AGENDA
CITY OF WATSONVILLE
SPECIAL JOINT COUNCIL, SUCCESSOR HOUSING AGENCY,
& SUCCESSOR AGENCY MEETING
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Maria Orozco, Mayor, District 3
Kristal Salcido, Mayor Pro Tempore, District 4
Eduardo Montesino, Council Member, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Casey K. Clark, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Ari Parker, Council Member, District 7
Tamara Vides, City Manager
Samantha W. Zutler, City Attorney
Irwin I. Ortiz, City Clerk
Location:
City of Watsonville
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Pursuant to Government Code Section 54953(b), Council Member Clark will be participating in the meeting via teleconferencing from: 751 Larkin Valley Road, Watsonville, CA 95076.
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes
IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR
SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.
SPANISH INTERPRETATION WILL BE AVAILABLE
Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3010.
AGENDA
CITY OF WATSONVILLE
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY, AND SUCCESSOR HOUSING AGENCY
City of Watsonville
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Pursuant to Government Code Section 54953(b), Council Member Clark will be participating in the meeting via teleconferencing from: 751 Larkin Valley Road, Watsonville, CA 95076.
Wednesday, November 5, 2025, 4:30 p.m.
City Council Chambers : 275 Main Street, Top Floor (Special Meeting) Pages
1. ROLL CALL
2. CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:
PUBLIC COMMENTS REGARDING ONLY THE CLOSED SESSION AGENDA WILL BE ACCEPTED BY THE CITY COUNCIL AT THIS TIME.
The City Council of the City of Watsonville will recess to Closed Session to discuss the matters that follow:
2.a CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(a))
Name of case: City of Watsonville v Elite Hospitality Group, LLC., et al, Santa Cruz Superior Court - Case No. 25CV02630
2.b CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Section 54956.9(b))
Significant exposure to litigation pursuant to subdivision (b)(1) of Section 54956.9: [2 cases]
CITY COUNCIL RESUMES AT 6:00 P.M.
3. ROLL CALL
3.a MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
4. PLEDGE OF ALLEGIANCE
5. ORAL COMMUNICATIONS
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to staff for clarification and report.
ALL SPEAKERS ARE ASKED TO FILL OUT A SPEAKER CARD & LEAVE IT AT THE PODIUM. SPEAKERS ARE ASKED TO ANNOUNCE THEIR NAME AND DISTRICT IN
WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.
5.a ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH) 6
5.b ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH)
6. REPORT OUT OF CLOSED SESSION
7. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions that are considered to be routine and will be acted upon as one motion. Any items removed will be considered immediately after the motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
7.a AWARD CONTRACT TO KIMLEY-HORN & ASSOCIATES, INC., TO
PROVIDE AIRPORT PLANNING & ENVIRONMENTAL CONSULTANT
SERVICES TO THE WATSONVILLE MUNICIPAL AIRPORT (Recommended by Airport Director Williams)
30 RESOLUTION AWARDING CONTRACT TO KIMLEY-HORN &
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $500,000, TO
PROVIDE AIRPORT PLANNING & ENVIRONMENTAL CONSULTANT
SERVICES TO THE WATSONVILLE MUNICIPAL AIRPORT, WHICH WILL
BE FUNDED BY FEDERAL AVIATION ADMINISTRATION GRANTS AT THE RATE OF NINETY PERCENT (90%) OF TOTAL PROJECT COST WITH FIVE (5%) PERCENT FROM CALTRANS AERONAUTICAL DIVISION AND FIVE (5%) PERCENT FUNDED BY THE AIRPORT ENTERPRISE FUND
7.b APPROVE LEASE AGREEMENT WITH TIM M. WOOD DBA WOODY’S AT THE AIRPORT FOR AIRPORT RESTAURANT FACILITY (Recommended by Airport Director Williams)
63 RESOLUTION APPROVING A THREE-YEAR LEASE WITH ONE (1) FOURYEAR OPTION TERM BETWEEN THE CITY OF WATSONVILLE & TIM M.
WOOD, DBA WOODY’S AT THE AIRPORT, FOR THE AIRPORT
RESTAURANT FACILITY LOCATED AT 100 AVIATION WAY,
WATSONVILLE, CALIFORNIA, & AUTHORIZING & DIRECTING THE CITY
MANAGER TO EXECUTE SAME & ANY AMENDMENTS THERETO OF A
NON-SUBSTANTIVE NATURE SUBJECT TO LEGAL APPROVAL
7.c APPROVE & AUTHORIZE NEW & REVISED PUBLIC WORKS & UTILITIES 90
JOB CLASSIFICATIONS
1) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER LEAD OPERATOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $46.13- $61.82 PER HOUR OR $7,996.00-$10,715.40 PER MONTH
2) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER OPERATIONS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51 PER MONTH
3) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER DIVISION
MANAGER (MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $62.95-$84.36 PER HOUR OR $10,911.40-$14,622.34 PER MONTH 4) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER SERVICES
SUPERINTENDENT (MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $51.80-$69.41 PER HOUR OR $8,977.83-$12,031.11 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
WATER SERVICES MANAGER
5) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR COLLECTION SYSTEMS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $45.40-$60.84 PER HOUR OR $7,869.59-$10,545.99 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
COLLECTION SYSTEMS MANAGER
6) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WASTEWATER
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51
PER MONTH
7) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR FIELD SERVICES
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13 PER MONTH
8) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR SOLID WASTE
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13
PER MONTH
9) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR LANDFILL SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $40.36- $54.09 PER HOUR OR $6,995.87-$9,375.13 PER MONTH
10) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR ENVIRONMENTAL
COMPLIANCE DIVISION MANAGER (MANAGEMENT) AT THE
ESTABLISHED SALARY RANGE OF $62.95-$84.36 PER HOUR OR
$10,911.40-$14,622.34 PER MONTH & REPEALING THE JOB
CLASSIFICATION & DESCRIPTION OF ENVIRONMENTAL
SUSTAINABILITY MANAGER
7.d APPROVE MOU WITH PUBLIC SAFETY MID-MANAGEMENT FOR FY 2025- 2028
154
RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY & THE PUBLIC SAFETY MID-MANAGEMENT UNIT FOR FISCAL YEARS 2025-2028
8. ITEMS REMOVED FROM CONSENT AGENDA
9. PUBLIC HEARINGS, ORDINANCES, & APPEALS
9.a CONSIDER OPTIONS REGARDING PLA: 1) ADOPT SIDE LETTER PRESENTED BY TRADES COUNCIL; OR 2) RESCIND RESOLUTION NO. 119-14 (CM) & INTRODUCE AMENDMENT TO ORDINANCE NO. 1295-13 177
1) Staff Report by Public Works & Utilities Director Lindberg 2) City Council Clarifying & Technical Questions
3) Public Comments
4) Appropriate Motion
5) City Council Deliberation on Motion
6) Action on Resolution Rescinding Resolution No. 119-14 (CM) 7) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, an Ordinance Amending Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of Title 7 (Public Works) of the Watsonville Municipal Code Authorizing the Use of Project Labor Agreements for Certain City Funded Construction Projects
10. EMERGENCY ITEMS ADDED TO AGENDA
11. ADJOURNMENT
This agenda was posted in accordance with the California Ralph M. Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://watsonville.gov/2123/City-Council-Agendas-Minutes and is available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours. Any materials related to an item on this Agenda submitted to the Council after the distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.
Public comments received three (3) hours or more before the meeting will be included
in the online agenda packet before the meeting starts. All comments received less than three (3) hours, during the meeting, or after the conclusion of the meeting will be uploaded to the agenda packet as soon as possible, depending on staff availability.
Watsonville City Council
275 Main Street
Watsonville, CA 95076
ATTN: Mayor Maria Orozco
Dear Mayor Orozco and City Councilmembers,
3441 Redwood Drive
Aptos, CA 95003
November 5, 2025
I continue to be concerned about the perceived Conflict of Interest regarding the fact that Mayor Orozco is employed by Santa Cruz County as Analyst for 4th District County Supervisor Felipe Hernandez. Supervisor Hernandez currently serves as the Chairman of Board.
This concern is now heightened by the actions of the County Supervisors at the November 4, 2025 meeting, in Item #9 County of Santa Cruz Board of Supervisors (attached) that included monetary agreement by the Watsonville City Council:
Agenda Item Submittal
From: Office of Response, Recovery and Resilience
Subject: Declaration of Local Emergency Due to Food Insecurity from Federal Government Shutdown
Meeting Date: November 4, 2025
Formal Title: Consider adopting a resolution declaring a local emergency impacting vulnerable residents due to lack of federal financial support for the Supplemental Nutrition Assistance Program, approve a contribution up to $500,000 for emergency food procurement and distribution through Second Harvest Food Bank Santa Cruz County, and take related actions - 4/5 vote required
At the beginning of the meeting, the Chairman announced the Board had received an additional document on this item that included adding a $100,000 contribution from the City of Watsonville.
The Board unanimously approved the Resolution to declare the local emergency and accept all contributions as stated in staff presentations by Ms. Kimberly Petersen, Deputy Director of County Human Services Department, and Ms. Erica Padilla-Chavez, CEO of Second Harvest Food Bank.
Subsequently, County Public Information Officer Mr. Jason Hoppin released news of this action, which included the City of Watsonville's $100,000 Contribution. (see attached) I reviewed your Council's agenda items and actions for October 28, 2025. There was no discussion of the City of Watsonville's participation in a Loca I Emergency.
I have reviewed the agenda for your Council's November 5, 2025 Special Meeting tonight, but do not see the issue included in the agenda. I can only assume that it will be added as an emergency item by Mayor Orozco.
This course of action causes great concern regarding the Conflict of Interest present in having Mayor Orozco employed in the office of Chairman of the Board of Supervisors.
I have privately discussed the issue of Conflict of Interest with Mayor Orozco following her action on October 28, 2025 to modify the letter to the County Board of Supervisors regarding the Seahawk Energy BESS project at 90 Minto Road (MOTION APPROVING LETTER TO THE
COUNTY BOARD OF SUPERVISORS STATING WATSONVILLE COMMUNITY
CONCERNS REGARDING BATTERY ENERGY STORAGE SYSTEM FACILITY ON MINTO ROAD (Recommended by Council Members Parker, Quiroz-Carter, and Clark), thereby changing the intent of the letter to support the County's BESS Ordinance process.
The letter had been on the consent agenda until pulled by Councilmember Dutra, and thus provoking the addition of Mayor Orozco's modifications that were ultimately approved, under protest of Councilmember Clark.
Please discuss this serious issue publicly.
Sincerely,
·'-7 ------ Becky Steinbrutlr'
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""' err, OJI
SANTA
CBHZ Watsonville
--CAUfOIN\A
SANTACRUZ
E°o u c A f'i'oill
NEWS RELEASE
G COMMUN ITY FOUNDATION "' S ANTA C R UZ C OU N TY
November 4, 2025
[email protected]
LOCAL AGENCIES JOIN FORCES TO SUPPORT SECOND HARVEST, REDUCE
FOOD INSECURITY DURING SHUTDOWN
In an extraordinary show of regional collaboration, local governments and community partners across Santa Cruz County are joining forces to keep food on the table and address increasing food insecurity for residents affected by the federal government shutdown.
The County of Santa Cruz, the Santa Cruz County Office of Education, the City of Watsonville, the City of Santa Cruz, and Community Foundation Santa Cruz County have pledged more than $1 million to support Second Harvest Food Bank Santa Cruz County's emergency food distribution efforts, pending formal approval by their respective governing bodies.
Local leaders are also encouraging businesses, service organizations, and philanthropic partners throughout Santa Cruz County to join this collaborative effort. Second Harvest Food Bank is working to source and distribute millions of pounds of food to meet emergency needs, and every contribution - large or small- makes a measurable difference. Local partners are invited to donate funds to help ensure that no family in our community goes without food during the federal shutdown.
The combined contributions include:
• County of Santa Cruz- $500,000
• Santa Cruz County Office of Education - $250,000
• City of Watsonville-$100,000
• City of Santa Cruz-$100,000
• Community Foundation Santa Cruz County- $100,000
These funds will help Second Harvest respond to a surge in need caused by the suspension of Supplemental Nutrition Assistance Program (SNAP/CalFresh) benefits during the federal shutdown. Approximately 33,000 local residents depend on SNAP, representing roughly $6.5 million in monthly food spending that has been interrupted. "This unified regional response shows what our community can accomplish together," Santa Cruz County Board Chair Felipe Hernandez said. "I'd like to thank CEO Nicole
Coburn for organizing this effort. We are working side by side to ensure that no family in Santa Cruz County goes hungry during this crisis."
"We know students can't learn on an empty stomach," County Superintendent of Schools Dr. Faris Sabbah said. "With families at risk of losing nutrition support during the federal shutdown, we must step forward to strengthen school-based food distribution and meet the growing needs across our community."
"In Watsonville, we've seen firsthand how families are struggling to stretch their budgets," Watsonville Mayor Maria Orozco said. "Approving this contribution would reflect our shared commitment to supporting the community when it needs us most." "The City of Santa Cruz is proud to stand with our regional partners," said Santa Cruz Mayor Fred Keeley said. "Food insecurity affects every part of the county, and it takes all of us to ensure our neighbors are cared for."
"Since spring, when the USDA trucks headed to food banks were turned around, the outpouring of support from the Community Foundation's donors has reflected the true spirit of generosity that powers our county," said Susan True, CEO of Community Foundation Santa Cruz County. "Along with county and city partners, we can continue to provide food for thousands of families during this uncertain time." Second Harvest estimates it needs approximately $1 million per month to meet the increased demand for food assistance as the shutdown continues. The coordinated local response will help bridge that gap while the region awaits the restoration of federal aid. "The collective response by our local governments and philanthropic partners is a demonstration of our local commitment to ensuring no one in our county goes hungry," Second Harvest CEO Erica Padilla-Chavez said. "Only by working together can we weather this challenging time. We should all feel proud of our county's response to this unprecedented situation."
While there have been court actions toward delivery of food support for 43 million Supplemental Nutrition Assistance Program enrollees nationwide-1 out of every 8 Americans - it remains unclear when benefits would become available, what percentage of regular benefits would be available, whether beneficiaries would be made whole once the shutdown ends and how long those benefits would be available should the shutdown persist into December and beyond.
How Residents Can Help
Community members can make tax-deductible donations directly to Second Harvest Food Bank at www.thefoodbank.org or volunteer to help with food distribution.
For information on where to find emergency food resources, visit:
• www.santacruzcountyca.gov/Sanctuary
• www santacruzcoun ca. ov/Santuario
County of Santa Cruz Board of Supervisors
Agenda Item Submittal
From: Office of Response, Recovery and Resilience
Subject: Declaration of Local Emergency Due to Food Insecurity from Federal Government Shutdown
Meeting Date: November 4, 2025
Formal Title: Consider adopting a resolution declaring a local emergency impacting vulnerable residents due to lack of federal financial support for the Supplemental Nutrition Assistance Program, approve a contribution up to $500,000 for emergency food procurement and distribution through Second Harvest Food Bank Santa Cruz County, and take related actions - 4/5 vote required
Recommended Actions
1 . Adopt a resolution declaring a Local Emergency for the food insecurity brought on by the federal government shutdown and lack of financial support for the Supplemental Nutrition Assistance Program (SNAP) in Santa Cruz County;
2. Upon adoption, direct staff to forward the resolution to the Governor of California with the request that he proclaim the County of Santa Cruz to be in a state of emergency, and further that the Governor request State funding assistance;
3. Direct staff to inform the County's state and federal delegation of the Board's actions;
4. Approve a contribution up to $500,000 for emergency food procurement and distribution through Second Harvest Food Bank Santa Cruz County in support of SNAP (CalFresh in California);
5. Authorize the Human Services Department (HSD) to execute or amend an agreement with Second Harvest Food Bank Santa Cruz County in an amount up to $500,000 for emergency food procurement and distribution, with approval of the County Executive Office (CEO) and County Counsel, and direct HSD to return to the Board for contract ratification; and
6. Authorize the CEO and Auditor-Controller-Treasurer-Tax Collector to implement reductions up to $500,000 from discretionary Fiscal Year 2025-26 service and supply appropriations, prefunded by a reduction in General Fund Contingencies, and realign appropriations to provide up to $500,000 in support of SNAP recipients by four-fifths vote.
Executive Summary
The expiration of federal Supplemental Nutrition Assistance Program (SNAP) allotments due to the federal government shutdown has dramatically reduced food assistance for thousands of low-income households in Santa Cruz County, worsening food insecurity and economic hardship. Local food banks and community organizations expect unprecedented demand that far exceeds their current resources. Declaring a local emergency will enable the County to request additional state support, coordinate resources more effectively, and work to safeguard vulnerable residents to the greatest extent possible. Contributing up to $500,000 will allow the County to scale up to directly ltem9
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support providing food resources for SNAP (CalFresh in California) recipients and community food distribution programs.
Discussion
The expiration of SNAP allotments due to the federal government shutdown has created a sudden and measurable gap in household food resources, especially for low-income families and individuals who relied on the benefits. The County estimates that more than 35,000 residents obtain nutrition support services like SNAP, representing $6.5 million in monthly benefits previously accessed by local residents.
Local partners, including Second Harvest Food Bank Santa Cruz County (Second Harvest) and other community-based organizations, are reporting sharp increases in food distribution requests and diminished inventories. This situation places additional strain on local governments and nonprofits already contending with overlapping challenges from inflation, housing insecurity, and ongoing disaster recovery needs.
Declaring a local emergency will enable a more coordinated response, aligning County departments, regional partners, and state agencies to identify and deploy stop-gap funding to mitigate the immediate impacts of food insecurity and sustain local food access efforts.
The County Executive Office (CEO) has been coordinating with Second Harvest on a strategy to scale up emergency food procurement and distribution for November and December should there be a prolonged federal government shutdown. Second Harvest calculated a monthly cost of approximately $1 million to feed an additional 25,000 people in Santa Cruz County. Over two months, more than $2 million would be required to fund emergency food procurement and distribution. Second Harvest received $700,000 from the State of California from the $80 million emergency funding in the Fiscal Year (FY) 2025-26 budget. This leaves a gap of $1.3 million.
The CEO recommends a contribution up to $500,000 for emergency food procurement and distribution through Second Harvest. The Human Services Department (HSD) would be authorized to enter into a new or amended agreement with Second Harvest in an amount up to $500,000, with approval of the CEO and County Counsel, and directed to return to the Board for contract ratification. The new or amended agreement would allow for a modification to this amount if the federal government shutdown were to end in early to mid-November.
The CEO and Second Harvest reached out to the Cities of Capitola, Santa Cruz, Scotts Valley and Watsonville as well as the Community Foundation and County Office of Education to generate contributions towards this effort. The City of Santa Cruz indicated it will recommend a contribution of $100,000 at the November 18th Council meeting.
The Community Foundation will contribute $100,000. The County Office of Education will contribute $250,000. This results in total contributions of $950,000, leaving a gap of $350,950.
As part of this strategy, the CEO and Auditor-Controller-Treasurer-Tax Collector would be authorized to implement reductions of up to $500,000 from discretionary service and supply appropriations across General Fund departments, to realign those appropriations to the proper budget unit(s) to provide direct support through emergency food procurement and distribution for SNAP recipients through Second Harvest. This internal funding measure demonstrates that the County recognizes the severity of the crisis and ltem9
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commitment to mobilizing all available resources to protect vulnerable residents while continuing to advocate for State assistance. It also demonstrates fiscal responsibility by providing operating reductions rather than depleting one-time contingencies or reserves that are already critically constrained.
