Agenda packet — Watsonville City Council, April 9, 2024 (part 2 of 2)

Reso No. (CM)
Meeting Date: 040924 2

2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase under subdivision (c) of § 3-5.210 of the Municipal Code.

3. The Council finds that the purchase of polymer chemicals used in Wastewater Treatment and Recycled Water Production are available from one source that meets the City’s facility treatment operations (also known as a sole source purchase).

4. That this purchase from Polydyne, Inc., dba SNF Polydyne, Inc., a corporation, in an amount not to exceed $572,000 for FY 2024-2025 is hereby authorized.

5. That the Contract for Consultant Services between the City of Watsonville and Polydyne, Inc., dba SNF Polydyne, Inc., for the purchase of Polymers used in wastewater treatment processes, commencing on July 1, 2024, and ending June 30, 2025, in an amount not to exceed $572,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is hereby approved.

6. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND POLYDYNE, INC.

THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and POLYDYNE, INC., hereinafter called "Consultant."

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

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2024 to June 30, 2025, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are diligently proceed with the agreed Scope of Services and will provide such services in a SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as which is attached hereto and incorporated herein. This amount shall not exceed $572,000.

SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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

SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.

SECTION 9. INSURANCE.

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

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

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

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

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

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

SECTION 11. TERMINATION.

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

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

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

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

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

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

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

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

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

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

SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.

For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

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

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the

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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

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

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

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

CONSULTANT
POLYDYNE, INC.

Once Chemical Plant Road
Riceboro, GA 31323
(800) 848-7659
SECTION 22. EXHIBITS:

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

CITY

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

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

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
POLYDYNE, INC.

BY_________________________________
Boyd Stanley, Sr. Vice-President

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EXHIBIT "A"

SCOPE OF SERVICES
Supply and Delivery of Polymers.

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EXHIBIT "B"

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

July 1, 2024 through June 30, 2025

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EXHIBIT "C"

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $572,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

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4/5/2024 11:27:23 AM
C:\Program Files\eSCRIBE\TEMP\11272053443\11272053443,,,Report - Pavement Management Program and Pavement Program Management.docx
Agenda Report
MEETING DATE: Tuesday, April 9, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

ASST PUBLIC WORKS & UTILITIES DIRECTOR FONTES
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVE CONTRACTS WITH HARRIS & ASSOCIATES, INC.

FOR PREPARATION OF A PAVEMENT MANAGEMENT

PROGRAM AND FOR PAVEMENT PROGRAM MANAGEMENT
SERVICES IN NOT TO EXCEED AMOUNTS OF $187,110 AND
$1,275,000
RECOMMENDED ACTION:

Approve contracts with Harris & Associates, Inc. for:

1. Preparation of a five-year Pavement Management Program for a not to exceed amount of $187,100;

2. Provision of Pavement Program Management Services over three years for a not to exceed amount of $1,275,000.

DISCUSSION:

To make the best use of limited road repair and maintenance funding, staff proposes to hire a consultant to prepare a five-year Pavement Management Plan (PMP) and to provide Pavement Program Manager (PPM) services for the PMP.

The PMP will assess the condition of all city roads, review financial resources, and propose a five-year schedule of roadway repair and maintenance that current funding levels will allow.

Along with road condition and finances, the plan will consider utility replacement projects, equity, community input and grouping similar projects to reduce construction costs.

The PPM will be an extension of city staff and manage the projects proposed by the PMP.

This includes coordinating design, managing construction, and ensuring proper inspection and testing of each project.

The City did separate Request for Proposals (RFP) for the PMP and the PPM. The issuance date for the RFPs was December 5, 2023, and the submittals were due on January 4, 2024.

The City received four PMP and five PPM proposals. Staff interviewed consultants on January 26, 2024, and selected Harris & Associates to provide both the PMP and PPM services. Harris

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is qualified to fill both roles and staff feels that having one consultant will allow the work to be done more effectively and efficiently.

Staff recommends that Council approve the following agreements with Harris & Associates:

Develop a five-year Pavement Management Program at a cost of $187,110 to be completed within six months. The scope of work shall include:

1. Project Management.

2. PMP Audit & Update. Create database for new and existing street information.

3. Pavement Condition Survey. Collect field data of road conditions.

4. Budget Analysis. Identify funding and consider budget scenarios.

5. GIS Segmentation/Maps Generation. Integrate existing and new street data.

6. Prepare draft & final report.

7. Community Engagement. Participate in public meetings to present and discuss PMP.

8. Training for City staff. Train staff on road analysis and StreetSaver program.

9. ADA Curb Ramp Analysis. Assess condition of curb ramps that may require repair as part of pavement projects.

Hire Pavement Program Manager to manage the five-year Pavement Management Program.

The proposed contract is for three years and a not-to-exceed amount of $1,275,000 with an option to renew the contract for two one-year terms. The year one cost will $425,000. The scope of work shall include:

1. Pavement Management Plan. Manage preparation of the five-year PMP.

2. Plans, Specifications & Estimates (PS&E) Consultant Oversight. Assist City with hiring consultants to prepare plans and manage their work.

3. Construction Management & Inspection Team Oversight. Assist City with hiring consultants to provide construction management and inspection services.

4. Construction Bid & Award. Assist City with bidding pavement projects.

5. Pavement Improvement Program Oversight.

The number and size of projects identified in the PMP will be determined by available funding.

Currently, Watsonville receives approximately $3.5 million annually from Gas Tax, SB1 and Measure D to fund all transportation work and projects. Approximately $1 million of this is used for staffing, operations, and maintenance costs. Grants also provide one-time funding for specific projects. Since Measure R may be repealed in two years, it is not included in these totals.

The schedule for development and implementation of Year One PMP projects is as follows:
• April 2024 – Council approves Harris agreements.
• October 2024 – PMP completed. Begin design of Year One projects. • April 2025 – Begin construction of Year One projects.

STRATEGIC PLAN:
2-Infrastructure & Environment
5-Public Safety

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FINANCIAL IMPACT:

Funding for the PMP shall be transferred from the following FY23/24 accounts to a new account to be assigned to this project.

Account Amount
0312-972-7837-14314 $150,000
0312-972-7837-14319 $ 37,110
Total $187,110
Funding for the PPM shall be transferred from the following FY23/24 accounts to a new account to be assigned to this project.

Account Amount
0312-972-7837-14319 $100,000
0312-972-7837-15058 $200,000
0312-972-7837-15059 $100,000
0312-972-7837-15083 $ 25,000
Total $425,000
ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):

None

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1 Reso No. ______ (CM)
Meeting Date: 040924 SWZ ______ RM ______ PWU ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE AWARDING A CONTRACT FOR CONSULTANT
SERVICES TO HARRIS & ASSOCIATES, INC., A CORPORATION, TO

PREPARE A PAVEMENT MANAGEMENT PLAN, IN AN AMOUNT NOT TO EXCEED $187,110
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 4527 of the California Government Code and negotiated as described in § 4528; and
WHEREAS, a Request for Qualifications (RFQ) was issued on December 5, 2023, with submissions due January 4, 2024, asking for qualified consultants to assist the City with preparation of a Pavement Management Plan; and
WHEREAS, a total of four (4) firms submitted qualification statements; these statements were reviewed by City staff; and

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2 Reso No. ______ (CM)
Meeting Date: 040924
WHEREAS, Harris & Associates, Inc., was selected for their knowledge and experience in preparation of Pavement Management Plans; and WHEREAS, the City Manager has recommended that the proposal from Harris & Associates, Inc., a corporation, in an amount not to exceed $187,110 be accepted as the best response for preparation of a Pavement Management Plan; and WHEREAS, staff is requesting a transfer of funds in the amount of $187,110 in unexpended Measure D funds to cover the cost of the contract.

