituted coming to its knowledge which in any way directly, contingently or otherwise, affects or might affect either, and both shall have the right to participate in the defense of the same to the extent of its own interest.
36. Litigation Expenses.
If either party shall bring an action against the other by reason of the breach of any covenant, warranty or condition hereof, or otherwise arising out of this Lease, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorney fees, which shall be payable whether or not such action is prosecuted to judgment. "Prevailing Party" within the meaning of this paragraph shall include without limitation a party who brings an action against the other after the other's breach or default, if such action is dismissed upon the other's breach or default, if such action is dismissed upon the other's payment of the sums allegedly due or performance of the covenant's allegedly breached, or if the plaintiff obtains substantially the relief sought by it in the action.
37. Surrender of Premises.
Tenant agrees to surrender the Premises and any addition thereto at the termination of the tenancy herein created in the same condition as the Premises were in at the beginning of the tenancy or at the time of completion of the improvements as the case may be, reasonable use and wear thereof and damage by act of God or the elements excepted. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of City, terminate all or any existing subleases or sub tenancies, or may, at the option of City, operate an assignment to City of any or all such sublease or sub tenancies.
38. Waiver.
Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of condition hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party has or may have.
39. Quiet Enjoyment.
City covenants and warrants that upon Tenant's paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant's part to be observed and performed hereunder, Tenant shall and may peaceably and quietly enjoy the Premises hereby demised, subject nevertheless to the terms and conditions of this Lease.
40. Notices.
All notices, consents, waivers or other communications which this Lease requires or permits either party to give to the other shall be in writing and shall be served personally or delivered by registered or certified mail, return receipt requested, made upon or addressed to the respective parties as follows:
To Landlord: To Tenant:
City Clerk
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
President
Sprenkel, Inc.
220-B Airport Boulevard
Freedom, CA 95019
or such other address as may be contained in a notice from either party to the other given pursuant to this section. Notice of registered or certified mail shall be deemed to be given forty- eight (48) hours from the time of postmarking if mailed within the United States (excluding Alaska).
41. Recordation.
Neither party, without the consent of the other, shall cause or permit the original nor any copy of this Lease to be recorded, filed or published in any public place.
42. Tenant to Assume All Unknown Expenses.
Notwithstanding the existence of a provision therefore in this Lease, Tenant shall assume, pay and be obligated for any and all costs and expenses toward the operation, protection, maintenance of the Premises, known or unknown, expressed or unexpressed, it being the intention of the parties for this to be a triple net lease to City.
43. Right of City to Enter for Inspection.
City shall have the right to enter upon the Premises at all reasonable times during the term of this Lease for the purpose of making any inspection it may deem expedient to the proper enforcement of this Lease.
44. Nondiscrimination
Tenant hereby covenants that Tenant in its use of the Premises and any and all structures, buildings and improvements located here on shall conduct the fixed base operation or any other activity hereafter authorized by the City on the Premises on a nonexclusive and non-discriminatory basis in all respects with regard to any person, firm or group of persons. Tenant shall not act in any manner prohibited by Part 15 of the Federal Aviation Regulations and further agree to be nondiscriminatory also with respect to price or cost of services or goods and in every other fashion.
45. Enforcement of Nondiscrimination Clause.
City shall have the right to take such action against the Tenant as the United
States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the City itself.
46. Other Operations.
It is understood that the use authorized at the Watsonville Municipal Airport by this Lease is not given to Tenant exclusively but may be given to any other Tenant at the Airport at the sole discretion of the City.
47. Condemnation.
If the whole or any substantial part of the Premises shall be taken by any paramount public authority under the power of eminent domain then the term of this Lease shall cease as to the part so taken from the date the possession of that part shall be taken for any public purpose, and from that day Tenant shall have the right either to cancel this Lease or to continue in the possession of the remainder of the Premises under the term herein provided, except that the square foot rental shall be reduced in proportion to the amount of the Premises taken. Damages awarded for such taking shall be apportioned between the City and Tenant in a ratio relating to the number of years expired and remaining in the Lease Term between City and Tenant respectively; provided, however, that City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Tenant.
48. Nondiscrimination- (FAA, MBE, DB Requirements).
The Tenant, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for this Lease, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
The Tenant for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that the Tenant shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department
of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
Tenant shall insert the provisions of this section in any lease agreement or contract by which Tenant grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.
49. Remedy for Discrimination.
In the event of breach of any of the nondiscrimination covenants identified in Paragraph 48, City shall have the right to terminate this Lease and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Lease had never been made or issued. The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
Non-compliance with paragraph 51 shall constitute a material breach thereof and in the event of such non-compliance City shall have the right to terminate this Lease and the estate hereby created without liability therefore or at the election of the City or the United States either or both Governments shall have the right to judicially enforce paragraph 48.
50. Affirmative Action.
Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. Tenant assures that it will require that its covered by such subpart. Tenant assures that it will require that its covered sub organizations provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.
51. Subordination to Future FAA Agreements.
This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States, relative to the development, operation or maintenance of the Airport.
52. Notice to Federal Aviation Administration.
Tenant shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event of future construction of a building planned for the Premises, or in the event of any planned modification or alteration of any
present or future building or structure situated on the Premises.
53. Proprietary and Governmental Roles; Actions by City.
Except where clearly and expressly provided otherwise in this Lease, the capacity of the City of Watsonville (“City”) in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Tenant understands that the City may grant or deny such request in its sole discretion, and may impose such terms and conditions as it deems consistent with that discretion and applicable law.
54. Non-Exclusive Right.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
55. Terms.
All the provisions of this Lease shall be deemed and construed to be "covenants" as though the words imported such covenants were used in each separate paragraph hereof, except when expressed as conditions.
56. Governing Law.
This Lease shall be construed and enforced in accordance with the laws of the State of California.
57. Binding Effect.
This Lease and the covenants and agreements herein contained shall bind and insure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.
58. Time is of the Essence.
Time is of the essence regarding this Lease.
By: __________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
EXHIBIT “A” Leased Premised outlined in Red
12/7/2022 6:12:34 PM
C:\Program Files\eSCRIBE\TEMP\18122886809\18122886809,,,RESOLUTION APPROVING FOUR YEAR LEASE OF AIRPORT PROPERTY AT 240 AIRPORT BOULEVARD TO BILL KNOWLTON .docx Agenda Report
MEETING DATE: Tuesday, December 13, 2022
TO: City Council
FROM: AIRPORT DIRECTOR WILLIAMS
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING FOUR YEAR LEASE OF AIRPORT PROPERTY AT 240 AIRPORT BOULEVARD TO BILL KNOWLTON
DBA KNOWLTON CONSTRUCTION
RECOMMENDED ACTION:
It is recommended the City Council approve a four (4) year lease of Airport property to Bill Knowlton dba Knowlton Construction.
BACKGROUND:
Knowlton Construction is a general contractor and construction company providing professional residential and commercial building construction, fabrication and remodeling services.
Knowlton Construction is a long tenured non-aeronautical leasehold, dating back to February 2001 with a number of lease renewals and a relocation over the last twenty years.
DISCUSSION:
The Airport has negotiated and reached agreement on lease terms for the 1,730 square feet of industrial office located at 240 Airport Boulevard. Lease term is four years at a rate of $0.95 per square foot, totaling $1,643.50 per month and subject to standard CPI adjustments over the term, as noted in the attached lease document.
STRATEGIC PLAN:
This four-year lease aligns with the Airport’s Strategic plan to maintain a self-sustaining enterprise fund.
FINANCIAL IMPACT:
Current market conditions support a lease rate of $0.95 per square foot for industrial space on the Airport property. Any future tenant improvements must be approved and at the end of the lease period, all improvements on the premises become the City’s property free of all claims.
12/7/2022 6:12:34 PM
C:\Program Files\eSCRIBE\TEMP\18122886809\18122886809,,,RESOLUTION APPROVING FOUR YEAR LEASE OF AIRPORT PROPERTY AT 240 AIRPORT BOULEVARD TO BILL KNOWLTON .docx ALTERNATIVE ACTION:
Alternatives include not approving the lease resulting in loss of a long tenured Airport tenant.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM) 1
Meeting Date: 121322
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A FOUR-YEAR NON-AERONAUTICAL
LEASE BETWEEN THE CITY OF WATSONVILLE AND BILL KNOWLTON
DBA KNOWLTON CONSTRUCTION FOR THE USE OF REAL PROPERTY
AND IMPROVEMENTS LOCATED AT 240 AIRPORT BOULEVARD,
WATSONVILLE, CALIFORNIA, COMMENCING ON JANUARY 1, 2023, AND ENDING DECEMBER 31, 2026, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAME AS WELL AS
ANY OTHER DOCUMENTS RELATED TO THE LEASE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a Lease between the City of Watsonville and Bill Knowlton, dba Knowlton Construction 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.
2. That the four-year non-aeronautical Lease between the City of Watsonville and Bill Knowlton, d/b/a/ Knowlton Construction, for the use of 1,730 square feet of City owned property more or less located at 240 Airport Boulevard, Watsonville, California commencing January 1, 2023, and ending December 31, 2026, a copy of which Lease is attached hereto and incorporated herein by this reference, is hereby approved.
3. That the City Manager is hereby authorized and directed to execute such Lease 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 as well as any other documents which are related to the Lease.
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LEASE BETWEEN CITY OF WATSONVILLE AND BILL KNOWLTON D/B/A/ KNOWLTON CONSTRUCTION.
THIS LEASE, "Lease", is made and entered into to be effective the first day of January 1, 2023 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter called "City", and BILL KNOWLTON d/b/a/ KNOWLTON CONSTRUCTION, hereafter called "Tenant".
THE PARTIES AGREE AS FOLLOWS:
1. Premises.
City does hereby rent and Tenant does hereby hire and take from City that certain real property and improvements, commonly known and referred to as 240 Airport Boulevard, Watsonville, California, consisting of a 1,730 (One Thousand Seven Hundred Thirty) square feet portion of building located at 240 Airport Boulevard, in the City of Watsonville, Santa Cruz County, California. The premises are outlined in Exhibits "A” and “B". Tenant also has the right of ingress and egress to such Premises.
2. Term
The term of this Lease shall be four (4) years, commencing January 1, 2023, and expiring on December 31, 2026, hereafter "Lease Term", at an agreed monthly rent of approximately $0.95 per square foot per month at the sum of $1,643.50 (One Thousand Six Hundred forty-three dollars and fifty cents) per month for the term (December 1, 2022 to November 30, 2026). Tenant and City agree to this rent without regard to whether per square foot rent is more or less than the prescribed amounts above (i.e. a rounding error).
The rent shall be adjusted annually, every July 15th beginning during the second year of the lease and each July 15th thereafter using the rate of April to April change in the Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California. In no event will the annual rental increase be more than seven percent (7%) due to increases in the CPI.
If on any rental adjustment date there shall not exist a CPI in the same format as recited herein, the parties shall substitute the Consumer Price Index for all Urban Consumers provided such index has been so revised or changed in such a way as to affect the direct comparability of such revised or changed index published by the Bureau of Labor Statistics or similar or successor governmental agency as may then be in existence and most nearly equivalent thereto (i.e.: the Wholesale Price Index). If the parties are unable to agree on a successor index in the event the aforesaid index is no longer reporting, then the parties shall refer the choice of the successor index to arbitration in accordance with rules of the American Arbitration Association. Rent is due and shall be paid in advance on the 1st day of each and every month during the term of this Lease, commencing January 1, 2023. Rent not received by the thirtieth (15th) of the month shall be assessed a ten percent (10%) late payment penalty.
3. Use.
The Premises shall be used to engage in providing professional general construction and contracting services and provisioning of construction support in accordance with industry standards and best practices.
4. Prohibited Uses.
The leased Premises shall not be used for any other use not expressly allowed in Section 3 of this Lease.
5. Improvements to Premises.
If any improvements are proposed by the Tenant, Tenant shall submit a written description of the proposal to the Airport Director together with two sketches drawn to scale. The Airport Director will review the proposal and provide written comments with a recommendation and forward the same to the City Manager for review.
6. Conditions of Construction.
Before construction is commenced on the Premises, and before any building materials have been delivered to the Premises by Tenant or under Tenant's authority, Tenant shall comply with all the following conditions or procure Landlord's written waiver of the condition or conditions specified in the waiver: plans and specifications, and four (4) copies of site plan. City shall not unreasonably disapprove preliminary plans and specifications.
(a) Notify City of Tenant's intention to commence the work of improvement at least ten (10) days before commencement of any such work or delivery of any materials. City shall have the right to post and maintain on the Premises any notices of non-responsibility provided for under applicable law.
(b) Furnish City with a true copy of Tenant's contract with the general contractor and with evidence of the general contractor's financial condition for City's approval. The contact shall give City the right but not the obligation to assume Tenant's obligations and rights under that contract if Tenant should default. (c) Tenant shall comply with all applicable codes, ordinances, or regulations, and requirements for permits and approvals, including, but not limited to or restricted to a grading permit, building permit, zoning and planning requirements, and approvals from various governmental agencies and bodies having jurisdiction. (d) Tenant shall require from the contractor: (i) certificates of insurance evidencing coverage for "Builder's risk", (ii) evidence of Worker's Compensation Insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord or the Premises, and (iii) evidence that contractor has paid or caused to be paid all premiums for the coverage described in this sub- paragraph and premiums sufficient to assure maintenance of all insurance during the anticipated course of the work.
7. New Construction Completion Date.
Once work has begun on one area, Tenant shall with reasonable diligence prosecute all construction of improvements for completion and ready for use; provided however, that the time for completion shall be extended for as long as Tenant shall be prevented from completing the construction by delays beyond Tenant's control; but failure, regardless of cause to commence construction within two (2) weeks following execution of this lease, at City's election exercised by five (5) days written notice, shall terminate this Lease.
8. Protection of City against Cost or Claim.
Tenant shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the mechanic's lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. Tenant shall not suffer or permit to be enforced against the Premises or any part of it any mechanic's, materiel man’s, contractor's, or sub-contractor's lien arising from any work of improvement, however it may arise. However, Tenant may in good faith and at Tenant's own expense contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished the bond required in California Civil Code Section 3 143. Tenant shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Premises by Tenant, together with reasonable attorney's fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims.
9. Notice of Completion.
On completion of the work of improvement, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints City as Tenant's attorney in fact to file the notice of completion on Tenant's failure.
10.Ownership of Improvements During Term.
All buildings and improvements constructed on the Premises by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant; provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements except as expressly provided in this Lease; and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. City and Tenant covenant for themselves, and all persons claiming under or through them, that the improvements are real property. All buildings and improvements existing on the Premises, as of the date of this Lease are City's property, free of all claims to or against them by Tenant or any third person.
11.Ownership of Improvements at Termination.
