AGENDA
CITY OF WATSONVILLE
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- 3040
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.
Tuesday, December 2, 2025, 4:30 p.m.
Pages
1. ROLL CALL
1.a INTRODUCTION OF NEW EMPLOYEES & RECOGNITION OF RETIREES
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 LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency negotiator: Nathalie Manning, Marissa Duran and Mark Wilson, Burke Williams and Sorensen
Employee organizations: Confidential, Executive Team, Fire Management, International Association of Firefighters (IAFF) Local 1272, Management, United Public Employees of California (LiUNA), Local 792, Operating Engineers Local Union No. 3 (OE3), Police Officers Association, Police Management, Public Safety Mid-Management, Service Employees International Union (SEIU), Local 521 Clerical Technical
2.b CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
(Government Code Section 54956.9(b))
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: [One Case]
2.c PERSONNEL MATTERS
(Government Code Section 54957)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: [ City Attorney ]
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. INFORMATION ITEMS
5.a MISCELLANEOUS DOCUMENTS REPORT 7
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) 11
7. PRESENTATIONS
7.a MAYOR'S PROCLAMATION RECOGNIZING LAND TRUST OF SANTA
CRUZ COUNTY
7.b MAYOR'S PROCLAMATION RECOGNIZING RANCH MILK MARKET
7.c MAYOR'S PROCLAMATION RECOGNIZING VALLARTA SUPERMARKETS
7.d MAYOR'S PROCLAMATION RECOGNIZING WATSONVILLE CYCLERY
8. REPORT OUT OF CLOSED SESSION
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 PLANS & SPECIFICATIONS & CALL FOR BIDS FOR PHASE 1 OF THE WATSONVILLE CITY PLAZA REVITALIZATION PROJECT (Recommended by Parks & Community Services Director Calubaquib)
13 RESOLUTION APPROVING PLANS & SPECIFICATIONS & CALLING FOR BIDS FOR PHASE 1 OF THE WATSONVILLE CITY PLAZA
REVITALIZATION PROJECT, NO. PK 25-09053 (ESTIMATED COST OF $1,100,000 WILL BE FUNDED FROM THE SPECIAL GRANTS FUND (0260) ACCOUNT NUMBER 260-337-7361-09053)
9.b CONTRACT CHANGE ORDER NO. 2 WITH STAR ENERGY
MANAGEMENT, INC., FOR THE CITYWIDE LED STREETLIGHT
REPLACEMENT PROJECT (Recommended by Public Works & Utilities Director Lindberg)
25 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 TO CONTRACT NO. 3609 WITH STAR ENERGY MANAGEMENT, INC., FOR THE CITYWIDE LED STREETLIGHT INSTALLATION PROJECT, NO. ST-25- 01, INCREASING THE CONTRACT AMOUNT BY $13,000; & AUTHORIZING
CITY MANAGER TO EXECUTE THE CHANGE ORDER (FUNDED FROM
THE MEASURE R FUND)
9.c CHANGE ORDER NO. 2 WITH JAM SERVICES, INC., FOR
PROCUREMENT OF GENERAL ELECTRIC LED STREETLIGHT MODULES (Recommended by Public Works & Utilities Director Lindberg) 33 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO PURCHASE ORDER NO. 2600009 WITH JAM SERVICES, INC., FOR THE
PROCUREMENT OF LED STREETLIGHT BULBS FOR THE CITYWIDE LED STREETLIGHT INSTALLATION PROJECT, NO. ST-25-01, AT NO COST TO THE CITY; & AUTHORIZING CITY MANAGER TO EXECUTE THE CHANGE
ORDER (FUNDED FROM THE MEASURE R FUND)
9.d SECOND CONTRACT AMENDMENT WITH RAIMI & ASSOCIATES, INC.