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

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution awarding contract to Harris & Associates, Inc. for preparation of a Pavement Management Plan does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the contract is hereby awarded to Harris & Associates, Inc., a corporation, for the preparation of a Pavement Management Plan, in an amount not to exceed $187,110.

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

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3 Reso No. ______ (CM)
Meeting Date: 040924

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

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

6. That an appropriation of funds in the amount of $187,110 in unexpended Measure D funds to a budget account to be created by the Finance Department for preparation of the Pavement Management Plan is hereby authorized. ***********************************

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Consultant Contract Architects or Engineers w/employees Page 1 of 17

CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND HARRIS & ASSOCIATES, INC.

THIS CONTRACT, is made and entered into this , by
and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Harris & Associates, Inc., hereinafter called “Consultant.”

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

THE PARTIES HEREBY AGREE AS FOLLOWS:

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

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from execution of this contract to December 31, 2024, inclusive.

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

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

SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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Consultant Contract Architects or Engineers w/employees Page 2 of 17 SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant’s obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

To the full extent permitted by law (subject to the limitations of Civil Code section 2782.8 for any “design professional services” performed under this Contract), Consultant will indemnify, hold harmless, release and defend the City (including its officers, elected or appointed officials, employees, volunteers or agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses or costs [including legal costs and attorney’s fees])(collectively “Liability”) of any nature, to the extent arising out of, pertaining to, or relating to Consultant’s negligence, recklessness, or willful misconduct in the performance of this Contract. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

Consultant’s indemnification obligations under this Contract are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers compensation insurance.

SECTION 9. INSURANCE.

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

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

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Consultant Contract Architects or Engineers w/employees Page 3 of 17 C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract. Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City’s election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

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

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

SECTION 11. TERMINATION.

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

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

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Consultant Contract Architects or Engineers w/employees Page 4 of 17 SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.

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

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

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

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

SECTION 19. CONFLICT OF INTEREST.

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

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

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Consultant Contract Architects or Engineers w/employees Page 5 of 17 SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

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

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

CONSULTANT
Harris & Associates, Inc.
1401 Willow Pass Rd., Suite 500
Concord, CA 94520
(619) 200-6442
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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Consultant Contract Architects or Engineers w/employees Page 6 of 17 WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY
Rene Mendez, City Manager
ATTEST:

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

BY
Samantha W. Zutler, City Attorney

CONSULTANT
HARRIS & ASSOCIATES, INC.

BY
Mark Nassar, Vice President
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Consultant Contract Architects or Engineers w/employees Page 7 of 17 EXHIBIT “A”

SCOPE OF ERVICES
The scope of services is as follows:

The scope of services to be provided by Consultant shall include all the tasks to complete the Pavement Master Plan and ADA Curb Ramp Classification as described in the Consultant’s proposal dated January 4, 2024, incorporated herein as attachment Exhibit A-1.

The scope of services shall specifically include the following Tasks as identified in the Consultant’s proposal with the addition of Task 8 (Field Distress and StreetSaver Training) and the optional ADA Curb Ramp Classification Task 9 included at the City’s direction.
 Task 1 – Project Management
o Task 1.1 – Meetings
o Task 1.2 – Project Updates
 Task 2 – PMP Audit & Update
o Task 2.1 – PMP Audit
o Task 2.2 – Enter Maintenance & Rehabilitation Data
 Task 3 – Pavement Condition Surveys / Field QA-QC / Data Entry / PCI Calculations o Task 3.1 – Pavement Distress Surveys
o Task 3.2 – Quality Control Checks (QC Field Inspection) o Task 3.3 – Field Inspection Data Entry
o Task 3.4 – PCI Calculation & QC Checks (QC PMP Database)  Task 4 – Budget Analysis
o Task 4.1 – Update Maintenance & Rehabilitation Strategies o Task 4.2 – Define & Modify Future Cost Assumptions
o Task 4.3 – Define Budget Assumptions
o Task 4.4 – Calculate Budget Needs
o Task 4.5 – Calculate Budget Scenarios
 Task 5 – GIS Segmentation / Map Integration
 Task 6 – Reports (Draft & Final)
o Task 6.1 – Draft Report
o Task 6.2 – Final Report
 Task 7 – Community Engagement
 Task 8 – Training (Field Distress & StreetSaver Program) o Task 8.1 – Field Distress
o Task 8.2 – StreetSaver Program Training
 Task 9 – ADA Curb Ramp Classification
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Consultant Contract Architects or Engineers w/employees Page 8 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 9 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 10 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 11 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 12 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 13 of 17 EXHIBIT “A-1”
Pavement Master Plan Proposal
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Consultant Contract Architects or Engineers w/employees Page 14 of 17 EXHIBIT “B”

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Consultant Contract Architects or Engineers w/employees Page 15 of 17 EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed One Hundred Eighty-Seven Thousand One Hundred Ten Dollars ($187,110). b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall include payment for reimbursable expenses:

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Consultant Contract Architects or Engineers w/employees Page 16 of 17 EXHIBIT “C”

COMPENSATION
Task 9 Description
Project
Manager/
Engineer
Asst.

PM/Sr.

Tech
GIS
Specialist
Field/Office
Technician Total Total $/Task
Rate $275 $135 $160 $125
Billable $7,700 $4,590 $6,400 $64,375

9.1 Planning & Administration 6 6 6 10 28 $4,670

9.2 System Setup -Preparation (GIS Form) 4 4 8 10 26 $4,170

9.3 Field Surveys/QA-QC 8 8 10 475 501 $64,255

9.4 Data Analysis/Maps/Summary 10 16 16 20 62 $9,970
28 34 40 515 617
$83,065
Item Description Cost
Mileage Travel distance expenses for ADA curb ramp project activities. $1,672 Lodging Accommodation expenses for the duration of the ADA curb ramp project. $8,800
Meals Daily meal allowances for the project team on-site. $4,050 Vehicle Fee Charges for the use of vehicles during the ADA curb ramp project. $2,400 $16,922
$99,987
Assumptions (ADA Curb Ramp):

Subtotal PMP Direct Cost (A1): $65,660
Subtotal PMP Indirect Cost (A2): $4,453
Subtotal ADA Curb Ramp Direct Cost (B1): $83,065
Subtotal ADA Curb Ramp Indirect Cost (B2): $16,922
Contingency: $17,010
Total Project Fee (NTE): $187,110

9. A contingency budget of $17,010 is established and may only be used with prior written approval and direction given by the City.

Subtotal Indirect ADA Curb Ramps Fee (B2)
Total ADA Curb Ramps Fee (B1+B2):

1. The city's GIS indicates there are 1,886 curb ramps in the public right-of-way, not including locations where ramps may be absent. Further discussion with the City will be needed to address intersections lacking curb ramps.

2. Any curb ramps found beyond the documented 1,886 will be subject to additional costs.

These costs will be determined following the completion of fieldwork, pending further discussion with the City.