Except as specified in Section 13 of this Lease, all buildings and improvements placed or constructed on said Premises as part of said project, as well as any and all other alterations, additions, improvements, and fixtures, except furniture and trade fixtures,
made or placed in or on said Premises by Tenant or any other person, shall be considered part of the real property of said Premises and on expiration or sooner termination of this Lease, or the exercised option, shall remain on said Premises and become the property of City free and clear of any liens or encumbrances whatsoever and without the payment of any consideration therefore.
12.Removal of Fixtures.
At the normal expiration of the Lease Term, provided Tenant is not in default, Tenant shall have the right to remove any and all trade fixtures, provided all resultant injuries to the Premises and remaining improvements, except for ordinary wear and tear, are completely remedied and Tenant complies with City's reasonable requirements respecting the resultant appearance. Any such items not so removed within thirty (30) days of termination shall become the property of the City free and clear of any liens or encumbrances whatsoever and without payment of consideration therefore.
13.No Subordination.
City shall not subordinate the fee title to the Premises to any security transaction to enable Tenant to obtain financing for the new improvements. The Premises are now and shall remain free and clear of any liens, encumbrances or other Tenant obligations to third person.
14.Utilities.
Tenant shall pay monthly, in arrears, for all gas, heat, light, power, telephone service, garbage disposal, storm and sanitary sewer services, and water plus all other services supplied to the Premises, including installation and connection of such services from the main source thereof, including City meters, and hold harmless the City therefore.
15.Possessory Interest Tax.
Pursuant to Section 107.6 of the State Revenue and Taxation Code the City hereby gives notice that the property interest to Tenant under this Lease may be subject to property taxation as a possessory interest and the Tenant acknowledges that it shall be subject to payment of property tax if a possessory interest tax is levied on the property interest.
16.Alterations and Additions.
Except as otherwise provided by Section 6 of this Lease, Tenant shall not make any alterations or improvements to or erect any additional structures on the Premises without prior written consent of City. Any alterations or additions approved by City shall be constructed at the sole expense of Tenant.
17.Compliance with rules, regulations and laws.
In the use and occupancy of the Premises and in the conduct of all business,
activities and transactions thereon, Tenant will comply with all applicable laws, ordinances, rules, regulations and orders of the City or any governmental subdivision, body or authority, including all federal, state and municipal laws and ordinances and all rules and regulations of the Federal Aviation Agency and the City of Watsonville rules and regulations concerning the operations of the Watsonville Municipal Airport and environs.
18.Storage of Materials, Equipment.
No materials, supplies, products, equipment or other personal property shall be stored or permitted to remain on any portion of the Leased Premises outside of City approved buildings or structures without City's prior written consent. Tenant shall store personal property items, supplies, materials and combustibles inside the buildings in a safe, neat and sanitary manner. Tenant shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Leased Premises for the short-term accumulation and storage of solid waste, such as rubbish, trash, garbage, sludge, discarded machinery or parts and any other solid industrial wastes.
Such enclosures and/or screened areas shall be designed in such a way as to prevent odors, fumes, attraction of pests, and dispersal of wastes due to wind or water runoff, and shall be serviced regularly by qualified waste removal and disposal services.
Environmental Considerations.
(a) Tenant shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property.
Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airport storm drainage system or sanitary system. (b) Tenant shall at all times comply with all applicable laws, rules and regulations of federal, state or local governmental agencies, including, but not limited to, the City of Watsonville, Santa Cruz County, and responsible Regional Air and Water Quality Control Boards. Tenant shall not permit any activity which directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. Any waste oil storage tanks shall be in approved containers and in accordance with environmental and fire protection regulations. (c) Hazardous Substances. The term "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government, including, but not limited to any, material or substance which is defined as a "hazardous waste," "extremely hazardous waste" or
"restricted hazardous waste" under local, State, or federal law and as determined by the Fire Department. Except in strict compliance with all government approvals, applicable laws and regulations pertaining to Hazardous Materials, and in accordance with the provisions of this Lease, Tenant shall not cause or permit the presence, use, handling, generation, emission, release, discharge, storage, or disposal of any Hazardous Materials on, under, in or about the Premises, excepting the presence of any Hazardous Materials on, under, in or about the Premises as of the date of this Lease or the migration to or seepage of Hazardous Materials from surrounding or adjacent property; and shall not cause or permit the transportation of any such materials.
19.Hazardous Materials to or from the Premises.
(a) Tenant shall at all times notify City of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in machining facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease.
Tenant shall also institute operating procedures designed to handle Hazardous Materials consistent with prudent industry practice, including evidence of a licensed agent removal service. City shall have the right to inspect the Premises on 24-hours prior notice for compliance with the provisions of this Section. (b) Indemnification by City. City shall indemnify, protect, defend, and hold harmless Tenant and Tenant's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by City, its agents, employees, and contractors.
21. Indemnification by Tenant.
Tenant shall indemnify, protect, defend, and hold harmless City and City's successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release,
storage, discharge or disposal of hazardous material by Tenant, its agents, employees, and contractors.
(a) Indemnification Survives Lease. The indemnification provisions of the foregoing shall survive the termination of this Lease.
No Warranty of Current Condition. City makes no representation or warranty, express or implied, as to the physical condition of the Premises, including, but not limited to the condition of the exterior or interior of the structure, ground, soil, surface water or groundwater. the geology, the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon.
22. Repairs.
City shall maintain the exterior of the Premises, including outside walls and roof, heating, electrical systems (excluding internal lights and fixtures) except in the event that repairs or replacements are necessary thereto because of negligence or misconduct of the Tenant or if Tenant fails to notify City in writing within three (3) days of the need to repair.
Tenant shall maintain Premises, including, but not limited to, interior plumbing (i.e., sanitary sewer obstructions), interior walls, doors, hardware, alarms, internal lights and fixtures, etc., in as good order, condition and repair as they shall be upon the commencement of the term of this Lease. Any addition to the electrical system installed by Tenant shall remain the responsibility of the Tenant. Tenant shall keep drainage ditches and gutters free of debris.
23. Freedom from Liens.
Tenant shall not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, claims, stop notices, encumbrances and charges upon the Premises, or Tenant's leasehold interest therein which arise out of the use or occupancy of the Premises by Tenant or anyone using or occupying the Premises with the consent or sufferance of Tenant, or by reason of labor or materials furnished or claimed to have been furnished to Tenant for any construction, alteration, addition or repair of any part of the Premises. Tenant shall give City fifteen (15) days notice prior to commencing any work on the Premises, so that City shall have a reasonable time within which to post notices of non-responsibility.
24. Holding Over.
If Tenant shall hold possession of the Premises after the term of this Lease, Tenant shall become a Tenant from month to month at the rental and upon the terms herein specified and shall continue to be such tenant until the tenancy shall be terminated by City on thirty (30) days’ notice or until Tenant shall have given at least thirty (30) days’ notice of Tenant's intention to terminate the tenancy. The provisions of this Lease, so far as applicable, shall govern such tenancy, except that the monthly rent for such tenancy shall be the same as the last full month's rental rate.
25. Abandonment.
Tenant shall not vacate or abandon the Premises at any time during the term thereof; if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and at the option of City shall become City's property free from all claims of Tenant. In the event Tenant abandons the Premises City shall have the option to terminate this Lease by giving Tenant notice of belief of abandonment pursuant to California Civil Code Section 195 1.3 or City has the remedy described in California Civil Code Section 1951.4, i.e., City may continue the Lease after breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject to reasonable limitations as provided in paragraph 25.
26. Assignment or Subletting.
Tenant shall not assign or encumber any interest in this Lease or in the Leased Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without City's written consent, and consent to one assignment or sublease shall not be construed as consent to any subsequent assignment or subleasing.
If Tenant is a corporation or partnership, any dissolution, merger, consolidation or other reorganization of Tenant or the sale or transfer of controlling percentage of the capital stock of Tenant or the sale of twenty five percent (25%) of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing at least twenty five percent (25%) of the total combined voting power of all classes of Tenant's capital stock issued outstanding and entitled to vote for the election of directors. City shall not unreasonably withhold consent, but City may nevertheless condition consent upon such factors as the identity, reputation, financial worth and stability and operating ability of any proposed assignee or subtenant. Unless prior written consent of City shall have been obtained, any transfer, or attempted assignment or transfer, of this Lease or any interest therein, or any subletting, either by voluntary or involuntary act of Tenant or by operation of law or otherwise, shall at the option of the City terminate this Lease, and any such purported assignment, transfer or subletting without such consent shall be null and void.
Assignment.
1. Tenant shall not have the right to assign this Lease, except by Leasehold mortgage, without the written consent of City, which shall not be unreasonably withheld.
If Tenant desires to assign the Lease, Tenant shall comply with the following procedures:
(a) Tenant shall give City at least sixty (60) days prior written notice of its desire to assign the Lease.
(b) Tenant shall simultaneously provide City with the assignee's name, business organization, financial statement, and other documentation as may be requested by City.
(c) Tenant shall provide City with a true copy of the proposed assignment and the proposed assignee shall, in recordable form, expressly assume all the covenants and
conditions of this Lease.
(d) Tenant shall provide City with copies of any financial agreements, schedule of payments, mortgage or encumbrance on the Leasehold estate. (e) Tenant shall pay City at the time the request to assign is submitted, a deposit of Five Thousand Dollars ($5,000.00) to offset City's expenses, including attorney's fee, in evaluating and documenting the assignment. City shall charge said deposit at the then current hourly rate for staff time charged to the Airport. Any balance of said deposit shall be refunded to Tenant, and any excess amount charged, excluding said deposit, shall be paid by Tenant.
(2) City and Tenant hereby deem it reasonable for the City to refuse to consent to a proposed assignment in the following circumstances:
(a) City may object to any proposed assignment if, in the City's sole opinion, the proposed assignee is not a qualified assignee in terms of financial strength, business experience or reputation or the ability to operate the fixed base operation and provide the required services in a manner consistent with the purposes for which this Lease was granted.
(b) City may object on any other reasonable grounds.
The effective date of the assignment shall not occur until sixty (60) days after the Tenant's notice of the proposed assignment unless, within that time, City gives notice of a valid objection or refusal of consent as set forth in subsection A. (3) hereof. If City gives notice of a valid objection and withholds consent, the Lease will not be assigned.
Subletting.
It is understood and agreed that, from time to time, Tenant may request City's permission to sublet portions of the Premises and City shall not unreasonably withhold consent, provided:
(1) Each sublease made shall be subject and subordinate to the right of the City and the provisions of each sublease shall conform to the provisions of this Lease as far as practicable.
(2) The sublease does not affect an assignment of the Lease as prohibited elsewhere.
(3) Tenant includes the following information with its request to sublease, the name, address, a true copy of the proposed sublease, and appropriate documentation as evidence the subtenant is qualified to conduct business on the Airport and such subtenant will provide the type of development and services required under the provisions of this Lease.
(4) Subtenant provides insurance coverage(s) as appropriate, in accordance with Lease provision(s), INSURANCE, the same as if the subtenant were a lessee.
If Tenant is in the default of monetary obligations to City pursuant to this Lease, Tenant immediately and irrevocably assigns to City, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Leased Premises as permitted by this Lease, and City, as assignee and as attorney- in-fact for Tenant, or a
receiver for Tenant appointed on City's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. It is understood and agreed by the parties hereto that the above assignment provisions do not apply to heirs by will.
27. LANDLORD’S RECAPTURE RIGHT.
RIGHT OF RECAPTURE
Despite any other provision of this Lease, Tenant shall notify Landlord in writing (Availability Notice) if Tenant wishes to transfer the Premises or any portion thereof (Subject Space). If Tenant does not give Landlord the Availability Notice before delivering a Transfer Notice, the Transfer Notice shall also be the Availability Notice.
Landlord has the option, by written notice to Tenant (Recapture Notice) within thirty (30) days after receiving any Availability Notice, to recapture the Subject Space as described in the next section. A timely Recapture Notice terminates this Lease as to the Subject Space and Tenant’s obligations regarding the remaining term of this Lease (or, at Landlord’s election, for a shorter period specified in the Availability Notice as the term of the Transfer) and as of the date specified in the Availability Notice. The Recapture Notice shall be void, however, if Tenant notifies Landlord, within thirty (30) days after receipt of the Recapture Notice, that Tenant withdraws the Availability Notice or Transfer Notice. If Landlord declines or fails timely to elect to recapture the Subject Space, Landlord shall have no further right under this section to the Subject Space unless it becomes available again after Transfer by Tenant.
CONSEQUENCES OF RECAPTURE.
To determine the new Base Rent under this Lease if Landlord recaptures the Subject Space, the original Base Rent under the Lease shall be multiplied by a fraction, the numerator of which is the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture and the denominator of which is the total Rentable Square Feet of the Premises before Landlord’s recapture. The Additional Rent, to the extent that it is calculated on the basis of the Rentable Square Feet within the Premises, shall be reduced to reflect Tenant’s proportionate share based on the Rentable Square Feet of the Premises retained by Tenant after Landlord’s recapture. This Lease as so amended shall continue thereafter in full force and effect for the remaining Premises only. Either party may require written confirmation of the amendments to this Lease necessitated by Landlord’s recapture of the Subject Space. If Landlord recaptures the Subject Space, Landlord shall, at Landlord’s sole expense, construct any partitions required to segregate the Subject Space from the space retained by Tenant. Tenant shall, however, pay for painting, covering, or otherwise decorating the surfaces of the partitions facing the remaining Premises retained by Tenant.
If Landlord recaptures the Subject Space, Landlord shall pay Tenant ten percent (10%) of any Transfer Premium received by Landlord.
28. Signs, Posters, Buildings and Towers.
No advertising signs, posters or similar devices shall be erected, displayed or
maintained in, on, about or above the Premises or the structures thereon without a sign permit and the written approval of the Airport Manager.
No structures erected on the Premises shall exceed the height limit fixed by any City zoning ordinance or regulations of the Airport or Federal Aviation Authority. Tenant in its operations shall not unreasonably interfere with the property, interests, operations or activities of the City or of other tenants of the City.
29. Taxes.
Tenant will pay all fees, taxes, assessments and licenses levied, imposed or required by any governmental subdivision, body or authority on or in respect to any improvements or property placed on the Premises by Tenant or any person with its permission
The use, occupancy or possessory rights of Tenant in the Premises (a) Any business, activity or transaction conducted thereon by Tenant; (b) City license and permits; and
(c) Commercial Operator Permit fee.
30. Waiver of Damages and Indemnification.
City shall not be liable to Tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, except as results from acts of the sole negligence on the part of City, its agents, servants, employees or invitees. Without limiting the generality of the foregoing waiver, it is expressly extended to injury or damage caused by water leakage of any character from the roof(s), wall(s), basement or any part of the property, or caused by gas, oil, electricity or any other cause in or about the Premises or the building(s). Tenant agrees to hold City harmless from, and to defend City against, any and all claims or liability for any death of for injury to any person or damage to any property, whatsoever, occurring in, on or about the Premises.