FOR CONSULTANT SERVICES FOR THE 6TH CYCLE HOUSING
ELEMENT IMPLEMENTATION (Recommended by Interim Community Development Director Manning)
41 RESOLUTION APPROVING THE SECOND CONTRACT AMENDMENT
WITH RAIMI & ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR THE 6TH CYCLE HOUSING ELEMENT IMPLEMENTATION, EXTENDING THE TERM OF THE CONTRACT FROM DECEMBER 31, 2025 TO MARCH 31, 2026
9.e SECOND CONTRACT AMENDMENT WITH PACIFIC CREST
ENGINEERING, INC. FOR THE RAMSAY PARK RENAISSANCE PROJECT (Recommended by Parks & Community Services Director Calubaquib) 90 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT WITH PACIFIC CREST ENGINEERING, INC., FOR SPECIAL INSPECTION,
TESTING, & GEOTECHNICAL ENGINEERING SERVICES FOR THE
RAMSAY PARK RENAISSANCE PROJECT; INCREASING THE CONTRACT AMOUNT BY $75,399.75 FOR A REVISED TOTAL CONTRACT AMOUNT
NOT TO EXCEED $247,739.75
9.f FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT 99
RESOLUTION APPROVING FIRST AMENDMENT TO EMPLOYMENT
CONTRACT WITH TAMARA VIDES FOR EMPLOYMENT AS CITY
MANAGER
9.g FIRST AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY
CONSTRUCTION STAGING AREA AT LAND TRUST OF SANTA CRUZ
COUNTY PROPERTY LOCATED AT 275 LEE ROAD (Recommended by Public Works & Utilities Director Lindberg)
102
RESOLUTION APPROVING FIRST AMENDMENT TO LICENSE
AGREEMENT WITH THE LAND TRUST OF SANTA CRUZ COUNTY, A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, FOR A TEMPORARY CONSTRUCTION STAGING AREA LOCATED AT 275 LEE
ROAD, WATSONVILLE, CALIFORNIA, REDUCING THE ACREAGE
SUBJECT TO THE AGREEMENT
9.h FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT WITH T-MOBILE USA, INC., FOR CELLULAR ANTENNA
SPACE ON THE MUNICIPAL AIRPORT ROTATING BEACON TOWER
(Recommended by Airport Director Williams)
121
RESOLUTION ADOPTING A FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH T-MOBILE USA, INC., FOR CELLULAR
ANTENNA SPACE ON THE MUNICIPAL AIRPORT ROTATING BEACON
TOWER & AUTHORIZING & DIRECTING THE CITY MANAGER TO
EXECUTE SAME & ANY AMENDMENTS THERETO OF A NONSUBSTANTIVE NATURE SUBJECT TO LEGAL APPROVAL
9.i CONTRACT WITH MNS ENGINEERS, INC. FOR CONSTRUCTION
MANAGEMENT SERVICES FOR THE LEE ROAD TRAIL - PHASE 1
(Recommended by Public Works & Utilities Director Lindberg) 139
RESOLUTION AWARDING PROFESSIONAL SERVICES CONTRACT TO
MNS ENGINEERS, INC., FOR CONSTRUCTION MANAGEMENT &
INSPECTION SERVICES FOR THE LEE ROAD TRAIL - PHASE 1, CITY PROJECT NO. CT-24-14860 FEDERAL PROJECT NO. 5031(040), IN AN AMOUNT NOT TO EXCEED $425,066
9.j CONSTRUCTION CONTRACT WITH MONTEREY PENINSULA
ENGINEERING FOR THE LEE ROAD TRAIL PHASE 1 (Recommended by Public Works & Utilities Director Lindberg)
198
RESOLUTION AWARDING CONSTRUCTION CONTRACT TO MONTEREY
PENINSULA ENGINEERING, A PARTNERSHIP, FOR THE LEE ROAD
TRAIL - PHASE 1, CITY PROJECT NO. CT-24-14860, FEDERAL PROJECT NO. 5031(040), IN THE AMOUNT OF $1,683,523, PLUS AN ADDITIONAL 10% CONTINGENCY ($168,352), FOR A TOTAL PROJECT AMOUNT OF $1,851,875
9.k CONTRACT WITH MICHAEL K. NUNLEY & ASSOCIATES, INC. FOR
PROFESSIONAL ENGINEERING SERVICES RELATED TO THE CITY'S HEXAVALENT CHROMIUM TREATMENT PROJECT (Recommended by
Public Works & Utilities Director Lindberg)