3. Locations identified without curb ramps will be recorded as 'No Curb Ramp.' Further discussion with the City will be needed following fieldwork to determine the next steps for these areas.

4. Each intersection corner will be GPS coded, and existing curb ramps will be measured for compliance with the 2022 Caltrans Standard details using a smart level. This will include assessing the wings and landings. Further discussion with the City will be needed to confirm the survey scope and methods.

5. The city is requested to provide any existing curb ramp data. If such data is not readily available, further discussion with the City will be needed to obtain necessary information.

6. Quality assurance will involve a review of 5% of the identified curb ramps.

To ensure comprehensive quality checks, further discussion with the City will be needed to align on the review process.

7. The specific data fields to be included in survey forms will be established in collaboration with the city prior to the start of fieldwork. Further discussion with the City will be needed to finalize these details.

8. The costs reflected in the proposal are approximate and subject to modification based on further directives from the City.

ADA Curb Ramp Direct Costs Summary
(Refer to Task 5 from RFP) Hourly breakdown by Personnel Total Hours
Subtotal Direct ADA Curb Ramps Fee (B1):

ADA Curb Ramp Indirect Costs Summary
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Consultant Contract Architects or Engineers w/employees Page 17 of 17 EXHIBIT “C”

COMPENSATION
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director’s designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City’s purchase order number for this Contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

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1 Reso No. ______ (CM)
Meeting Date: 040924 SWZ ______ RM ______ PWU ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE AWARDING A CONTRACT FOR CONSULTANT
SERVICES TO HARRIS & ASSOCIATES, INC., A CORPORATION, TO

PROVIDE PAVEMENT PROGRAM MANAGEMENT SERVICES FOR A
THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $1,275,000 WHEREAS, § 3-5.500 of the Municipal Code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Watsonville Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 4527 of the California Government Code and negotiated as described in § 4528; and
WHEREAS, a Request for Qualifications (RFQ) was issued on December 5, 2023, with submissions due January 4, 2024, asking for qualified consultants to provide Pavement Program Management Services to the City; and
WHEREAS, a total of four (5) firms submitted qualification statements; these statements were reviewed by City staff; and

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2 Reso No. ______ (CM)
Meeting Date: 040924
WHEREAS, Harris & Associates, Inc., was selected for their knowledge and experience in providing Pavement Program Management Services; and WHEREAS, the City Manager has recommended that the proposal from Harris & Associates, Inc., a corporation, in an amount not to exceed $1,275,000 and for a three-year period be accepted as the best response for preparation of a Pavement Management Plan; and
WHEREAS, staff is requesting a transfer of funds in the amount of $425,000 in unexpended Measure D funds to cover the cost of the first year of the contract, with additional funding being allocated in subsequent years.

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

2. That the contract is hereby awarded to Harris & Associates, Inc., a corporation, for provision of Pavement Program Management Services, for a three-year period, in an amount not to exceed $1,275,000.

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3 Reso No. ______ (CM)
Meeting Date: 040924

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

6. That, for the first year of the project, an appropriation of funds in the amount of $425,000 in unexpended Measure D funds to a budget account to be created by the Finance Department for provision of Pavement Program Management Services is hereby authorized.
***********************************

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Consultant Contract Architects or Engineers w/employees Page 1 of 15

CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND HARRIS & ASSOCIATES, INC.

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

THE PARTIES HEREBY AGREE AS FOLLOWS:

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

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from execution of this contract for a period of three (3) years, subject to two (2) optional oneyear extensions for a maximum term of five (5) years, inclusive.

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Consultant Contract Architects or Engineers w/employees Page 2 of 15 SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant’s obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

Consultant’s indemnification obligations under this Contract are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers compensation insurance.

SECTION 9. INSURANCE.

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Consultant Contract Architects or Engineers w/employees Page 3 of 15 C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

SECTION 11. TERMINATION.

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

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

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Consultant Contract Architects or Engineers w/employees Page 4 of 15 SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.

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

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

SECTION 19. CONFLICT OF INTEREST.

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Consultant Contract Architects or Engineers w/employees Page 5 of 15 SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

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

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

CONSULTANT
Harris & Associates, Inc.
1401 Willow Pass Rd., Suite 500
Concord, CA 94520
(619) 200-6442
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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Consultant Contract Architects or Engineers w/employees Page 6 of 15 WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY
Rene Mendez, City Manager
ATTEST:

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

BY
Samantha W. Zutler, City Attorney

CONSULTANT
HARRIS & ASSOCIATES, INC.

BY
Mark Nassar, Vice President
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Consultant Contract Architects or Engineers w/employees Page 7 of 15 EXHIBIT “A”

SCOPE OF ERVICES
The scope of services is as follows:

The scope of services to be provided by Consultant shall be by Task Orders issued by the Director for various professional services in furtherance of managing the City’s Pavement Improvement Program. Concurrent with approval of this Agreement the City authorizes Task Order No. 1 for the first year of the initial three (3) year Term of this Agreement for performance of Pavement Program Manager professional services as described in the Consultant’s proposal dated January 4, 2024, incorporated herein as attachment Exhibit A-1.

Task Order No. 1 shall specifically include the following sub-Tasks as identified in the Consultant’s proposal with the addition of community engagement and outreach coordination with the City during Consultant’s oversight of Task 1 as identified below:
 Task 1 – Pavement Master Plan (and Community Engagement)  Task 2 – Plans, Specifications, & Estimates (PS&E) Consultant Oversight  Task 3 – Construction Management & Inspection Team Oversight  Task 4 – Construction Bid & Award Management
 Task 5 – Pavement Improvement Program Oversight
At the City’s sole discretion, during the initial three (3) year term of this Agreement the Director may issue subsequent Task Orders to Consultant for additional professional services as deemed necessary by City upon mutual agreement by City and Consultant as to scope, schedule, and budget subject to the maximum compensation for the initial three (3) year term established herein on Exhibit “C,” or as may be otherwise increased pursuant to an amendment to this Agreement approved by the City Council, extending the term thereof for subsequent one (1) year periods and increasing the compensation related thereto.

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Consultant Contract Architects or Engineers w/employees Page 8 of 15 EXHIBIT “A-1”
Pavement Program Manager Proposal
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Consultant Contract Architects or Engineers w/employees Page 9 of 15 EXHIBIT “A-1”
Pavement Program Manager Proposal
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Consultant Contract Architects or Engineers w/employees Page 10 of 15 EXHIBIT “A-1”
Pavement Program Manager Proposal
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Consultant Contract Architects or Engineers w/employees Page 11 of 15 EXHIBIT “A-1”
Pavement Program Manager Proposal
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Consultant Contract Architects or Engineers w/employees Page 12 of 15 EXHIBIT “B”

Services provided hereunder for Task Order No. 1 for the initial three (3) year term for performance of Pavement Program Manager professional services as described in the Consultant’s proposal dated January 4, 2024, shall commence immediately upon execution of this Contract, and shall be completed under the direction of the City pursuant to an “on-call” basis for completion of the various required professional services throughout the initial three (3) year term..

Services provided hereunder for subsequent Task Orders shall be completed in accordance with the schedule mutually agreed upon by the City and Consultant as identified on the Task Order.