31. Payment of Rent and Services.
Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the address provided in Section 40.
32. Security Deposit.
On execution of this Lease, Tenant shall deposit the sum of One Thousand Six Hundred Forty-three dollars and fifty cents ($1,643.50) representing one (1) month’s rent in cash as security for the faithful performance of the terms, covenants and conditions of this Lease.
If Tenant is in default, City can use the security deposit or any portion of it, to cure the default or to compensate City for all damages or loss sustained by City resulting from Tenant's default if the notice requirements, if applicable, have been observed.
Tenant shall immediately, on demand, pay to City a sum equal to the portion of the
security deposit expended or applied by City as provided in this paragraph so as to maintain the security deposit in the sum initially deposited. Upon final accounting by City, any balance of said deposit shall be refunded to Tenant.
33. Hold Harmless.
(a) Tenant shall save, protect, indemnify, and hold harmless City, its elective and appointive boards, commissions, officers, agents, and employees from any and all claims, cost or liability of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed pursuant to this Lease, or any omission to perform, including, but not limited to, claims, costs or liability resulting from: (I) The conduct, negligent or otherwise, of Tenant, its subtenant(s), assignee(s), or any officer(s), agent(s) or employee(s) of one or more of them; (2) The joint conduct of the City and Tenant, regardless of whether the City is concurrently, active or passively negligent or not negligent at all; or (3) The sole concurrent conduct of any other person or entity.
The above promise and agreement in this section is not conditioned or dependent on whether Tenant or City has prepared, supplied or approved any plan(s) or specification(s) in connection with this Lease, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of City.
(b) Non-Liability of City for Damages. This Lease is made upon the express condition that City is to be free from all liability and claim for damages by reason of any injury to any person or persons including, Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any extension hereof or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless City from all liability, loss, cost, attorney’s fees, and obligations on account of or arising out of any such injuries or losses however occurring.
34. Breach.
After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant (a) The appointment a general assignment by Tenant for the benefit of creditors, or of a Receiver to take possession of all or substantially all of the assets of Tenant, or
(b) Period of twenty (20) days, or
(c) A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days
35. Insurance.
(a) During the rental term, Tenant, at Tenant's sole expense, shall secure and
maintain in force such policies of insurance as will protect it from claims for damages or injury resulting from bodily injury, including death, and for the loss or damage to property of others which may arise from operations of this Lease. Such insurance shall contain statements that:
(b) these policies shall also apply to City, as an Additional Named Insured; (ii) the insurance afforded by these policies applies severally as to each insured, except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability, and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included; (iii) the insurance shall be primary insurance over any other insurance carried by City, which other insurance shall be considered excess only; (iv) the above policies specifically include coverage indemnifying City as set forth in this Lease; (v) the policies may not be canceled, nor the coverage reduced until thirty (30) days after a written notice of such cancellation or reduction in coverage is delivered to City at the address contained herein; (vi) the insurance companies named herein waive any all rights of subrogation against City. Such liability insurance shall be written with limits of at least Two Million Dollars ($2,000,000.00), combined single limits, and shall be written by companies acceptable to the City. The limit of liability insurance coverage shall be adjusted commensurate with inflation and other liability factors upon adoption of resolution of the City Council of City. Certificates of Insurance evidencing the above obligations shall be delivered to City on prior commencement of operations covered by this agreement.
(b) City, at Tenant's cost, shall cooperate fully with Tenant to maximize any recovery following an insured casualty. All policies of fire and extended coverage or other casualty insurance required by subparagraphs (e) and (g) below shall provide that proceeds thereunder shall be paid to City and Tenant as their interests may appear. (c) All policies required to be maintained by Tenant pursuant to the terms of this Lease shall be issued by companies authorized to do business in the State of California with a financial rating of at least "A" in the most recent edition of Best Insurance Reports. Tenant shall pay premiums therefore and shall deliver annually to City Certificates of Insurance that such policies are in effect. If Tenant fails or refuses to procure or maintain the insurance coverage required hereunder, or fails or refuses to furnish City with proof that coverage has been procured and is in full force and paid for, City shall have the right, at City's election and without notice to Tenant, but without any obligation to do so, to procure and maintain such coverage. Tenant shall reimburse City on demand for any premiums City so pays in connection with such procurement. (d) Fire Insurance: During the Lease Term, Tenant, at Tenant's sole expense, shall insure for fire and extended coverage risks all buildings, personal property, improvements, and alterations in, on, or about the Leased Premises. Such insurance shall be in an amount not less than eighty percent (80%) of insurable, full replacement cost of such buildings and improvements, and shall include vandalism and malicious mischief endorsements. Said fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. The CITY OF WATSONVILLE shall be named as additional insured in such policy or policies.
(e) Fire or Casualty:
(1) Destruction of Tenant Owned Building. In the event of extensive damage (greater than fifty percent (50%)) to or destruction of buildings or other improvements on the Leased Premises owned by Tenant as provided in Section 11 of this Lease ("Tenant Improvements"), Tenant shall determine whether to repair or replace the Tenant Improvements. If it is determined to repair or replace the Tenant Improvements, the proceeds of any insurance policy paid on account of such damage or destruction shall be used to defer the cost of repairing or replacing the Tenant Improvements.
Tenant shall complete all repairs within a reasonable time. If it is determined not to repair or replace the Tenant Improvements, Tenant may terminate this Lease upon written notice to the City within thirty (30) days of such damage or destruction. If Tenant terminates this Lease pursuant hereto, after deducting any proceeds payable to Tenant's lender pursuant to the following paragraph, the remaining proceeds of any insurance policy paid on account of such damage or destruction shall be distributed to City and Tenant pursuant to the following formula: City's share shall be the product of the amount of the remaining proceeds multiplied by a fraction, the numerator which is the number of months since the commencement date of this Lease until the date of the casualty causing such damage or destruction, and the denominator of which is four hundred and twenty (420). Tenant's share shall be the excess of the remaining proceeds after subtracting the City's share. In the event of termination of the Lease pursuant to this Section 33 (e) (l), Tenant shall remove the Tenant Improvements and restore the City owned building to its prior condition at Tenant's sole cost and expense prior to the date of termination of the Lease.
All fire and extended coverage insurance policies insuring the Tenant Improvements may have a loss payable clause in favor of any lender of Tenant, including, but not limited to, any mortgagee of Tenant, as such lender's interest may appear.
(2) Destruction of City Owned Premises. If during the term of this Lease the City owned Premises, as provided in Section 11 of this Lease, shall be damaged or destroyed to the extent of fifty percent (50%) of its valuation or at a repair cost estimated by the City Building Official to exceed the sum of Twenty Five Thousand Dollars ($25,000.00) by fire, the elements, or any other cause, then this Lease shall, at City's option, cease and become null and void from the date of such damage, or destruction, and Tenant shall immediately surrender the entire Premises to City and shall pay rent only to the time of such surrender.
If the City owned Premises shall be damaged by fire, or other cause, so as to be capable of being repaired within a reasonable time, City shall have the option to repair the same and during the time that the repairs are being made, City shall remit to Tenant a just and fair portion of the rent according to the nature of the damage sustained and according to the extent that Tenant is deprived of the use of the City owned Premises.
Should the estimated time to repair damage exceed one hundred twenty (120) days, the Tenant may, at his option, terminate this Lease. In such event both parties shall be released from further obligations under the terms of this Lease. (f) Workers' Compensation: Tenant, at Tenant's sole expense, must obtain and maintain workers' compensation insurance covering all its employees, and said insurance must be kept in force during the entire term of this Lease. (g) Notice: Each party hereto shall give to the other prompt and timely notice of any claim made or suit instituted coming to its knowledge which in any way directly, contingently or otherwise, affects or might affect either, and both shall have the right to participate in the defense of the same to the extent of its own interest.
36. Litigation Expenses.
If either party shall bring an action against the other by reason of the breach of any covenant, warranty or condition hereof, or otherwise arising out of this Lease, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorney fees, which shall be payable whether or not such action is prosecuted to judgment. "Prevailing Party" within the meaning of this paragraph shall include without limitation a party who brings an action against the other after the other's breach or default, if such action is dismissed upon the other's breach or default, if such action is dismissed upon the other's payment of the sums allegedly due or performance of the covenant's allegedly breached, or if the plaintiff obtains substantially the relief sought by it in the action.
37. Surrender of Premises.
Tenant agrees to surrender the Premises and any addition thereto at the termination of the tenancy herein created in the same condition as the Premises were in at the beginning of the tenancy or at the time of completion of the improvements as the case may be, reasonable use and wear thereof and damage by act of God or the elements excepted. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of City, terminate all or any existing subleases or sub tenancies, or may, at the option of City, operate an assignment to City of any or all such sublease or sub tenancies.
38. Waiver.
Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of condition hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party has or may have.
39. Quiet Enjoyment.
City covenants and warrants that upon Tenant's paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant's part to be observed and performed hereunder, Tenant shall and may peaceably and quietly enjoy the Premises hereby demised, subject nevertheless to the terms and conditions of this Lease.
40. Notices.
All notices, consents, waivers or other communications which this Lease requires or permits either party to give to the other shall be in writing and shall be served personally or delivered by registered or certified mail, return receipt requested, made upon or addressed to the respective parties as follows:
To Landlord: To Tenant:
City Clerk
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
President
KNOWLTON CONSTRUCTION, Inc.
240 Airport Boulevard
Watsonville, CA 95076
or such other address as may be contained in a notice from either party to the other given pursuant to this section. Notice of registered or certified mail shall be deemed to be given forty- eight (48) hours from the time of postmarking if mailed within the United States (excluding Alaska).
41. Recordation.
Neither party, without the consent of the other, shall cause or permit the original nor any copy of this Lease to be recorded, filed or published in any public place.
42. Tenant to Assume All Unknown Expenses.
Notwithstanding the existence of a provision therefore in this Lease, Tenant shall assume, pay and be obligated for any and all costs and expenses toward the operation, protection, maintenance of the Premises, known or unknown, expressed or unexpressed, it being the intention of the parties for this to be a triple net lease to City.
43. Right of City to Enter for Inspection.
City shall have the right to enter upon the Premises at all reasonable times during the term of this Lease for the purpose of making any inspection it may deem expedient to the proper enforcement of this Lease.
44. Nondiscrimination
Tenant hereby covenants that Tenant in its use of the Premises and any and all structures, buildings and improvements located here on shall conduct the fixed base operation or any other activity hereafter authorized by the City on the Premises on a nonexclusive and non-discriminatory basis in all respects with regard to any person, firm or
group of persons. Tenant shall not act in any manner prohibited by Part 15 of the Federal Aviation Regulations and further agrees to be nondiscriminatory also with respect to price or cost of services or goods and in every other fashion.
45. Enforcement of Nondiscrimination Clause.
City shall have the right to take such action against the Tenant as the United States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the City itself.
46. Other Operations.
It is understood that the use authorized at the Watsonville Municipal Airport by this Lease is not given to Tenant exclusively but may be given to any other Tenant at the Airport at the sole discretion of the City.
47. Condemnation.
If the whole or any substantial part of the Premises shall be taken by any paramount public authority under the power of eminent domain then the term of this Lease shall cease as to the part so taken from the date the possession of that part shall be taken for any public purpose, and from that day Tenant shall have the right either to cancel this Lease or to continue in the possession of the remainder of the Premises under the term herein provided, except that the square foot rental shall be reduced in proportion to the amount of the Premises taken. Damages awarded for such taking shall be apportioned between the City and Tenant in a ratio relating to the number of years expired and remaining in the Lease Term between City and Tenant respectively; provided, however, that City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Tenant.
48. Nondiscrimination- (FAA, MBE, DB Requirements).
The Tenant, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for this Lease, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
The Tenant for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that the Tenant shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.
Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
Tenant shall insert the provisions of this section in any lease agreement or contract by which Tenant grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.
49. Remedy for Discrimination.
In the event of breach of any of the nondiscrimination covenants identified in Paragraph 48, City shall have the right to terminate this Lease and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Lease had never been made or issued. The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
Non-compliance with paragraph 51 shall constitute a material breach thereof and in the event of such non-compliance City shall have the right to terminate this Lease and the estate hereby created without liability therefore or at the election of the City or the United States either or both Governments shall have the right to judicially enforce paragraph 48.
50. Affirmative Action.
Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. Tenant assures that it will require that its covered by such subpart. Tenant assures that it will require that its covered suborganizations provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.
51. Subordination to Future FAA Agreements.
This Lease shall subordinate to the provisions and requirements of any existing or
future agreement between the City and the United States, relative to the development, operation or maintenance of the Airport.
52. Notice to Federal Aviation Administration.
Tenant shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event of future construction of a building planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.
53. Proprietary and Governmental Roles; Actions by City.
Except where clearly and expressly provided otherwise in this Lease, the capacity of the City of Watsonville (“City”) in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Tenant understands that the City may grant or deny such request in its sole discretion, and may impose such terms and conditions as it deems consistent with that discretion and applicable law.
54. Non-Exclusive Right.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
55. Terms.
All the provisions of this Lease shall be deemed and construed to be "covenants" as though the words imported such covenants were used in each separate paragraph hereof, except when expressed as conditions.
56. Governing Law.
This Lease shall be construed and enforced in accordance with the laws of the State of California.
57. Binding Effect.
This Lease and the covenants and agreements herein contained shall bind and inure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.
58. Time is of the Essence.
Time is of the essence regarding this Lease.
59. Consent.
Whenever consent or approval of either party is required, that part shall not unreasonably withhold such consent or approval.
60. Corporate Status.
If either party is a corporation, that party shall deliver to the other party on execution of this Lease, a certified copy of a resolution of its governing body authorizing the execution of this Lease and naming the officers that are authorized to execute this Lease on behalf of the corporation.
61. Brokers.
Each party represents that it has not had dealings with any real estate broker, finder, or other party, with respect to this Lease in any manner. Each party shall hold harmless the other party from all damages resulting from any claims that may be asserted against the other party by any broker, finder, or other person, with whom the other party has or purportedly has dealt.
62. Exhibits.
All exhibits referred to are attached to this Lease and incorporated by reference.
63. Entire Agreement.
This Lease contains the entire agreement of the parties, and by signing this Lease they agree that there is no other written or oral agreement, promise, or representation between them respecting the Premises. This Lease shall bind and inure to the benefit and advantage of the assigns of City, and of the heirs, executors, administrators, and when permitted hereunder the assigns of Tenant.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written.