The County's reserve levels currently stand at only 12.5% of operating expendituresbelow our policy target of 15% and less than half the reserve levels maintained by comparable counties. Given our chronic structural underfunding and the essential role these reserves play in maintaining our credit rating and respond to unforeseen disasters and other emergencies, drawing down reserves now would compromise the County's long-term fiscal stability and our capacity to respond to future, larger crises.
Financial Impact
The General Fund would provide up to $500,000 to support SNAP recipients who lose their benefit as a result of the federal shutdown. The CEO and Auditor-ControllerTreasurer-Tax Collector would be authorized to implement reductions and realign appropriations in the General Fund and provide for any payment(s) to Second Harvest.
This would be funded initially by General Fund Contingencies and ultimately by a reduction of up to $500,000 in General Fund service and supply appropriations in the County's FY 2025-26 Budget.
Strategic Initiatives
Equity Framework - Leadership, Operations & Services, Community Voices & Partnership
Operational Plan - Comprehensive Health & Safety
Climate Action - Government Operations
Submitted By:
David Reid, Director
Recommended By:
Nicole D. Coburn, County Executive Officer
Artificial Intelligence Acknowledgment:
Artificial Intelligence (Al) did not significantly contribute to the development of this agenda item.
ltem9
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Docusign Envelope ID: D2C38DB5-2DD4-48E0-88BA-1315A445C38F
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CRUZ, ST A TE OF CALIFORNIA
RESOLUTION NO. ----
On the motion of Supervisor __ _
Duly seconded by Supervisor __ _
The following resolution is adopted.
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SANTA CRUZ PROCLAIMING A LOCAL EMERGENCY ASSOCIATED
WITH LOSS OF FUNDING FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM
WHEREAS, pursuant to Government Code section 8550 et seq. and Santa Cruz County Code Chapter 2.26, the Board of Supervisors may proclaim the existence of a local emergency when the County is faced with conditions of disaster or extreme peril to the safety of persons and property within the County as defined under Government Code section 8558(c); and WHEREAS, the Federal government shutdown and the associated loss of funding for the Supplemental Nutrition Assistance Program (SNAP) effective on November 1, 2025 places the County's food insecure residents in extreme peril; and
WHEREAS, over 35,000 County residents are currently supported by SNAP financial resources of over $6.5 million on a monthly basis; and
WHEREAS, the County's non-profit partners, particularly the Second Harvest Food Bank, supporting vulnerable residents in the County are in need of financial and staffing support to address this pressing issue; and
WHEREAS, the County recognizes that the scale of the impact of the loss of SNAP funding exceeds the County's financial capacity to backfill;
NOW, THEREFORE, the Board of Supervisors of the County of Santa Cruz hereby resolves and proclaims a Local Emergency exists with regard to the loss of SNAP funding for County residents and that said Local Emergency shall be deemed to continue to exist until it is terminated by law.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this __ day of ______ , 2025 by the following vote:
Ill
Ill
ltem9
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--+
Docusign Envelope ID: D2C38OB5-2DD4-48E0-88BA-1315A445C38F AYES:
NOES:
ABSENT:
ABSTAIN:
FELIPE HERNANDEZ
Chair of the Board of Supervisors
ATTEST:
JULIETTE REZZATO
Clerk of the Board
APPROVED AS TO FORM:
JASON M. HEATH
Office of the County Counsel
Distribution: Board of Supervisors
Governor Newsom
Santa Cruz County Sheriff-Coroner
Santa Cruz County Office of Response, Recovery and Resilience Congressmember Jimmy Panetta
Senator John Laird
Assemblymember Gail Pellerin
Assemblymember Robert Rivas
Assemblymember Dawn Addis
California Office of Emergency Services
Second Harvest Food Banlc
County Counsel
Item 9
Packet Page 33
Odocusign.
Certificate Of Completion
Envelope Id: D2C38DB5-2DD4-48E0-88BA-1315A445C38F Status: Completed Subject: Complete with Docusign: BOS Resolution_2025.11 .04_EmergencyFoodDistribution.Final.docx-UPDATED.pdf Source Envelope:
Document Pages: 2
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 1
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
10/30/2025 8:59:32 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Jason M. Heath
[email protected]
County Counsel -- Approved as to Form
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/30/2025 9:01 :32 AM
ID: 26a07982-2f77-4e3d-9b37-499758193e58
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Juliette Robinson
[email protected]
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
Accepted: 6/12/2025 9:45:33 AM
ID: def980b0-8de4-4 751 -8593-a21 d008e8e8a
Witness Events
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Envelope Sent
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Signing Complete
Holder: Annie Puckett
Annie. [email protected]
Pool: FedRamp
Pool: County of Santa Cruz
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 63.194.190.100
Signature
Status
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COPIED
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Envelope Originator:
Annie Puckett
701 Ocean Street
Santa Cruz, CA 95060
[email protected]
IP Address: 63.194.190.100
Location: DocuSign
Location: Docusign
Timestamp
Sent: 10/30/2025 9:00:55 AM
Viewed: 10/30/2025 9:01 :32 AM
Signed: 10/30/2025 9:01 :58 AM
Timestamp
Timestamp
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Sent: 10/30/2025 9:01 :59 AM
Timestamp
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Timestamps
10/30/2025 9:00:55 AM
10/30/2025 9:01 :32 AM
10/30/2025 9:01 :58 AM
Item 9
Packet Page 34
Watsonville
----CAUIOU 4!A
AGENDA
CITY OF WATSONVILLE
JOINT MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY, AND SUCCESSOR HOUSING AGENCY
City of Watsonville
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Pursuant to Government Code Section 54953(b), Council Member Clark will be participating in the meeting via teleconferencing from: 751 Larkin Valley Road, Watsonville, CA 95076. Mayor Pro Tempore Salcido will be participating in the meeting via teleconferencing from: 65 Peppertree Lane, CA, 95076
Tuesday, October 28, 2025 at 4:30 p.m.
1. ROLLCALL
2. CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:
PUBLIC COMMENTS REGARDING ONLY THE CLOSED SESSION AGENDA WILL BE ACCEPTED BY THE CITY COUNCIL AT THIS TIME.
The City Council of the City of Watsonville will recess to Closed Session to discuss the matters that follow:
2.a PERSONNEL MATTERS
(Government Code Section 54957)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Trtle: [City Manager]
CITY COUNCIL RESUMES AT 5:30 P.M.
3. ROLLCALL
3.a MOTION TO EXCUSE ABSENT COUNCIL MEMBER(~UlunY.)
4. PLEDGE OF ALLEGIANCE
5. INFORMATION ITEMS
5.a REPORT OF DISBURSEMENTS
5.b MISCELLANEOUS DOCUMENTS REPORT
5.c 2025 3RD QUARTER COMMISSIONER ATTENDANCE REPORT
5.d WRITTEN REPORTS BY COUNCIL MEMBERS
6. ORAL COMMUNICATIONS
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to staff for clarification and report.
ALL SPEAKERS ARE ASKED TO FILL OUT A SPEAKER CARD & LEAVE IT AT THE PODIUM. SPEAKERS ARE ASKED TO
ANNOUNCE THEIR NAME AND DISTRICT IN WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.
6.a ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH)
6.b ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH) 1 _r.4 11 / C/,.,.fV''IC "'I.C l n'\#
7. REPORT OUT OF CLOSED SESSION
8. PRESENTATIONS
8.a MAYOR'S PROCLAMATION RECOGNIZING THE RUSTIC TABLE
8.b MAYOR'S PROCLAMATION RECOGNIZING ERIK'S DELICAFE
8.c MAYOR'S PROCLAMATION RECOGNIZING PAJARO VALLEY SHELTER SERVICES
8.d MAYOR'S PROCLAMATION RECOGNIZING INDEPENDENCE SQUARE HOUSING CORPORATION
8.e GREEN BUSINESS AWARDS @
GREEN BUSINESS AWARDS RECOGNITION FOR CERTIFIED GREEN BUSINESSES MODELING ENVIRONMENTALLY
SUSTAINABLE PRACTICES, CLIMATE PROTECTION, POLLUTION PREVENTION, & THE CONSERVATION OF NATURAL
RESOURCES
8.f CENTRAL COAST COMMUNITY ENERGY (3CE) ANNUAL UPDATE BY SOPHIA SCHWIRZKE,
COMMUNITY RELATIONS MANAGER, & DAS WILLIAMS, SENIOR ADVISOR FOR POLICY & LEGISLATIVE
AFFAIRS
9. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions that are considered to be routine and will be acted upon as one motion. Any items removed will be considered immediately after the motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
9.a MOTION APPROVING MINUTES OF OCTOBER 14, ~
9.b MOTION APPROVING LETTER TO THE COUNTY BOARD OF SUPERVISORS STATING WATSONVILLE
COMMUNITY CONCERNS REGARDING BATTERY ENERGY STORAGE SYSTEM FACILITY ON MINTO .RQAD_(Recommended by Council Members Parker, Quiroz-Carter, and Clark
9.c APPROVE EIGHTH AMENDMENT TO AGREEMENT WITH DOCUSIGN, INC. FOR ELECTRONIC SIGNATURE SOLUTION SERVICES I Recommended by_,Ci_ty Clerk Ortiz)
RESOLUTION APPROVING EIGHTH AMENDMENT TO AGREEMENT WITH DOCUSIGN, INC. FOR ELECTRONIC
SIGNATURE SOLUTION SERVICES, INCREASING CONTRACT COMPENSATION, IN AN AMOUNT NOT TO EXCEED $47,567.52
9.d APPROVE FOURTH AMENDMENT TO CITY CLERK EMPLOYMENT CONTRACT @
RESOLUTION APPROVING FOURTH AMENDMENT TO EMPLOYMENT CONTRACT BETWEEN THE CITY OF
WATSONVILLE & IRWIN IVAN ORTIZ FOR EMPLOYMENT AS CITY CLERK
9.e APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH J. JOHNSON & COMPANY, INC., FOR THE 2024-2025 CITYWIDE SIDEWALK REPAIR PROJECT (Recommended bY. Public Works & Utilities Director .l.irutbfil'g)
RESOLUTION APPROVING CONTRACT CHANGE ORDER NO. 1 WITH J. JOHNSON & COMPANY, INC., FOR THE 2024-2025 CITYWIDE SIDEWALK REPAIR PROJECT, ADDING TO THE SCOPE OF WORK, INCREASING THE COMPENSATION BY $166,000
9.f APPROVE FIRST AMENDMENT TO CONTRACT WITH POLYDYNE, INC., OBA SNF POLYDYNE, INC. FOR PURCHASE OF FLOCCULANT POLYMER CHEMICAL & DELIVERY (Recommended by Public Works & Utilities Director Lindberg)
RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH POLYDYNE, INC., OBA SNF POLYDYNE, INC., FOR THE PURCHASE & DELIVERY OF POLYMER CHEMICALS USED IN WASTEWATER TREATMENT &
RECYCLED WATER PRODUCTION AS A SOLE SOURCE PROVIDER, INCREASING THE CONTRACT AMOUNT BY $420,000 FOR A TOTAL AMOUNT NOT TO EXCEED $670,000 FOR FY 2025-2026; & AUTHORIZING & DIRECTING THE CITY MANAGER TO EXECUTE SAME (FUNDED FROM THE WASTEWATER ENTERPRISE FUND); & FINDING THE
APPROVAL EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301
9.g APPROVE FIRST AMENDMENT TO CONTRACT WITH PANTHER PROTECTIVE SERVICES, INC. FOR @ SECURITY SERVICES AT CITY PARKING GARAGES {Recommended bY. Cin, Manager Vides) RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH PANTHER PROTECTIVE SERVICES, INC., INCREASING THE CONTRACT TOTAL BY $76,205 FOR A REVISED TOTAL CONTRACT AMOUNT NOT TO EXCEED $150,000 & EXTENDING THE TERM TO JUNE 30, 2027 FOR SECURITY SERVICES
9.h AWARD CONTRACT TO BRANDLEY ENGINEERING, INC,FOR ENGINEERING & CONSULTING SERVICES @ FOR THE MUNICIPAL AIRPORT (Recommended by.AirP-ort Director Williams) RESOLUTION AWARDING CONTRACT TO BRANDLEY ENGINEERING, INC., FOR A TOTAL COMPENSATION AMOUNT 11 f C l''HV \ C -, ,c , rn•
\..,H J V VWll.,U J.\IJ,1.,1.,UJ 'c - \J\.,lVUl.,1 ..:.u, ..:.v..:.J NOT TO EXCEED $2,500,000 TO PROVIDE VARIOUS ENGINEERING & CONSULTING SERVICES TO THE MUNICIPAL AIRPORT (Kl/WI), WHICH WILL BE FUNDED BY FEDERAL AVIATION ADMINISTRATION GRANTS AT A RATE OF NINETY PERCENT (90%) OF TOTAL PROJECT COST WITH FIVE (5%) PERCENT FROM CAL TRANS AERONAUTICAL DIVISION & FIVE PERCENT (5%) FUNDED BY THE AIRPORT ENTERPRISE FUND
9.i RESCIND RESOLUTION NO, 238-25 (~) & AUTHORIZE PURCHASE OF TWO HEAVY DUTY EQUIPMENT VEHICLES FROM PAPE MACHINERY INC. (Recommended by Public Works & Utilities Director Lindberg) RESOLUTION RESCINDING RESOLUTION NO. 238-25 (CM) & AUTHORIZING THE PURCHASE OF TWO (2) HEAVY DUTY EQUIPMENT VEHICLES 1) JOHN DEERE 325G COMPACT TRACK LOADER & 2) JOHN DEERE 444G TIER WHEEL LOADER, FROM PAPE MACHINERY, INC., AN AUTHORIZED SOURCEWELL DEALER, IN AN AMOUNT NOT TO EXCEED $320,000; & AUTHORIZING & DIRECTING CITY MANAGER TO EXECUTE PURCHASE ORDER WITH PAPE MACHINERY INC. INCLUDING ANY EXTENSIONS OR AMENDMENTS THEREOF IN ORDER TO IMPLEMENT THIS
PURCHASE
9.j APPROVE LEASE AGREEMENT WITH MONTEREY BAY AIR RESOURCES DISTRICT FOR 275 MAIN SL, SUITE 104 (Recommended by City Manager Vjdes)
RESOLUTION APPROVING A TWO-YEAR LEASE AGREEMENT WITH ONE TWO-YEAR EXTENSION OPTION WITH THE MONTEREY BAY AIR RESOURCES DISTRICT FOR OFFICE SPACE LOCATED AT 275 MAIN STREET, SUITE 104,
WATSONVILLE, CALIFORNIA & AUTHORIZING & DIRECTING THE CITY MANAGER TO EXECUTE SAME & ANY AMENDMENTS THERETO OF A NON-SUBSTANTIVE NATURE; & FINDING PROJECT EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301
9.k ACCEPT GAMETIME COMMUNITY CHAMPIONS PLAYGROUND GRANT FOR NEW PLAYGROUND AT @ CHERRY BLOSSOM PARK (Recommended by~RY!Y....Qi!y~ger Calubaquib) RESOLUTION ACCEPTING THE GAMETIME COMMUNITY CHAMPIONS PLAYGROUND GRANT OF $39,112 FOR A NEW CHERRY BLOSSOM PARK PLAYGROUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE
ORDER FOR THE PLAYGROUND & INSTALLATION & FINDING THE ACTION EXEMPT FROM REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15302 (CLASS 2)
9.1 PROPOSED ASSESSMENT BALLOTS FOR THE SANTA CRUZ COUNTY MOSQUITO & VECTOR CONTROL @ MANAGEMENT SERVICES (Recommended by~_Mm;ig~)
RESOLUTION AUTHORIZING THE CITY MANAGER TO VOTE "YES" ON THE CITY'S ASSESSMENT BALLOTS FOR
CITY-OWNED PARCELS FOR THE SANTA CRUZ COUNTY MOSQUITO, VECTOR, & DISEASE CONTROL PROPOSED
BENEFIT ASSESSMENT, & TO SUBMIT BALLOTS ON BEHALF OF THE CITY
9.m APPOINT TEEN ACTION COUNCIL YOUTH REPRESENTATIVES TO THE PARKS & RECREATION COMMISSION & THE LIBRARY COMMISSION (Recommended by..Qe1.1uty....Qi!y__Mfillilger CalubaqYili) RESOLUTION APPOINTING !SABELLA ALVARADO TO THE CITY OF WATSONVILLE PARKS & RECREATION
COMMISSION & CHRISTINA NOLASCO TO THE CITY OF WATSONVILLE LIBRARY COMMISSION AS YOUTH
REPRESENTATIVES
10. ITEMS REMOVED FROM CONSENT AGENDA
11. REPORTS TO COUNCIL -- No Action Required
11 .a CITY MANAGER'S UPDATE REPORT
12. PUBLIC HEARINGS, ORDINANCES, & APPEALS
12.a 2025 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODES, THE 2024 INTERNATIONAL MAINTENANCE CODE. & THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (Recommended by Communi!Y Develo1.1ment Director Brletic and Acting Fire Chief Schaefer) 1) Staff Report by Chief Building Official DeSante and Fire Battalion Chief Almita Schaefer 2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion
5) City Council Deliberation on Motion
6) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, an Ordinance Repealing & Replacing Title 8 (Building Regulations) Pertaining to the Adoption by Reference of the 2025 Edition of the California Building Standards Codes in its Entirety, the 2024 International Property Maintenance Code, & the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition & Amending the Fire Code as Identified Herein, through Express Findings of Local Necessity
13. EMERGENCY ITEMS ADDED TO AGENDA
14. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS
15. ADJOURNMENT
This agenda was posted in accordance with the California Ralph M. Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://watsonville.gov/2123/City-Council-Agendas-Minutes and is available for public inspection in the City Clerk's 11 f C f"t,f'l/'\ C -, , C 1 n \ l
Office (275 Main Street, 4th Floor) during normal business hours. Any materials related to an item on this Agenda submitted to the Council after the distribution of the agenda packet will be made available to the public in accordance with Government Section 54957 .5.
Public comments received three (3) hours or more before the meeting will be included in the online agenda packet before the meeting starts. All comments received less than three (3) hours, during the meeting, or after the conclusion of the meeting will be uploaded to the agenda packet as soon as possible, depending on staff availability.
Yahoo Mail - Re: Please Provide Legal Opinion re: Your Potential Co ... https://mail.yahoo.com/d/search/name=Maria%2520Orozco&email .. . 1 of2
Re: Please Provide Legal Opinion re: Your Potential Conflict of Interest With Modifications to Letter Concerning BESS
From: Becky Steinbruner ([email protected])
To: [email protected]
Cc: [email protected]; [email protected] Date: Friday, October 31, 2025 at 10:58 AM PDT
Dear Ms. Orozco,
Thank you for this information.
I noted that you were in the back of the room during yesterday's Pajaro Valley Water Management Agency Board Special Meeting, where Max Christian gave a presentation on the Seahawk Energy BESS Project.
What were your thoughts about the presentation?
I am not sure of what your capacity was in being there .. Mayor of Watsonville or Analyst for Supervisor Hernandez? I am still bothered by the issue of your conflict of interest that we discussed after last Tuesday's Watsonville City Council meeting, and your action to modify the Council's letter to support the County's BESS Draft Ordinance.