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Consultant Contract Architects or Engineers w/employees Page 13 of 15 EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract for Task Order No. 1 for the initial three (3) year term for performance of Pavement Program Manager professional services in the Consultant’s proposal dated January 4, 2024, incorporated herein as attachment Exhibit A-1, shall not exceed One Million Two Hundred SeventyFive Thousand Dollars ($1,275,000) unless otherwise increased pursuant to an amendment therefore approved by the City Council. This amount is established as a not to exceed budget based on Consultant’s budgeted hours per year as identified in the following Table.

Consultant shall not be obligated to provide more than the total budgeted hours during the initial three (3) year term of this Agreement without a subsequent amendment to this Agreement.

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Consultant Contract Architects or Engineers w/employees Page 14 of 15 b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall include payment for reimbursable expenses:

Hourly pay rates are subject to change on January 1, 2025, and on the 1st of January every year thereafter, escalated at the Consumer Price Index published for the San Francisco-Oakland-Hayward area.

Subject to the Director’s prior approval, Consultant may propose additional team members, job classifications and associated hourly pay rates as may be necessary in the completion of the required professional services.

The following apply to payment of reimbursable expenses:

1. Mileage reimbursement will be pursuant to the established IRS mileage rate for that given time period.

2. All subconsultant charges are subject to a 10% markup. Direct expenses, such as permitting fees, printing of plans and specifications, and other expenses in service of the city’s project will be billed at cost plus 10% markup.

3. Attendance at meetings in service of the client will be billed on a Time and Materials basis pursuant to the billing rates for that time period.

4. Travel costs to attend in-person meetings at the City of Watsonville will be billed at direct cost, inclusive of car rentals, lodging, airfare, and per diem costs when such travel is required.

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Consultant Contract Architects or Engineers w/employees Page 15 of 15 c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director’s designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City’s purchase order number for this Contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

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4/2/2024 7:14:13 PM
C:\Program Files\eSCRIBE\TEMP\1914063656\1914063656,,,ACCEPTANCE OF A $1,833,000 GRANT FROM THE REGIONAL TRANSPORTATION COMMISSION.docx
Agenda Report
MEETING DATE: Tuesday, April 9, 2024
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

ASSISTANT PUBLIC WORKS & UTILITIES DIRECTOR FONTES
THROUGH: CITY MANAGER MENDEZ
SUBJECT: ACCEPT $1,833,000 GRANT FROM THE SANTA CRUZ

COUNTY REGIONAL TRANSPORTATION COMMISSION

FOR THE GREEN VALLEY ROAD REHABILITATION

PROJECT
RECOMMENDED ACTION:

Staff recommends the City Council adopt a resolution accepting $1,833,000 grant from the Santa Cruz County Regional Transportation Commission for the Green Valley Road Rehabilitation Project and appropriate such funds to the Special Grants Funds [0260] and authorize the City Manager to execute and negotiate all agreements and any amendments necessary.

BACKGROUND:

In October 2023, staff submitted the grant application to the Santa Cruz County Regional Transportation Commission in response to the Call for Projects – 2023 Consolidated Regional Transportation Grants. The grant application is for the Green Valley Road Rehabilitation Project.

On December 7, 2023, the Santa Cruz County Regional Transportation Commission adopted Resolution No.20-24, for the 2023 Consolidated Grants Program, the Senate Bill 125 Transit Grants Program and 2024 Regional Transportation Improvement Program to program regional shares of State and Federal funds and amend project listing for previously programmed projects, which included the Green Valley Road Rehabilitation project in the amount of $1,833,000 for the City of Watsonville.

DISCUSSION:

The Green Valley Road Rehabilitation Project is from Carey Avenue to City Limits, 0.4- mile length, and will rehabilitate the existing roadway, remove and replace existing curb ramps that do not comply with accessibility standards, provide Class II bike lane for the

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C:\Program Files\eSCRIBE\TEMP\1914063656\1914063656,,,ACCEPTANCE OF A $1,833,000 GRANT FROM THE REGIONAL TRANSPORTATION COMMISSION.docx
much of the project, install high visibility striping, traffic marking and signage, and upgrade the existing traffic signal at Carnation Ave with pedestrian actuated and audible traffic signals.

The rehabilitation project will improve the existing roadway condition and preserve its service life. Upgrading existing pedestrian facilities and bringing them into compliance with current accessibility guidelines will improve access for all pedestrians. Installation of Class II bike lanes for the length of the project will add new bicycle facilities and improve cyclists’ safety.

The improvement and rehabilitation of the Green Valley Road corridor has been a part of the City’s Capital Improvement Program (CIP) for more than 10 years. This project is the fourth and final phase of these improvements. The total project cost is estimated at $4,320,000, and is partially funded, with $2.5 million allocated from Gas Tax, SB 1, and Measure D. The awarded grant funds will be added to the existing funds set aside by the City for this project. Construction is scheduled to begin in the fall of this year.

STRATEGIC PLAN:

The project is consistent with the following Strategic Plan goal:
2-Infrastructure & Environment
5-Public Safety
6-Community Engagement & Well-Being
FINANCIAL IMPACT:

The funds from this grant will go towards the estimated cost of $4,320,000 to rehabilitate Green Valley Road from Carey Avenue to City Limits. Proceeds from the grant are to be appropriated to the Special Grants Fund [0260].

The remaining cost of the project will be paid by funds from SB1 [0306], Measure D [0312], and Gas Tax [305]
ALTERNATIVE ACTION:

Council may choose not to accept the award which will delay the project.

ATTACHMENTS AND/OR REFERENCES (If any):

1. Green Valley Rd Rehabilitation Map

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Green Valley Rd Rehabilitation
reconstruct roadway between Carey Ave and Corralitos Creek (city limit) Legend
Limit of Work
1 mi
N
Attachment 1
➤

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1 Reso No. ______ (CM)
Meeting Date: 040924 SWZ ______ RM ______ PWU ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ACCEPTING $1,833,000 IN GRANT FUNDS FROM THE

SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION
(SCCRTC) FOR THE GREEN VALLEY ROAD REHABILITATION
PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL AGREEMENTS AND ANY AMENDMENTS NECESSARY;

AND APPROPRIATING SUCH FUNDS TO THE SPECIAL GRANTS
FUND [0260]
WHEREAS, in October 2023, staff submitted the grant application to the SCCRTC in response to the Call for Projects – 2023 Consolidated Regional Transportation Grants, for the Green Valley Road Rehabilitation Project; and
WHEREAS, on December 7, 2023, the SCCRTC adopted Resolution No. 20-24, for the 2023 Consolidated Grants Program and approving grant funds in the amount of $1,833,000 for the Green Valley Road Rehabilitation Project.

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

1. Adopting a Resolution accepting a Grant from the Santa Cruz County Regional Transportation Commission 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 Council hereby accepts the grant funds from the Santa Cruz County Regional Transportation Commission, in the amount of $1,833,000 for the Green Valley Road Rehabilitation Project.

3. That the City Manager is hereby authorized and directed to negotiate and executeon behalf of the City of Watsonville, any agreements, and amendments thereto

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2 Reso No. (CM)
Meeting Date: 040924
and any necessary documents.