206
RESOLUTION AWARDING PROFESSIONAL SERVICES CONTRACT TO
MICHAEL K. NUNLEY & ASSOCIATES, INC., FOR ENGINEERING DESIGN
SERVICES FOR HEXAVALENT CHROMIUM TREATMENT, IN AN AMOUNT NOT TO EXCEED $982,022
9.l SOFTWARE SERVICE AGREEMENT RENEWAL WITH OPENGOV FOR
THE PROCUREMENT SUITE SOFTWARE & EXTENDING SOFTWARE
SERVICES FOR AN ADDITIONAL YEAR (Recommended by Public Works & Utilities Director Lindberg)
233
RESOLUTION APPROVING SOFTWARE SERVICE AGREEMENT
RENEWAL WITH OPENGOV, INC., FOR THE PROCUREMENT SUITE
SOFTWARE & EXTENDING THE SOFTWARE SERVICES FOR AN
ADDITIONAL YEAR & INCREASING THE CONTRACT, IN THE AMOUNT OF $40,376.34, FOR A TOTAL REVISED CONTRACT AMOUNT NOT TO
EXCEED $132,754.24
9.m APPROPRIATE $25,800 FROM MEASURE Y VEHICLE SALES TO THE
MEASURE Y CAPITAL IMPROVEMENT PLAN FOR VEHICLE
REPLACEMENTS (Recommended by Interim Police Chief Rodriguez) 239
RESOLUTION APPROPRIATING $25,800 FROM THE MEASURE Y
REVENUE ACCOUNT TO THE MEASURE Y CAPITAL IMPROVEMENT
PLAN FOR VEHICLE REPLACEMENTS
9.n FIVE-YEAR LEASE AGREEMENT WITH YWCA OF WATSONVILLE FOR USE OF CITY OWNED PROPERTY LOCATED AT 118 SECOND STREET (Recommended by Parks & Community Services Director Calubaquib) 243
RESOLUTION APPROVING FIVE YEAR LEASE AGREEMENT WITH YWCA
OF WATSONVILLE, A CORPORATION, FOR CITY PROPERTY LOCATED AT 118 SECOND STREET, (MARINOVICH PARK), FOR A CHILD CARE
FACILITY
9.o AUTHORIZE HONORING OF BANK SIGNATURES (Recommended by Administrative Services Director Duran)
269
RESOLUTION AUTHORIZING BANKS, INVESTMENT INSTITUTIONS &
THEIR CORRESPONDENTS TO HONOR SIGNATURES OF CITY
MANAGER TAMARA VIDES, ADMINISTRATIVE SERVICES DIRECTOR
MARISSA DURAN, ASSISTANT FINANCE MANAGER JOEMAIYRA
NOLASCO, FINANCE ANALYST ILDA ESTRADA & ACCOUNTANT II
JILLIAN MORALES ON BEHALF OF THE CITY OF WATSONVILLE
10. ITEMS REMOVED FROM CONSENT AGENDA
11. PUBLIC HEARINGS, ORDINANCES, & APPEALS
11.a ABATEMENT OF A NUISANCE AT PARCEL (014-021-01) IN THE CITY OF
WATSONVILLE
271
1) Staff Report by Senior Code Enforcement Officer Vargas 2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion
5) City Council Deliberation on Motion
6) Action on Resolution Overruling Objections, if Any, & Ordering Abatement
of a Public Nuisance on Private Property at Vacant Lot on Airport Blvd (014- 021-01), Watsonville, California, Pursuant to Chapter 17 (Nuisances) Of Title 5 (Public Welfare, Morals, & Conduct) of the Watsonville Municipal Code
12. NEW BUSINESS
12.a REGIONAL INTEROPERABLE NEXT-GENERATION (RING) RADIO SYSTEM
299
1) Staff Report by Police Captain McKinley
2) City Council Clarifying & Technical Questions
3) Public Input
4) Appropriate Motion
5) City Council Deliberation on Motion
6) Motion Approving the City’s participation in the Regional Interoperable Next Generation (RING) Radio System by Authorizing the City Manager to Negotiate Final Business Terms & Execute the Master Service and Governance Agreement (MSGA) with the County of Santa Cruz and Other Partner Agencies, & Approve the City’s Financial Commitment Consistent with the Agreed-upon Cost Sharing Model
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 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.