“City” "Tenant"
CITY OF WATSONVILLE, BILL KNOWLTON
210 Airport
12/8/2022 4:33:38 PM
C:\Program Files\eSCRIBE\TEMP\16333550498\16333550498,,,Report - Half-time to Full-time Library Clerk .docx Agenda Report
MEETING DATE: Meeting Date
TO: City Council
FROM: LIBRARY DIRECTOR MARTINEZ
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION AUTHORIZING CITY COUNCIL TO APPROVE AN EXISTING ONE (1) .5 LIBRARY CLERK POSITION TO BE
CONVERTED TO ONE (1) FULL-TIME LIBRARY CLERK
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution (1) authorizing the following library position and (2) approving the funds to support this position from the Library’s Fund [150]:
One (1) .5 (20-hour Library Clerk to one (1) Full-time (40-hour) Library Clerk at the existing salary range $3,345.77 to $4,483.64; $19.30 to $25.87.
BACKGROUND:
The Watsonville Public Library (WPL) has recently experienced staffing challenges or changes; several employees have retired or resigned. WPL currently operates two facilities; the Main Library and the Freedom Branch. Hours of operation for the Main Library (Monday thru Thursday 10am to 8:00pm and Fridays 10:00am to 6:00pm) and the Freedom Branch (Tuesday thru Friday 10:00 to 6:00pm and Saturdays 12:00pm to 4:00pm). Total open hours for both libraries is 84 hours per week.
After evaluating what steps could be taken to address the staffing challenges, the recommended change proposed will help address staffing the service desks during hours of operation and ensure that the department can continue to retain and attract qualified employees.
DISCUSSION:
The Library’s regular personnel authorized allocations have decreased as of Fiscal Years 2019-20 through 2022-23. These staffing changes have occurred through retirements, resignations, elimination and re-allocation of staff and funds to other departments (IT Analyst to IT Department).
12/8/2022 4:33:38 PM
C:\Program Files\eSCRIBE\TEMP\16333550498\16333550498,,,Report - Half-time to Full-time Library Clerk .docx FY 19-20 FY 20-21 FY 21-22 FY 22-23
27.35 FTE 23.25 FTE 22 FTE 21.75 FTE
In order to continue to maintain staffing levels and ensure safety protocols at both facilities service desks (5 employees at Main and 2 employees at Freedom) during hours of operation; the Library has opted when possible to convert .5 (20-hour) employees to full-time (40-hour) employees. This proposed change would increase the Library’s regular personnel allocations to 22.25 FTE.
The Library currently has one (1) vacant .5 (20-hour) Library Clerk and proposes to convert this position to one (1) Full-time (40-hour) Library Clerk. The proposed staffing change would allow for the employee to work at both library locations and assist with programming and outreach services.
STRATEGIC PLAN:
This proposed change supports Strategic Plan Priorities:
Goal 5.F Community Engagement & Well-Being
Goal 7 Efficient and High Performing Government.
FINANCIAL IMPACT:
Library services are funded by a voter-approved quarter-cent sales tax for libraries (Measure R, approximately $4M) and the General Fund ($548,686) per year. The vacant .5 (20-hour) Library Clerk is currently budgeted in the Library’s Fund [150].
The annual cost for one (1) .5 (20-hour) Library clerk including benefits is approximately $43,097 and the annual cost for one (1) Full-time (40-hour) Library Clerk including benefits is approximately $61,633. The difference is an increase of $18,536. The Library’s Fund [150] has sufficient funds to cover the difference due to an increase in sales tax revenues.
ALTERNATIVE ACTION:
The City Council may elect not to approve the recommendation. While this is certainly an option, it is not recommended because the proposed change will address staffing challenges and allow the department to grow and retain qualified candidates.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING AND APPROVING ONE (1) .5 HALFTIME LIBRARY CLERK POSITION TO BE CONVERTED TO ONE (1)
FULL-TIME LIBRARY CLERK POSITION AT THE ESTABLISHED
SALARY RANGE OF $19.30 - $25.87 PER HOUR
WHEREAS, the Watsonville Public Library currently has budgeted one (1) .5 halftime (20-hour) Library Clerk position and recommends that this position be converted to one (1) full-time (40-hour) Library Clerk position; and WHEREAS, the Library has the necessary funds to support the cost difference in the Library’s Fund [0150].
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving one (1) .5 half-time (20-hour) Library Clerk position to be converted to one (1) full-time Library Clerk position 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.
2. That City Council hereby approves the Library’s regular personnel allocations from 21.75 FTE to 22.25 FTE.
3. That City Council hereby approves the proposed one (1) full-time (40-hour) Library Clerk position at the established salary range of $19.30 - $25.87 per hour. ********************************
1 Reso No. (CM)
Meeting Date: 121322
ri 12/8/2022 5:57:08 PM
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
DECLARING CANVASS OF GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, the Council of the City of Watsonville, by Resolution No. 132-22 (CM), called a General Municipal Election to be held in the City on November 8, 2022, as required by law, for the object and purpose of electing the following municipal officers of the City of Watsonville:
COUNCIL MEMBERS
Districts 3, 4, 5, and 7 - Four (4) year terms
WHEREAS, the General Municipal Election was held on Tuesday, November 8, 2022, in accordance with law; and
WHEREAS, the votes then were received and canvassed and the returns were ascertained, and determined; and
WHEREAS, the County Clerk has duly filed with this Council a certification of the result of the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the County Clerk's Certification of the Votes Cast, marked Exhibit “A,” attached hereto and incorporated herein by reference, and on file with the City Clerk, be, and the same is hereby entered upon the minutes of this Council as a statement of the results of the General Municipal Election.
2 Reso No. (CM)
Meeting Date: 121322
ri 12/8/2022 5:57:08 PM
2. That the whole number of votes cast in the City of Watsonville at the General Municipal Election were 8,982 votes.
3. That the list of candidates nominated for Districts 3, 4, 5, and 7 for offices of Council Members for the terms of four (4) years to be filled at the General Municipal Election and the names of the candidates which were set forth in the petitions assembled and filed with the City Clerk as required by law and the number of votes cast in favor of each candidate were as follows:
LIST OF NAMES OF CANDIDATES
BY DISTRICT
NUMBER OF VOTES FOR
CANDIDATES
DISTRICT NO. 3
Maria Orozco 1,143
DISTRICT NO. 4
Kristal Salcido 1,102
DISTRICT NO. 5
Casey Clark 730
DISTRICT NO. 7
Ari Parker 1,140
Nancy Bilicich 951
4. That the number of votes cast in each precinct in favor of the full-term candidates is set forth in the County Clerk's Certification of the Votes Cast.
5. That the four (4) candidates receiving the highest number of votes in each district for the four (4) offices of Council Members, were as follows:
3 Reso No. (CM)
Meeting Date: 121322
ri 12/8/2022 5:57:08 PM
LIST OF NAMES OF CANDIDATES
BY DISTRICT
NUMBER OF VOTES FOR
CANDIDATES
DISTRICT NO. 3 (Four year term)
Maria Orozco 1,143
DISTRICT NO. 4 (Four year term)
Kristal Salcido 1,102
DISTRICT NO. 5 (Four year term)
Casey Clark 730
DISTRICT NO. 7 (Four year term)
Ari Parker 1,140
and they were thereby elected Council Members, and shall hold office for four (4) years from and after the second Tuesday following their election and continuing until their respective successors qualify; and that the City Clerk is hereby authorized to sign and deliver to Maria Orozco, Kristal Salcedo, Casey Clark, and Ari Parker, a Certificate of Election, and to administer to each of the persons the Oath of Office prescribed in the Constitution of the State of California.
********************************
Statement of Vote
November 8, 2022 Statewide General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.us
Exhibit "A"
Certification of County Clerk of the Results of the Canvass of the November 8, 2022, Statewide General Election
I, Tricia Webber, County Clerk of the County of Santa Cruz, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et. seq., I did canvass the results for the votes cast in the Statewide Direct Primary Election held in Santa Cruz County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast to which this certificate is attached, is true and correct.
I hereby set my hand and official seal this 6th day of December 2022 at the County of Santa Cruz.
_______________________
Tricia Webber
Santa Cruz County Clerk
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MARIA
OROZCO
Write In
23310 In Person 3563 111 3.12 % 89 5
23310 Vote by Mail 3563 1265 35.50 % 1054 57
23310 Total 3563 1376 38.62 % 1143 62
Electionwide In Person 3563 111 3.12 % 89 5
Electionwide Vote by Mail 3563 1265 35.50 % 1054 57
Electionwide Total 3563 1376 38.62 % 1143 62
Total - In Person 3563 111 3.12 % 89 5
Total - Vote by Mail 3563 1265 35.50 % 1054 57
Contest Total 3563 1376 38.62 % 1143 62
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 177 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 4
1 1
Registered
Voters
Voters Cast
Turnout (%)
SALCIDO
KRISTAL
Write In
23411 In Person 0 1
23411 Vote by Mail 0 0
23411 Total 0 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
43410 In Person 3376 114 3.38 % 88 4
43410 Vote by Mail 3376 1254 37.14 % 1014 41
43410 Total 3376 1368 40.52 % 1102 45
Electionwide In Person 3377 115 3.41 % 88 4
Electionwide Vote by Mail 3377 1254 37.13 % 1014 41
Electionwide Total 3377 1369 40.54 % 1102 45
Total - In Person 3377 115 3.41 % 88 4
Total - Vote by Mail 3377 1254 37.13 % 1014 41
Contest Total 3377 1369 40.54 % 1102 45
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 178 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 5
1 1
Registered
Voters
Voters Cast
Turnout (%)
CASEY K.
CLARK
Write In
43501 In Person 1092 42 3.85 % 26 4
43501 Vote by Mail 1092 395 36.17 % 293 29
43501 Total 1092 437 40.02 % 319 33
43510 In Person 1676 56 3.34 % 35 5
43510 Vote by Mail 1676 507 30.25 % 376 30
43510 Total 1676 563 33.59 % 411 35
Electionwide In Person 2768 98 3.54 % 61 9
Electionwide Vote by Mail 2768 902 32.59 % 669 59
Electionwide Total 2768 1000 36.13 % 730 68
Total - In Person 2768 98 3.54 % 61 9
Total - Vote by Mail 2768 902 32.59 % 669 59
Contest Total 2768 1000 36.13 % 730 68
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 179 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville Councilmember -
Dist 7
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
NANCY A.
BILICICH
ARI
PARKER
Write In
43710 In Person 4157 150 3.61 % 69 68 3
43710 Vote by Mail 4157 2069 49.77 % 882 1072 23
43710 Total 4157 2219 53.38 % 951 1140 26
Electionwide In Person 4157 150 3.61 % 69 68 3
Electionwide Vote by Mail 4157 2069 49.77 % 882 1072 23 Electionwide Total 4157 2219 53.38 % 951 1140 26
Total - In Person 4157 150 3.61 % 69 68 3
Total - Vote by Mail 4157 2069 49.77 % 882 1072 23
Contest Total 4157 2219 53.38 % 951 1140 26
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 180 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
23190 In Person 0 0
23190 Vote by Mail 0 0
23190 Total 0 0
23310 In Person 3563 111 3.12 % 75 35 71 39 47 62
23310 Vote by Mail 3563 1265 35.50 % 827 381 803 423 651 559 23310 Total 3563 1376 38.62 % 902 416 874 462 698 621
23411 In Person 0 1 1 1
23411 Vote by Mail 0 0
23411 Total 0 1 1 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
23660 In Person 2 0 0.00 %
23660 Vote by Mail 2 0 0.00 %
23660 Total 2 0 0.00 %
43100 In Person 1529 59 3.86 % 47 9 46 11 34 22
43100 Vote by Mail 1529 391 25.57 % 283 87 273 104 195 178 43100 Total 1529 450 29.43 % 330 96 319 115 229 200
43145 In Person 822 44 5.35 % 18 21 24 16 29 12
43145 Vote by Mail 822 299 36.37 % 180 104 184 106 136 147 43145 Total 822 343 41.73 % 198 125 208 122 165 159
43210 In Person 2367 80 3.38 % 46 29 49 28 40 31
43210 Vote by Mail 2367 656 27.71 % 438 192 445 197 305 326 43210 Total 2367 736 31.09 % 484 221 494 225 345 357
43410 In Person 3376 114 3.38 % 74 33 67 42 46 62
43410 Vote by Mail 3376 1254 37.14 % 755 398 785 412 581 601 43410 Total 3376 1368 40.52 % 829 431 852 454 627 663
43501 In Person 1092 42 3.85 % 21 15 26 12 22 15
43501 Vote by Mail 1092 395 36.17 % 238 135 249 129 191 188 43501 Total 1092 437 40.02 % 259 150 275 141 213 203
43510 In Person 1676 56 3.34 % 31 19 39 14 25 25
43510 Vote by Mail 1676 507 30.25 % 310 167 320 168 264 219 43510 Total 1676 563 33.59 % 341 186 359 182 289 244
43610 In Person 1465 36 2.46 % 27 7 22 13 16 20
43610 Vote by Mail 1465 589 40.20 % 401 159 380 199 280 282 43610 Total 1465 625 42.66 % 428 166 402 212 296 302
43621 In Person 1965 71 3.61 % 43 24 33 34 29 40
43621 Vote by Mail 1965 772 39.29 % 490 248 474 277 367 378 43621 Total 1965 843 42.90 % 533 272 507 311 396 418
43670 In Person 86 4 4.65 % 1 3 2 1 1
43670 Vote by Mail 86 17 19.77 % 11 5 9 7 15 2
43670 Total 86 21 24.42 % 12 8 11 7 16 3
43710 In Person 4157 150 3.61 % 86 54 73 67 69 70
43710 Vote by Mail 4157 2069 49.77 % 1354 613 1206 785 943 1035 43710 Total 4157 2219 53.38 % 1440 667 1279 852 1012 1105 Electionwide In Person 22101 768 3.47 % 470 249 452 277 358 360 Electionwide Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Electionwide Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 244 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
Total - In Person 22101 768 3.47 % 470 249 452 277 358 360 Total - Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Contest Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 245 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE CONFIRMING AND APPROVING THE CANVASS OF
RETURNS AND RESULT OF GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 8, 2022, ON WHETHER TO AMEND THE
WATSONVILLE 2005 GENERAL PLAN TO IMPOSE CERTAIN
RESTRICTIONS ON SUBSEQUENT AMENDMENTS AS PROVIDED IN
THE WATSONVILLE PLANNED GROWTH AND FARMLAND
PROTECTION INITIATIVE (MEASURE Q)
WHEREAS, the Council of the City of Watsonville, by Resolution No. 49-22 (CM), called a General Municipal Election to be held in the City on November 8, 2022, as required by law, for the purpose of submitting to the qualified electors of the City a measure on whether to amend the Watsonville 2005 General Plan to impose certain restrictions on subsequent amendments as provided in the Watsonville Planned Growth and Farmland Protection Initiative; and
WHEREAS, the General Municipal Election was held on November 8, 2022, in accordance with law, and the votes received and canvassed and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the City Clerk of the City of Watsonville be and is hereby instructed to enter this Resolution on the minutes of this Council as a statement of the results of the General Municipal Election.