4. That the $1,833,000 in grant funds is hereby appropriated to the Special Grants Fund [0260].
********************************

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1 Reso No. ______ (CM)
Meeting Date: 040924 SWZ ______ RM ______ HR ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1272 FOR FISCAL YEARS 2021-2024
WHEREAS, in accordance with provisions of the Milias Myers Brown Act (Government Code section 3500 et seq.), City of Watsonville's Resolution No. 56-08 (CM), and City of Watsonville Administrative Rule V.1.1.,the bargaining team from the City met and conferred in good faith with the bargaining team from the International Association of Firefighters, Local 1272 regarding the terms and conditions set forth in the Side Letter, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City of Watsonville and the International Association of Firefighters, Local 1272 on or about July 6, 2021, entered into a Memorandum of Understanding for the fiscal years 2021-2024 subject to Council approval; and WHEREAS, the Council adopted Resolution No. 197-21 (CM) on July 6, 2021, ratifying said Memorandum of Understanding for the fiscal years 2021-2024 between the City of Watsonville and the International Association of Firefighters, Local 1272; and WHEREAS, the parties have agreed to the terms set forth in the Side Letter, attached hereto and incorporated herein as “Exhibit A”; and WHEREAS, the Council of the City of Watsonville after reviewing the Side Letter hereby determines to approve said Side Letter to the Memorandum of Understanding.

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

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2 Reso No. ______ (CM)
Meeting Date: 040924

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the Side Letter between the Municipal Employee Relations Officer and the International Association of Firefighters, Local 1272 unit does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061 (b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the Side Letter to the Memorandum of Understanding between the City and the International Association of Firefighters, Local 1272, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified. ********************************

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SIDE LETTER AGREEMENT BETWEEN THE CITY OF WATSONVILLE AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1272
THIS SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING is made and entered into this _____ day of __________, 2024 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter referred to as “City”, and THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1272 “IAFF L-1272”

RECITALS
WHEREAS, on JULY 6, 2021, the City Council adopted Resolution No. 197-21 (CM), approving the 2021-2024 Memorandum of Understanding (MOU) between the City and IAFF L1272; and WHEREAS, The City of Watsonville and IAFF L-1272 met and conferred to discuss an extension of the contract to allow time for a city-wide classification and compensation study to be completed; and
WHEREAS, The City of Watsonville and IAFF L-1272 have agreed to extend the term of the contract from terminating on June 30, 2024 to terminating on June 30, 2025; and WHEREAS, the City of Watsonville and IAFF L-1272 have agreed to a salary increase of 5% on the first full pay period after July 1, 2024
WHEREAS, All other terms of conditions of the MOU remain unchanged; NOW THEREFORE, the City and IAFF L-1272 agree as follows:

1. Extend the term of the current contract to June 30, 2025 and provide a 5% salary increase to all classifications in the bargaining unit effective on the first full pay period after July 1, 2024.

IN WITNESS WHEROF, the parties hereto have executed this Side Letter Agreement the day and year first hereinabove written.

DocuSign Envelope ID: 455F28E7-69D6-49CD-9871-CFF051543F0A

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INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1272
Date___________ ____________________________________
Ben Avis, IAFF L-1272 President

CITY OF WATSONVILLE
Date____________ _________________________________
Rene Mendez, City Manager
Date____________ __________________________________
City Attorney
Date____________ __________________________________
City Clerk
DocuSign Envelope ID: 455F28E7-69D6-49CD-9871-CFF051543F0A 4/3/2024 | 9:49 PM PDT

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1 Reso No. ______ (CM)
Meeting Date: 040924 SWZ ______ RM ______ HR ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND THE
POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 2022-2025
WHEREAS, in accordance with provisions of the Milias Myers Brown Act (Government Code section 3500 et seq.), City of Watsonville's Resolution No. 56-08 (CM), and City of Watsonville Administrative Rule V.1.1.,the bargaining team from the City met and conferred in good faith with the bargaining team from the Police Officer’s Association regarding the terms and conditions set forth in the Side Letter, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City of Watsonville and the Police Officer’s Association on or about June 28, 2022, entered into a Memorandum of Understanding for the fiscal years 2022-2025 subject to Council approval; and
WHEREAS, the Council adopted Resolution No. 130-22 (CM) on June 28, 2022, ratifying said Memorandum of Understanding for the fiscal years 2022-2025 between the City of Watsonville and the Police Officers Association; and WHEREAS, the parties have agreed to the terms set forth in the Side Letter, attached hereto and incorporated herein as “Exhibit A”; and WHEREAS, the Council of the City of Watsonville after reviewing the Side Letter hereby determines to approve said Side Letter to the Memorandum of Understanding.

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

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that

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2 Reso No. ______ (CM)
Meeting Date: 040924
adopting a Resolution approving the Side Letter between the City of Watsonville and the Police Officers Association unit does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061 (b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the Side Letter to the Memorandum of Understanding between the City of Watsonville and the Police Officers Association, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified. ********************************

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SIDE LETTER AGREEMENT BETWEEN THE CITY OF WATSONVILLE AND THE POLICE

OFFICERS ASSOCIATION
THIS SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING is made and entered into this _____ day of __________, 2024 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter referred to as “City”, and THE POLICE

OFFICERS ASSOCIATION

RECITALS
WHEREAS, on JUNE 28, 2022, the City Council adopted Resolution No. 130-22 (CM), approving the 2022-2025 Memorandum of Understanding (MOU) between the City and the Police Officers Association; and
WHEREAS, the City of Watsonville and the Police Officers Association met to discuss the ongoing challenges to recruit and retain qualified Police Officers; and WHEREAS, the City is experiencing a police officer vacancy rate that is unstainable leading to excessive overtime demands to ensure the ability to maintain adequate public safety services to the City; and
WHEREAS, the City desires to be proactive in order to enhance our ability to attract and retain highly qualified police officers in a very competitive market; and WHEREAS, the City and the Police Officers Association agree that an adjustment to salary and benefits will help address attraction and retention issues; and WHEREAS, the City of Watsonville will provide a 3% salary adjustment effective the first full pay period after City Council approval to all employees in the Police Officer classification; and
WHEREAS, the City of Watsonville and the Police Officers Association agree to replace section 21.9 Longevity Pay to read “Any employee with at least 5 years of service as a sworn police officer with the City of Watsonville shall receive a two (2%) Longevity Pay Premium, and any employee with at least 10 years of service as a sworn peace officer with the City of Watsonville shall receive an additional 2% Longevity Pay Premium, and any employee with at DocuSign Envelope ID: A4691D6A-EF7B-41D2-BFF8-2C323CF7D5C6

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least 15 years of service as a sworn peace officer with the City of Watsonville shall receive an additional two and one-half percent (2.5%) Longevity Pay Premium (for a total of six and onehalf percent (6.5%) longevity pay period;” and WHEREAS, effective after the first full pay period after City Council approval through June 30, 2025, at the discretion of the Police Chief and with proper verification provided at the time of hire, longevity may be granted to lateral employees possessing equivalent or similar experience as a patrol officer or other significant law enforcement experience with their current comparable public agency employer; and
WHEREAS, The City and Police Officers Association agree to continue discussions exploring a health savings account or similar tool to assist with retiree health care costs; WHEREAS, All other terms of conditions of the MOU remain unchanged; NOW THEREFORE, the City and the Police Officers Association agree as follows:

1. Provide a 3% salary increase to the Police Officer classification on the first full pay period after City Council approval and replace the 21.9 Longevity Pay Section with language adding 2.0% Longevity pay at 5 years and replacing 20 year Longevity Pay of 2.5% with 15 year Longevity Pay of 2.5%.