I have done a bit of research and found there is some question, especially as it applies to your modifications to the Council's letter:
"One person cannot hold two government positions if they involve overlapping or conflicting duties - for example, one position cannot have supervisorial or auditing authority over the other." https:/lwww.fppc.ca.gov/learn/public-officials-and-empfQyees-rules-/conflict-of-interest/holding-two-positions.html Please give this some thought and consider recusing yourself on County-related issues in the future.
Please respond. Thank you.
Sincerely,
Becky Steinbruner
I On Wednesday, October 29, 2025 at 06:05:41 PM PDT, Maria Orozco <[email protected]> wrote:
Dear Becky,
After discussion with the City Attorney I confirmed that I cannot share any advice that the City Attorney has given me because that is privileged information.
I understand that what I can share is that salaries or reimbursement for expenses or other benefits received from a state, local or federal government are not considered income under Government Code section 82030 for purposes of determining whether an official has a financial interest under the Political Reform Act.
I receive a salary from the County in my role as an Analyst for County Supervisor Hernandez. That salary is from a local government, so it is not considered a financial interest for purposes of determining whether there is a conflict of interest.
Best regards,
11/5/2025, 4:42 PM
Yahoo Mail - Re: Please Provide Legal Opinion re: Your Potential Co ... https://mail.yahoo.com/d/search/name=Maria%2520Orozco&email ... 2of2
Maria
Get Outlook for iOS
From: Becky Steinbruner <[email protected]>
Sent: Tuesday, October 28, 2025 9:26 PM
To: Maria Orozco <[email protected]>
Cc: Becky Steinbruner <[email protected]>
Subject: Please Provide Legal Opinion re: Your Potential Conflict of Interest With Modifications to Letter Concerning BESS You don't often get email from [email protected]. Learn whY- this is important
Dear Mayor Orozco,
Thank you for discussing my concerns regarding the appearance of your conflict of interest relating to the modifications you proposed tonight to the Draft Letter.
I appreciate your willingness to send me the decision that the City Attorney provided you regarding potential conflict of interest with your proposed modifications to the letter in the item below:
MOTION APPROVING LETTER TO THE COUNTY BOARD OF SUPERVISORS STATING
WATSONVILLE COMMUNITY CONCERNS REGARDING BATTERY ENERGY STORAGE SYSTEM FACILITY ON MINTO ROAD (Recommended by Council Members Parker, QuirozCarter, and Clark Thank you very much,
Sincerely,
Becky Steinbruner
11/5/2025, 4:42 PM
Watsonville
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AGENDA
CITY OF WATSONVILLE
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY, AND SUCCESSOR HOUSING AGENCY
City of Watsonville
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Pursuant to Government Code Section 54953(b}, Council Member Clark will be participating in the meeting via teleconferencing from: 751 Larkin Valley Road, Watsonville, CA 95076.
Wednesday, November 5, 2025, 4:30 p.m.
City Council Chambers: 275 Main Street, Top Floor (Special Meeting)
1. ROLL CALL
2. CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:
PUBLIC COMMENTS REGARDING ONLY THE CLOSED SESSION AGENDA WILL BE ACCEPTED BY THE CITY COUNCIL AT THIS TIME.
The City Council of the City of Watsonville will recess to Closed Session to discuss the matters that follow:
2.a CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Government Code Section 54956.9(a))
Name of case: City of Watsonville v Elite Hospitality Group, LLC., et al, Santa Cruz Superior Court - Case No. 25CV02630
2.b CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code Section 54956.9(b))
Significant exposure to litigation pursuant to subdivision (b )(1) of Section 54956.9: [2 cases]
CITY COUNCIL RESUMES AT 6:00 P.M.
3. ROLLCALL
3.a MOTION TO EXCUSE ABSENT COUNCIL MEMBER($) (If any)
4. PLEDGE OF ALLEGIANCE
5. ORAL COMMUNICATIONS
Pages
AGENDA
CITY OF WATSONVILLE
SPECIAL JOINT COUNCIL, SUCCESSOR HOUSING AGENCY, t
& SUCCESSOR AGENCY MEETING WatsoncYui.!L~
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Maria Orozco, Mayor, District 3
Kris tal Salcido, Mayor Pro Tempore, District 4
Eduardo Montesino, Council Member, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Casey K. Clark, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Ari Parker, Council Member, District 7
Tamara Vides, City Manager
Samantha W. Zutler, City Attorney
Irwin I. Ortiz, City Clerk
Location:
City of Watsonville
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Pursuant to Government Code Section 54953(b), Council Member Clark will be participating in the meeting via teleconferencing from : 751 Larkin Valley Road, Watsonville, CA 95076.
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes
IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR
SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.
SPANISH INTERPRETATION WILL BE AVAILABLE
Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3010.
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to staff for clarification and report.
ALL SPEAKERS ARE ASKED TO FILL OUT A SPEAKER CARD & LEAVE IT AT THE PODIUM. SPEAKERS ARE ASKED TO ANNOUNCE THEIR NAME AND DISTRICT IN
WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.
5.a ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH)
5.b ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH)
6. REPORT OUT OF CLOSED SESSION
7. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions that are considered to be routine and will be acted upon as one motion. Any items removed will be considered immediately after the motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
7.a
7.b
7.c
AWARD CONTRACT TO KIMLEY-HORN & ASSOCIATES, INC., TO
PROVIDE AIRPORT PLANNING & ENVIRONMENTAL CONSULTANT
SERVICES TO THE WATSONVILLE MUNICIPAL AIRPORT (Recommended by Airport Director Williams)
RESOLUTION AWARDING CONTRACT TO KIMLEY-HORN &
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $500,000, TO
PROVIDE AIRPORT PLANNING & ENVIRONMENTAL CONSUL TANT
SERVICES TO THE WATSONVILLE MUNICIPAL AIRPORT, WHICH WILL
BE FUNDED BY FEDERAL AVIATION ADMINISTRATION GRANTS AT THE RATE OF NINETY PERCENT (90%) OF TOTAL PROJECT COST WITH FIVE (5%) PERCENT FROM CAL TRANS AERONAUTICAL DIVISION AND FIVE (5%) PERCENT FUNDED BY THE AIRPORT ENTERPRISE FUND APPROVE LEASE AGREEMENT WITH TIM M. WOOD DBA WOODY'S AT THE AIRPORT FOR AIRPORT RESTAURANT FACILITY (Recommended by Airport Director Williams)
RESOLUTION APPROVING A THREE-YEAR LEASE WITH ONE (1) FOURYEAR OPTION TERM BETWEEN THE CITY OF WATSONVILLE & TIMM.
WOOD, OBA WOODY'S AT THE AIRPORT, FOR THE AIRPORT
RESTAURANT FACILITY LOCATED AT 100 AVIATION WAY,
WATSONVILLE, CALIFORNIA, & AUTHORIZING & DIRECTING THE CITY
MANAGER TO EXECUTE SAME & ANY AMENDMENTS THERETO OF A
NON-SUBSTANTIVE NATURE SUBJECT TO LEGAL APPROVAL
APPROVE & AUTHORIZE NEW & REVISED PUBLIC WORKS & UTILITIES
6 39
66
JOB CLASSIFICATIONS
1) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER LEAD OPERATOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $46.13- $61.82 PER HOUR OR $7,996.00-$10,715.40 PER MONTH
2) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER OPERATIONS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51 PER MONTH
3) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER DIVISION
MANAGER (MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $62.95-$84.36 PER HOUR OR $10,911.40-$14,622.34 PER MONTH 4) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER SERVICES
SUPERINTENDENT (MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $51.80-$69.41 PER HOUR OR $8,977.83-$12,031 .11 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
WATER SERVICES MANAGER
5) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR COLLECTION SYSTEMS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $45.40-$60.84 PER HOUR OR $7,869.59-$10,545.99 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
COLLECTION SYSTEMS MANAGER
6) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WASTEWATER
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51
PER MONTH
7) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR FIELD SERVICES
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13 PER MONTH
8) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR SOLID WASTE
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13
PER MONTH
JOB CLASSIFICATIONS
1) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER LEAD OPERATOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $46.13- $61.82 PER HOUR OR $7,996.00-$10,715.40 PER MONTH
2) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER OPERATIONS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51 PER MONTH
3) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER DIVISION
MANAGER (MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $62.95-$84.36 PER HOUR OR $10,911.40-$14,622.34 PER MONTH 4) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR WATER SERVICES
SUPERINTENDENT (MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $51 .80-$69.41 PER HOUR OR $8,977.83-$12,031 .11 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
WATER SERVICES MANAGER
5) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR COLLECTION SYSTEMS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $45.40-$60.84 PER HOUR OR $7,869.59-$10,545.99 PER
MONTH & REPEALING THE JOB CLASSIFICATION & DESCRIPTION OF
COLLECTION SYSTEMS MANAGER
6) RESOLUTION APPROVING & AUTHORIZING THE REVISED .JOB
CLASSIFICATION & JOB DESCRIPTION FOR WASTEWATER
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51
PER MONTH
7) RESOLUTION APPROVING & AUTHOf3-IZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR FIELD SERVICES
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13 PER MONTH
8) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB ,
CLASSIFICATION & JOB DESCRIPTION FOR SOLID WASTE '
OPERATIONS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $40.36-$54.09 PER HOUR OR $6,995.87-$9,375.13
PER MONTH
7.d
9) RESOLUTION APPROVING & AUTHORIZING THE NEW JOB
CLASSIFICATION & JOB DESCRIPTION FOR LANDFILL SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY RANGE OF $40.36- $54.09 PER HOUR OR $6,995.87-$9,375.13 PER MONTH
10) RESOLUTION APPROVING & AUTHORIZING THE REVISED JOB
CLASSIFICATION & JOB DESCRIPTION FOR ENVIRONMENTAL
COMPLIANCE DIVISION MANAGER (MANAGEMENT) AT THE
ESTABLISHED SALARY RANGE OF $62.95-$84.36 PER HOUR OR
$10,911.40-$14,622.34 PER MONTH & REPEALING THE JOB
CLASSIFICATION & DESCRIPTION OF ENVIRONMENTAL
SUSTAINABILITY MANAGER
APPROVE MOU WITH PUBLIC SAFETY MID-MANAGEMENT FOR FY 2025- 2028
RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY & THE PUBLIC SAFETY MID-MANAGEMENT UNIT FOR FISCAL YEARS 2025-2028
8. ITEMS REMOVED FROM CONSENT AGENDA
9. PUBLIC HEARINGS, ORDINANCES, & APPEALS
9.a CONSIDER OPTIONS REGARDING PLA: 1) ADOPT SIDE LETTER PRESENTED BY TRADES COUNCIL; OR 2) RESCIND RESOLUTION NO. 119-14 (CM) & INTRODUCE AMENDMENT TO ORDINANCE NO. 1295-13 1) Staff Report by Public Works & Utilities Director Lindberg 2) City Council Clarifying & Technical Questions
3) Public Comments
4) Appropriate Motion
5) City Council Deliberation on Motion
6) Action on Resolution Rescinding Resolution No. 119-14 (CM) 7) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, an Ordinance Amending Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of Title 7 (Public Works) of the Watsonville Municipal Code Authorizing the Use of Project Labor Agreements for Certain City Funded Construction Projects
10. EMERGENCY ITEMS ADDED TO AGENDA
11. ADJOURNMENT
This agenda was posted in accordance with the California Ralph M. Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://watsonville.gov/2123/City-Council-Aqendas-Minutes and is available for public inspection in the City Clerk's Office (275 Main Street, 4th Floor) during normal business hours. Any materials related to an item on this Agenda submitted to the Council after the distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.
Public comments received three (3) hours or more before the meeting will be included
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153
in the online agenda packet before the meeting starts. All comments received less than three (3) hours, during the meeting, or after the conclusion of the meeting will be uploaded to the agenda packet as soon as possible, depending on staff availability.
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Wednesday, November 5, 2025
TO: CITY COUNCIL
WRITTEN BY: AIRPORT OPERATIONS MANAGER ROSAS
RECOMMENDED BY: AIRPORT DIRECTOR WILLIAMS
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A FIVE-YEAR
CONTRACT FOR PLANNING AND ENVIRONMENTAL CONSULTANT
SERVICES AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IN ACCORDANCE WITH OCTOBER 14, 2025, REQUEST FOR
QUALIFICATIONS RESULTS
RECOMMENDATION:
It is recommended that City Council adopt a resolution authorizing the City Manager to execute a fiveyear contract with Kimley-horn and Associates, Inc., to provide Planning and Environmental Consultant Services to the Municipal Airport (KWVI).
BACKGROUND:
The services under this contract are consultant services in accordance with the FY 2026-2031 Airport Capital Improvement Plan (ACIP) submitted to the FAA’s San Francisco Airports District Office on October 14, 2025. The 5-year contract has a value of $500,000 non-encumbered funds contingent on FAA awards based on a statement of work. Consultant shall perform consultation, planning and environmental services per the annual ACIP submissions. All ACIP projects include periodic construction surveillance, attendance at weekly construction meetings, final project closeout, and construction quality assurance services. Ninety percent (90%) to be funded by the Federal Aviation Administration grants, five percent (5%) by the Caltrans Aeronautical Division and five percent (5%) by Airport enterprise funds.
DISCUSSION:
2 In accordance with Federal Aviation Administration Advisory Circular (AC) 150/5100- 14E the Municipal Airport is required to survey and test the aviation consultant professional services market on a recurring basis.
The RFQ solicited interested consultants to compete for Architectural and Engineering services at KWVI.
The selected firm would assist the airport with architectural and engineering of proposed projects, improvements and implementation of the airport’s capital improvement program.
STATEMENTS OF QUALIFICATIONS (SOQ) RESULTS:
On August 15, 2025, a Request for Qualifications document was broadly advertised and published soliciting submittals for a five-year Planning and Environmental Consulting Services contract.
By September 30, 2025, three submittals were received, reviewed and scored in accordance with established selection criteria. The highest scoring responsive submission, Kimley-Horn and Associates, Inc., is recommended for contract award. The summary of the scoring follows:
NO. CONSULTANT LOCATION SCORE
1. Kimley-Horn. San Jose, CA 96
2. Langan CA, Inc. San Jose, CA 57
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
N/A
STRATEGIC PLAN:
Infrastructure & Environment- City Council approval of this award is consistent with the Municipal Airports requirement to comply with AC 150/1500-14E and will support the goals and objectives outlined in the Airport Capital Improvement Plan (ACIP).
FINANCIAL IMPACT:
Airport Enterprise Fund will budget five percent (5%) of the project cost scheduled ACIP projects.
ALTERNATIVE ACTION:
City Council may choose not to award the contract.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
None.
1 Reso No. ______ (CM)
Meeting Date: 110525 SWZ ______ TV ______ Airport ______ RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING CONTRACT TO KIMLEY-HORN AND
ASSOCIATES, INC., A CORPORATION, IN AN AMOUNT NOT TO
EXCEED $500,000, TO PROVIDE AIRPORT PLANNING AND
ENVIRONMENTAL CONSULTANT SERVICES TO THE WATSONVILLE
MUNICIPAL AIPRORT, WHICH WILL BE FUNDED BY FEDERAL
AVIATION ADMINISTRATION GRANTS AT THE RATE OF NINETY
PERCENT (90%) OF TOTAL PROJECT COST WITH FIVE (5%)
PERCENT FROM CALTRANS AERONAUTICAL DIVISION AND FIVE
(5%) PERCENT FUNDED BY THE AIRPORT ENTERPRISE FUND; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME
WHEREAS, § 3-5.500 of the Municipal code provides that an RFP or RFQ process is found to be an effective and efficient way to procure professional services and procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, § 3-5.540 of the Municipal Code provides that contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars must be awarded by the Council, and that the selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required, that cost will not be the only basis for selection, use a qualifications-based selection process as described in subdivision (a) of § 45271 of the California Government Code and negotiated as described in § 4528; and
1 All references to section numbers will be to the California Government Code
2 Reso No. (CM)
Meeting Date: 110525
WHEREAS, a Request for Qualifications (RFP) was issued on August 15, 2025, asking for qualified airport planning consultant services to assist the Airport with proposed planning activities, environmental challenges and opportunities in support of the Watsonville Municipal Airport’s Capital Improvement Program; and WHEREAS, the deadline for submittal of Request for Qualifications was September 30, 2025; and
WHEREAS, City staff ranked the proposals received for the consideration of the City Manager and submission to the City Council; and
WHEREAS, the City Manager has recommended that the proposal from KimleyHorn and Associates, Inc., in an amount not to exceed $500,000, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. The awarding of the contract to Kimley Horn and Associates for engineering and consulting services is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
2. That the Council hereby awards a five-year Contract to Kimley-Horn and Associates, Inc., a corporation, to provide planning and environmental consultant services to the Watsonville Municipal Airport, in an amount not to exceed $500,000, a copy of
3 Reso No. (CM)
Meeting Date: 110525
which Contract is attached hereto and incorporated herein by this reference, is hereby approved.
3. Consultant shall file FPPC form 700s and 805s.
4. That the City Manager is hereby authorized and directed to execute the 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 KIMLEY-HORN & ASSOCIATES, INC.
THIS CONTRACT, is made and entered into this _October 15, 2025_______, by and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Kimley-Horn & 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 October 15, 2025 to October 14, 2030, 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 Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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Consultant Contract Architects or Engineers w/employees On Demand Page 2 of 28 benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION.
To the full extent permitted by law (subject to the limitations of Civil Code section 2782.8 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.
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Consultant Contract Architects or Engineers w/employees On Demand Page 3 of 28 (2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $500,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
C. 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 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.
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.
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Consultant Contract Architects or Engineers w/employees On Demand Page 4 of 28 SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the Contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
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Consultant Contract Architects or Engineers w/employees On Demand Page 5 of 28 B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Kimley-Horn & Associates, Inc.
10 S Almaden Blvd. Suite 1250
San Jose, CA 95113
(669) 800-4130
SECTION 22. PROVISIONS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION. Provisions required by the Federal Aviation Administration to be incorporated in all Sponsor/Consultant Contracts are included in Exhibit D: Required Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects, which is attached hereto and incorporated herein.
SECTION 23. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
Exhibit D: FAA – Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects
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Consultant Contract Architects or Engineers w/employees On Demand Page 6 of 28 WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE, a municipal
corporation
BY_____________________________
Tamara Vides, City Manager
ATTEST:
BY ______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha Zutler, City Attorney
CONSULTANT
BRANDLEY ENGINEERING, INC.
BY____________________________
Frederik Venter, Senior Associate
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Consultant Contract Architects or Engineers w/employees On Demand Page 7 of 28 EXHIBIT "A"
SCOPE OF SERVICES
The scope of services is as follows:
Occasionally the City of Watsonville requires engineering services that do not relate to the specific contracts for the Watsonville Municipal Airport. These services include, but are not limited to:
➢ General Planning, Environmental, & Consulting Services ➢ Assistance in preparation of annual Airport Capital Improvement Program (CIP) and grant applications
➢ Assistance with FAA and State land use compliance
➢ Preparation of Environmental Documentation such Categorical Exclusions, Environmental Assessments, and other environmental services ➢ Planning and Environmental review of improvements at the Watsonville Municipal Airport
➢ Special project consultation and site visits as needed by City.