2. That the whole number of votes cast in the City at the General Election was 8,982 votes.
2 Reso No. (CM)
Meeting Date: 121322
3. That at the General Municipal Election the following measure was submitted to the electors of the City and the number of votes given in the City for and against the measure (including absentee votes) were as follows:
Measure No. Q:
Shall the City of Watsonville amend provisions of the Watsonville General Plan as provided in the Watsonville Planned Growth and Farmland Protection Initiative?
Yes 5,757 No 2,738
4. That the total number of votes cast in each precinct in favor of and against the measure is set forth in the County Clerk's Certification of the Votes Cast, marked Exhibit “A” and attached hereto and incorporated herein by reference.
5. That all absent voter ballots have been duly received and canvassed in the time, form and manner as required by law.
6. That a majority of all of the votes cast at the General Municipal Election on Measure Q, were in favor of said measure, and the measure passed. ********************************
Statement of Vote
November 8, 2022 Statewide General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.us
Exhibit "A"
Certification of County Clerk of the Results of the Canvass of the November 8, 2022, Statewide General Election
I, Tricia Webber, County Clerk of the County of Santa Cruz, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et. seq., I did canvass the results for the votes cast in the Statewide Direct Primary Election held in Santa Cruz County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast to which this certificate is attached, is true and correct.
I hereby set my hand and official seal this 6th day of December 2022 at the County of Santa Cruz.
_______________________
Tricia Webber
Santa Cruz County Clerk
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MARIA
OROZCO
Write In
23310 In Person 3563 111 3.12 % 89 5
23310 Vote by Mail 3563 1265 35.50 % 1054 57
23310 Total 3563 1376 38.62 % 1143 62
Electionwide In Person 3563 111 3.12 % 89 5
Electionwide Vote by Mail 3563 1265 35.50 % 1054 57
Electionwide Total 3563 1376 38.62 % 1143 62
Total - In Person 3563 111 3.12 % 89 5
Total - Vote by Mail 3563 1265 35.50 % 1054 57
Contest Total 3563 1376 38.62 % 1143 62
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 177 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 4
1 1
Registered
Voters
Voters Cast
Turnout (%)
SALCIDO
KRISTAL
Write In
23411 In Person 0 1
23411 Vote by Mail 0 0
23411 Total 0 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
43410 In Person 3376 114 3.38 % 88 4
43410 Vote by Mail 3376 1254 37.14 % 1014 41
43410 Total 3376 1368 40.52 % 1102 45
Electionwide In Person 3377 115 3.41 % 88 4
Electionwide Vote by Mail 3377 1254 37.13 % 1014 41
Electionwide Total 3377 1369 40.54 % 1102 45
Total - In Person 3377 115 3.41 % 88 4
Total - Vote by Mail 3377 1254 37.13 % 1014 41
Contest Total 3377 1369 40.54 % 1102 45
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 178 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 5
1 1
Registered
Voters
Voters Cast
Turnout (%)
CASEY K.
CLARK
Write In
43501 In Person 1092 42 3.85 % 26 4
43501 Vote by Mail 1092 395 36.17 % 293 29
43501 Total 1092 437 40.02 % 319 33
43510 In Person 1676 56 3.34 % 35 5
43510 Vote by Mail 1676 507 30.25 % 376 30
43510 Total 1676 563 33.59 % 411 35
Electionwide In Person 2768 98 3.54 % 61 9
Electionwide Vote by Mail 2768 902 32.59 % 669 59
Electionwide Total 2768 1000 36.13 % 730 68
Total - In Person 2768 98 3.54 % 61 9
Total - Vote by Mail 2768 902 32.59 % 669 59
Contest Total 2768 1000 36.13 % 730 68
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 179 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville Councilmember -
Dist 7
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
NANCY A.
BILICICH
ARI
PARKER
Write In
43710 In Person 4157 150 3.61 % 69 68 3
43710 Vote by Mail 4157 2069 49.77 % 882 1072 23
43710 Total 4157 2219 53.38 % 951 1140 26
Electionwide In Person 4157 150 3.61 % 69 68 3
Electionwide Vote by Mail 4157 2069 49.77 % 882 1072 23 Electionwide Total 4157 2219 53.38 % 951 1140 26
Total - In Person 4157 150 3.61 % 69 68 3
Total - Vote by Mail 4157 2069 49.77 % 882 1072 23
Contest Total 4157 2219 53.38 % 951 1140 26
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 180 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
23190 In Person 0 0
23190 Vote by Mail 0 0
23190 Total 0 0
23310 In Person 3563 111 3.12 % 75 35 71 39 47 62
23310 Vote by Mail 3563 1265 35.50 % 827 381 803 423 651 559 23310 Total 3563 1376 38.62 % 902 416 874 462 698 621
23411 In Person 0 1 1 1
23411 Vote by Mail 0 0
23411 Total 0 1 1 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
23660 In Person 2 0 0.00 %
23660 Vote by Mail 2 0 0.00 %
23660 Total 2 0 0.00 %
43100 In Person 1529 59 3.86 % 47 9 46 11 34 22
43100 Vote by Mail 1529 391 25.57 % 283 87 273 104 195 178 43100 Total 1529 450 29.43 % 330 96 319 115 229 200
43145 In Person 822 44 5.35 % 18 21 24 16 29 12
43145 Vote by Mail 822 299 36.37 % 180 104 184 106 136 147 43145 Total 822 343 41.73 % 198 125 208 122 165 159
43210 In Person 2367 80 3.38 % 46 29 49 28 40 31
43210 Vote by Mail 2367 656 27.71 % 438 192 445 197 305 326 43210 Total 2367 736 31.09 % 484 221 494 225 345 357
43410 In Person 3376 114 3.38 % 74 33 67 42 46 62
43410 Vote by Mail 3376 1254 37.14 % 755 398 785 412 581 601 43410 Total 3376 1368 40.52 % 829 431 852 454 627 663
43501 In Person 1092 42 3.85 % 21 15 26 12 22 15
43501 Vote by Mail 1092 395 36.17 % 238 135 249 129 191 188 43501 Total 1092 437 40.02 % 259 150 275 141 213 203
43510 In Person 1676 56 3.34 % 31 19 39 14 25 25
43510 Vote by Mail 1676 507 30.25 % 310 167 320 168 264 219 43510 Total 1676 563 33.59 % 341 186 359 182 289 244
43610 In Person 1465 36 2.46 % 27 7 22 13 16 20
43610 Vote by Mail 1465 589 40.20 % 401 159 380 199 280 282 43610 Total 1465 625 42.66 % 428 166 402 212 296 302
43621 In Person 1965 71 3.61 % 43 24 33 34 29 40
43621 Vote by Mail 1965 772 39.29 % 490 248 474 277 367 378 43621 Total 1965 843 42.90 % 533 272 507 311 396 418
43670 In Person 86 4 4.65 % 1 3 2 1 1
43670 Vote by Mail 86 17 19.77 % 11 5 9 7 15 2
43670 Total 86 21 24.42 % 12 8 11 7 16 3
43710 In Person 4157 150 3.61 % 86 54 73 67 69 70
43710 Vote by Mail 4157 2069 49.77 % 1354 613 1206 785 943 1035 43710 Total 4157 2219 53.38 % 1440 667 1279 852 1012 1105 Electionwide In Person 22101 768 3.47 % 470 249 452 277 358 360 Electionwide Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Electionwide Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 244 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
Total - In Person 22101 768 3.47 % 470 249 452 277 358 360 Total - Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Contest Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 245 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE CONFIRMING AND APPROVING THE CANVASS OF
RETURNS AND RESULT OF GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 8, 2022, TO SUBMIT TO THE VOTERS AN ORDINANCE
TO ESTABLISH A COMMUNITY INVESTMENT TRANSACTIONS AND
USE TAX (SALES TAX) AT THE RATE OF ONE HALF PERCENT (0.5%)
FOR GENERAL MUNICIPAL PURPOSES UNTIL ENDED BY VOTERS
(MEASURE R)
WHEREAS, the Council of the City of Watsonville, by Resolution No. 142-22 (CM), called a General Municipal Election to be held in the City on November 8, 2022, as required by law, for the purpose of submitting to the qualified electors of the City an Ordinance to establish a Community Investment Transactions and Use Tax (Sales Tax) at the rate of one half percent (0.5%) for general municipal purposes until ended by voters; and
WHEREAS, the General Municipal Election was held on November 8, 2022, in accordance with law, and the votes received and canvassed and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. 1. That the City Clerk of the City of Watsonville be and is hereby instructed to enter this Resolution on the minutes of this Council as a statement of the results of the General Municipal Election.
2. That the whole number of votes cast in the City at the General Election was 8,982 votes.
2 Reso No. (CM)
Meeting Date: 121322
3. That at the General Municipal Election the following measure was submitted to the electors of the City and the number of votes given in the City for and against the measure (including absentee votes) were as follows:
Measure No. R:
Community Investment Tax. To provide locally-controlled funding for Watsonville’s essential general services, including: after-school and anti-gang programs that keep kids safe; creating safe places to play; keeping parks/ Watsonville Slough trails safe and clean; repairing, expanding, improving parks/playgrounds; fixing potholes; maintaining streets; creating jobs; supporting local businesses, libraries, senior meal programs and general government use; shall the City of Watsonville measure be adopted levying one-half cent sales tax, until ended by voters, providing $5 million dollars annually, with community oversight?
Yes 5,580 No 3,084
4. That the total number of votes cast in each precinct in favor of and against the measure is set forth in the County Clerk's Certification of the Votes Cast, marked Exhibit “A” and attached hereto and incorporated herein by reference.
5. That all absent voter ballots have been duly received and canvassed in the time, form and manner as required by law.
6. That a majority of all of the votes cast at the General Municipal Election on Measure R, were in favor of said measure, and the measure passed. ********************************
Statement of Vote
November 8, 2022 Statewide General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.us
Exhibit "A"
Certification of County Clerk of the Results of the Canvass of the November 8, 2022, Statewide General Election
I, Tricia Webber, County Clerk of the County of Santa Cruz, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et. seq., I did canvass the results for the votes cast in the Statewide Direct Primary Election held in Santa Cruz County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast to which this certificate is attached, is true and correct.
I hereby set my hand and official seal this 6th day of December 2022 at the County of Santa Cruz.
_______________________
Tricia Webber
Santa Cruz County Clerk
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MARIA
OROZCO
Write In
23310 In Person 3563 111 3.12 % 89 5
23310 Vote by Mail 3563 1265 35.50 % 1054 57
23310 Total 3563 1376 38.62 % 1143 62
Electionwide In Person 3563 111 3.12 % 89 5
Electionwide Vote by Mail 3563 1265 35.50 % 1054 57
Electionwide Total 3563 1376 38.62 % 1143 62
Total - In Person 3563 111 3.12 % 89 5
Total - Vote by Mail 3563 1265 35.50 % 1054 57
Contest Total 3563 1376 38.62 % 1143 62
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 177 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 4
1 1
Registered
Voters
Voters Cast
Turnout (%)
SALCIDO
KRISTAL
Write In
23411 In Person 0 1
23411 Vote by Mail 0 0
23411 Total 0 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
43410 In Person 3376 114 3.38 % 88 4
43410 Vote by Mail 3376 1254 37.14 % 1014 41
43410 Total 3376 1368 40.52 % 1102 45
Electionwide In Person 3377 115 3.41 % 88 4
Electionwide Vote by Mail 3377 1254 37.13 % 1014 41
Electionwide Total 3377 1369 40.54 % 1102 45
Total - In Person 3377 115 3.41 % 88 4
Total - Vote by Mail 3377 1254 37.13 % 1014 41
Contest Total 3377 1369 40.54 % 1102 45
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 178 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 5
1 1
Registered
Voters
Voters Cast
Turnout (%)
CASEY K.
CLARK
Write In
43501 In Person 1092 42 3.85 % 26 4
43501 Vote by Mail 1092 395 36.17 % 293 29
43501 Total 1092 437 40.02 % 319 33
43510 In Person 1676 56 3.34 % 35 5
43510 Vote by Mail 1676 507 30.25 % 376 30
43510 Total 1676 563 33.59 % 411 35
Electionwide In Person 2768 98 3.54 % 61 9
Electionwide Vote by Mail 2768 902 32.59 % 669 59
Electionwide Total 2768 1000 36.13 % 730 68
Total - In Person 2768 98 3.54 % 61 9
Total - Vote by Mail 2768 902 32.59 % 669 59
Contest Total 2768 1000 36.13 % 730 68
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 179 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville Councilmember -
Dist 7
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
NANCY A.