2. All other terms and of the MOU remain unchanged.

IN WITNESS WHEROF, the parties hereto have executed this Side Letter Agreement the day and year first hereinabove written.

Police Officers Association
Date___________ ____________________________________
Police Officers Association

CITY OF WATSONVILLE
Date____________ _____________________________________
Rene Mendez, City Manager
Date____________ _____________________________________
City Attorney
Date____________ _____________________________________
City Clerk
DocuSign Envelope ID: A4691D6A-EF7B-41D2-BFF8-2C323CF7D5C6 4/9/2024 | 1:22 PM PDT

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1 Reso No. ______ (CM)
Meeting Date: 032624 SWZ ______ RM ______ PWU ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

DECLARING CITY OF WATSONVILLE CLEANUP DAY THE SECOND

SATURDAY OF MAY OF EACH YEAR
WHEREAS, the City of Watsonville is renowned for its natural beauty and unique wetland habitat; and
WHEREAS, the residents of the City and County have long been dedicated to protecting the beauty of our natural resources; and
WHEREAS, the City of Watsonville has been a leader in environmental protection and policies that reduce waste and help keep litter from impacting the local environment; and
WHEREAS, the City, in partnership with Pitch-In Santa Cruz County, has participated in organized community clean-ups, volunteer engagement, and partnerships with other local governments in a citizen-led effort to protect the City’s natural spaces from litter; and
WHEREAS, the City believes that a countywide cleanup day is an effective way to engage the community in cleaning up litter from parks, streets, wetlands, beaches, and other public spaces to improve the overall cleanliness of the City, and encourage residents of all ages, businesses, and community organizations to participate in the Countywide Cleanup Day.

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

1. Adopting a Resolution declaring City of Watsonville Cleanup Day the second Saturday of each year does not meet CEQA's definition of a “project,” because

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2 Reso No. (CM)
Meeting Date: 040924
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 second Saturday of May of each year be declared “City of Watsonville Cleanup Day.”
********************************

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From: City Council
To: Eduardo Montesino; Vanessa Quiroz; Maria Orozco; Kristal Salcido; Casey Clark; Jimmy Dutra; Ari Parker; cityclerk
Subject: FW: TOPICS THAT NEED ATTENTION FROM ALL OF YOU Date: Tuesday, April 9, 2024 4:29:30 PM
From: steve trujillo <[email protected]>
Sent: Tuesday, April 9, 2024 4:29:16 PM (UTC-08:00) Pacific Time (US & Canada) To: [email protected] <[email protected]>; City Council <[email protected]>; citymanager <[email protected]> Subject: TOPICS THAT NEED ATTENTION FROM ALL OF YOU

1. clearly, since the dorms on the co nity college campus will not be completed until 2027, we need more low cost housing for our unhoused Watsonville Cabrillo students. i might suggest an RV encampment near downtown.
2, now that EARTHJUSTICE has sued Monterey county AG commissioner and the CA dept. of pesticide regulation, why not a sign at the edges of town: WATSONVILLE: HOME TO ORGANIC FARMING. so proud i am a member of SAFEAG/SAFESCHOOLS, one of the litigants. this should be in court for some time.

3. still too many potholes. they need filling.

4. we do not need any more fast food places. period. and Applebees needs to close. it is disgusting. call the health dept.

5. the field behind my home is ELBAR ranch. 75 acres of growing raspberries. and NO SPRAYNG THIS YEAR. how about that?
Steve Trujillo, Cabrillo community college trustee, district 7

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April 2024
City of Watsonville
Code Enforcement

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What is Code Enforcement?
The code enforcement program is not intended to be selective or discriminatory against any one individual, group, or business.

The City of Watsonville places a high priority on code enforcement as a means of accomplishing adopted community goals, such as:

Maintaining the
quality of
neighborhoods,
Avoiding nuisances
Protecting the health,
and safety of all our
city residents

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Personnel
3 Code Enforcement Officers:
 Ruben Vargas
 Claudia Leonor
 Anthony Montero

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Code Cases
• Roughly 95% of the cases have
been resolved and closed
FY22-23.

Over 450 Code
Enforcement Cases
were activated during
fiscal year 2022-23.
• 275 cases resolved and closed to
date.

In fiscal year 2023-
2024: 320 cases
activated to date.
• Each case varies in length of
time depending on the type of
violations.

The remaining cases
will be closed as
compliance is
achieved.

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Types of Complaints
•Adopted Jan. 1, 2023
2021 International Property Maintenance Code
(IPMC)
Property Maintenance WMC 5-33.03
Zoning Violations WMC 14-16
Illegal Construction WMC 8-1.105
•Memorials, Flower Vendors
Enforcement of Public Works/PD Regulations

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Fences
Before After

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Overgrown/Neglected
Landscaping
Before After

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Maintenance of
Exterior Premises
Before After

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Maintenance of
Exterior Premises
Before After

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Parking on
Unimproved Surfaces
Before After

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Parking Facilities
Before After

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Zoning Violations
Before After

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Illegal Construction/Stop Work
Before After

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Illegal Construction

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Signage

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Signage

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Signage

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Memorials/Encroachment

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How Do I File a Complaint?
Visiting the Community
Development
Department located at
250 Main Street
Call (831) 768-3050

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Online Complaints
Submit complaints online
at: www.watsonville.gov

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Ruben Vargas
Sr. Code Enforcement Officer
City of Watsonville
[email protected]
Questions?

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City Council Report
April 9, 2024

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General Park
Information
• General Park Hours
• Sunrise to Sunset, unless
otherwise posted or by
permit.
• Restroom Management
• Open Park Use
• Managed Use

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Park
Restrooms
General Park Restrooms
Location Operating Hours
City Plaza Daily 8a - Sunset
Franich Park Daily 8a - Sunset
Pinto Lake
Park (x2)
Daily 8a - Sunset
Ramsay Park
(x2)
Daily 8a - Sunset
River Park Science Workshop
Hours
Monday/Thursday
3:30 to 6:30 pm
Saturday 11:00 am
to 4:00 pm

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Park Restrooms
Restrooms within Community Centers
Location Operating Hours
Callaghan Cultural Center Daily 8a - Sunset
Marinovich Community Center Science Workshop Hours
Tu/W/Th 3:30-6:30pm
F 2:30-6:00pm
Sa 11:00am – 4:00pm
Muzzio Community Center Muzzio Arts Center Hours
M/Tu/Th 3:00 – 7:30pm
Sa 10:00am 0 2:00pm
Ramsay Park Family Center For program use only

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4/3/2024 7:59:03 PM
C:\Program Files\eSCRIBE\TEMP\19585954182\19585954182,,,Report - Abatement of Nuisance 014-021-01.docx Agenda Report
MEETING DATE: Tuesday, April 9, 2024
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM

BUILDING OFFICIAL DESANTE

SENIOR CODE ENFORCEMENT OFFICER VARGAS
THROUGH: CITY MANAGER MENDEZ
SUBJECT: HEARING FOR THE ABATEMENT OF A NUISANCE AT PARCEL (014-021-01) IN THE CITY OF WATSONVILLE
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a Resolution directing the Building Official to abate the public nuisance at parcel (014-021-01) without delay.