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SCHEDULE OF PERFORMANCE
Services shall commence immediately upon authorization to proceed by the Watsonville Municipal Airport and will be performed in a timely manner as agreed to between the City and Consultant.
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COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed Five Hundred Thousand dollars ($500,000).
b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made at the following standard hourly rates:
Hourly Labor Rate Schedule
Classification Rate
Analyst I $135 - $175
Analyst II $180 - $225
Professional $220 - $255
Senior Professional I $265 - $325
Senior Professional II $350 - $415
Senior Technical Support $120 - $300
Technical Support $110 - $175
Support Staff $90 - $150
Effective through June 30, 2024; Subject to annual adjustment thereafter 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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Consultant Contract Architects or Engineers w/employees On Demand Page 10 of 28 EXHIBIT D – CONTRACT PROVISIONS FOR OBLIGATED SPONSORS AND
AIRPORT IMPROVEMENT PROJECTS
D1 A C C E S S T O R E C O R D S A N D R E P O R T S
S O U R C E
2 CFR § 200.334
2 CFR § 200.337
FAA Order 5100.38
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
D2 B R E A C H O F C O N T R A C T T E R M S
S O U R C E
2 CFR Part 200, Appendix II(A)
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
D3 C I V I L R I G H T S - G E N ER A L
S O U R C E
49 USC § 47123
GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authoritiesto ensure that no person shall, on the grounds of race, color, national origin (including Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
D4 C I V I L R I G H T S – T I T L E V I A S S U R A N C E
S O U R C E
49 USC § 47123
FAA Order 1400.11
Title VI Solicitation Notice:
The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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Consultant Contract Architects or Engineers w/employees On Demand Page 12 of 28 • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
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5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
D5 C L E A N A I R A N D W A T E R P O L L U T I O N C O N T R O L
S O U R C E
2 CFR Part 200, Appendix II(G)
42 USC § 7401, et seq
33 USC § 1251, et seq
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
D6 C O N T R A C T W O R K H O U R S A N D S A F E T Y S T A N D A R D S A C T
R E Q U I R E M E N T S
S O U R C E
2 CFR Part 200, Appendix II(E)
2 CFR § 5.5(b)
40 USC § 3702
40 USC § 3704
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
D7 D E B A R M E N T A N D S U S P E N S I O N
S O U R C E
2 CFR Part 180 (Subpart B)
2 CFR Part 200, Appendix II(H)
2 CFR Part 1200
DOT Order 4200.5
Executive Orders 12549 and 12689
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
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CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
D8 DI S A D V A N T A G E D B U S I N E S S E N T E R P R I SE
S O U R C E
49 CFR Part 26
Contract Assurance (49 CFR § 26.13)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (49 CFR § 26.29) –
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime contractor receives from City of Watsonville. The prime contractor agrees further to return retainage payments to each subcontractor within 7 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Watsonville. This clause applies to both DBE and non-DBE subcontractors.
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The prime contractor must not terminate a DBE subcontractor listed in response to Agreement for Aviation Engineering Services between City of Watsonville and Brandley Engineering dated January 25, 2023, (or an approved substitute DBE firm) without prior written consent of City of Watsonville. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent City of Watsonville.
Unless City of Watsonville consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
City of Watsonville may provide such written consent only if City of Watsonville agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to City of Watsonville its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to City of Watsonville, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise City of Watsonville and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why City of Watsonville should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety) City of Watsonville may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
D9 D I S T R A C T E D D R I V I N G
S O U R C E
Executive Order 13513
DOT Order 3902.10
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
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Consultant Contract Architects or Engineers w/employees On Demand Page 17 of 28 In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
D 1 0 P R O H I B I T I O N O N C E R T A I N T E L E C O M M U N I C A T I O N S A N D V I D E O
S U R V E I L L A N C E S E R V I C E S O R E Q U I P M E N T
S O U R C E
2 CFR § 200, Appendix II(K)
2 CFR § 200.216
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
D 1 1 E Q U A L E M P L O Y M E N T O P P O R T U N I T Y ( E E O )
S O U R C E
2 CFR Part 200, Appendix II(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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(4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
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Consultant Contract Architects or Engineers w/employees On Demand Page 19 of 28 (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate or singleuser toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.
If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
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Consultant Contract Architects or Engineers w/employees On Demand Page 23 of 28 D 1 2 F E D E R A L F A I R L A B O R S T A N D A R D S A C T ( F E D E R A L M I N I M U M W A G E )
S O U R C E
29 USC § 201, et seq
2 CFR § 200.430
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S.
Department of Labor – Wage and Hour Division.
D 1 3 L O B B Y I N G A ND I N F L U E N C I N G F E D E R A L E M P L O Y E E S
S O U R C E
31 USC § 1352 – Byrd Anti-Lobbying Amendment
2 CFR Part 200, Appendix II(I)
49 CFR Part 20, Appendix A
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required Docusign Envelope ID: 4216E8D8-FBF0-4290-AB0B-7EA4580D09C5
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D 1 4 O C C U P A T I O N A L S A F E T Y A N D H E A L T H A C T O F 1 9 7 0
S O U R CE
29 CFR Part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
D 1 5 S E I S M I C S A F E T Y
S O U R C E
49 CFR Part 41
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
D 1 6 T A X D E L I N Q U E N C Y A N D F E L O N Y C O N V I C T I O N S
S O U R C E
Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
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CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND FELONY
CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
The applicant represents that it is ( ) is not ( ✓ ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
The applicant represents that it is ( ) is not ( ✓ ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
D 1 7 T E R M I N A T I O N O F C O N T R A C T
S O U R C E
2 CFR Part 200, Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
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Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
TERMINATION FOR CAUSE (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the project for more than [180] days due to reasons beyond the control of the Consultant.
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Consultant Contract Architects or Engineers w/employees On Demand Page 27 of 28 Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
D 1 8 T R A D E R E S T R I C T I O N C E R T I F I C A T I O N
S O U R C E
49 USC § 50104
49 CFR Part 30
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
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The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
D 1 9 V E T E R A N’ S P R E F E R E N C E
S O U R C E
49 USC § 47112(c)
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
D 2 0 D O M E S T I C P R E F E R E N C E S F O R P R O C U R E M E N T S
S O U R C E
2 CFR § 200.322
2 CFR Part 200, Appendix II(L)
CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Wednesday, November 5, 2025
TO: CITY COUNCIL
WRITTEN BY: AIRPORT DIRECTOR WILLIAMS
AIRPORT ADMINISTRATIVE ANALYST AGUADO
RECOMMENDED BY: AIRPORT DIRECTOR WILLIAMS
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVAL OF LEASE AGREEMENT WITH TIM M. WOOD DBA WOODY’S
AT THE AIRPORT FOR AIRPORT RESTAURANT FACILITY
RECOMMENDATION:
It isrecommended that the City Council approve a three-year lease agreement, with an optional four-year extension, for the Airport Restaurant facility located at 100 Aviation Way, Watsonville, with Tim M. Wood, doing business as Woody’s at the Airport.
BACKGROUND:
The Municipal Airport’s restaurant facility has long served as a valued amenity for both airside users and community visitors. On June 17, 2025, the prior tenant ceased operations, leaving the facility vacant.
Recognizing the importance of maintaining a vibrant restaurant presence at the Airport, staff initiated a comprehensive search process in August 2025 to identify a qualified tenant.
The search process consisted of an initial notice of pending Request for Proposal (RFP) published in two local newspapers and posted on the Airport’s website. To obtain an invitation for proposal submission, interested individuals or entities were required to complete an application of interest. The application requested basic information, financial data, credit scores and resume detailing experience. Although early interest by telephone and email inquiries exceeded at least a dozen, only three applications were submitted. Three RFP documents were forwarded to the applicants.
Prior to submitting the RFP responses, the three applicants were invited to tour the facility to assess firsthand the restaurant in its current state. Out of the three applicants only two arrived for the walk through.
2 Shortly after the walk through two responses were delivered to the Airport’s Administrative team led by Administrative Analyst Aguado.
The two proposals were reviewed and evaluated based on experience, financial stability, proposed business concept, and alignment with the Airport’s operational and community outreach goals. After thorough review, the administrative team scored the two proposals and determined that the proposal submitted by Tim M. Wood, doing business as Woody’s at the Airport, provided the best overall value and opportunity for long-term success. The team provided the score sheets and the proposals to the Airport Director for his review and concurrence. After the Director’s review, it was confirmed that Mr. Tim M.
Wood was indeed the best choice for the Municipal Airport.
DISCUSSION:
Mr. Wood is a well-regarded local chef who has been recognized multiple times as one of the area’s best.
His culinary approach—combining quality ingredients with approachable menu options—along with his established record of community engagement and hospitality, aligns strongly with the City’s goal to reestablish the Airport restaurant as a destination for both residents and visitors.
The proposed lease agreement covers approximately 2,400 square feet of interior restaurant space, 430 square feet of patio seating, and 650 square feet of exterior storage. The initial lease term will commence on November 15, 2025, for a period of three years, with an optional four-year extension upon mutual agreement. The base lease rate is set at $4,500 per month, subject to annual Consumer Price Index (CPI) adjustments beginning on the second year of the lease, plus a monthly Common Area Maintenance (CAM) fee of $600.
This lease structure provides a fair market return to the Airport Enterprise Fund while ensuring stable occupancy of a key Airport facility. The reopening of the restaurant is anticipated to generate positive economic and community impacts, including local job creation, enhanced visitor experience, and increased sales tax revenue for the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
This action 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.
STRATEGIC PLAN:
Economic Development
Efficient and Well-performing Government
Fiscal Health
3 FINANCIAL IMPACT:
The Airport Enterprise Fund will receive monthly lease payments of $4,500, plus annual CPI adjustments beginning in year two, generating steady revenue to support Airport operations. The optional four-year extension will continue at market rate with annual CPI adjustments as well. The restaurant’s reopening will also create local jobs and increase sales tax revenue for the City.
ALTERNATIVE ACTION:
The Council may approve the proposed lease, restore restaurant service and generate revenue for the Airport, or decline approval, which would require staff to reinitiate the Request for Proposals (RFP) process to identify a new tenant for the facility.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
None.
1 Reso No. ______ (CM)
Meeting Date: 110525 SWZ ______ TV ______ Airport ______ RESOLUTION NO. ___________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A THREE-YEAR LEASE WITH ONE (1)
FOUR-YEAR OPTION TERM BETWEEN THE CITY OF WATSONVILLE
AND TIM M. WOOD, DBA WOODY’S AT THE AIRPORT, FOR THE
AIRPORT RESTAURANT FACILITY LOCATED AT 100 AVIATION WAY,
WATSONVILLE, CALIFORNIA, AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE SAME AND ANY AMENDMENTS
THERETO OF A NON-SUBSTANTIVE NATURE SUBJECT TO LEGAL
APPROVAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a Lease 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. The three-year Lease between the City of Watsonville and Tim M. Wood, doing business as Woody’s at the Airport, for the operation of the Airport Restaurant facility located at 100 Aviation Way, Watsonville, California, a copy of which is attached hereto and incorporated herein by reference, is hereby approved.
3. That the City Manager is authorized and directed to execute said Lease for the original three-year term, and if properly exercised, the one (1) four-year option term, and any amendments thereto of a non-substantive nature subject to legal approval, on behalf of the City of Watsonville.
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LEASE BETWEEN CITY OF WATSONVILLE AND TIM M. WOOD d/b/a/"WOODY'S AT THE AIRPORT" This LEASE made and entered into this __________of __________, 2025 by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter called “Landlord,” and Tim M. Wood, d/b/a “Woody’s at the Airport” hereafter called “Tenant,” THE PARTIES AGREE AS FOLLOWS:
1. PREMISES.
Landlord does hereby rent and Tenant does hereby hire and take from Landlord a portion of that certain real property and improvements consisting of 2,400 square feet of Restaurant and Cocktail Lounge, 650 square feet of outside storage and 427 square feet of patio (the “Premises”) located at the Watsonville Municipal Airport, 100 Aviation Way (the “Property”), as depicted in Exhibit “A”, in the City of Watsonville, Santa Cruz County, California, together with the right of ingress and egress to the Premises.
Tenant shall operate a facility serving as a general aviation fly in destination restaurant on the Premises open at least six days a week open as early as 11a.m. and as late as 11:00p.m.
2. TERM.
The initial term of this Lease shall be three (3) years, commencing November 15, 2025 and expiring on November 14, 2028. Tenant shall have no right to extend the term of this Lease other than as set forth herein.
Landlord agrees to forego collection of rent for a period of six (6) months commencing upon approval of this Lease by the City Council (the “Forbearance Period”). During the Forbearance Period, Tenant shall remain responsible for all utility and service charges to the Premises, including water, electricity, a prorated share of terminal gas charges, telecommunications, garbage disposal, storm and sanitary sewer services, and any other utilities or services supplied to the Premises, including installation and connection costs from the main source, such as City meters.
3. RENT.
The agreed upon monthly rent is $4,500.
Rent shall be due on the first day of each month.
The rent shall be adjusted annually July 1st thereafter of thereafter using the rate of April to April change in the Consumer Price Index (CPI) for All Urban Consumers San FranciscoOakland-San Jose, California. In no event will the annual rental increase be more than five percent (5%) due to increases in the CPI.
If on any rental adjustment date there shall not exist a CPI in the same format as recited herein, the parties shall substitute the Consumer Price Index for all Urban Consumers provided such index has been so revised or changed in such a way as to affect the direct comparability of Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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such revised or changed index published by the Bureau of Labor Statistics or similar or successor governmental agency as may then be in existence and most nearly equivalent thereto (i.e.: the Wholesale Price Index). If the parties are unable to agree on a successor index in the event the aforesaid index is no longer reporting, then the parties shall refer the choice of the successor index to arbitration in accordance with rules of the American Arbitration Association. Rent is due and shall be paid in advance on the 1st day of each and every month during the term of this Lease, commencing June 1, 2024. Rent not received by the tenth (10th) of the month shall be assessed a ten percent (10%) late payment penalty.
4. OPTION TO EXTEND.
Tenant shall have an option to extend the Lease for an additional four (4) year term (“Option Term”), by providing written notice to Landlord at least 60 days prior to expiration of the initial term.
If Tenant exercises the Option, Base Rent shall be $5,000 per month, and shall increase each July thereafter in accordance with the percentage change in the July San Francisco–Oakland– San Jose Consumer Price Index (CPI) published by the U.S. Bureau of Labor Statistics.
During the Option Term, Tenant shall receive a monthly rent credit equal to fifty percent (50%) of the confirmed Tenant Improvement (TI) investment made during the initial term, amortized evenly over the forty-eight (48) months of the Option Term. The total credit shall not exceed $96,000, representing fifty percent (50%) of the approved TI amount. The TI credit applies only if the Option Period is exercised.
5. COMMON AREA MAINTENANCE AND ACCESS.
Landlord shall maintain and repair the pump and vegetation fountain garden area at east entrance, identified on the map attached as Exhibit “A” (“Property Map”).
Tenant shall have non-exclusive access and use of the following common areas, as identified on the attached Property Map: fountain garden, common bathrooms, Terminal Lobby, parking, public viewing areas.
Tenant shall pay a fixed monthly fee of $600/month for Tenant’s proportional access and use of common bathrooms and access through Terminal Lobby and bathroom janitorial services, paper products, supplies, soap, light bulbs, and fixture maintenance and repair.
6. TAXES.
Tenant shall pay, as additional rent, all taxes, assessments, fees, license charges, and other governmental impositions levied, imposed, or required in connection with:
a. Improvements or property placed on the Premises by Landlord, Tenant, or anyone acting under Tenant;
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b. Tenant’s use, occupancy, or possessory interest in the Premises (Landlord hereby gives notice under California Revenue and Taxation Code §107.6 that such interest may be subject to property taxation, which Tenant shall pay when due); c. Tenant’s personal property, trade fixtures, and any business, activity, or transaction conducted on the Premises; and
d. Any required city or municipal licenses, permits, or Commercial Operator Permit fees applicable to Tenant’s operations.
Tenant’s liability for such taxes shall be prorated, if necessary, on a 360-day year basis to account for any fractional portion of a fiscal tax year at the commencement or expiration of the Term. Upon Landlord’s demand, Tenant shall furnish satisfactory evidence of payment of all such taxes and charges.
7. SECURITY DEPOSIT.
On execution of this Lease, Tenant shall deposit a total of $4,500 security deposit, representing one (1) month’s rent in cash as security for the faithful performance of the terms, covenants and conditions of this Lease. This Security Deposit may not be used to pay the last month’s rent without the Landlord’s prior written consent.
If Tenant is in default, City can use the security deposit or any portion of it, to cure the default or to compensate City for all damages or loss sustained by City resulting from Tenant’s default if the notice requirements, if applicable, have been observed.
Tenant shall immediately, on demand, pay to City a sum equal to the portion of the security deposit expended or applied by City as provided in this paragraph so as to maintain the security deposit in the sum initially deposited. Upon final accounting by City, any balance of said deposit shall be refunded to Tenant.
On or before Tenant’s office move-out date, the Landlord will inspect and document the condition of the Premises. Within 30 days of the end of this Lease, if the Tenant has supplied the Landlord with a forwarding address and has complied with the terms of this Lease and returned the Premises to the Landlord in the same condition as when Tenant moved into the Premises, the Landlord will return the Security Deposit.
Alternatively, Landlord will provide the Tenant written notice including an itemized list as to why the full Security Deposit amount is not being returned and a check for any remaining Security Deposit owed to the Tenant after any allowed deductions have been made.
8. LATE PAYMENT.
Rent is due and shall be paid in advance on the 1st day of each and every month during the term of this Lease. Rent not received by the tenth (10th) of the month shall be assessed a ten percent (10%) late payment penalty. Interest shall also accrue on any payment over 30 days late at 10% per annum, compounded monthly.
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9. USE.
The Premises shall be used to conduct and operate a restaurant and cocktail lounge. Tenant acknowledges and waives any claim(s) it may have resulting from interference with business associated with issuance of permits by the City Council during the annual Watsonville “Airport Open House” or other public events at the Airport.
10. PROHIBITED USES.
The Premises shall not be used any purpose not expressly allowed in Section 9 of this Lease, and specifically not for any of the following purposes:
a. Sale of aviation grade fuel, jet fuel, automobile or other fuel. b. Public tie down and hangar services which shall remain the exclusive services of the Landlord.
c. Manufacturing aircraft.
d. The operation of a scheduled air cargo service.
e. The operation of a “UNICOMM” radio communication system with aircraft. f. The operation of a maintenance or repair service on non-aviation related items, including but not limited to automobiles, motorized vehicles and boats.
11. NO SUBORDINATION.
Landlord shall not subordinate the fee title to the Premises to any security transaction to enable Tenant to obtain financing for the new improvements. The Premises are now and shall remain free and clear of any liens, encumbrances or other Tenant obligations to third person.
12. UTILITIES.
Tenant shall pay all water, electricity, a prorated share of total terminal gas charges, dedicated telecommunication services, garbage disposal, storm and sanitary sewer services, and all other utilities or services supplied to the Premises, including installation and connection of such services from the main source thereof, including City meters, and hold harmless the Landlord therefor. Any failure to pay City of Watsonville municipal utility charges when due shall be a material breach of this Lease. The Landlord will maintain the electric power standby generator in good repair. However, the Landlord assumes no liability for losses of any kind that Tenant may incur for failure of the standby power generator to operate in the event of electrical power disruption from whatever cause.