CITY COUNCIL CITY OF WATSONVILLE
Miscellaneous Documents Report
December 2, 2025
MISCELLANEOUS DOCUMENTS REPORT
DECEMBER 2, 2025
1.0 APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
--El Oro Mini Market Inc
November 18, 2025
2.0 PROCLAMATIONS
-U.S. Army Specialist Lannie Atkinson
2025 Veteran of the Year
November 11, 2025
-U.S. Marine Lance Corporal Ignacio Mata
2025 Veteran of the Year
November 11, 2025
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE
ABC 211 (6/99)
State of California
TO:Department of Alcoholic Beverage Control File Number: 674948 1137 WESTRIDGE PARKWAY Receipt Number: 3061433
SALINAS, CA 93907 Geographical Code: 4403
(831) 755-1990 Copies Mailed Date: November 18, 2025
Issued Date:
DISTRICT SERVING LOCATION: SALINAS
First Owner: EL ORO MINI MARKET INC
Name of Business: EL ORO MINI MARKET
Location of Business: 753 E LAKE AVE
WATSONVILLE, CA 95076-3503
County SANTA CRUZ
Is Premises inside city limits Yes Census Tract: 1102.01 Mailing Address:(If different
from
premises address)
Type of license(s): 20 Dropping Partner: Yes ___ No
Transferor's license/name: 552719 / 99 CENTS ONLY STORES LLC License Type Transaction Type Master Secondary LT And Count 20 - Off-Sale Beer And Wine PER/PRM Y
License Type Transaction Description Fee Code Pup Date Fee Application Fee DBL TRF: PREMISES AND PERSON NA 0 11/18/25 $1,105.00 Application Fee FEDERAL FINGERPRINTS NA 1 11/18/25 $24.00Application Fee STATE FINGERPRINTS NA 1 11/18/25 $39.00 20 - Off-Sale Beer And Wine ANNUAL FEE NA 0 11/18/25 $490.00 Total $1,658.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No
STATE OF CALIFORNIA County of SANTA CRUZ Date: November 18, 2025 Applicant Name(s)
EL ORO MINI MARKET INC
NOV21’25 PM4:43
Received
Watsonville
City Clerk
roclamation
U.S. Army Specialist Lannie Atkinson
2025 Veteran of the Year
November 11, 2025
WHEREAS, Specialist (SPC) Lannie Atkinson has dedicated his life to service, both to his country and to the Watsonville community, exemplifying integrity, leadership, and compassion; and
WHEREAS, a native of Metropolis, Illinois, Lannie began his distinguished career at the age of seventeen, joining the U.S. Army Reserves in 1983 and serving his nation with honor through 1992; and
WHEREAS, Lannie was assigned to the 289th Medical Detachment in Paducah, Kentucky, where he entered military life through the split-option training program; and WHEREAS, after completing training at Fort Sam Houston, Texas, and Fort Bliss, Texas, he served in Bad Kissingen, Germany with the 2nd Squadron, 11th Armored Cavalry Regiment known as the distinguished “Black Horse Regiment”; and
WHEREAS, following his overseas service, Lannie continued his military career at Fort Knox, Kentucky, serving with the 4th Cavalry Tank Battalion until his honorable discharge; and
WHEREAS, since moving to Watsonville in 2002, Lannie has been an active member and Chaplain of the CPL Edward H. Lorenson America Legion Post 121, where he has led compassionate community efforts, including organizing and personally delivering Sunday breakfast to those in need; and
WHEREAS, through his honorable military service, steadfast civic engagement, and tireless efforts to uplift others, Lannie has exemplified the highest ideals of duty, service, and community.
NOW, THEREFORE, I, Maria Orozco, Mayor of the City of Watsonville, in the State of California, on behalf of the City Council hereby congratulate Lannie Atkinson on being named the “2025 Veteran of the Year” by the American Legion Post 121.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Watsonville to be affixed this 11th day of November, Two thousand and twenty-five.
________________________
Maria Orozco, Mayor
W ATSONVILLE, CALIFORNIA
P
roclamation
U.S. Marine Lance Corporal
Ignacio Mata
2025 Veteran of the Year
November 11, 2025
WHEREAS, Ignacio Mata, a proud native of Santa Cruz County, has built his life around the principles of duty, compassion, and service- devoting himself to his country, his community and those in need; and
WHEREAS, born on April 21, 1980, in Santa Cruz County to Ignacio Mata and Angelina Silva, immigrants from Teocuitatlán, Jalisco, Mexico, Ignacio grew up in Watsonville, graduated from Watsonville High School in 1999, and later attended San José State University before enlisting in the U.S.
Marine Corps to pursue education and serve his country with honor; and WHEREAS, Ignacio served as a Lance Corporal (E-3) in the U.S. Marine Corps from June 2001 to June 2004, during Operation Iraqi Freedom, where he was assigned to the Shock Trauma Platoon as a hazardous materials and explosives specialist and ambulance driver—courageously transporting injured service members and civilians; and
WHEREAS, Ignacio continued his commitment through the California Army National Guard, where he served under Title 10 orders from April 2007 to July 2007 in support of Operation Iraqi Freedom, and later provided essential aid to communities impacted by Hurricane Katrina; and WHEREAS, Ignacio continues to make a meaningful difference through his active role with Veterans of Foreign Wars Post 1716, where he assists fellow veterans in accessing critical services; and WHEREAS, combining creativity with passion, Ignacio founded Soy Tank Candle Company in 2021, which later became part of Arte del Corazon, offering free candle-making workshops for veterans and youth as a means of connection and healing; and
WHEREAS, Ignacio’s daily acts of generosity reflect his lifelong commitment to service, keeping his vehicle equipped with emergency kits, blankets, and clothing to assist those experiencing hardships; and WHEREAS, Ignacio stands as a shining example of selflessness, resilience, and service to both its nation and community.