BACKGROUND:

The property (Parcel 014-021-01) is a vacant lot within district 3 that has been allowed to be used as a homeless encampment. Currently the property is housing anywhere between 20- 40 un-housed people and the property has accumulated a tremendous amount of abandoned personal property, trash, and debris creating a blighting factor for the surrounding area, as well as an environmental hazard to Corralitos Creek.

DISCUSSION:

On March 26, 2024, the Building Official reported to the City Council the existence of a Nuisance at parcel (014-021-01). Although staff have sent letters, notices, and citations for lack of maintenance, there has been no significant progress achieved by the owner of record.

The Building Official’s report identified the following items making this property a Nuisance.  This property is unsecured, allowing for un-housed people to erect tent like structures throughout the parcel.
 The property has accumulated significant amounts of abandoned personal property, furniture, trash, and debris creating a blighting factor for the surrounding area.  The vegetation has become overgrown which has the potential to create a fire hazard in the dry season.

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4/3/2024 7:59:03 PM
C:\Program Files\eSCRIBE\TEMP\19585954182\19585954182,,,Report - Abatement of Nuisance 014-021-01.docx During the meeting on (March 26, 2024) the City Council declared the property a “Nuisance” and directed the Building Official to abate the Nuisance. A public hearing was also set for April 9, 2024, to hear any comments or objections to the proposed nuisance abatement by the City.

As described by Municipal Code section 5-17.06 of the Nuisance Abatement Ordinance, notices of the proposed abatement and the hearing date were posted at the subject property (attachment 1) and sent certified mail to the currently listed property owners of record.

Tonight’s public hearing provides the forum for comments or objections from the public, the property owner or any interested parties. After hearing objections, if any, Council will then adopt a resolution to allow or overrule the objections, at which time the City may proceed with the abatement.

In the adoption of the resolution, the Building Official will be directed to abate the nuisance.

The Building Official will be responsible for coordinating efforts to correct the violations and to keep an account of the cost of abatement, which will be reported to the Council after completion. This meeting will again require notification of the public, the property owner or any interested parties of cost for abatement. During this meeting, Council will consider the cost to be assessed and hear any protests or objections to the proposed assessment, after which they will adopt a resolution confirming the cost to be assessed for the abatement.

Once confirmed, the lien will be placed on the property for the collection of the costs.

Next Steps:

Encampment cleanup is a process, not an event. Once the Building Official has authority to abate the situation at the encampment, staff will work with the County of Santa Cruz and other stakeholders to develop an Action Plan to begin outreach and engagement with the population living on the property in a first attempt to assess needs and work on a plan for relocation, so that the population does not end up creating another encampment elsewhere. (see the Planning Checklist from the US Interagency Council on Homelessness for best practices in Attachment 1)
Once a team has been assembled and the population notified and engaged, we will move to remove all people and items from the encampment and return the property to its original state. The property may require fencing or other means to keep people out, which will be determined through the abatement process.

STRATEGIC PLAN:

This action reflects the City Council’s strategic goals for 2023-2025 to continue Code Enforcement efforts in maintaining our neighborhoods safe and healthy, and the City’s positive image.

FINANCIAL IMPACT:

City staff are proposing to use funds from the Emergency Relocation fund created to provide assistance to occupants of housing units, which are required to be vacated due to their dangerous conditions. The funds used for the “Nuisance Abatement” projects would be

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4/3/2024 7:59:03 PM
C:\Program Files\eSCRIBE\TEMP\19585954182\19585954182,,,Report - Abatement of Nuisance 014-021-01.docx reimbursed 100% to this fund on a yearly basis at the time these costs are collected through the property taxes as provided in the “Nuisance Abatement” Ordinance. A lien will be placed on the property to ensure that all costs incurred in this process are paid before any changes of ownership can occur. There would be no impact to the General Fund for this activity.

ALTERNATIVE ACTION:

The City Council could reject the proposed abatement action and allow the nuisance to continue to exist. The City Council could pursue continued notifications and efforts to the responsible party for this property, requiring corrections of the violations and issuing citations for non-compliance.

ATTACHMENTS AND/OR REFERENCES (If any):

1. USICH Planning Checklist: Ending Homelessness for People Living in Encampments:

Advancing the Dialogue

2. Notice to Abate Nuisance

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United States Interagency Council on Homelessness 1
Planning Checklist
Ending Homelessness for People Living in
Encampments: Advancing the Dialogue
To end homelessness for everyone, we must link people experiencing unsheltered homelessness, including people sleeping and living in encampments1, with permanent housing opportunities matched with the right level of services to ensure that those housing opportunities are stable and successful. It is only through the provision of such opportunities that we can provide lasting solutions for individuals and communities. Across the country, many communities are wrestling with how to create effective solutions and provide such housing opportunities for people experiencing unsheltered homelessness. In 2015, USICH created Ending Homelessness for People Living in Encampments: Advancing the Dialogue, a framework for developing local action plans. This Planning Checklist is intended as an accompaniment to that document in order to aid policy-makers, government officials, and practitioners in developing a thoughtful, coordinated, and collaborative plan to ensure that people living in encampments are linked to permanent housing. More detailed information regarding each of the actions identified here is provided within the full document.

Prepare with Adequate Time for Planning and Implementation When developing an action plan:
 Determine Timing. Articulate an action plan timeline so residents can determine their options and partners know the timeline for connecting people to housing.
 Create Shared Purpose, Intent, and Outcomes. Develop a common purpose and intent for all stakeholders that enhances collaborative efforts and helps partners identify resources and activities to achieve shared outcomes.  Develop Shared Protocols/MOU. Create a Memorandum of Understanding that formalizes relationships among stakeholders and delineates protocols.
 Create a Communications Plan. Incorporate a communications strategy on how to interact with the media and respond to questions from community members.
 Identify the Land Owner(s). Consider the needs of the land owner and determine his/her role.  Assess Needs of People Living in the Encampment. Consistently assess the needs of every person.  Identify Adequate Staffing and Resources. Based on the projected need, determine how existing housing and services resources can be aligned to connect people to permanent housing.  Plan for Preventing Encampments from Being Recreated. Create strategies for cleanup measures as well as how the site will be used and/or secured in the future.  Plan for Follow-up Contacts and Tracking Outcomes. Include strategies for following up with people who have been assisted in order to track outcomes.
 Standardize Future Responses. Develop standardized approaches that incorporate law enforcement policies and agreements with housing providers.
 Integrate with the Community’s Strategic Efforts to End Homelessness. Identify lessons that can strengthen the community’s overall homelessness crisis response system.

1 USICH recognizes that different terms are used for such settings—such as “tent cities”—but has chosen to use “encampments” in this document, while encouraging communities to use whatever language works best locally.

Attachment 1

Page 1 of 2 ends

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United States Interagency Council on Homelessness
2 Collaborate Across Sectors and Systems
When developing or expanding a collaborative partnership, engage stakeholders, including:
 People Living in Encampments. To help understand the needs and goals of residents.  Continuum of Care Agencies. To provide expertise in coordinating system-level responses.  Other Social Service and Healthcare Agencies. To provide access to data, resources and expertise.  Community Outreach and Engagement Teams. To help develop the best engagement strategies.  Law Enforcement Agencies. To coordinate outreach and ensure the safety of all.  Local Government Agencies and Officials. To help coordinate government resources and action, specifically:
 Elected Officials
 Planning, Parks and Recreation, and Public Works
 Human or Social Services Departments
 Public Health and Behavioral Health Care Departments
 Business Leaders. To leverage professional relationships to generate support and resources.  Philanthropic Organizations. To involve private funders that have interest in ending homelessness.  Faith-based Organizations. To provide volunteer and financial support.  Advocates. To ensure that the voices of people in encampments are heard and raise other concerns.