13. ALTERATIONS AND ADDITIONS.
Tenant shall not make any alterations or improvements to or erect any additional structures on the Premises without prior written consent of Landlord and any required permits. Any Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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alterations or additions approved by Landlord shall be constructed at the sole expense of Tenant.
Such improvements shall become the property of Landlord at the expiration or termination of this Lease.
14. IMPROVEMENTS TO PREMISES.
If any improvements are proposed by the Tenant, Tenant shall submit a written description of the proposal to the Airport Director together with two sketches drawn to scale. The Airport Director will review the proposal and provide written comments with a recommendation and forward the same to the City’s Community Development Department for review.
15. PROTECTION OF CITY AGAINST COST OR CLAIM.
Tenant shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the mechanic’s lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. Tenant shall not suffer or permit to be enforced against the Premises or any part of it any mechanic’s, materiel man’s, contractor’s, or sub-contractor’s lien arising from any work of improvement, however it may arise. However, Tenant may in good faith and at Tenant’s own expense contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished the bond required in California Civil Code Section 3 143. Tenant shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Premises by Tenant, together with reasonable attorney’s fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims.
16. NOTICE OF COMPLETION.
On completion of the work of improvement, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints City as Tenant’s attorney in fact to file the notice of completion on Tenant’s failure.
17. OWNERSHIP OF IMPROVEMENTS DURING TERM.
All permitted non-permanent improvements constructed on the Premises by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant; provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements except as expressly provided in this Lease; and provided, further, that Tenant’s rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. City and Tenant covenant for themselves, and all persons claiming under or through them, that the improvements are real property. All improvements existing on the Premises, as of the date of this Lease are City’s property, free of all claims to or against them by Tenant or any third person.
18. OWNERSHIP OF IMPROVEMENTS AT TERMINATION.
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fixtures, made or placed in or on said Premises by Tenant or any other person, shall be considered part of the real property of said Premises and on expiration or sooner termination of this Lease, or the exercised option, shall remain on said Premises and become the property of City free and clear of any liens or encumbrances whatsoever and without the payment of any consideration therefore.
19. REMOVAL OF FIXTURES.
At the normal expiration of the Lease Term, provided Tenant is not in default, Tenant shall have the right to remove any and all trade fixtures, provided all resultant injuries to the Premises and remaining improvements, except for ordinary wear and tear, are completely remedied and Tenant complies with City’s reasonable requirements respecting the resultant appearance. Any such items not so removed within thirty (30) days of termination shall become the property of City free and clear of any liens or encumbrances whatsoever and without payment of consideration therefore.
20. COMPLIANCE WITH RULES, REGULATIONS ANDLAWS.
In the use and occupancy of the Premises and in the conduct of all business, activities and transactions thereon, Tenant will comply with all applicable laws, ordinances, rules, regulations and orders of the City or any governmental subdivision, body or authority, including all federal, state and municipal laws and ordinances and all rules and regulations of the Federal Aviation Administration and the City of Watsonville rules and regulations concerning the operations of the Watsonville Municipal Airport and environs.
21. STORAGE OF MATERIALS ANDEQUIPMENT.
No materials, supplies, products, equipment or other personal property, except for vehicles in regular use, shall be stored or permitted to remain on any portion of the Leased Premises outside of Landlord approved structures without Landlord’s prior written consent. Tenant shall store personal property items, supplies, materials and combustibles inside the premises in a safe, neat and sanitary manner. Tenant shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Leased Premises for the short-term accumulation and storage of solid waste, such as rubbish, trash, garbage, and sludge. Such enclosures and/or screened areas shall be designed in such a way as to prevent, odors, fumes, attraction of pests, and dispersal of wastes due to wind or water runoff, and shall be serviced regularly by qualified waste removal and disposal services.
22. ENVIRONMENTAL CONSIDERATIONS.
a. Tenant shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property. Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airport storm drainage system or sanitary system.
b. Tenant shall at all times comply with all applicable laws, rules and regulations of federal, state or local governmental agencies, including, but not limited to, the City Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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of Watsonville, Santa Cruz County, and responsible Regional Air and Water Quality Control Boards. Tenant shall not permit any activity which directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission.
Any waste oil storage tanks shall be in approved containers and in accordance with environmental and fire protection regulations.
c. Hazardous Substances. The term “Hazardous Materials” shall mean any toxic substance, hazardous substance, hazardous material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government, including, but not limited to any, material or substance which is defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under local, State, or federal law and as determined by the Fire Department. Except in strict compliance with all government approvals, applicable laws and regulations pertaining to Hazardous Materials, and in accordance with the provisions of this Lease, Tenant shall not cause or permit the presence, use, handling, generation, emission, release, discharge, storage, or disposal of any Hazardous Materials on, under, in or about the Premises, excepting the presence of any Hazardous Materials on, under, in or about the Premises as of the date of this Lease or the migration to or seepage of Hazardous Materials from surrounding or adjacent property; and shall not cause or permit the transportation of any such materials.
d. Tenant shall at all times notify City of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in machining facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease. Tenant shall also institute operating procedures designed to handle Hazardous Materials consistent with prudent industry practice, including evidence of a licensed agent removal service. City shall have the right to inspect the Premises on 24-hours prior notice for compliance with the provisions of this Section. e. Indemnification by City. City shall indemnify, protect, defend, and hold harmless Tenant and Tenant’s successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by City, its agents, employees, and contractors. f. Tenant shall indemnify, protect, defend, and hold harmless City and City’s successors and assigns, officers, directors, employees, agents, subtenants and assignees, from and against all liability, and foreseeable consequential damages, penalties, expenses and costs of any required or necessary remediation, repair, removal, clean up or detoxification, of the Premises and surrounding properties, and from and against the preparation of any clean up, remediation, closure or other required plans, whether such action is required or necessary during or following the term of this Lease, to the full extent that the same is attributable to the use, handling, generation, emission, release, storage, discharge or disposal of hazardous material by Tenant, its agents, employees, and contractors.
g. Indemnification Survives Lease.
The indemnification provisions of the foregoing shall survive the termination of this Lease.
h. No Warranty of Current Condition.
City makes no representation or warranty, express or implied, as to the physical condition of the Premises, including, but not limited to the condition of the exterior or interior of the structure, ground, soil, surface water or groundwater, the geology, the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon.
23. WASTE, NUISANCE, DISTURBANCE OF QUIET ENJOYMENT.
Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of the use of Watsonville Airport or surrounding property. Tenant shall ensure that no untreated liquid waste from any type of operation will enter the airportstorm drainage system or sanitary sewer system.
24. REPAIRS AND MAINTENANCE
a. LANDLORD’S PREMISES OBLIGATIONS.
Landlord shall maintain the outside walls and roof of the Terminal Building except if repair or replacement arises from negligence or misconduct of the Tenant or if Tenant fails to notify Landlord in writing within three (3) days of a need to repair.
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Landlord shall be responsible for routine maintenance of the HVAC system for the Termina Building
Landlord shall provide maintenance services by its own employees for all repairs and maintenance performed by Landlord, Tenant must complete the on-line maintenance request; i.e. no “Ad hoc” or “on demand requests will be honored with the exceptions of emergencies and then only with approval of Airport management. b. TENANT’S PREMISES OBLIGATIONS.
c. Tenant shall sweep and if necessary, mop the two exterior restaurant building entrances and the entry to the exterior storage area and sweep sidewalks and keep them free of debris.
d. Tenant shall keep interior and exterior of Premises windows clean and shall wash all interior and exterior windows as needed.
e. Tenant shall secure and lock the Premises and the Terminal Building each evening at close of business, excluding days the Tenant may be closed. f. Tenant shall maintain and repair HVAC and thermostat for the premises, and heating ducts and vents, interior plumbing, sinks, faucets, walls, ceiling, floors, doors, hardware, interior electrical, lights fixtures, fire and intrusion alarms in as good order, condition and repair as they shall be upon the commencement of the term of this Lease.
g. Tenant shall be solely responsible for maintaining and repairing Landlord’s provided equipment listed on Exhibit “C”. . Additionally, the Tenant shall display, preserve and protect those fixtures within the facility identified as “Legacy Fixtures“ identified in Exhibit “B”
h. Tenant shall comply with required mandated inspections and repairs of the Ansul system, hood fire suppression system, fire extinguishers, grease trap, smoke detector, health and fire inspections.
i. Tenant shall use, maintain and repair the retractable awning in accordance to manufacture specifications. keep concrete drainage swales, rain gutters and downspouts on the premises free from debris.
j. Tenant shall devote sufficient time to manage and operate the restaurant.
25. TYPE 47 (ON-SALE GENERAL – EATING PLACE) LICENSE.
Tenant will obtain a Type 47 license from the California Department of Alcoholic Beverage Control. Upon the end of the Lease term or the Option Term, or lease termination, Tenant may sell the Type 47 license to a subsequent Tenant at no more than 120% of the fees paid by Tenant to obtain in the license initially.
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26. INSPECTIONS.
Landlord shall have the right to enter upon the Premises at all reasonable times, during the term of this Lease for the purpose of making any inspection it may deem expedient to the proper enforcement of this Lease. Specifically, Airport staff may conduct inspections of the Premises every four months to ensure preventive maintenance issues are identified early. Landlord will notify Tenant of any issues requiring attention; Tenant agrees to correct any and all items identified as deficient during inspections and in violation of Tenant’s obligations under this Lease within thirty (30) days.
27. FREEDOM FROM LIENS.
Tenant shall not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, claims, stop notices, encumbrances and charges upon the Premises, or Tenant’s leasehold interest therein which arise out of the use or occupancy of the Premises byTenant or anyone using or occupying the Premises with the consent or sufferance of Tenant, or by reason of labor or materials furnished or claimed to have been furnished to Tenant for any construction, alteration, addition or repair of any part of the Premises.
Tenant shall give Landlord fifteen (15) days’ notice prior to commencing any work on the Premises, so that Landlord shall have a reasonable time within which to post notices of nonresponsibility.
28. HOLDING OVER.
If Tenant shall hold possession of the Premises after the term of this Lease, Tenant shall become a Tenant from month to month at the rental and upon the terms herein specified and shall continue to be such Tenant until the tenancy shall be terminated by Landlord on thirty (30) daysnotice or until Tenant shall have given at least thirty (30) days-notice of Tenant’s intention to terminate the tenancy. The provision of this Lease, so far as applicable, shall govern such tenancy, except that the monthly rent for such tenancy shall be the same as the last full month’s rental rate.
29. ABANDONMENT.
Tenant shall not vacate or abandon the Premises at any time during the term thereof. If Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and at the option of Landlord shall become Landlord’s property free from all claims of Tenant. If Tenant abandons the Premises Landlord shall have the option to terminate this Lease by givingTenant notice of belief of abandonment pursuant to California Civil Code Section 1951.3 or Landlord has the remedy described in California Civil Code Section 1951.4, i.e., Landlord may continue the Lease after breach and abandonment and recover rent as it becomes due.
30. ASSIGNMENT OR SUBLETTING.
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or any part of the Premises, without Landlord’s written consent. Such consent lies in the sole discretion of Landlord.
31. SIGNS, POSTERS, BUILDINGS AND TOWERS.
No advertising signs, posters or similar devices shall be erected, displayed or maintained in, on, about or above the Premises or the structures thereon without a sign permit and the prior written approval ofthe Airport Manager.
No structures erected on the Premises shall exceed the height limit fixed by any City zoning ordinance or regulations of the Airport or Federal Aviation Authority. Tenant in its operations shall not unreasonably interfere with the property, interests, operations or activities of the City or of other Tenants of the City.
32. WAIVER OFDAMAGES AND INDEMNIFICATION.
Landlord shall not be liable to Tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, except as results from acts of the sole negligence on thepart of Landlord, its agents, servants, employees or invitees. Without limiting the generality of the foregoing waiver, it is expressly extended to injury or damage caused by water leakage of any character from the roof(s), wall(s), basement or any part of the property, or caused by gas, oil, electricity or any other cause in or about the Premises or the building(s). Tenant agrees to defend, indemnify and hold Landlord harmless from and against, any and all claims or liability for any death of for injury to any person or damage to any property, whatsoever, occurring in, on or about the Premises.
33. PAYMENT OF RENT AND SERVICES.
Notwithstanding any other provision of this Lease, all rents shall be paid to City of Watsonville, c/o Finance Department, by delivering or mailing to the following address:
CityofWatsonville
Accounts Payable
250 Main Street
Watsonville, CA95076
34. HOLD HARMLESS.
Tenant shall save, protect, indemnify, and hold harmless City, its elective and appointive boards, commissions, officers, agents, and employees from any and all claims, cost or liability of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed pursuant to this Lease, or any omission to perform, including, but not limited to, claims, costs or liability resulting from: (1) The conduct, negligent or otherwise, of Tenant, its subtenant(s), or any officer(s), agent(s) or employee(s) of one or more of them; (2) The joint conduct of the City and Tenant, regardless of Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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whether the City is concurrently, active or passively negligent or not negligent at all; or (3) The sole concurrent conduct of any other person or entity.
The above promise and agreement in this section is not conditioned or dependent on whether Tenant or City has prepared, supplied or approved any plan(s) or specification(s) in connection with this Lease, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of City.
Non-Liability of City for Damages. This Lease is made upon the express condition that City is to be free from all liability and claim for damages by reason of any injury to any person or persons including, Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any extension hereof or any occupancy hereunder, Tenant hereby covenanting and agreeing to indemnify and save harmless City from all liability, loss, cost, attorney’s fees, and obligations on account of or arising out of any such injuries or losses however occurring.
35. BREACH.
After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant a. The appointment a general assignment by Tenant for the benefit of creditors, or of a Receiver to take possession of all or substantially all of the assets of Tenant, or b. Period of twenty (20) days, or
A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days
36. INSURANCE.
a. General Liability Insurance.
During the Lease Term, Tenant shall, at its sole cost, maintain commercial general liability insurance, including bodily injury, death, and property damage coverage, issued by a company authorized to do business in California and rated at least “A” by Best Insurance Reports. The policy shall name both Tenant and Landlord as additional insureds and cover all claims arising from Tenant’s use, occupancy, or operations on the Premises.
• Minimum limits shall be $2,000,000 combined single limit per occurrence, or such higher limits as the City Council may require by resolution to reflect inflation or increased risk.
• The insurance shall be primary to any coverage carried by Landlord, which shall apply as excess only.
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• Each policy shall provide that it cannot be canceled or reduced without at least 30 days’ prior written notice to Landlord.
• The insurer shall waive all rights of subrogation against Landlord.
Tenant shall furnish certificates and endorsements evidencing required coverage before occupancy and annually thereafter.
b. Property and Fire Insurance.
Tenant shall, at its own expense, maintain fire and extended coverage insurance, including vandalism and malicious mischief endorsements, on all buildings, improvements, alterations, and personal property located on the Premises.
Coverage shall be for not less than 80% of full replacement cost, with loss payable to Tenant and Landlord as their interests may appear.
If the Premises or improvements are damaged or destroyed:
1. Tenant-owned improvements – Tenant may elect to repair, replace, or terminate this Lease. If Tenant elects to terminate, insurance proceeds shall be distributed between Tenant and City based on the time elapsed in the Lease Term (pro rata formula as provided in the original City version).
2. Landlord-owned premises – Landlord may elect to repair or terminate this Lease. If the damage can reasonably be repaired within 120 days, City may repair and grant Tenant a fair rent reduction for any unusable period. If repair will take longer, Tenant may terminate the Lease without further obligation. c. Workers’ Compensation Insurance.
Tenant shall maintain workers’ compensation insurance covering all of its employees during the entire Lease Term.
d. Proof of Coverage and Failure to Maintain.
Tenant shall deliver proof of all required coverage and renewals to City annually.
If Tenant fails to procure or maintain insurance, the City may, but is not obligated to, obtain such insurance on Tenant’s behalf and Tenant shall reimburse City upon demand for all costs incurred.
e. Cooperation and Claims.
Each party shall promptly notify the other of any claims or suits relating to the Premises and may participate in the defense as to its own interests. City shall cooperate with Tenant, at Tenant’s cost, to maximize any insurance recovery following an insured loss.
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37. SURRENDER OF PREMISES.
Tenant agrees to surrender the Premises and any addition thereto at the termination of the tenancy herein created in the same condition asthe Premises were in at the beginning of the tenancy or at the time of completion of the improvements as the case may be, reasonable use and wear thereof and damage by act of God or the elements excepted.
38. WAIVER.
Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of condition hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party has or may have.
39. EQUIPMENT AND SUPPLIES.
Tenant agrees, at his own expense, to furnish all equipment and supplies necessary for the operation of the restaurant cocktail lounge. Title to such equipment supplied by the Tenant shall remain with Tenant. However, upon termination or expiration of this Lease or any extension thereof, Landlord shall have the option to purchase same from Tenant at its fair market value to be established by an independent and reputable restaurant equipment firm to be selected mutually by the Tenant and the Landlord. The equipment listed on the attached Airport Owned Equipment list identified as Exhibit “C” is and remains the property of Landlord and shall remain the property of Landlord at the termination or expiration of this Lease.
40. CLOSURE OF AIRPORT IN AN EMERGENCY.
During any period when the Airport is closed or civil aircraft grounded by any lawful authority restricting the use of the Airport or civil aircraft in such a manner as to interfere substantially with the use of the Premises by Tenant, the rent payable under this Lease shall abate, and the period of such closure at the option of Tenant shall be added to the term of this Lease.
During the time of war or national emergency, Landlord shall have the right to lease or lend the landing area of the Airport, or any part thereof, to the United States Government or State government for military or naval use, and ifsuch lease or lending is executed and the use thereunder interferes substantially with the use of the Premises by Tenant, the rent shall abate, and this Lease shall be suspended or terminated.
41. RESERVATION OF RIGHTS.
Landlord reserves the right, but shall not be obligated to maintain and keep in repair the landing area of the Airport and all publicly owned facilities at the Airport, together with the right to direct and control all activities of Tenant in this regard.
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42. NONDISCRIMINATION.
In its use of the Premises and any and all structures, buildings and improvements located hereon, Tenant shall conduct the activity hereafter authorized by the Landlord on a non-exclusive and non-discriminatory basis in all respects with regard to any person, firm group of persons.
Tenant shall not act in any manner prohibited by Part 15 of the Federal Aviation Regulations and further agrees to be nondiscriminatory also with respect to price or cost of services or goods and in every other fashion.
43. ENFORCEMENTOFNONDISCRIMINATION CLAUSE.
Landlord shall have the right to take such action against the Tenant as the United States Government may direct or request to enforce the terms of the preceding paragraph on behalf of the United States Government or on behalf of any of its citizens or the Landlord itself.
44. NONDISCRIMINATION/FAA, MBE (DBE REQUIREMENTS.
The Tenant, for itself, its heirs, personal representatives, successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree as a covenant running with the land that if facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964, and assuch Regulations may be amended.
The Tenant for itself, its personal representatives, successors in interest, as a part of the consideration hereof, does hereby further covenant an agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; that the Tenant shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended. Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the Tenant may allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductionsto volume purchasers. Tenant shall insert the provisions of this section in any Lease agreement or contract by which Tenant grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.
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45. REMEDY FOR DISCRIMINATION.