NOW, THEREFORE, I, Maria Orozco, Mayor of the City of Watsonville, in the State of California, on behalf of the City Council hereby congratulate Ignacio Mata on being named the “2025 Veteran of the Year” by the Veterans of Foreign Wars Post 1716.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Watsonville to be affixed this 11th day of November, Two thousand and twenty-five.
________________________
Maria Orozco, Mayor
WAT SONVILLE, CALIFORNIA
P
Mayor's Updates
12/2/2025
• Thank you to everyone who joined us for the Tree Lighting. It was great to see so many families and neighbors come together to kick off the season. A big thank-you to our performers, staff, and volunteers who worked hard to make this event happen. And a reminder — our Noche de Brillo / Night of Sparkle is on December 14th. Hope to see you all there!
• I attended the Friends of Watsonville Parks & Community Services Board of Directors meeting. We have begun planning for next year’s Cesar Chavez Community Awards and continue to secure sponsors for Noche de Brillo.
• We continue our conversation with PVUSD on a potential partnership to expand park and open-space access for families, especially in districts that are park poor. • I attended the Community Partner Convening on Federal Policy Impacts, where community-based organizations, local agencies, schools, and health providers came together to share data and insights on how federal policy changes are affecting our residents. The convening helped us review early trends, hear directly from partners about what families are experiencing, map impacts across systems, and identify opportunities to strengthen our coordinated local response.
Mayor's Updates
12/2/2025
• I had the honor of joining the Salvation Army for their Red Kettle Kick-Off event.
The Salvation Army plays an essential role in supporting families facing food insecurity and difficult moments. I am grateful to the volunteers who will spend the next several weeks ringing bells, greeting neighbors, and ensuring every family is treated with dignity and care.
• I was honored to administer the oath of office for newly appointed Cabrillo College Trustee Francisco "Paco" Estrada.
• Thank you to City staff for working with RTC staff on our grant applications, and to the RTC commissioners for their support. Because of these funds, we will be able to move forward with major road improvements on Freedom, Clifford, and other road projects.
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: FACILITIES MANAGER BERRY
RECOMMENDED BY: DEPUTY CITY MANAGER CALUBAQUIB
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR BIDS FOR PHASE 1 OF THE WATSONVILLE CITY PLAZA REVITALIZATON PROJECT, NO. PK-25-09053
RECOMMENDATION:
Adopt a resolution approving plans and specifications and calling for bids for Phase 1 of the Watsonville City Plaza Revitalization Project, No. PK-25-09053 (Estimated cost of $1,100,000 will be funded from the Special Grants Fund [0260]).
BACKGROUND:
On February 11, 2020, City Council adopted Resolution No. 13-20 (CM) adopting the City of Watsonville’s 2020 Parks and Recreation Strategic Plan, which included the Ramsay Park and City Plaza Park concept plan. Staff then focused on developing the conceptual plans to design construction documents for both Ramsay Park and the City Plaza Park. On December 13, 2019, the City of Watsonville’s Zoning Administrator issued an Administrative Use Permit with Design Review and Environmental Review (PP2019-448) with Findings and Conditions for the City Plaza Park site, located at 350 Main Street. In that permit, a Mitigated Negative Declaration was prepared for this project, in compliance with CEQA guidelines, and it was determined that the proposed project would not have substantial impacts on the environment.
On September 22, 2020, City Council adopted Resolution No. 171-20 (CM) approving the application for Statewide Park Development and Community Revitalization Program Grant Funds. In December of 2021, the Parks and Community Services Department was awarded a grant in the amount of $3,349,595 for the City Plaza Revitalization project.
2 On May 27, 2025, City Council adopted Resolution No. 138-25 (CM) authorizing the execution of a Bond Purchase Agreement in an aggregate principal amount not to exceed thirteen million dollars of which $3.5 million would be used for the City Plaza Revitalization Project.