Perform Intensive and Persistent Outreach and Engagement Implement outreach and engagement efforts throughout the process, including:
 Identifying All Members of the Encampment By Name and Implement Ongoing Outreach. Having a full understanding of the population is important to scale resources and tailor interventions.  Maintaining a Consistent Presence in the Encampment. Devote adequate time and resources to ensure trusting relationships are being developed with residents.  Maintaining Honest and Transparent Communication. Transparency about the process and timelines ensures trusting relationships are formed.
 Identifying Leadership from within the Encampment. Include such leaders in the process in order to better understand the needs and goals of people and to strengthen relationships.  Cross-Training and Sharing Information. Sharing information among outreach teams increases success by enabling partners to develop shared responses to both crisis and non-crisis situations.  Linking with Housing Search Services. Outreach workers should partner with housing navigators, housing search specialists, and landlord liaisons to help people access housing.

Provide Low-Barrier Pathways to Permanent Housing
To provide a range of housing solutions, consider:
 Applying Housing First Strategies and Practices. Remove obstacles, requirements, and expectations so that people can access housing as quickly as possible.
 Aligning Activities with the Existing Homeless Crisis Response and Coordinated Entry System. Coordinated entry assures people are prioritized for and provided housing and services that meet their needs.  Offering Interim Housing Opportunities and a Clear Path to Permanent Housing. It is important to provide immediate, interim housing without barriers to entry while permanent housing is being secured.  Identifying an Adequate Supply of Housing Options. People will need access to a variety of housing options, including permanent supportive housing, rapid re-housing, and mainstream affordable housing.  Engaging State and Federal Partners. Identify opportunities to align Federal, state, and local funding and programs to provide pathways to permanent housing.

Attachment 1

Page 2 of 2 ends

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City of Watsonville
“A Community of Opportunities”
Community Development
Department
250 Main Street
Watsonville, CA 95076
831-768-3050
[email protected]
www.cityofwatsonville.org
DOCUMENTO IMPORTANTE: Si ocupa traducción hable al 831-768-3050

NOTICE TO ABATE NUISANCE
NOTICE IS HEREBY GIVEN that on March 26, 2024, pursuant to the provisions of Section 5-17.05 of the Watsonville Municipal Code, the City Council of said City passed a resolution declaring that a nuisance exists upon the property located at vacant lot (APN:014-021-01) hereafter defined and described which constitutes a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners, without delay, shall remove such nuisance from such property or such nuisance will be abated by City authorities, in which case the cost of such abatement will be assessed upon the property from which such nuisance shall have been abated, and such costs will constitute a lien upon such property until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. Any person having any objection to the proposed abatement of such nuisance is hereby notified to attend a meeting of the City Council of said City, to be held in the City Council Chambers, on April 9, 2024, at 6:30 p.m., or as soon thereafter as the matter can be heard, when and where objections will be heard and given due consideration.

Definition of nuisance:

Illegal camping, lack of sanitation, abandoned personal property, accumulation of furniture, trash, and debris.

Joseph Desante
Building Official
City of Watsonville
Dated: This 27th day of March, 2024
Attachment 2

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Reso No. (CM)
Meeting Date: 040924 SWZ ______ RM ______ CDD ______1
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE OVERRULING OBJECTIONS, IF ANY, AND ORDERING

ABATEMENT OF A PUBLIC NUISANCE ON PRIVATE PROPERTY AT
VACANT LOT ON AIRPORT BLVD (014-021-01), WATSONVILLE,
CALIFORNIA, PURSUANT TO CHAPTER 17 (NUISANCES) OF TITLE 5 (PUBLIC WELFARE, MORALS, AND CONDUCT) OF THE

WATSONVILLE MUNICIPAL CODE
WHEREAS, on March 26, 2024, the City Council adopted a Resolution declaring that the condition of the vacant lot located on Airport Blvd (APN: 014-021-01), Watsonville, California, is injurious to health, indecent, offensive to the senses, negative impacts to the environment and a public nuisance and should be abated or removed in order to protect the public health, safety and welfare; and WHEREAS, a public hearing was set and noticed for Tuesday, April 9, 2024, at 6:30 pm., in the City Council Chambers, 275 Main Street, 4th Floor, as the time and place for a public hearing to hear any objection to the proposed destruction or removal of the public nuisance.

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

1. Adopting a Resolution ordering abatement for APN: 014-021-01 does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That any and all objections to the proposed clearance of abandoned property, removal of structures, removal of tents, removal of furniture, removal of trash, weeds and debris upon the private property as reported by the Building Official are hereby overruled.

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Reso No. (CM)
Meeting Date: 040924 2

3. That the Building Official is hereby authorized and directed to abate such nuisance or cause the same to be abated, by securing the property and having all structures, tents, furniture, scrap metals, weeds, trash, and debris removed by any legal method, and the Building Official and his deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon said private property for that purpose.
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Public Hearing for the Proposed
Abatement of a Nuisance Property.

Ruben Vargas
Sr. Code Enforcement Officer
Community Development Department
City of Watsonville

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APN: 014-021-01
Santa Cruz County

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Aerial View
APN: 014-021-01
• Vacant Lot within District 3
• KDS Dhaliwal Investment Inc
Karam Singh, VP
Kulwinder Singh, President

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Tent
Structures
• Initial inspection
conducted on July 3, 2023
• Tents and tent like
structures erected near the
water way.

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More Tent
Structures
• Furniture, Chairs
• Personal belongings
• Cooking Apparatus
• Trash & debris

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Trash and
Debris
• Piles of Trash &
debris throughout
property

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Contaminating
our Water Way
• Washing & bathing in
the water way
• Trash and debris in
creek

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Drug
Paraphernalia
• Used needles scattered
throughout Property
• These needles could
be picked up by kids
walking by on Airport
Blvd

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Narcan
• Drug use runs
rampant at this
encampment

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On going
Construction
• New Buildings are
being erected as we
speak
• Real estate near the
water way is almost
non- existent.

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Chronological
List of Events
• Case initiated on July 3,
2023. Notice of Violation issued
to owner of record.
• July 6, 2023, Code Enforcement
Staff met with Karam Singh VP
of KDS Dhaliwal (owner).
• July 20, 2023, follow up
inspection, encampment visually
bigger

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Chronological
List of Events
Continued
• July 31, 2023, A follow up
Inspection, encampment larger
more tents, and trash.
• August 2, 2023, Mr. Karam Singh
and his designer met with
Planning and Code Enforcement
Personnel
• Code Enforcement conducted
many more site visit.
• March 11, 2024, A call to Mr.

Singh to try to avoid abatement
process.

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At this time, we are requesting that the City
Council directs/authorizes the building
official to Abate the Nuisance at this vacant
lot (APN: 014-021-01) without delay.

Presented by: Ruben Vargas, Sr. Code Enforcement Officer Community Development Department
Code Enforcement Division
(831) 768-3050

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Watsonville City CouncilApril 9, 2024

Watsonville City Council
April 9, 2024