Upon of breach of any of the nondiscrimination covenants identified in Paragraph 30, Landlord shall have the right to terminate this Lease and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Lease had never been made or issued. The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. Non-compliance with Paragraph 30 shall constitute a material breach thereof and if such Non-compliance Landlord shall have the right to terminate this Lease and the estate hereby created without liability therefore or at the election of the Landlord or the United States either or both Governments shall have the right to judicially enforces Paragraph 30.
46. AFFIRMATIVE ACTION.
Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. Tenant assures that it will require that its covered by such subpart. Tenant assures that it will require that its covered suborganizations provide assurances to the Tenant that they will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152,subpart 2, to the same effect.
47. SUBORDINATION TO FUTUREFAAAGREEMENTS.
This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the Landlord and the United States, relative to the development, operation or maintenance ofthe Airport.
48. NOTICETOFEDERALAVIATIONADMINISTRATION.
Tenant shall comply with the notification and review requirements covered in Part77 ofthe Federal Aviation Regulations in the event of future construction of a building planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.
49. NON-EXCLUSIVE RIGHT.
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
50. DAMAGE OR DESTRUCTION.
If the Premises shall be damaged by fire, earthquake, the elements or other casualty whether or not covered by insurance and whether or not such damage may be repaired, reconstructed or Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
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restored, Tenant shall promptly commence the work or repair, reconstruction and restoration, and shall diligently prosecute the same to completion at Tenant’s expense. During this period or time, this Lease shall continue in full force and effect.
51. CONDEMNATION.
Should the whole or any part of the Premises be condemned and taken by any competent authority for any public or quasi-public use or purpose, or should Landlord make a conveyance in lieu thereof, all awards payable on account of such condemnation and taking or conveyance shall be payable to Landlord, and Tenant hereby waive all interest in or claim to said awards, or any part thereof. Tenant shall be entitled, however, to any award based upon the taking of or damage to Tenant’s trade fixtures and improvement to the Premises to the extent Tenant has the right to remove them at the end of the LeaseTerm. Ifthe whole of the Premises of the Premises shall be so condemned and taken or conveyed, then this Lease shall terminate. If a part only of the Premises is so condemned and taken or conveyed, and the remaining portion thereof is not suitable for the purpose for which Tenant has leased said Premises, Tenant shall have the right to terminate this Lease. If by such condemnation and taking purposes for which Tenant has leased said Premises, this Lease shall continue, but the rental shall be reduced in an amount proportionate to the value of the portion taken as it relates to the total value of the Premises or the Premises may be relocated on the same site depicted on Exhibit “A.” (Property Map)
52. DEFAULT.
The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease byTenant:
BANKRUPTCY AND INSOLVENCY.
The filing or commencement of any proceeding by or against Tenant under the Federal Bankruptcy Code whether voluntary or involuntary, if not dismissed within sixty (60) days from the date of filing, shall constitute a default under this Lease.
RECEIVERSHIP.
Either the appointment of a receiver to take possession of all, or substantially all, of the assets of any Tenant or garnishment of or levy or writ of execution on, all or substantially all of the assets of any Tenant which remain in effect for more than sixty (60) days, or a general assignment by any Tenant for the benefit of creditors, shall constitute a breach of this Lease by Tenant.
VACATION OR ABANDONMENT.
The vacating or abandonment of the Premises by Tenant (which shall be conclusively presumed in Tenant leaves the Premises closed or unoccupied continuously for fifteen (15) days.
Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
100 Aviation Way Restaurant Lease
4931-3033-0998 v1
FAILURE TO PAY RENT.
The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder as and when due and after five (5) days written notice to Tenant by Landlord to pay same.
FAILURE TO PERFORM COVENANT OR SATISFY CONDITIONS.
The failure by Tenant to observe or perform any of the covenant, conditions or provision of this Lease to be observed or performed by Tenant above, where such failure hall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant.
FAILURE TO PAY VENDORS
Failure to pay Tenant’s vendors and public utilities on agreed terms.
FAILURE TO PAY FOR CITY UTILITIES OR GARBAGE SERVICES.
The failure by Tenant to pay City utilities or service fees when due.
FAILURE TO PAY TAXES.
The failure byTenant to pay taxing agency applicable taxes described herein when due.
53. REMEDIES.
Upon any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason or such default or breach take advantage of the remediesset forth below.
CONTRACT REMEDIES.
Terminate Tenants right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premise to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to expenses of reletting, reasonable attorney’s fees, and any real estate commission actually paid; the worth at the time of award by a court having jurisdiction of unpaid rent which had been reasonably avoided; the worth at the time of such award of the amount by which the unpaid rent for the balance of the term after the time of cash award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and the portion of any real estate commission payable by Landlord applicable to the unexpired term of this Lease. Unpaid installment of rent or other sums shall bear interest from the date due at the rate of ten percent (10%) per annum, compounded monthly. If Tenantshall have abandoned the Premises, Landlord shall have the option of: retaking possession of the Premises and recovering from Tenant the amount specified in this Section or proceeding against Tenant as set forth in this Section. For purposes of this Section, the term “worth at the time of such award” shall have the meaning provided in Section 1951.2(b) of the Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
100 Aviation Way Restaurant Lease
4931-3033-0998 v1
California Civil Code. apply the Security Deposit described in Section to pay damages to which Landlord may be entitled
STATUTORY REMEDIES.
Landlord shall have all the remedies provided in Section 1951.4 of the California Civil Code, including the right to maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.
OTHER REMEDIES.
Landlord may also pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Should Tenant default, Landlord shall, at its option, be entitled to remove any property of Tenant from the Premises and store the same elsewhere for the account, and at expense and risk, of Tenant and should Tenant fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord, after ten (10) days’ written notice to Tenant and Tenants failure to pay the required amount, may sell any or all of such property at public or private sale, in such manner and all such times and places as Landlord, in its sole discretion, may deem proper, for the payment of any charges for the removal, storage and sale of such property and shall apply the proceeds of such sale: first, to the cost and expense of such sale: first, to the 10 cost and expense of incurred; second, to the payment of the cost of or charges for removing and storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.
Tenant hereby waives all claims for damages that may be caused by Landlord’s re-entering and taking possession of the Premises, of removing and storing the property of Tenant as hereby provide, and will hold Landlord harmless from loss, costs or damages occasioned thereby, and no such re-entry shall be considered or construed to be a forcible entry.
54. ATTORNEY’S FEES.
If suit is brought to enforce or interpret any part of this Lease, the prevailing party shall be entitled to recover as an element of costs of suit, and not as damages, a reasonable attorney’s fee to be fixed by the court. The “prevailing party” shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover his costs shall not recover attorney’s fees. No sum for attorney’s fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover his costs of attorney’s fees.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written.
City Tenant
Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1
100 Aviation Way Restaurant Lease
4931-3033-0998 v1
CITY OF WATSONVILLE, a municipal
corporation
By: ______________________________
, City Manager
By: ____________________________
Tim M. Wood, President
d/b/a “Woody’s at the Airport”
ATTEST:
By: ______________________________ By: ____________________________ , City Clerk
APPROVED AS TO FORM:
__________________________________
_______________________, City Attorney
Docusign Envelope ID: 7C3E7AF5-A109-46C1-800C-1328C198F7A1 11/3/2025 | 5:26 PM MST
EXHIBIT “A”
RESTAURANT PROPERTY MAP
EXHIBIT “B”
LEGACY FIXTURES
Beam Mounted Wooden Propeller, signed by Watsonville Tenants circa 1980’s Wall Mounted framed Engraved Windowpane from “Belly Landing” circa 1970’s Wall Mounted Memorial Plaque “Charlie’s Seat” 2022
EXHIBIT “C”
WATSONVILLE MUNICIPAL AIRPORT
OWNED LIST
RESTAURANT PROPERTY
ITEMS TOTAL
COUNT
KWVI
PROPERY
ICE MACHINE 1 1
ICE BIN 1 1
BAR BACK REFRIGERATOR 1 1
DRAFT SYSTEM 1 1
BAR SINK 1 1
MODEL AIRPLANE 1 1
AIRPLANE PROPS (LEGACY ITEMS) 2 2
HIGH TABLES 2 2
8 FT LONG TABLE 1 1
SMALL TABLES (LOUNGE) 4 4
HOOD 1 1
WARMING LAMP 3 3
DEEP FRYER 1 1
STOVE 2 2
GRILL 1 1
PIZZA OVEN 1 1
ANSUL SYSTEM 1 1
FIRE EXTINGUISERS 3 3
WORKTABLE 1 1
TWO-WELL SINK 1 1
MOTORIZED RETRACTABLE AWNING 3 3
PROPANE HEATERS 3 3
STORAGE SHED 2 2
WALK-IN REFRIGERATOR (KITCHEN & OUTSIDE) 2 2
LARGE FREEZER 2 2
MEMORIAL PLAQUE (C. KING 2022) 1 1
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Wednesday, November 5, 2025
TO: CITY COUNCIL
RECOMMENDED BY: DEPUTY CITY MANAGER MANNING
PUBLIC WORKS AND UTILITIES DIRECTOR LINDBERG
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVAL AND AUTHORIZATION OF NEW AND REVISED PUBLIC
WORKS & UTILITIES JOB CLASSIFICATIONS
RECOMMENDATION:
It is recommended that the City Council approve the proposed new job classifications and revised job descriptions in the Public Works & Utilities department for the following classifications, and associated proposed salary changes, where applicable:
Water Division: Collection Systems Supervisor
Water Lead Operator (new) Wastewater Operations Supervisor Water Operations Supervisor Field Services Supervisor (new) Water Division Manager Solid Waste Operations Supervisor (new) Water Services Superintendent Landfill Supervisor (new) Environmental Compliance Division Manager
The Personnel Commission considered these items at its October 29, 2025, meeting and recommends City Council approval. These job classifications, descriptions and salaries have been reviewed and approved by the bargaining groups representing these classifications.
BACKGROUND:
The City recently completed a City-wide class and compensation study. It included a review of existing job descriptions which recommends updated language to modernize and standardize certain requirements. The City is working through the proposed updating of all job classifications in the City with collaboration with departments, employees, and unions and approval of these will come before the City Council by department during 2026.
2 DISCUSSION:
The positions for consideration tonight reflect the high priority changes for the Pubilc Works and Utilities Department that are required to address critical staffing needs and improved departmental operations.
Additional job description updates for this department will come in the future as we work through the review process.
Water Division
Public Works is proposing modifications to the certification requirements for the Water Operations series and adjusting salaries accordingly. The adjustments to certification requirements and salary will help to attract and retain water operations staff to the City, and also provide better alignment internally between the Water Division and Wastewater Division.
1. Water Lead Operator (new)
This is a new position to create a lead operator to bridge the gap between the top-level technical staff and the step to full supervisor. This not only allows for career advancement, but also provides shift oversight redundancies when a manager or supervisor is not present. Adding this lead position in operations will keep the water operations series aligned internally with wastewater operations which has similar responsibilities and duties. The proposed salary is equivalent to the Wastewater Treatment Lead Operator. This classification will be represented by the MidManagement bargaining unit.
2. Water Operations Supervisor
A modification to the Water Operations Supervisor is recommended to require this position serve as the Chief Operator of the City’s water system as defined under the State Water Resources Control Board Division of Drinking Water (DDW) requirements. This requires a T3 and D5 certification from DDW. The position currently only requires a D4. In recognition of this increased certification requirement and the added responsibility of acting as Chief Operator, it is recommended that the salary of this classification be increased by ten percent (10%). This is equitable to the Wastewater Operations Supervisor.
3. Water Division Manager
It is proposed that the Water Division Manager classification be revised to include recommended language updates from the class and compensation study consultant review to provide consistency across the City. The proposed changes also include language to add that T3 and D5 operator certificates are highly desirable but not required and also that this role may serve as Chief Operator. The current description makes no mention of water operation certificates and adding them as desirable but not required will provide internal consistency with the Wastewater Division Manager job description requirements. No change to compensation is recommended at this time.
3 4. Water Services Superintendent
The Water Services Superintendent job classification is an existing position currently titled Water Services Manager. The Water Services Manager position has been out of use for many years. The department would like to update this position and modify the title to Water Services Superintendent to better align with the Public Works Department structure, and also include language updates recommended by the class and compensation study consultant to provide consistency across the City. The salary is recommended to be adjusted to reflect a 10% increase above the Water Services Supervisor position which this position supervises. This position will be represented by the Management unit as are other superintendent classifications in the City.
Classification Current Step 0 Current Step 6 Proposed Step 6 Tied to Water Services
Superintendent
$8,504.49/month $11,396.64/month $12,031.11/month 10% above Water Services Supervisor
Wastewater Division
1. Collection Systems Supervisor
This position is currently titled Collection Systems Manager. However, in order for it to better align with the Public Works and Utilities organizational structure as well as the job duties of the position, we are proposing to update the title to reflect this while updating the job description per the classification study. There is no proposed change to the current salary.
2. Wastewater Operations Supervisor
It is proposed that the Wastewater Operations Supervisor job description be updated to include the requirement of a Grade V certification and serve as the Wastewater Chief Plant Operator (CPO). While it was previously approved as an optional requirement of the position with certification pay if enacted, the City has now determined that it is important that we have an internal position that is required to have the certification to ensure we have an in-house CPO to avoid the need to contract out this position. As such, it is proposed that the salary of this position be increased by 10% to reflect the additional requirement and increased responsibility of a CPO.
Proposed salary-$12,952 per month. This is equitable to the Water Operations Supervisor.
Classification Current Step 0 Current Step 6 Proposed Step 6 Tied To Collection Systems
Supervisor
$7,869.59/month $10,545.99/month $10,545.99/month No Change Classification Current Step 0 Current Step 6 Proposed Step 6 Tied To Water Lead Operator
(new)
$7,996.00/month $10,715.40/month $10,715.40/month Wastewater Lead Operator
Water Operations
Supervisor
$8,368.32/month $11,214.30/month $12,952/month Wastewater Operations
Supervisor
Water Division Manager $10,911.40/month $14,622.34/month No Change Wastewater Division Manager
4 Wastewater
Operations
Supervisor
$8,786.72/month $11,775.01/month $12,952.51/month 10% Increase Field Services Supervisor (new)
The existing Field Services crew is composed of a team of Utility Workers I, II, III and a Utility Crew Lead.
The Municipal Services Operations Manager position formerly served as the supervisor for the Field Services crew in addition to other fleet and facilities related responsibilities. This position has been vacant, leaving the crew without a dedicated supervisor. The Field Services crew and the City’s operations will be better served by having a dedicated Field Services Supervisor to oversee day-to-day operations under the direction of the Director of Public Works. The Field Services Supervisor job classification is proposed to be added to the mid-management group, consistent with other crew-level, day-to-day supervisors across public works divisions.
Solid Waste Operations Supervisor (new), Landfill Supervisor (new) There is currently only one job classification, Integrated Waste Supervisor, which covers two very distinct bodies of work in the solid waste division. The class and compensation study consultant recommended this job classification be divided into two new supervisor classes to better capture the work unique to the operations they each oversee. The Solid Waste Operations Supervisor oversees the solid waste collections vehicle drivers (Integrated Waste Workers). The Landfill Supervisor oversees the City’s landfill operations as well as the Waste & Recycling Center which manages the City’s recycling and household hazardous waste operations. With the creation of the Field Services Supervisor, these two supervisor positions are recommended to be tied to the proposed Field Services Supervisor classification as they have similar levels of responsibility and required certifications, and experience. Upon approval of these two new positions, the Integrated Waste Supervisor job description would be repealed.
Environmental Compliance Division Manager
The Environmental Sustainability Division Manager position currently oversees the City’s sustainability related programs including the Climate Action Plan, fleet and building electrification, as well as the City’s environmental and regulatory programs including stormwater compliance, wastewater source control, local hazard mitigation plan, and other similar programs. The updates recommended to the position include a title change to Environmental Compliance Division Manager to align the position more toward the main focus of required regulatory compliance and less focused emphasis on sustainability which requires Citywide policy-setting from City Manager’s office. Also included are updates to language recommended by the class and compensation study consultant to provide consistency across the City. No change in compensation is proposed.
New Positions Proposed Step 0 Proposed Step 6 Tied To
Field Services Supervisor $7,313.86/month $9,375.12/month 10% above Utility Crew Leader Solid Waste Operations
Supervisor
$7,313.86/month $9,375.12/month Field Services Supervisor Landfill Supervisor $7,313.86/month $9,375.12/month Field Services Supervisor
5 Classification Current Step 0 Current Step 6 Proposed Step 6 Tied to Environmental
Compliance Division
Manager
$10,911.40/month $14,622.34/month $14,622.34/month No Change CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that is an administrative activity that will not result in a potentially significant impact to the environment.
STRATEGIC PLAN:
This aligns with strategic plan number 7-efficient and high performing government by attracting qualified candidates and retaining great employees.
7-Efficient and High Performing Government
FINANCIAL IMPACT:
The following new job classifications are proposed to be added; however, there is no request for additional FTE authorization as the majority of these positions are anticipated to be filled by existing staff resulting in a minimal impact on the current budget. The majority of these positions are funded by the utility enterprise funds which have available budget to absorb these minor increases. • Lead Water Operator (new)
• Field Services Supervisor (new)
The existing positions that are proposed to receive a salary increase result in a net increase of the following from their current rate. The Water and Solid Waste Enterprise Funds have sufficient budget to absorb these minor increases.
Water Services Superintendent (formerly Water Services Manager) is an increase of 5.6% from the current salary range.
Landfill Supervisor, Solid Waste Operations Supervisor (formerly Integrated Waste Supervisor) is an increase of 7.7% from the previous salary range to make it consistent with the new Field Services Supervisor position.
ALTERNATIVE ACTION:
The City Council may elect not to approve the new and revised job classifications and salary adjustments.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
None.
Reso No. (CM)
Meeting Date: 110525 SWZ ______ TV ______ HR ______ 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING AND AUTHORIZING THE NEW JOB
CLASSIFICATION AND JOB DESCRIPTION FOR WATER LEAD
OPERATOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $46.13-$61.82 PER HOUR OR $7,996.00-$10,715.40 PER MONTH.
WHEREAS, on October 29, 2025, the Personnel Commission of the City of Watsonville reviewed and recommended to the City Council the new job classification and job description of Water Lead Operator; and
WHEREAS, the City Manager has submitted her report and recommendation to the City Council to approve and authorize the new job classification and job description of Water Lead Operator, a copy of which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving and authorizing the new job classification and job description for Water Lead Operator 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.
Reso No. (CM)
Meeting Date: 110525 2
2. That the job classification and description of Water Lead Operator (MidManagement), attached hereto, is hereby approved and authorized at the established Salary Range of $46.13-$61.82 per hour or $7,996.00-$10,715.40 per month. **********************************
1 | Water Lead Operator Job Description
City of Watsonville
Job Description
JOB TITLE: Water Lead Operator DATE APPROVED:
DEPARTMENT: Public Works & Utilities SUPERSEDES: N/A
REPORTS TO: Water Operations Supervisor or designee
SUPERVISION: Provides lead supervision over lower level staff EMPLOYEE UNIT: Mid-Management
FLSA : Non-exempt
JOB SUMMARY:
Under direction, leads, oversees, and participates in the more complex and difficult work of staff responsible for operates, inspects, maintains, and repairs the City’s water slow sand filtration plant and distribution system including storage reservoirs, wells, booster stations, control valves, associated controls and supervisory control data acquisition system; operates a variety of maintenance and construction equipment; and performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
This is the lead level classification within the Water Operatorseries. Positions at this level are distinguished from other classes within the series by the level of responsibility assumed and the complexity of duties assigned.