BILICICH
ARI
PARKER
Write In
43710 In Person 4157 150 3.61 % 69 68 3
43710 Vote by Mail 4157 2069 49.77 % 882 1072 23
43710 Total 4157 2219 53.38 % 951 1140 26
Electionwide In Person 4157 150 3.61 % 69 68 3
Electionwide Vote by Mail 4157 2069 49.77 % 882 1072 23 Electionwide Total 4157 2219 53.38 % 951 1140 26
Total - In Person 4157 150 3.61 % 69 68 3
Total - Vote by Mail 4157 2069 49.77 % 882 1072 23
Contest Total 4157 2219 53.38 % 951 1140 26
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 180 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
23190 In Person 0 0
23190 Vote by Mail 0 0
23190 Total 0 0
23310 In Person 3563 111 3.12 % 75 35 71 39 47 62
23310 Vote by Mail 3563 1265 35.50 % 827 381 803 423 651 559 23310 Total 3563 1376 38.62 % 902 416 874 462 698 621
23411 In Person 0 1 1 1
23411 Vote by Mail 0 0
23411 Total 0 1 1 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
23660 In Person 2 0 0.00 %
23660 Vote by Mail 2 0 0.00 %
23660 Total 2 0 0.00 %
43100 In Person 1529 59 3.86 % 47 9 46 11 34 22
43100 Vote by Mail 1529 391 25.57 % 283 87 273 104 195 178 43100 Total 1529 450 29.43 % 330 96 319 115 229 200
43145 In Person 822 44 5.35 % 18 21 24 16 29 12
43145 Vote by Mail 822 299 36.37 % 180 104 184 106 136 147 43145 Total 822 343 41.73 % 198 125 208 122 165 159
43210 In Person 2367 80 3.38 % 46 29 49 28 40 31
43210 Vote by Mail 2367 656 27.71 % 438 192 445 197 305 326 43210 Total 2367 736 31.09 % 484 221 494 225 345 357
43410 In Person 3376 114 3.38 % 74 33 67 42 46 62
43410 Vote by Mail 3376 1254 37.14 % 755 398 785 412 581 601 43410 Total 3376 1368 40.52 % 829 431 852 454 627 663
43501 In Person 1092 42 3.85 % 21 15 26 12 22 15
43501 Vote by Mail 1092 395 36.17 % 238 135 249 129 191 188 43501 Total 1092 437 40.02 % 259 150 275 141 213 203
43510 In Person 1676 56 3.34 % 31 19 39 14 25 25
43510 Vote by Mail 1676 507 30.25 % 310 167 320 168 264 219 43510 Total 1676 563 33.59 % 341 186 359 182 289 244
43610 In Person 1465 36 2.46 % 27 7 22 13 16 20
43610 Vote by Mail 1465 589 40.20 % 401 159 380 199 280 282 43610 Total 1465 625 42.66 % 428 166 402 212 296 302
43621 In Person 1965 71 3.61 % 43 24 33 34 29 40
43621 Vote by Mail 1965 772 39.29 % 490 248 474 277 367 378 43621 Total 1965 843 42.90 % 533 272 507 311 396 418
43670 In Person 86 4 4.65 % 1 3 2 1 1
43670 Vote by Mail 86 17 19.77 % 11 5 9 7 15 2
43670 Total 86 21 24.42 % 12 8 11 7 16 3
43710 In Person 4157 150 3.61 % 86 54 73 67 69 70
43710 Vote by Mail 4157 2069 49.77 % 1354 613 1206 785 943 1035 43710 Total 4157 2219 53.38 % 1440 667 1279 852 1012 1105 Electionwide In Person 22101 768 3.47 % 470 249 452 277 358 360 Electionwide Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Electionwide Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 244 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
Total - In Person 22101 768 3.47 % 470 249 452 277 358 360 Total - Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Contest Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 245 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
CONFIRMING AND APPROVING THE CANVASS OF RETURNS AND
RESULT OF GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, EXTENDING THE URBAN LIMIT LINE (ULL) UNTIL 2040, BUT
ALLOWING THE CITY COUNCIL TO MOVE THE ULL TO INCLUDE
PROPERTIES IDENTIFIED DURING THE GENERAL PLAN UPDATE,
SUBJECT TO COMMUNITY INPUT AND ENVIRONMENTAL REVIEW
(MEASURE S)
WHEREAS, the Council of the City of Watsonville, by Resolution No. 143-22 (CM), called a General Municipal Election to be held in the City on November 8, 2022, as required by law, for the purpose of submitting to the qualified electors of the City a measure; and
WHEREAS, the General Municipal Election was held on November 8, 2022, in accordance with law, and the votes received and canvassed and the returns thereof ascertained, determined, and declared in all respects as required by law; and WHEREAS, Measure S was placed on the ballot as a counter measure to Measure Q. Both measures passed, but Measure Q received more votes. Therefore, Measure Q, and not Measure S will take effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the City Clerk of the City of Watsonville be and is hereby instructed to enter this Resolution on the minutes of this Council as a statement of the results of the General Municipal Election.
2. That the whole number of votes cast in the City at the General Election was 8,982 votes.
2 Reso No. (CM)
Meeting Date: 121322
3. That at the General Municipal Election the following measure was submitted to the electors of the City and the number of votes given in the City for and against the measure (including absentee votes) were as follows:
Measure No. S:
Shall the City of Watsonville maintain the restrictions on growth approved by the voters in 2002 until 2040, with the exception of any property identified by the City Council during the General Plan update, subject to community input, as being well suited for development that would create local jobs, parks, and safe spaces for kids to play, or housing for working families, seniors, and residents with disabilities? Yes 4,286 No 4,275
4. That the total number of votes cast in each precinct in favor of and against the measure is set forth in the County Clerk's Certification of the Votes Cast, marked Exhibit “A” and attached hereto and incorporated herein by reference.
5. That all absent voter ballots have been duly received and canvassed in the time, form and manner as required by law.
6. That a majority of all of the votes cast at the General Municipal Election on Measure S, were in favor of said measure, and the measure passed. *******************************************
Statement of Vote
November 8, 2022 Statewide General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.us
Exhibit "A"
Certification of County Clerk of the Results of the Canvass of the November 8, 2022, Statewide General Election
I, Tricia Webber, County Clerk of the County of Santa Cruz, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et. seq., I did canvass the results for the votes cast in the Statewide Direct Primary Election held in Santa Cruz County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast to which this certificate is attached, is true and correct.
I hereby set my hand and official seal this 6th day of December 2022 at the County of Santa Cruz.
_______________________
Tricia Webber
Santa Cruz County Clerk
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MARIA
OROZCO
Write In
23310 In Person 3563 111 3.12 % 89 5
23310 Vote by Mail 3563 1265 35.50 % 1054 57
23310 Total 3563 1376 38.62 % 1143 62
Electionwide In Person 3563 111 3.12 % 89 5
Electionwide Vote by Mail 3563 1265 35.50 % 1054 57
Electionwide Total 3563 1376 38.62 % 1143 62
Total - In Person 3563 111 3.12 % 89 5
Total - Vote by Mail 3563 1265 35.50 % 1054 57
Contest Total 3563 1376 38.62 % 1143 62
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 177 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 4
1 1
Registered
Voters
Voters Cast
Turnout (%)
SALCIDO
KRISTAL
Write In
23411 In Person 0 1
23411 Vote by Mail 0 0
23411 Total 0 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
43410 In Person 3376 114 3.38 % 88 4
43410 Vote by Mail 3376 1254 37.14 % 1014 41
43410 Total 3376 1368 40.52 % 1102 45
Electionwide In Person 3377 115 3.41 % 88 4
Electionwide Vote by Mail 3377 1254 37.13 % 1014 41
Electionwide Total 3377 1369 40.54 % 1102 45
Total - In Person 3377 115 3.41 % 88 4
Total - Vote by Mail 3377 1254 37.13 % 1014 41
Contest Total 3377 1369 40.54 % 1102 45
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 178 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville
Councilmember - Dist 5
1 1
Registered
Voters
Voters Cast
Turnout (%)
CASEY K.
CLARK
Write In
43501 In Person 1092 42 3.85 % 26 4
43501 Vote by Mail 1092 395 36.17 % 293 29
43501 Total 1092 437 40.02 % 319 33
43510 In Person 1676 56 3.34 % 35 5
43510 Vote by Mail 1676 507 30.25 % 376 30
43510 Total 1676 563 33.59 % 411 35
Electionwide In Person 2768 98 3.54 % 61 9
Electionwide Vote by Mail 2768 902 32.59 % 669 59
Electionwide Total 2768 1000 36.13 % 730 68
Total - In Person 2768 98 3.54 % 61 9
Total - Vote by Mail 2768 902 32.59 % 669 59
Contest Total 2768 1000 36.13 % 730 68
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 179 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 City of Watsonville Councilmember -
Dist 7
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
NANCY A.
BILICICH
ARI
PARKER
Write In
43710 In Person 4157 150 3.61 % 69 68 3
43710 Vote by Mail 4157 2069 49.77 % 882 1072 23
43710 Total 4157 2219 53.38 % 951 1140 26
Electionwide In Person 4157 150 3.61 % 69 68 3
Electionwide Vote by Mail 4157 2069 49.77 % 882 1072 23 Electionwide Total 4157 2219 53.38 % 951 1140 26
Total - In Person 4157 150 3.61 % 69 68 3
Total - Vote by Mail 4157 2069 49.77 % 882 1072 23
Contest Total 4157 2219 53.38 % 951 1140 26
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 180 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
23190 In Person 0 0
23190 Vote by Mail 0 0
23190 Total 0 0
23310 In Person 3563 111 3.12 % 75 35 71 39 47 62
23310 Vote by Mail 3563 1265 35.50 % 827 381 803 423 651 559 23310 Total 3563 1376 38.62 % 902 416 874 462 698 621
23411 In Person 0 1 1 1
23411 Vote by Mail 0 0
23411 Total 0 1 1 1
23492 In Person 1 0 0.00 %
23492 Vote by Mail 1 0 0.00 %
23492 Total 1 0 0.00 %
23660 In Person 2 0 0.00 %
23660 Vote by Mail 2 0 0.00 %
23660 Total 2 0 0.00 %
43100 In Person 1529 59 3.86 % 47 9 46 11 34 22
43100 Vote by Mail 1529 391 25.57 % 283 87 273 104 195 178 43100 Total 1529 450 29.43 % 330 96 319 115 229 200
43145 In Person 822 44 5.35 % 18 21 24 16 29 12
43145 Vote by Mail 822 299 36.37 % 180 104 184 106 136 147 43145 Total 822 343 41.73 % 198 125 208 122 165 159
43210 In Person 2367 80 3.38 % 46 29 49 28 40 31
43210 Vote by Mail 2367 656 27.71 % 438 192 445 197 305 326 43210 Total 2367 736 31.09 % 484 221 494 225 345 357
43410 In Person 3376 114 3.38 % 74 33 67 42 46 62
43410 Vote by Mail 3376 1254 37.14 % 755 398 785 412 581 601 43410 Total 3376 1368 40.52 % 829 431 852 454 627 663
43501 In Person 1092 42 3.85 % 21 15 26 12 22 15
43501 Vote by Mail 1092 395 36.17 % 238 135 249 129 191 188 43501 Total 1092 437 40.02 % 259 150 275 141 213 203
43510 In Person 1676 56 3.34 % 31 19 39 14 25 25
43510 Vote by Mail 1676 507 30.25 % 310 167 320 168 264 219 43510 Total 1676 563 33.59 % 341 186 359 182 289 244
43610 In Person 1465 36 2.46 % 27 7 22 13 16 20
43610 Vote by Mail 1465 589 40.20 % 401 159 380 199 280 282 43610 Total 1465 625 42.66 % 428 166 402 212 296 302
43621 In Person 1965 71 3.61 % 43 24 33 34 29 40
43621 Vote by Mail 1965 772 39.29 % 490 248 474 277 367 378 43621 Total 1965 843 42.90 % 533 272 507 311 396 418
43670 In Person 86 4 4.65 % 1 3 2 1 1
43670 Vote by Mail 86 17 19.77 % 11 5 9 7 15 2
43670 Total 86 21 24.42 % 12 8 11 7 16 3
43710 In Person 4157 150 3.61 % 86 54 73 67 69 70
43710 Vote by Mail 4157 2069 49.77 % 1354 613 1206 785 943 1035 43710 Total 4157 2219 53.38 % 1440 667 1279 852 1012 1105 Electionwide In Person 22101 768 3.47 % 470 249 452 277 358 360 Electionwide Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Electionwide Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 244 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Q - City Of Watsonville Planned Growth And Farmland Protection Initiative - Majority To Pass 2 R - City Of Watsonville Community Investment Tax - Majority To Pass 3 S - Planning For Watsonville's Future Measure - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
Total - In Person 22101 768 3.47 % 470 249 452 277 358 360 Total - Vote by Mail 22101 8214 37.17 % 5287 2489 5128 2807 3928 3915 Contest Total 22101 8982 40.64 % 5757 2738 5580 3084 4286 4275 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 245 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022
Exhibit "A"
1 Reso No. (CM)
Meeting Date: 121322
ri 12/8/2022 12:30:11 PM
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPOINTING ABEL SANCHEZ TO THE PÁJARO VALLEY WATER
MANAGEMENT AGENCY BOARD OF DIRECTORS
WHEREAS, Section 124-402 of the State Water Code-Appendix requires the City Council to appoint a member to the Board of Directors of the Pájaro Valley Water Management Agency for a term of two years; and
WHEREAS, the appointee serves at the pleasure of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That Abel Sanchez is hereby appointed to the Pájaro Valley Water Management Agency Board of Directors beginning December 13, 2022, and ending November 30, 2024, subject to recall of the appointee and removal from office during said period, and serves at the pleasure of this City Council.
2. That the City Clerk is hereby directed to transmit a copy of this resolution to the newly appointed member, to the Santa Cruz County Farm Bureau, and to the Pájaro Valley Water Management Agency.
********************************
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPOINTING LOWELL HURST CITY COUNCIL MEMBER EMERITUS
WHEREAS, Lowell Hurst was elected to the Watsonville City Council in 1989 to represent District 3 in the City’s first District Election; and WHEREAS, Lowell Hurst served in the City Council from December 1989 through December 1998; and
WHEREAS, Lowell Hurst was appointed Mayor in December 1993 and served as Mayor through December 1994; and
WHEREAS, Lowell Hurst was appointed to the Watsonville City Council on May 3, 2011 to fill a vacancy in District 3; and
WHEREAS, Lowell Hurst was elected to the City Council in 2012 and appointed Mayor and served as Mayor through 2013; and
WHEREAS, Lowell Hurst was reelected to City Council once more in 2014; and WHEREAS, Lowell Hurst was appointed Mayor for the third time in 2017 and served through 2018, making him the first three-time Mayor in the City’s history; and WHEREAS, Lowell Hurst was reelected to the City Council in 2018 and served his District until December 13, 2022; and
WHEREAS, Lowell Hurst served the City of Watsonville on City Council for over 20 years; and
WHEREAS, during his long tenure, Lowell Hurst served on the 1994 Airport Study Committee, Area Agency on Aging for Santa Cruz and San Benito Counties, Association of Monterey Bay Area Governments, Community Action Board of Santa Cruz County, Community Redistricting Advisory Committee, County Cultural Council,
2 Reso No. (CM)
Meeting Date: 121322
County Library Finance Authority, Criminal Justice Council, Intergovernmental Committee, Integrated Solid Waste County Taskforce, Local Agency Formation Commission, Mello Center Joint Powers Authority, Monterey Bay Regional Air District, Santa Cruz County Regional Transportation Commission, Sister City Committee, Watsonville Personnel Commission; and
WHEREAS, Lowell Hurst, along with his wife Wendy Hurst, was awarded the Lifetime Achievement Award in 2022 by the Pájaro Valley Chamber of Commerce for his many years supporting local organizations, businesses, and youth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
That Lowell Hurst in recognition for his many years of public service to the community is hereby bestowed the honorary title of CITY COUNCIL MEMBER EMERITUS on this day 13th day of December 2022.
********************************
1 Reso No. (CM)
Meeting Date: 121322
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE NOMINATING MAYOR EDUARDO MONTESINO FOR
APPOINTMENT BY THE CITY SELECTION COMMITTEE AS A
REGULAR MEMBER COMMENCING ON DECEMBER 13, 2022, AND
ENDING MAY 14, 2023, TO THE SANTA CRUZ LOCAL AGENCY
FORMATION COMMISSION (LAFCO)
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 is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
2. That Mayor Eduardo Montesino, a member of the City Council of the City of Watsonville, is hereby nominated for appointment by the City Selection Committee as member to the Santa Cruz Local Agency Formation Commission (LAFCO) for the unexpired term ending May 14, 2023.
3. That the City Clerk is hereby directed to transmit a copy of this resolution to the City Selection Committee for Santa Cruz County.
********************************
Reso No. ______ (CM) 1
Meeting Date: 121322 SWZ ______ RM ______ CDD ______
ORDINANCE NO. FINAL ADOPTION (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING PART 12 (SIGN PERMIT) OF CHAPTER 14- 12 (ZONING PERMITS) OF TITLE 14 (ZONING) OF THE WATSONVILLE
MUNICIPAL CODE
Table of Contents
SECTION 1. ENACTMENT. 3
CHAPTER 14-12 ZONING PERMITS 3
Part 12: Sign Permit 3
Sec. 14-12.1200 Purpose. 3
Sec. 14-12.1201 General provisions. 4
Sec. 14-12.1202 Types of Sign Permits. 5
Sec. 14-12.1203 Review Authority. 5
Sec. 14-12.1204 Application Procedure. 5
Sec. 14-12.1205 Public Notice and Hearing. 5
Sec. 14-12.1206 Findings for Approval. 6
Sec. 14-12.1207 Conditions of Approval. 6
Sec. 14-12.1208 Inspection. 6
SECTION 2. RECITALS. 7
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7
SECTION 4. SEVERABILITY. 7
SECTION 5. PUBLICATION. 7
SECTION 6. EFFECTIVE DATE. 8
o-0-o
WHEREAS, the City of Watsonville’s (“City”) sign regulations in Part 12 of Chapter 14-12 of Title 14 is intended to regulate signs located on property over which the City has regulatory authority; and
WHEREAS, the Sign Ordinance maintains and enhances the City’s appearance by regulating the design, character, location, number, quality of materials, size, illumination, and maintenance of signs; and
Reso No. ________ (CM) 2
Meeting Date: 121322
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs on nearby public and private property, including streets and public rights-of-way; and
WHEREAS, without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public; and
WHEREAS, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents, businesses and property owners, visitors and the traveling public; and WHEREAS, the City’s current sign regulations should be enhanced with respect to the design, location, materials, construction and maintenance of signs, as well as the types of signs permitted, while respecting and protecting the right of free speech; and WHEREAS, textual and procedural clarifications and amendments to the City’s current sign regulations should be made so that they are easier for the public to review and for staff to administer; and
WHEREAS, the proposed amendments are consistent with and further implement the goals and policies of the City’s General Plan; and
WHEREAS, on November 1, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 17-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by amending Part 12 (Sign Permits) of Title 14-12 (Zoning Permits) of Title 14 (Zoning); and WHEREAS, the City Council desires to implement modern and objective sign regulations to enhance the character of the City; and
Reso No. ________ (CM) 3
Meeting Date: 121322
WHEREAS, the City Council has reviewed Chapter 14-12, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by amending Part 12 (Sign Permit) of Chapter 14-12 (Zoning Permits) to read in words and figures as follows:
CHAPTER 14-12 ZONING PERMITS
Part 12: Sign Permit
Sec. 14-12.1200 Purpose.
The establishment of regulations and minimum standards for the erection and maintenance of outdoor signs and billboards within the City are necessary for the purpose of promoting the public health, safety, and general welfare, and the establishment of such regulations and minimum standards are in accordance with the provisions of and purposes of the Watsonville Municipal Code.
The City Council further finds that the sign provisions provide minimum standards to safeguard life, health, property and public welfare in keeping with the unique character of the City by regulating and controlling the size, height, design, quality of materials, construction, location, electrification, and maintenance of all signs and signs structures
Reso No. ________ (CM) 4
Meeting Date: 121322
not located within a building, and including temporary signs attached to or affixed upon windows, and to accomplish the following results:
(a) To protect and enhance the character of residential neighborhoods, open views and vistas, and property values by prohibiting obtrusive and incompatible signs; (b) To promote and maintain healthy commercial centers and property values for effective communication of the nature of goods and services and avoidance of wasteful, ugly and unsightly competition in signs;
(c) To provide a reasonable and comprehensive system of control of signs, integrated within a part of the general planning program and Zoning Code, and not as a distinct police power that is exercised separate and apart from the zoning power; (d) To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing and location;
(e) To encourage a desirable area character with a minimum of overhead clutter;
(f) To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and
(g) To enhance the economic value of the community and each area in it through the regulation of size, location, design and illumination of signs.
Sec. 14-12.1201 General provisions.
It is unlawful for any person to erect, enlarge, alter, or relocate, within the City of Watsonville, any sign or other advertising structure as defined in the Sign Code in Chapter
Reso No. ________ (CM) 5
Meeting Date: 121322
21 of Title14 of this Code without first obtaining a Sign Permit and where applicable a Building Permit. Sign Permits are valid for 180 days after issuance.
Sec. 14-12.1202 Types of Sign Permits.
The Zoning code establishes two types of sign permits: sign permits reviewed and approved by the Planning Commission and administrative sign permits reviewed and approved by the Zoning Administrator.
Sec. 14-12.1203 Review Authority.
(a) The Zoning Administrator shall take action on all administrative sign permit applications.
(b) The Planning Commission shall take action on all sign permit applications that are not administrative sign permit applications.
Sec. 14-12.1204 Application Procedure.
An application must be submitted by the property owner or by a designated agent on the owner’s behalf on the form provided by the Community Development Department in accordance with Part 4 of Chapter 14-10, with the applicable fee established by resolution. The application shall include the information and materials required by the Community Development Department together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 14-12.1206 (Findings for Approval).
Sec. 14-12.1205 Public Notice and Hearing.
(a) The Planning Commission shall review and act on all non-Administrative Sign Permits at a noticed public hearing in compliance with Part 6 of Chapter 14-10 (Review and Decision by the Planning Commission).
Reso No. ________ (CM) 6
Meeting Date: 121322
(b) Administrative Sign Permits shall be reviewed by the Zoning Administrator in compliance with Part 5 of Chapter 14-10 (Review and Decision by the Zoning Administrator).
Sec. 14-12.1206 Findings for Approval.
All Level 2 and Level 3 sign permit applications shall be subject to the following findings:
(a) The proposed signs are consistent with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council. (b) The proposed signs comply with all applicable standards in Chapter 14-21 (Signs).
(c) The proposed signs will not adversely impact the public health, safety, or general welfare.
(d) The number, size, placement, design, and material of the proposed signs are compatible with the architectural design of buildings on the site. (e) The proposed signs are restrained in character and no larger than necessary for adequate identification.
Sec. 14-12.1207 Conditions of Approval.
The reviewing authority may attach conditions of approval to a sign permit to achieve consistency with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.
Sec. 14-12.1208 Inspection.
Every sign erected in the City shall be subject to inspection by the Community Development Department to ensure compliance with all provisions of this section and title as amended.
Reso No. ________ (CM) 7
Meeting Date: 121322
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
Reso No. ________ (CM) 8
Meeting Date: 121322
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
***********************************
Reso No. ______ (CM) 1
Meeting Date: 121322 SWZ ______ RM ______ CDD ______
ORDINANCE NO. FINAL ADOPTION (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE REPEALING CHAPTER 6 (SIGNS) OF TITLE 8
(BUILDING REGULATIONS) IN ITS ENTIRETY AND ADDING A NEW CHAPTER 14-21 (SIGNS) OF TITLE 14 (ZONING) OF THE
WATSONVILLE MUNICIPAL CODE
Table of Contents
SECTION 1. ENACTMENT. 3
CHAPTER 14-21 SIGNS 3
14-21.010 Purpose and applicability. 3
14-21.020 Definitions. 4
14-21.030 Permit requirements. 6
14-21.040 Rules of measurement. 9
14-21.050 Signs allowed without permits. 10
14-21.060 Prohibited signs. 12
14-21.070 General sign standards. 15
14-21.080 Standards for specific types of signs. 18
14-21.090 Design standards. 29
14-21.100 Residential signs – Multi-unit properties. 31 14-21.110 Temporary signs. 32
14-21.120 Adjustment to sign standards. 33
14-21.130 Master sign program. 35
14-21.140 Nonconforming signs. 37
14-21.150 Violations and enforcement. 39
SECTION 2. RECITALS. 40
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 40
SECTION 4. SEVERABILITY. 41
SECTION 5. PUBLICATION. 41
SECTION 6. EFFECTIVE DATE. 41
o-0-o
WHEREAS, the City of Watsonville’s (“City”) sign regulations in Chapter 8-6 (Signs) is intended to regulate signs located on property over which the City has regulatory authority; and
WHEREAS, the Sign ordinance in Chapter 8-6 dates back to 1967 and does not comply with federal law and does not meet the current needs of business owners in the City; and
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WHEREAS, the Sign Ordinance maintains and enhances the City’s appearance by regulating the design, character, location, number, quality of materials, size, illumination, and maintenance of signs; and
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs on nearby public and private property, including streets and public rights-of-way; and
WHEREAS, without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public; and
WHEREAS, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents, businesses and property owners, visitors and the traveling public; and WHEREAS, the City’s current sign regulations should be enhanced with respect to the design, location, materials, construction and maintenance of signs, as well as the types of signs permitted, while respecting and protecting the right of free speech; and WHEREAS, textual and procedural clarifications and amendments to the City’s current sign regulations should be made so that they are easier for the public to review and for staff to administer; and
WHEREAS, the proposed amendments are consistent with and further implement the goals and policies of the City’s General Plan; and
WHEREAS, on November 1, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 17-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by repealing Chapter 6 (Signs)
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of Title 8 (Building Regulations) and adding Chapter 14-21 (Signs) of Title 14 (Zoning); and
WHEREAS, the City Council desires to implement modern and objective sign regulations to enhance the character of the City; and
WHEREAS, the City Council has reviewed Chapter 14-21, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Chapter 6 (Signs) of Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby rescinded in its entirety and Title 14 (Zoning) is hereby amended by adding a new Chapter 14-21(Signs) to read in words and figures as follows:
CHAPTER 14-21 SIGNS
Sec. 14-21.010 Purpose and applicability.
(a) Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:
(1) Support economically viable businesses serving city residents, workers, and visitors.
(2) Allow for signage that identifies businesses in a fair and equitable manner.
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(3) Protect and enhance the aesthetic qualities of the city. (4) Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.
(5) Allow for a simple and streamlined sign permitting process. (b) Applicability. This chapter applies to all signs in Watsonville, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
Sec. 14-21.020 Definitions.
The following definitions apply to this chapter:
(a) “Awning sign” means a sign incorporated into, attached, or painted on an awning.
(b) “Awning face sign” means a sign located on the sloping plane face of an awning.
(c) “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.
(d) “Beacon Sign” means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. (e) “Canopy Sign” means any sign that is part of or attached to an awning, canopy, or other material, or structural protective cover over a door, entrance, window, or outdoor service area.
(f) “Center Identification Sign” means a sign identifying the name of a Shopping Center and that does not include the name of any business within the center.
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(g) “Commercial message” means any sign that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.
(h) “Commercial sign” means a sign with a commercial message. (i) “Construction site sign” means an on-premises sign for an approved construction project that publicizes the future building and occupants as well as the architects, engineers and construction organizations involved in the project. (j) “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.
(k) “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.
(l) “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.
(m) “Marquee Sign” means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (n) “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building. Monument signs may contain center identification in addition to business identification. (o) “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall. (p) “Roof sign” means any sign that is mounted on a roof or a parapet of a building.
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(q) “Sandwich sign” means movable or permanent business identification signs placed in front of a business, located on private property. (r) “Shopping Center” means a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.
(s) “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public. (t) Sign Area. See Section 14-21.040 (A) (Calculation of Sign Area). (u) “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information. (v) “Sign face” means the area of a sign where Sign copy is placed. (w) “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
(x) “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view.
Sec. 14-21.030 Permit requirements.
(a) Level 1 Sign Permits. A Level 1 Sign Permit (Chapter 14-12) is required to install, construct, or enlarge any sign, except for:
(1) Signs exempt from the permit requirements of this chapter as specified in Section 14-21.050 (Signs allowed without permits).
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(2) Signs requiring a Special Sign Permit as identified in subsection B of this section.
(3) Signs requiring a Special Sign Permit as identified in subsection C of this section.
(b) Level 2 Sign Permits. A Level 2 Sign Permit (Chapter 14-12) is required for the following types of signs:
(1) Exterior neon signs.
(2) Monument signs for more than four commercial tenants. (c) Level 3 Sign Permits. Planning Commission approval (Chapter 14-12.1200) is required for the following types of signs and approvals:
(1) Auto dealership signs in the CT zoning district (Section 14-
21.080(A)) that are not otherwise allowed with an administrative sign permit. (2) Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 14-21.120(E)).
(3) Signs that do not conform with permitted sign types and standards in Section 14-21.080 (Standards for specific types of signs). (4) Master sign programs (Section 14-21.130).
(d) Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. (e) Message Neutrality.
(1) It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content
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neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
(2) Where necessary, the Zoning Administrator will interpret the meaning and applicability of this chapter in light of this message neutrality policy. (f) Message Substitution.
(1) Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign.
(2) Message substitutions are allowed by right without a permit. (3) This message substitution provision does not:
(i) Create a right to increase the total amount of signage beyond that otherwise allowed or existing;
(ii) Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies; (iii) Allow a change in the physical structure of a sign or its mounting device;
(iv) Allow the establishment of a prohibited sign as identified in Section 14-21.060 (Prohibited signs); or
(v) Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
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(g) City-Installed Signs. City-installed signs in all zoning districts do not require a permit.
(h) Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.
Sec. 14-21.040 Rules of measurement.
(a) Calculation of Sign Area.
(1) Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 14-21-1.
Figure 14-21-1: Measurement of Sign Area
(2) Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.
(3) The area of a double-faced (back-to-back) sign shall be calculated as a single sign face when the two faces are parallel with each other.
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(4) The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 14-21-2.
Figure 14-21-2: Nonplanar Sign Area
(b) Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
Sec. 14-21.050 Signs allowed without permits.
(a) Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
(1) On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area. (2) Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing
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information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature. (3) Flags bearing noncommercial messages or graphic symbols. (4) One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.
(5) One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area not to exceed the provisions of this Chapter. (6) Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law.
(7) Constitutionally protected noncommercial message signs, with a maximum area not to exceed the provisions of this Chapter. (8) Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only. (9) Murals on the exterior of a building that do not advertise a product, business, or service, are subject to the procedures outlined for Public Art in WMC Chapter 8-20.
(10) Official or legal notices required by a court order or governmental agency.
(11) Signs installed by a governmental agency within the public right-ofway.
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(12) Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare. (13) Restaurant menu signs and menu boxes attached to a building, with a maximum area not to exceed the provisions of this Chapter. Such signage shall not extend more than six-inches from the exterior wall to which it is attached. (14) Real estate listings posted in the window of a real estate office, with a maximum area not to exceed the provisions of this Chapter. (15) Residential signs not requiring a building permit as specified in Section 14-21.100 (Residential signs – Multi-unit properties). (16) Temporary signs allowed without a permit as provided in Section 14-
21.110 (Temporary signs).