Employees perform the most difficult and responsible types of duties assigned to classes within this series including providing lead supervision to lower level staff. Employees at this level are required to be fully trained in all procedures related to assigned area of responsibility.
EXAMPLES OF ESSENTIAL DUTIES:
The following duties are performed personally, in cooperation with the City Manager, and/or in coordination with other City employees, operating partners, community groups, and other public and private organizations.
Additional duties may be assigned.
• Leads, plans, trains, and reviews the work of staff responsible for operating, inspecting, maintaining, and repairing the City’s water slow sand filtration plant and distribution system including storage reservoirs, wells, booster stations, control valves, associated controls and supervisory control data acquisition system.
• Trains assigned employees in their areas of work including water systems methods, procedures, and techniques.
• Verifies the work of assigned employees for accuracy, proper work methods, techniques, and compliance with applicable standards and specifications; ensures adherence to safe work practices and procedures.
2 | Water Lead Operator Job Description
• Performs the most complex maintenance and repair work to water systems equipment and related facilities.
• Leads and participates in using a computer to monitor plant processes, distribution system operations and related site operations with a supervisory control and data acquisition system (SCADA). • Leads and participates in conducting regular inspections of all plant equipment, wells, booster pump stations, and reservoirs to assure proper operations, and adjusts equipment as needed. • Leads and participates in operating, maintaining, and repairing a variety of equipment and systems related to the operation of a slow sand filter plant and water distribution system including booster pumps, wells, regulating valves, telemetry controls, monitoring devices, and electrical, mechanical, hydraulic, pneumatic, and electro-mechanical equipment. • Leads and participates in cleaning, lubricating, adjusting, operating, and making repairs to water pumps, engines, chlorinators, and related equipment; performs chlorine gas cylinder change outs as necessary. • Leads and participates in testing auxiliary equipment such as natural gas, propane, and diesel engines to ensure proper operation.
• Oversees and participates in performing a variety of routine preventative maintenance and repair duties including in confined spaces; inputs work performed into a computerized maintenance management program.
• Oversees and participates in performing a variety of general maintenance work such as painting, cleaning, and grounds keeping.
• Collects water samples and performs basic laboratory tests as required to monitor filter plant and distribution system.
• Leads and participates in the installation, maintenance, repair, and rebuilding of chlorination equipment; monitors chlorination process, and regulates dosages. • Leads and participates in checking equipment oil levels and changing oil and filters as needed. • Oversees water quality monitoring and sampling program and produces monthly reports to California Department of Health Services.
• Estimates time, materials, and equipment required for jobs assigned; requisitions materials as required. • Responds to inquiries in a courteous manner; provides information within the area of assignment; resolves complaints in an efficient and timely manner.
• Responds to emergency calls; isolates reservoirs, distribution system, or other sections of the water system during emergencies.
• Perform Stand-by and Call-back duties on a rotational basis. • Performs related duties as required.
EMPLOYMENT STANDARDS
Knowledge of:
• Operational characteristics of the water distribution and treatment systems. • Principles of lead supervision and training.
• Operation of water treatment plants, pumping stations, water wells, and hydraulic control valves. • Advanced methods, materials, tools, equipment, and procedures used in the operations and maintenance of wells, pumps, motors, compressors, engines, hydro-pneumatic systems, valves, electrical panels, controls, chemical feed equipment and related water treatment or distribution system equipment.
• Water chlorinating methods and equipment.
• Meters, gauges, and data recording equipment and electrical control systems. • Water sampling and testing procedures and basic laboratory principles and practices.
3 | Water Lead Operator Job Description
• Office procedures, methods, and equipment including computers. • Computer applications related to SCADA and control systems, maintenance managementsystems, word processing and report generation
• Operating principles of valves, pumps, and motors.
• Building and grounds maintenance.
• Safe work practices and safety procedures pertaining to water treatment plant and distribution system operations, including storing hazardous chemicals, confined space entry, employee right to know regulations and the safe use of hand and power tools.
• Safe use of hand tools and power tools.
• Principles and practices of customer service.
• Principles and practices of record keeping.
• Pertinent state, federal, and local laws, codes, and regulations related to water quality, production and supply sources.
Ability to:
• Lead, organize, and review the work of staff.
• Independently perform the most difficult and complex maintenance tasks on water systems. • Operate, maintain, and make repairs to pumps, motors, compressors, and other mechanical equipment. • Operate a desktop computer and applicable computer software programs as required to control the treatment plant and water distribution system.
• Generate correspondence, emails, memos, and reports and maintain maintenance records. • Skillfully and safely use a variety of tools and power equipment related to water plant maintenance and operations.
• Read and understand meters, gauges, and recording devices. • Regulate chlorine dosages in water systems.
• Take water samples.
• Work safely in confined spaces with hazardous chemicals. • Read, interpret, and work from plans, maps, specifications, schematics and manuals. • Diagnose and repair electrical, mechanical, and operational problems. • Estimate material and equipment needs.
• Prepare and maintain a variety of accurate written and computerized records and reports. • Understand and carry out oral and written directions. • Interact tactfully and courteously with the public.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
EDUCATION/TRAINING AND EXPERIENCE:
Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to completion of the twelfth grade supplemented by specialized training in water distribution systems and/or water technology courses.
Experience:
Two years of experience as a Water Operator III with the City of Watsonville.
4 | Water Lead Operator Job Description
LICENSE & CERTIFICATION:
• Possession of a valid California Class C driver’s license including a safe driving record. • Possession of a Grade T3 Water Treatment Operator Certificate issued by the State Department of Health Services.
• Possession of a Grade D4 Water Distribution Operator Certificate issued by the State Department of Health Services.
Other Requirements:
• Must be clean-shaven at all times as required to wear respiratory protection equipment. • Willingness to take “on call” duty 24 hours a day for seven day intervals and respond to after hours emergencies within 45 minutes under normal traffic conditions. • Willingness to work nights, weekends, holidays and overtime as needed during emergencies and while taking “on call” duty.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
• Environment: Outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, noxious odors, gases, mechanical and electrical hazards, and all types of weather and temperature conditions; work in or around water; exposure to hazardoustraffic conditions; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain; work at heights; incumbents may be required to respond to emergency and public calls after hours including evenings and weekends.
• Physical: Primary functions require sufficient physical ability and mobility to work in a field environment; to walk, stand, and sit for prolonged periods of time; to frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp, and make repetitive hand movement in the performance of daily duties; to climb unusual heights on ladders; to lift, carry, push, and/or pull moderate to heavy amounts of weight; to operate assigned equipment and vehicles; and to verbally communicate to exchange information.
• Vision: See in the normal visual range with or without correction. • Hearing: Hear in the normal audio range with or without correction.
Reso No. (CM)
Reference: Reso No.252-06(CM) (Rescind)
Meeting Date: 110525 SWZ ______ TV ______ HR ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING AND AUTHORIZING THE REVISED JOB
CLASSIFICATION AND JOB DESCRIPTION FOR WATER OPERATIONS
SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $55.76-$74.73 PER HOUR OR $9,665.39-$12,952.51 PER MONTH.
WHEREAS, on October 29, 2025, the Personnel Commission of the City of Watsonville reviewed and recommended to the City Council the revised job classification and job description of Water Operations Supervisor; and WHEREAS, the City Manager has submitted her report and recommendation to the City Council to approve and authorize the revised job classification and job description of Water Operations Supervisor, a copy of which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving and authorizing the revised job classification and job description for Water Operations Supervisor 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.
Reso No. (CM)
Reference: Reso No.252-06(CM) (Rescind)
Meeting Date: 110525
2 2. That the job classification and description of Water Operations Supervisor (Mid-Management), attached hereto, is hereby approved and authorized at the established Salary Range of $55.76-$74.73 per hour or $9,665.39-$12,952.51 per month. **********************************
1 | Water Operations Supervisor Job Description
City of Watsonville
Job Description
JOB TITLE: Water Operations Supervisor
DEPARTMENT: Public Works & Utilities
DATE APPROVED:
SUPERSEDES: October 2006
REPORTS TO: Water Division Manager
SUPERVISION: Water Operator I,II,III and Water Lead Operator EMPLOYEE UNIT: Mid-Management
FLSA : Exempt
JOB SUMMARY:
Under general direction, organizes, directs, supervises, and participates in the operation, maintenance and repair of the City’s water filtration plant, storage reservoirs, wells, booster stations, control valves, associated controls and the supervisory control and data acquisition system; supervises the monitoring of the distribution system and production facilities; participates in daily operations and maintenance duties as needed; and performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
This job class is responsible for the successful day-to-day operations of the City’s water filtration plant, storage reservoirs, wells, booster stations, control valves, associated controls and the supervisory control and data acquisition system. The incumbent is responsible for implementing policies and procedures to ensure efficient water production of adequate supply and quality in compliance with federal, state and local regulations. This position functions at a full supervisory level of classification directing, coordinating, supervising, and formally evaluating the work of others. This is the supervisory level in the Water Treatment Operator classification series.
Incumbents are responsible for supervising, directing, and performing the full scope of water system operation and maintenance, including performing the most complex duties related to the assigned water facilities.
The Water Operations Supervisor is distinguished from the Water Lead Operator in that the Water Operations Supervisor performs the full scope of supervisory work for assigned staff, while the Water Lead Operator provides lead direction.
This position serves as the Chief Operator (CO) as defined under the State Water Resources Control Board Division of Drinking Water (DDW). The CO is responsible for the day-to-day, hands-on operation of the water system and must hold valid water distribution and treatment operator certifications equal to or greater than the water system state classification. The CO provides advanced technical expertise regarding water system operation and files all necessary treatment compliance reporting on behalf of the City, including designating themselves as CO in the DDW electronic annual report.
2 | Water Operations Supervisor Job Description
EXAMPLES OF ESSENTIAL DUTIES:
The following duties are performed personally, in cooperation with the City Manager, and/or in coordination with other City employees, operating partners, community groups, and other public and private organizations.
Additional duties may be assigned.
• Plans, organizes, directs, schedules, trains, monitors, and formally evaluates the work of Water Plant Operators.
• Supervises the monitoring of plant processes and related site operations; makes or directs operational adjustments as necessary.
• Assists with the maintenance and repair of electrical and mechanical systems; supervises installation and repair of electrical and mechanical equipment at all pumping locations; performs the more skilled work.
• Troubleshoots and repairs problems in hydraulic, pneumatic, electro-mechanical, and electronic control systems.
• Reviews plans of new projects to assure consistency with existing control schemes and the SCADA system.
• Supervises and participates in or directs the installation, maintenance, and repair of chlorinator systems. • Ensures that process and water quality meet federal and state standards and that personnel stay current with new developments in methods and technology; recommends improvements to procedures and equipment.
• Empowers all levels of operations staff to be creative problem solvers, and provide the resources to lead staff towards becoming more goal oriented, offering creativity and extending flexibility in solving problems and accomplishing goals and objectives.
• Ensures all necessary governmental reports are produced, and permits maintained to meet various agency requirements for operation.
• Participates in the preparation and administration of the operations budget; submits budget recommendations; monitors expenditures.
• Plans, coordinates, and manages various projects related to water operations; recommends construction improvement projects and system improvements. • Implements and oversees the division’s computerized maintenance management program. • Trains employees in safe and proper work methods and practices. • Attends and participates in professional group meetings; maintains awareness of new trends and developments in the field of water operations; incorporates new developments as appropriate into programs.
• Responds to emergency calls.
• May perform any of the duties assigned to Water Plant Operators. • Responds to public inquiries in a courteous manner; provides information within the area of assignment; supervises and/or resolves water quality complaints in an efficient and timely manner. • Performs related duties as required.
EMPLOYMENT STANDARDS
Knowledge of:
• Operational characteristics of the water distribution and treatment systems. • Operation, maintenance, and cleaning of a slow sand filtration plant. • Advanced methods, materials, tools, and equipment used in water distribution system operations and maintenance, electrical installation and repair work.
3 | Water Operations Supervisor Job Description
• Operations and maintenance principles of wells, pumps, motors, engines, hydro-pneumatic systems, valves, electrical panels, controls, chemical feed equipment and related water treatment or distribution system equipment.
• Water sampling and testing procedures.
• Pertinent state, federal, and local laws, codes, and regulations related to water quality, production and supply sources.
• Office procedures, methods, and equipment including computers. • Computer applications related to SCADA and control systems, maintenance management systems, word processing and report generation.
• Safe work practices and safety procedures pertaining to water treatment plant and distribution system operations including storing hazardous chemicals, confined space entry and employee right to know regulations.
• Principles and techniques of supervision including staffing, employee development, and planning and organizing work.
• Principles and practices of customer service.
• Principles and practices of record keeping.
Ability to:
• Supervise, organize, and review the work of assigned staff involved in water distribution and treatment systems.
• Select, train, direct, and formally evaluate the work of others. • Perform complex and skilled operation and maintenance functions related to a water plant, distribution system and related equipment and machinery.
• Skillfully and safely use a variety of tools and power equipment related to water plant maintenance and operations.
• Read, interpret, and work from plan, maps, specifications, schematics and manuals. • Diagnose and repair electrical, mechanical, and operational problems. • Estimate material and equipment needs.
• Take water samples.
• Operate desktop computer and applicable computer software programs as required to control the treatment plant and water distribution system
• Generate correspondence, emails, memos, reports, maintain maintenance records. • Prepare and maintain a variety of accurate written and computerized records and reports • Interact tactfully and courteously with the public
• Work safely in confined spaces with hazardous chemicals. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
EDUCATION/TRAINING AND EXPERIENCE:
Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade supplemented by advanced educational training in water technology or a related field.
Experience:
4 | Water Operations Supervisor Job Description
Four years of increasingly responsible experience performing water treatment and distribution systems operations and maintenance work equivalent to a Water Lead Operator LICENSE & CERTIFICATION:
• Possession of a valid California Class C driver’s license and a safe driving record. • Possession of a Grade T3 Water Treatment Operator Certificate issued by the State Water Resources Control Board.
• Possession of a Grade D5 Water Distribution Operator Certificate issued by the State Water Resources Control Board.
Other Requirements:
• Must be clean-shaven at all times as required to wear respiratory protection equipment. • Willingness to take “on call” duty 24 hours a day for seven day intervals and respond to after hours emergencies within 45 minutes under normal traffic conditions. • Willingness to work nights, weekends, holidays and overtime as needed during emergencies and while taking “on call” duty.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
• Environment: Standard office setting and outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, noxious odors, gases, mechanical and electrical hazards, and all types of weather and temperature conditions; work in or around water; exposure to hazardous traffic conditions; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain; work at heights; incumbents may be required to respond to emergency and public calls after hours including evenings and weekends.
• Physical: Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to walk, stand, and sit for prolonged periods of time; to frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp, and make repetitive hand movement in the performance of daily duties; to climb unusual heights on ladders; to lift, carry, push, and/or pull moderate to heavy amounts of weight; to operate assigned equipment and vehicles; and to verbally communicate to exchange information.
• Vision: See in the normal visual range with or without correction. • Hearing: Hear in the normal audio range with or without correction.
Reso No. (CM)
Reference: Reso No.281-90(CM) (Rescind)
Meeting Date: 110525 SWZ ______ TV ______ HR ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING AND AUTHORIZING THE REVISED JOB
CLASSIFICATION AND JOB DESCRIPTION FOR WATER DIVISION
MANAGER (MANAGEMENT) AT THE ESTABLISHED SALARY RANGE
OF $62.95-$84.36 PER HOUR OR $10,911.40-$14,622.34 PER MONTH WHEREAS, on October 29, 2025, the Personnel Commission of the City of Watsonville reviewed and recommended to the City Council the revised job classification and job description of Water Division Manager; and
WHEREAS, the City Manager has submitted her report and recommendation to the City Council to approve and authorize the revised job classification and job description of Water Division Manager, a copy of which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving and authorizing the revised job classification and job description for Water Division Manager 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.
Reso No. (CM)
Reference: Reso No.281-90(CM) (Rescind)
Meeting Date: 110525
2 2. That the job classification and description of Water Division Manager (Management), attached hereto, is hereby approved and authorized at the established Salary Range of $62.95-$84.36 per hour or $10,911.40-$14,622.34 per month. **********************************
1 | Water Division Manager Job Description
City of Watsonville
Job Description
JOB TITLE: Water Division Manager DATE APPROVED:
DEPARTMENT: Public Works & Utilities SUPERSEDES: July 1990 REPORTS TO: Public Works & Utilities Director and Assistant Director of Public Works & Utilities
SUPERVISION: Over supervisory, professional, operations, technical, and administrative staff EMPLOYEE UNIT: Management
FLSA : Exempt
JOB SUMMARY:
Under administrative direction, directs, manages, supervises, and coordinates the activities and operations of the Water Division within the Public Works Department including the administrative, engineering and field operations functions related to the City's water system; assigns, directs, and coordinates the work of technical and administrative personnel and operations supervisory personnel within the Water Division; coordinates assigned activities with other divisions, departments, and outside agencies; and provides highly responsible and complex administrative support to the Public Works & Utilities Director and Assistant Public Works & Utilities Director.
DISTINGUISHING CHARACTERISTICS:
The Water Division Manager is considered a Division Manager with responsibility for the management of a division that includes several line areas/sections or functional work groups of significant depth and complexity.
Responsibilities include overall administration and implementation of a division including development of division objectives and design and implementation of supporting units, programs, processes, policies, and/or procedures to successfully achieve those objectives. A Division Manager is also responsible for the development, administration, and control of the associated budget(s).
EXAMPLES OF ESSENTIAL DUTIES:
The following duties are performed personally, in cooperation with the City Manager, and/or in coordination with other City employees, operating partners, community groups, and other public and private organizations.
Additional duties may be assigned.
• Manages and directs the activities of the City’s Water System Operations and Maintenance, including the administration, operation, maintenance, and repair of the City’s water filtration plant, storage reservoirs, wells, booster stations, control valves, associated controls and the supervisory control and data acquisition system.
• May serve as the registered Chief Operator (CO) if in possession of the required treatment and distribution operator certificates issued by the California State Water Resources Control Board, Division of Drinking Water.
• Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs; recommends and administers policies and procedures.
2 | Water Division Manager Job Description
• Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; recommends, within departmental policy, appropriate service and staffing levels. • Plans, directs, coordinates, and reviews the work plan for water operations staff; assigns work activities, projects, and programs; reviews and evaluates work products, methods, and procedures; meets with staff to identify and resolve problems.
• Participates in the selection of assigned staff; provides or coordinates staff training and development; prepares performance appraisals and recommendations for disciplinary actions, wage and salary actions, promotions, and related employment actions.
• Oversees and participates in the development and administration of the division’s annual budget; forecasts funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; recommends adjustments as necessary.
• Assigns, directs, supervises, and reviews the work of subordinate engineering and/or technical support staff in the preparation of technical reports, facility designs, and planning documents relating to the water system.
• Oversees Water Division procurement practices, prepares consultant requests for proposals, reviews contract documents, implements consultant selection processes, and assists in construction contract bidding process.
• Coordinates with Engineering Division in the management of Water Division construction projects. • Develops and recommends Water Division capital improvement program; prepares and administers a variety of capital improvement program budgets.