(17) Vacation rental signs up to twelve inches by twelve inches. (18) Garage sale signs limited to the day of the garage sale. (b) Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.
(c) Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.
(d) Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit.
Sec. 14-21.060 Prohibited signs.
(a) Prohibited Sign Types. The following types of signs are prohibited:
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(1) Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment. (2) Portable signs placed in the public right of way.
(3) Roof signs.
(4) Signs painted on buildings.
(5) Signs emitting odors, gases, or fluids.
(6) Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.
(7) Digital display and electronic reader-board signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 14-21.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 14-
21.080(I) (Parking Garage Signs).
(8) Animated signs, with the exception of clocks and barber poles. (9) Signs that emit sound.
(10) Signs which simulate in size, color, lettering, or design a traffic control sign or signal.
(11) Signs which flash, blink, change color, or change intensity placed on the exterior of a property, and/or when visible from outside the premises. (12) Beacon Signs.
(13) Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
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(14) Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more. (15) Signs adversely affecting traffic control or safety. (16) Signs with exposed raceways.
(17) Signs attached to trees.
(18) Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by federal, state and/or local agencies. (19) Signs erected for the dominant purpose of being seen by travelers on a freeway, except for parcels located within 700 feet of Highway 1. (20) Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.
(21) Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property. (b) Prohibited Sign Content.
(1) The following sign content is prohibited:
(i) Obscene or indecent text or graphics.
(ii) Text or graphics that advertise unlawful activity. (iii) Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats of violence or harm. (iv) Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or
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comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
(2) The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution.
Sec. 14-21.070 General sign standards.
(a) Maximum Permitted Sign Area. Table 14-21-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 14-21.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 14-21-1.
Table 14-21-1: Sign Area Standards
Zoning District Area per Linear Foot of Building Frontage DWSP Area 0.5 sq. ft. per linear foot 36 sq. ft. max
IG, IP, CT, CV,CNS, CC,CO, CN
Zoning
2 sq. ft. per linear foot 300 sq. ft. max
PF, N As determined through sign permit
PD As determined through the development plan
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(b) Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting shall be repaired promptly. (c) Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
(d) Illumination.
(1) Nonresidential signs may be internally or externally illuminated except where specifically prohibited. Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.
(2) The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians.
(3) Exposed bulbs are not permitted.
(4) Internal illumination is prohibited in the Downtown Core and Downtown Gateway
(5) Where sign lighting is permitted, only indirect illumination or lowintensity interior illumination shall be used. It is preferred that lighted signs be
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designed with light-colored translucent letters and logos, on a semi-opaque dark background. Any permitted sign lighting shall be unobtrusive to adjacent properties and any glare shall be directed onto the site.
(e) Materials and Design.
(1) Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.
(2) The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.
(f) Location and Placement.
(1) All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter. (2) Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required access-way.
(3) Signs shall not interfere with visibility at an intersection, public rightof-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 14-40.060 (Clear Corner Triangles).
(g) Signs in the Public Right-of-Way.
(1) No sign shall be permitted in the public right-of-way, except for:
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(i) Signs installed or required by a governmental agency. (ii) Awning, Canopy, Marquee, Projecting, or suspended signs attached to a building wall subject to the requirements in Section 14-
21.080 (Standards for specific types of signs).
(iii) Shared auto dealership signs consistent with Section 14-
21.080(A) (Auto Dealership Signs).
(2) Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 14-21.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.
Sec. 14-21.080 Standards for specific types of signs.
Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required.
Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 14-21.120 (Adjustment to sign standards).
(a) Auto Dealership Signs.
(1) In addition to signs allowed with an administrative sign permit (Section 14-21.030(A)), the planning commission may allow special auto dealership signage in the CT zoning district with approval of a sign permit subject to the following standards:
(i) Location: on or adjacent to an auto dealership land use.
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(ii) Placement: ten-foot minimum setback from property
line abutting the public right-of-way.
(iii) Maximum height: at or below roof line.
(iv) The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
(v) The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Center Drive which extends into or above the public right-of-way. If sign extends into public right of way, an encroachment permit is required.
The planning commission may allow temporary auto dealership signage, such as signage on light poles, flags, and pennants that deviate from temporary sign standards in Section 14-21.110 (Temporary signs) with the approval of a sign permit. (b) Awning Signs.
(1) Standards for awning signs in each zoning district are as shown in Table 14-21-2.
(2) Awning signs shall be located on the awning above a display window or the entrance to the business it serves.
(3) An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Note: In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan. (c) Monument Signs.
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(1) Standards for monument signs in each zoning district are as shown in Table 14-21-3.
Table 14-21-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number DWSP Downtown Core, Downtown
Gateway Not permitted
DWSP Neighborhood and Industrial Flex 16 sq. ft. 4 ft. 1 per property CT, CNS, CV 200 sq. ft. 15 ft.
1 per building frontage CC, CN
100 sq. ft. 4 ft.
IG, IP
Note: In the P/QP and N zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan. (2) Monument signs shall be placed on the property of the business associated with the sign.
(3) Where two monument signs are allowed on a corner parcel, each sign shall be placed at least one hundred feet from the intersection corner.
Table 14-21-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning
District Maximum Area Maximum Number
Maximum
Area
Maximum
Letter Height Maximum Number
Downtown
Specific Plan
Area
Sign permit required (Chapter
14-12.1200)
75 percent of
valance
Two-thirds of
valance height
1 sign per awning located
on either the awning face
or the awning valance
All other nonresidential
zoning
districts
30 percent of
awning face
1 sign per
awning
located on
either the
awning face or
the awning
valance
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(4) A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.
(5) The area surrounding the base of a monument sign shall be landscaped with a minimum three-foot wide planter area (on each side of the sign) to include drought-tolerant species.
(6) Monument signs shall be placed at least 10 feet away from any public or private driveway.
(7) Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.
(8) The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
(9) Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.
(10) The placement of monument signs shall meet the requirements of Chapter 14-40.060 (Clear Corner Triangles)
(d) Center Identification Signs.
(1) Standards for Center Identification Signs in each zoning district are as shown in Table 14-21-4.
(2) Center Identification Signs shall identify the name of the Shopping Center but may not include the name of any business or businesses within the Shopping Center.
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(3) No more than one freestanding sign is permitted per Shopping Center street frontage. If a monument sign is located along the Shopping Center frontage, an additional Center Identification Sign is not permitted.
Table 14-21-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number DWSP Core and Gateway
districts Not permitted
CT, CNS, CV 60 sq. ft.
5 ft. 1 per shopping center
CC, CN, CO 35 sq. ft.
I Not permitted
Note: In the planned development (PD) zoning district, standards for Center Identification Signs shall be established by the city council in the development plan.
(e) Directory Signs.
(1) Standards for Directory Signs in each zoning district are as shown in Table 14-21-5
(2) Directory Signs may not be legible from adjacent public rights-ofway. (3) Directory Signs shall identify the names of the occupants of the building or complex.
Table 14-21-5: Directory Sign Standards
Zoning District Maximum
Area Maximum Height
DWSP Gateway and
core
12 sq. ft.
4 ft.
DWSP flex
neighborhoods 16 sq. ft.
CT, CNS, CV 30 sq. ft.
5 ft.
CC, CN, CO 25 sq. ft.
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Table 14-21-5: Directory Sign Standards
Zoning District Maximum
Area Maximum Height
IG/IP 25 sq. ft. 4 ft.
Note: In the P/QP and N zoning districts, standards for Directory Signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for Directory Signs shall be established by the city council in the development plan. (f) Wall Signs.
(1) Standards for Wall Signs in each zoning district are as shown in Table 14-21-6
(2) Wall Signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.
(3) Wall Signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.
(4) Any portion of a Wall Sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet. (5) Wall Signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.
(6) On a corner lot, one Wall Sign is allowed per street frontage.
Table 14-21-6: Wall Sign Standards
Zoning District [1] Maximum Area
Maximum
Projection
from Wall
Maximum
Number
DWSP core and gateway 0.5 sq. ft. per linear foot of shopfront, not to exceed 36 sq. ft. max 4 in. 1 per
DWSP flex neighborhoods shopfront
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Table 14-21-6: Wall Sign Standards
Zoning District [1] Maximum Area
Maximum
Projection
from Wall
Maximum
Number
All other non-residential zoning
districts
2.0 sq. ft. per linear foot of shopfront, not to
exceed 300 sq. ft. 12 in. 1 per shopfront
Notes:[1] In the P/QP and N zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. (g) Projecting Signs.
(1) Standards for Projecting Signs in each zoning district are as shown in Table 14-21-7
(2) Projecting Signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.
(3) Projecting Signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.
(4) An encroachment permit must be obtained for all signs projecting over a public right-of-way.
(5) A Projecting Sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
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Table 14-21-7: Projecting Sign
Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
Downtown
Core and
Gateway 4 sq. ft. 4 ft.
1 per
business
entryway or
storefront
All other
nonresidential
zoning
districts
8 sq. ft. 4 ft.
1 per
business
entryway or
storefront
Note: In the P/QP and N zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan. (h) Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section 14-21.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:
(1) A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service. (2) No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)
(3) A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.
(4) Digital changeable copy signs for gasoline pricing are permitted.
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(5) Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.
(i) Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.
(j) Window Signs.
(1) Standards for window signs in each zoning district are as shown in Table 14-21-8.
(2) Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
(3) Window signs must be professionally fabricated. No hand-written signs are allowed.
(4) Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.
Table 14-21-8: Window Sign Standards
Zoning District Maximum Area
DWSP area 25 percent of
window
All other non-residential
zoning districts
30 percent of
window
Note: In the P/QP and N zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the
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planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan. (k) Sandwich Signs.
(1) Where Allowed. Sandwich signs are permitted only in the CT, CNS, CN, CV and CO Zoning Districts
(2) Permits Required.
(i) Sandwich signs consistent with this section and as illustrated in Figure 14-21-3 can be issued a temporary sign permit by the community development director.
(ii) All sandwich signs shall be located with 5-feet of the main entrance to the business, and shall leave a minimum 78-inch clearance for pedestrians. Sandwich signs are not allowed adjacent to the roadway or in the public-right-of-way.
Figure 14-21-3: Sandwich Sign Standards and Design Concepts
(3) Dimensions. Sandwich signs shall comply with the dimension standards in Table 14-21-9.
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Table 14-21-9: Sandwich Sign Standards
Zoning District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum Hei
ght Maximum Height [1]
CT, CNS, CN, CV
and CO Zoning
Districts
3.75 sq.
ft. 18 in. 32 in. 58 in.
All Other Zoning
Districts Not permitted
Note: [1] Measured from ground to top of sign.
(4) Number of Signs.
(i) Only one two-sided sandwich sign per business
establishment is permitted.
(ii) Multi-tenant developments are permitted one sandwich sign per each common exterior public business entrance.
(5) Materials and Design.
(i) Lights, banners, flags or similar objects shall not be placed on or adjacent to sandwich signs.
(ii) Sign faces shall be constructed of solid wood, metal, or similar durable and weatherproof material.
(iii) No sandwich sign may contain lights of any kind.
(6) Sandwich Clearance.
(i) Sandwich signs shall leave a minimum 48-inch clearance for pedestrians.
(ii) Sandwich signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight
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distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located. (7) Separation from Other Sandwich Signs. Sandwich signs shall be spaced a minimum of thirty linear feet from all other permitted sandwich signs. (8) Display During Open Hours. Sandwich signs may be used only during the hours when the business is open to the public. At all other times the sign must be stored within the business premises.
(9) Advertising Multiple Businesses. Individual signs may advertise more than one business.
(10) Other Business Signage.
(i) No other temporary advertising signs (Section 14-21.110) may be used at the same time as the sandwich sign is in use. (ii) All other signs on the property must be in conformance with the city’s sign regulations prior to a sandwich sign permit being issued.
Sec. 14-21.090 Design standards.
(a) Design Standards for the Downtown Watsonville Specific Plan Area. The following design standards apply to all signs in the Downtown Watsonville Specific Plan Area:
(1) Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.
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(2) Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached. (3) Signs shall be mounted to fit within existing architectural features.
The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.
(4) Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.
(5) To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.
(6) Internally illuminated signs are prohibited.
(7) Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.
(8) Sign materials and colors shall be compatible with the period and style of building to which is it is attached. Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream. (9) Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
(10) The sign will not have a significant adverse effect on the character and integrity of the surrounding area.
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(b) Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the CC, CT, CV, CNS, CO, IP and IG zoning districts:
(1) Sign design shall conform to and be in harmony with the architectural character of the building.
(2) Signs shall be symmetrically located within a defined architectural space.
(3) Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited. (4) The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.
(5) Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
Sec. 14-21.100 Residential signs – Multi-unit properties.
Multi-unit properties may display one or more master signs subject to the following requirements:
(a) A master sign program (Section 14-21.130) has been approved for the multi-unit property.
(b) Maximum allowable sign area: twenty square feet per property. (c) A master sign for a multi-unit property requires an administrative sign permit.
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Sec. 14-21.110 Temporary signs.
(a) Permitted Temporary Signs. Table 14-21-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 14-21-10 with approval of a sign permit.
Table 14-21-10: Temporary Sign Standards
Sign Type Permit
Required Use Restriction Maximum Number Maximum Area/Size Maximum
Duration
Auto Dealership Signs
– Flags
– Pennants
– Balloons
None Auto
dealerships on
Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear
business frontage;
30 sq. ft. max; 1/3
of window max
Year-round; must
be maintained in
good condition
Commercial Banner
Signs
Administrative
Sign Permit
Nonresidential
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
30 sq. ft. 60 continuous
calendar days; no
more than 60
days each
calendar year
Construction Site Signs
– Residential
None Residential
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
Height: 5 ft.
Area: 12 sq. ft.
From issuance
of building permit
to certificate of
occupancy
Construction Site Signs
– Nonresidential
None Commercial
and industrial
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
Height: 8 ft.
Area: 40 sq. ft.
From issuance
of building permit
to certificate of
occupancy
For Sale, Lease, and
Rent Signs,
Nonresidential
None Commercial
and industrial
uses only
1 per property Height: 8 ft.
Area: 40 sq. ft.
1 year; director
may approve
extension
For Sale, Lease, and
Rent Signs, Residential
None Residential
uses only
1 per property Height: 4 ft.
Area: 6 sq. ft.
180 days; director
may approve
extension
Open House or Model
Home
None None 1 per property and 1 on
other property with
owner consent
Height: 4 ft.
Area: 6 sq. ft.
Limited to day of
open house
Special Event None Special events 1 per property and 1 on other property with
owner consent
Height: 4 ft.
Area: 6 sq. ft.
Limited to day of
special event
Residential Subdivision Administrative
Sign Permit
Residential
subdivisions
and
condominiums
located in the
city
1 per subdivision Height: 10 ft.
Area: 40 sq. ft.
180 days or upon
the sale of the last
unit, whichever
comes first