• Coordinates with Development Division in the establishment of water system related improvement standards and the application of such standards to specific private improvement projects. • Provides staff assistance to the Public Works & Utilities Director and Assistant Public Works & Utilities Director; makes presentations and serves on a variety of committees to work with regulatory agencies, the public, elected officials, and other agencies; makes presentations regarding the water division to the City Council, other City commissions, and community groups. • Coordinates assigned water operations activities with those of other divisions and outside agencies and organizations.
• Attends and participates in professional group meetings; maintains awareness of new trends and developments in the field of water operations; incorporates new developments as appropriate into programs.
• Performs related duties as required.
EMPLOYMENT STANDARDS
Knowledge of:
• Operations, services, and activities of a comprehensive water distribution and treatment program. • Principles of supervision, training, and performance evaluation. • Engineering principles, practices, and techniques related to the design and operation of a municipal water supply utility.
• Pertinent federal, state, and local laws, codes, and regulations pertaining to municipal water systems. • Principles and practices of consultant and contractor procurement practices and contract administration.
• Accepted practices as they relate to the administration and operation of a modern municipal water supply utility.
• Principles and practices of municipal budget preparation and control. • Principles and procedures of record keeping.
3 | Water Division Manager Job Description
• Principles of business letter writing and report preparation. • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Ability to:
• Oversee and participate in the management of a comprehensive water distribution and treatment program.
• Plan, organize, and supervise the work of technical, operations, and administrative staff including providing for employee training and development, and appraisal. • Make effective presentations to elected officials, the public, and regulatory and other agencies. • Prepare and manage a budget including capital improvements financing, and consultant contract management.
• Review and evaluate technical engineering and maintenance information, reports, and recommendations.
• Effectively represent the Water Division in meetings with contractors, developers, representatives of governmental agencies, and business and community groups. • Establish and implement goals, objectives, procedures, and priorities. • Administer construction and consultant contracts.
• Assist in development, maintenance, and implementation of the water system master plan, and capital improvement program.
• Prepare comprehensive technical reports and recommendations. • Develop and monitor complex capital and operating budgets. • Plan and organize work to meet changing priorities and deadlines. • Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
EDUCATION/TRAINING AND EXPERIENCE:
Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to a Bachelor’s degree from an accredited college or university with major course work in engineering or a closely related field.
Experience:
Five years of increasingly responsible experience in the administration, operation, and/or design of water system facilities including two years in a supervisory or administrative capacity.
LICENSE & CERTIFICATION:
• Possession of a valid California Class C driver's license and a safe California driving record. • Possession of a Grade T3 Water Treatment Operator Certificate and Grade D5 Water Distribution Certificate issued by the State Water Resources Control Board is highly desirable.
4 | Water Division Manager Job Description
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
• Environment: Work is performed primarily in a standard office environment with some travel to different sites; incumbents may be exposed to inclement weather conditions; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.
• Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.
• Vision: See in the normal visual range with or without correction. • Hearing: Hear in the normal audio range with or without correction.
Reso No. (CM)
Reference: Reso No.24-17(CM) (Rescind)
Meeting Date: 110525 SWZ ______ TV ______ HR ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING AND AUTHORIZING THE REVISED JOB
CLASSIFICATION AND JOB DESCRIPTION FOR WATER SERVICES
SUPERINTENDENT (MANAGEMENT) AT THE ESTABLISHED SALARY
RANGE OF $51.80-$69.41 PER HOUR OR $8,977.83-$12,031.11 PER
MONTH AND REPEALING THE JOB CLASSIFICATION AND
DESCRIPTION OF WATER SERVICES MANAGER
WHEREAS, on October 29, 2025, the Personnel Commission of the City of Watsonville reviewed and recommended to the City Council the revised job classification and job description of Water Services Superintendent; and WHEREAS, the City Manager has submitted her report and recommendation to the City Council to approve and authorize the revised job classification and job description of Water Services Superintendent, a copy of which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving and authorizing the revised job classification and job description for Water Services Superintendent 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
Reso No. (CM)
Reference: Reso No.24-17(CM) (Rescind)
Meeting Date: 110525
2 with certainty that there is no possibility that this action may have a significant effect on the environment.
2. That the job classification and description of Water Services Superintendent (Management), attached hereto, is hereby approved and authorized at the established Salary Range of $51.80-$69.41 per hour or $8,977.83-$12,031.11 per month.
3. That the job classification and description of Water Services Manager is hereby revoked effective immediately.
**********************************
1 | Water Services Super intendent Job Description
City of Watsonville
Job Description
JOB TITLE: Water Services Superintendent DATE APPROVED:
DEPARTMENT: Public Works & Utilities SUPERSEDES: February 2017 REPORTS TO: Water Division Manager
SUPERVISION: Exercises direct supervision over work crews as assigned EMPLOYEE UNIT: Management
FLSA : Exempt
JOB SUMMARY:
Under general direction, plans, organizes, directs, coordinates, and evaluates the maintenance, operation, construction, repair, and development of City water distribution system, streets, if necessary sewers mains and/or storm drains; develops and prepares operational and capital improvement budgets; manages and oversees projects; supervises and formally evaluates the work of Water Services staff; coordinates effectively with other City Departments, advisory bodies, government agencies, and contractors; provides highly responsible and complex administrative support to the Water Division Manager; and performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
Employees in this classification receive administrative direction within a framework of general guidelines, goals and objectives and exercise direct supervision over subordinate supervisors. This job class functions at the full supervisory level and requires a thorough knowledge of water distribution operation and maintenance, street repair methods, materials, and procedures for ensuring that water mains, hydrants, and service lines are properly installed and maintained in accordance with State Water Resources Control Board, Division of Drinking Water standards.
EXAMPLES OF ESSENTIAL DUTIES:
The following duties are performed personally, in cooperation with the Water Division Manager, and/or in coordination with other City employees, operating partners, community groups, and other public and private organizations. Additional duties may be assigned.
• Leads and directs water distribution system operation, development, and maintenance activities to ensure the system meets all state regulatory and health requirements in a safe and high quality manner. • Plans, schedules, organizes, directs, coordinates, and supervises the maintenance, operation, construction, and development of the City street system. • Supervises and formally evaluates the work of water services personnel; prioritizes projects; determines and requisitions needed personnel, equipment, and materials for various projects. • Supervises the use of a variety of heavy equipment including backhoe, dump truck, and compaction equipment, loader, and truck crane.
• Supervises the excavation, installation, and repair of main pipelines and fittings, new water mains, hydrants, and service lines; makes various system changes.
2 | Water Services Super intendent Job Description
• Maintains records of work hours, equipment, and materials used on jobs; prepares related reports and correspondence.
• Determines the ordering of division equipment, materials, and supplies; ensures equipment is properly maintained, and that employees are trained in safe and proper work methods and practices. • Responds to emergency calls as necessary.
• Assists in leading the implementation of strategic plans and master plans, including the annual water distribution replacement program.
• Creates appropriate and measurable goals and objectives consistent with City Council’s priorities, and all water distribution system operation and maintenance regulatory requirements. • Participates in the preparation and administration of the operations budget; submits budget recommendations; monitors expenditures.
• Initiates and carries out improvement projects; prepares and administers contracts for minor projects. • Reviews street, water, and drainage plans.
• Prepares cost estimates and submits final cost reports; oversees maintenance of project costs for work hours, equipment hours, and materials used; prepares other reports and correspondence as needed. • Inspects facilities for proper completion of work assignments. • Leads Water Services operations in a manner that results in high customer service satisfaction levels; promotes staff teamwork, growth, and initiative; achieves a high level of quality and safety in water distribution system operation and maintenance.
• Investigates and responds to the more complex inquiries and complaints related to the division activities; resolves technical and operational problems. • Assumes the water distribution related duties of the Water Division Manager in their absence. • Performs related duties as required.
EMPLOYMENT STANDARDS
Knowledge of:
• Principles, practices, and techniques of the operations, services, and activities of water distribution systems.
• Use of materials, tools, and equipment related to water system construction and maintenance. • Work scheduling systems.
• Principles and techniques of supervision including staffing, employee development, training, and performance evaluation.
• Principles and techniques of planning and organizing work. • Engineering principles and practices as applied to water distribution system development, construction and maintenance including modern standards, methods, materials, equipment, and tools used in operations.
• Methods, materials, equipment, and techniques used in water distribution maintenance, repair, and construction, including other public works installations as applied to streets, sewer systems, storm drains, and the installation and servicing of water distribution systems. • Designing, planning, and developing specifications for public works maintenance and construction projects.
• Long range planning for public works facilities.
• Principles of budget preparation and expenditure control. • Occupational hazards and standard safety procedures.
3 | Water Services Super intendent Job Description
• Basic office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. • Pertinent federal, state and local laws, codes, and regulations governing water distribution system construction, operation and maintenance.
Ability to:
• Plan, assign, direct, and coordinate assigned water distribution and associated public works maintenance, construction, and repair activities.
• Direct and inspect the technical details of project completion. • Prepare and administer annual division operations budget and control expenditures; Prepare estimates of time, material, and equipment needed to perform capital improvement projects. • Assist in developing specifications and effective recommendations for expansion of public works facilities and ensuring the proper completion of minor contract work. • Read and interpret construction plans and specifications and organize, inspect, and evaluate construction and maintenance work.
• Research and prepare comprehensive and complete reports. • Effectively represent the Public Works and Utilities Department with public groups, other agencies, and organizations as directed.
• Work from plans and specifications.
• Effectively recruit, assign, supervise, evaluate, and train subordinates and enforce safety. • Develop, implement, and maintain accurate record keeping systems. • Deal tactfully with the public and private construction representatives. • Interpret, apply, and explain laws, regulations, standards, policies, and procedures. • Operate office equipment including computers and supporting software applications. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
EDUCATION/TRAINING AND EXPERIENCE:
Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade.
Experience:
Five years of increasingly responsible experience performing maintenance, operation, construction, repair, and development of City water distribution systems comparable to that of a Water Services Supervisor with the City of Watsonville.
LICENSE & CERTIFICATION:
• Possession of a valid California Class A driver’s license with the following endorsements: tankers, double-triples and airbrake, and a safe driving record
• Possession of a Grade-IV State Water Resource Control Board Water Distribution Operator Certification. • Ability to obtain a Grade V Operator Certification within 12 months of the City’s distribution system being reclassified to a Grade V system by the State Water Resources Control Board, Division of Drinking Water.
4 | Water Services Super intendent Job Description
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
• Environment: Standard office setting and outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, noxious odors, gases, mechanical and electrical hazards, and all types of weather and temperature conditions; work in or around water; exposure to hazardous traffic conditions; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain; work at heights; incumbents may be required to respond to emergency and public calls after hours including evenings and weekends.
• Physical: Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to walk, stand, and sit for prolonged periods of time; to frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp, and make repetitive hand movement in the performance of daily duties; to climb unusual heights on ladders; to lift, carry, push, and/or pull moderate to heavy amounts of weight; to operate assigned equipment and vehicles; and to verbally communicate to exchange information.
• Vision: See in the normal visual range with or without correction. • Hearing: Hear in the normal audio range with or without correction.
Reso No. (CM)
Reference: Reso No.122-21(CM) (Rescind)
Meeting Date: 110525 SWZ ______ TV ______ HR ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING AND AUTHORIZING THE REVISED JOB
CLASSIFICATION AND JOB DESCRIPTION FOR COLLECTION
SYSTEMS SUPERVISOR (MID-MANAGEMENT) AT THE ESTABLISHED
SALARY RANGE OF $45.40-$60.84 PER HOUR OR $7,869.59-$10,545.99
PER MONTH AND REPEALING THE JOB CLASSIFICATION AND
DESCRIPTION OF COLLECTION SYSTEMS MANAGER
WHEREAS, on October 29, 2025, the Personnel Commission of the City of Watsonville reviewed and recommended to the City Council the revised job classification and job description of Collection Systems Supervisor; and WHEREAS, the City Manager has submitted her report and recommendation to the City Council to approve and authorize the revised job classification and job description of Collection Systems Supervisor, a copy of which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving and authorizing the revised job classification and job description for Collection Systems Supervisor 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
Reso No. (CM)
Reference: Reso No. 122-21(CM) (Rescind)
Meeting Date: 110525
2 with certainty that there is no possibility that this action may have a significant effect on the environment.
2. That the job classification and description of Collection Systems Supervisor (Mid-Management), attached hereto, is hereby approved and authorized at the established Salary Range of $45.40-$60.84 per hour or $7,869.59-$10,545.99 per month.
3. That the job classification and description of Collection Systems Manager is hereby revoked effective immediately.
**********************************
1 | Collection Systems Supervisor Job Description
City of Watsonville
Job Description
JOB TITLE: Collection Systems Supervisor DATE APPROVED:
DEPARTMENT: Public Works & Utilities SUPERSEDES: April 2021 REPORTS TO: Wastewater Division Manager
SUPERVISION: Collection Systems Operator I,II,III
EMPLOYEE UNIT: Mid-Management
FLSA : Exempt
JOB SUMMARY:
Under direction, plans, organizes, oversees, coordinates, and reviews the work of staff performing installation, construction, maintenance, and repair activities within the Collection Systems Division of the Public Works and Utilities Department; administers current and long-range planning activities; manages the effective use of the City's public works maintenance resources to improve organizational productivity and customer service; provides complex and responsible support to the Wastewater Division Manager in areas of expertise; and performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
This is a management classification that manages the installation, construction, maintenance, and repair of the City’s wastewater collection and stormwater systems. Responsibilities include performing diverse, specialized, and complex work involving significant accountability and decision-making responsibility. The incumbent organizes and oversees day-to-day activities and operations of the assigned functional area, including participating in short and long-term improvement planning. Successful performance of the work requires an extensive background as well as skill in coordinating work with that of other divisions, departments, and public agencies. This class is distinguished from the Wastewater Division Manager in that the latter is a division manager and is responsible for planning, organizing, and directing, through subordinate staff, the administrative and operational activities of the Collection Systems Division, including maintenance and repair of wastewater collection and stormwater systems and lift stations.
EXAMPLES OF ESSENTIAL DUTIES:
The following duties are performed under the direction of the Public Works and Utilities Director, or their designee. Additional duties may be assigned.
• Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned function; recommends within department and division policy, appropriate service and staffing levels; recommends and administers policies and procedures. • Plans, manages, and oversees the installation, construction, maintenance, and repair of the City’s wastewater collection and stormwater systems.
• Develops and standardizes procedures and methods to improve the efficiency and effectiveness of assigned programs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support
2 | Collection Systems Supervisor Job Description
systems, and internal reporting relationships; identifies opportunities for improvement and recommends to the Wastewater Division Manager.
• Manages and coordinates the work plan for the assigned programs; meets with staff to identify and resolve problems; assigns work activities and projects; monitors work flow; reviews and evaluates work products, methods, and procedures.
• Participates in the selection, training, motivation, and evaluation of assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
• Monitors construction and maintenance projects to ensure timely and cost effective completion; maintains standards for materials and construction; regularly inspects work in progress and provides technical direction as needed; troubleshoots and develops solutions for complex technical problems. • Manages the Collection Systems after hours emergency response program; coordinates and monitors activities of participating staff members; schedules and conducts training; communicates with Risk Manager regarding losses; performs related administrative tasks including billing of property owners. • Develops and reviews staff and regulatory reports related to wastewater collection and stormwater systems; ensures compliance with National Pollutant Discharge Elimination System (NPDES) regulations and coordinates annual reporting.
• Coordinates wastewater collection and stormwater system maintenance and construction projects with the Engineering Division, other City departments, independent contractors, local, state, and federal agencies, and customers.
• Manages and participates in the development and administration of assigned budgets. • Provides complex staff assistance to the Wastewater Division Manager, including development of division performance goals and long-range planning; performs special projects as assigned. • Oversees and assists in the negotiation of contracts; monitors and administers contracts to ensure compliance with City policies and procedures and timely completion of projects. • Meets with various local, state, and federal agencies, public and private organizations, vendors, contractors, citizens and community groups.
• Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of wastewater collection and stormwater maintenance and repair; monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.
• Receives, investigates, and responds to problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. • Responds to operations, maintenance, and repair emergency situations as required. • May be required to perform duties related to confined space entry and rescue. • Performs related duties as required.
EMPLOYMENT STANDARDS
Knowledge of:
• Operational characteristics, services, and activities of a collection systems program. • Administrative principles and practices, including goal setting, program development, implementation, evaluation, and project management.
• Principles and practices of budget and contract development and administration. • Principles and practices of employee supervision, either directly or through subordinate levels of supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.
3 | Collection Systems Supervisor Job Description
• Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned functional area. • Principles, practices, tools, and materials for installing, cleaning, and repairing wastewater and stormwater collection systems.
• Methods, materials, and techniques used in the construction of public works projects. • Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
• Practices of researching operations and maintenance issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Recent and ongoing developments, current literature, and sources of information related to wastewater collection and stormwater operations and maintenance.
• Safety equipment and practices related to the work, including the handling of hazardous chemicals and confined space entry.
• Record keeping principles and procedures.
• Office procedures, methods, and equipment including computers and applicable software applications. • English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. • Techniques for providing a high level of customer service by effectively dealing with the public, contractors, and City staff.
Ability to:
• Coordinate and direct collection system maintenance programs. • Recommend and implement goals, objectives, and practices for providing effective and efficient services.
• Administer complex and technical operations, maintenance, and related programs in an independent and cooperative manner.
• Plan, organize, assign, review, and evaluate the work of staff; train staff in work procedures. • Evaluate and develop improvements in operations, procedures, policies, or methods. • Research, analyze, and evaluate new service delivery methods, procedures, and techniques. • Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. • Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.
• Interpret, apply, explain, and ensure compliance with federal, state, and local policies, procedures, laws, and regulations.
• Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical reports.
• Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and in meetings with individuals.
• Establish and maintain a variety of filing, record keeping, and tracking systems. • Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize your own work, set priorities, and meet critical time deadlines. • Make sound, independent decisions within established policy and procedural guidelines.
4 | Collection Systems Supervisor Job Description
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
EDUCATION/TRAINING AND EXPERIENCE:
Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade.
Experience:
Six years of increasingly responsible experience in the inspection, installation, maintenance, and repair of wastewater collection and stormwater systems, or equivalent as defined by the California Water Environment Association (CWEA), including three years of supervisory experience.
LICENSE & CERTIFICATION:
• Possession of and maintain a valid California Class A driver’s license, including a safe driving record. • Possession of an active Grade III Wastewater Collection System Technologist Certificate issued by the California Water Environment Association (CWEA).
• Possession and maintenance of a Grade IV Wastewater Collection System Technologist Certificate issued by the California Water Environment Association (CWEA) within eighteen (18) months of employment.
• Possession of a Mechanical Technologist Grade I Certificate issued by the California Water Environment Association (CWEA).
Other Requirements:
• Must reside within a 30 minute response time by the end of probationary period. • Experience using computerized maintenance management systems.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential job functions.
• Environment: Standard office setting and outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, noxious odors, gases, mechanical and electrical hazards, and all types of weather and temperature conditions; exposure to hazardous traffic conditions; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain; work at heights; incumbents may be required to respond to emergency and public calls after hours including evenings and weekends.
• Physical: Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to walk, stand, and sit for prolonged periods of time; to frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp, and make repetitive hand movement in the performance of daily duties; to climb unusual heights on ladders; to lift, carry, push, and/or pull