In November of 2022, staff sent out a Request for Proposal (RFP) for Landscape Architectural Design and Consultant Services for the City Plaza Revitalization project. The proposal was sent to consultants with previous experience working with the city and was also advertised on E-Bid Board. In describing the project, the RFP states:
The City Plaza Revitalization Project weaves together the space's rich history with the community's current and modern use of this culturally significant asset. Known as the "heart of the city," this downtown plaza has been the focus of community gatherings and celebrations for well over a century. Watsonville City Plaza is on the National Register of Historic Places, with its classic design, which includes a bandstand (gazebo) and fountain. The community proposes to restore these features to their historic grandeur, preserving them for the enjoyment of future generations. Integrating new recreational features and upgrading the park’s infrastructure will serve to accommodate 20+ annual events and weekly farmers’ market in and around the plaza. This project will increase recreational opportunities and protect a safe green space for residents, while augmenting the site’s historical and cultural significance for one of Watsonville’s densest and most disadvantaged neighborhoods.
Through the RFP process, SSA Landscape Architects of Santa Cruz was selected, and in February 2023 two resolutions were adopted. Resolution No. 33-23 (CM) accepted the Statewide Park Development and Community Revitalization Program grant funds in the amount of $3,349.595; and Resolution No. 34-23 (CM) awarding a professional services contract to SSA Landscape Architects.
Work began immediately. The consultant reviewed the master plan and worked with staff to further design and detail the drawings. Staff met with Stakeholders to receive their input. Basic improvements, as stated in the master plan, were improved upon, and are as follows:
Seismically retrofit and cosmetically refurbish the gazebo Repave gazebo surface and surroundings with permeable pavers and landscaping. Refurbish the fountain area with a brick plaza, park benches, and interpretative signage. Install as 30-inch-high permanent concrete stage facing out from the gazebo toward Main Street. ADA-accessible spectator area, permeable pavers, and a sloped ramp with guardrails to the stage. Install a game table area south of the gazebo.
Install a picnic table area east of the gazebo.
Repave existing pathways with brick accent.
Install a historic/art element pedestal at the corner of Main Street and East Beach Street Drinking fountain with bottle-filling station.
Four new public art features designed by local artist Kathleen Crocetti. Relocate cannons along Main Street.
New electrical service and infrastructure to accommodate cultural performances, holiday lighting, and upgrades and expansion of existing park lighting.
3 Plant six 15-gallon sized trees, 14 smaller ornamental trees, and four large statured shade trees, 17 existing trees will be maintained on site, including three trees designated, under Chapter 7-13, Preservation of Historical Trees, of the Watsonville Municipal Code. Sixteen (16) trees will be removed from the site, including nine unhealthy trees, and two trees will be relocated.
The transition from master plan to contract drawings went smoothly except for one scope of work. The top item on the preceding list “Seismically retrofit and cosmetically refurbish the gazebo” proved to be a more expansive scope of work than anticipated. Cosmetic repairs to the gazebo were straightforward, but the required structural repairs to the building were extensive.
The structural engineering consultant assessed the existing condition of the building and requested special testing on the structure. Once those tests came in, the engineer concluded that the building should not be occupied by staff, and that if the goal was for the gazebo to be ultimately open to the public, extensive structural retrofitting was required. They produced three design options, which were then priced out by an experienced historical restoration contractor. Staff then took these estimates to the City Council in August of 2024 to inform them that to fully restore the gazebo to a condition where it could be open to the public would increase previous project estimates by $500,000. City Council agreed to move forward with this action.
DISCUSSION:
Structural upgrades were added to the project documents and were then submitted for permitting by the City’s Community Development Department. Comments came back, plans revised, and the backcheck set resubmitted. From the resubmitted set, SSA provided a revised construction estimate. The project, which always had a tight budget, is now estimated to be $1.3 million over budget. Staff had to look at different bid strategies to determine if they wanted to move forward.
One option was to identify the base bid with scopes that would be built and have other areas of construction as add alternates to be added depending on the base bid price. The second option was to construct the project in two phases. The first phase would be all the historical retrofitting work, which includes the gazebo and fountain. Once completed, staff would then work on the remainder of the project as the second phase, identifying the most important elements of the plaza renovation as part of the base bid. These would be the stage, new path surfacing, and extensive electrical work including new infrastructure and new site lighting. Other work could be added to the project as add alternates depending on the project budget.
Staff recommend moving forward with the second option. We are requesting a resolution approving the plans and specifications for reconstructing the gazebo, both structurally and cosmetically, and the fountain as part of Phase 1. Current estimate for this work is $1.1 million, and project duration is 6 months. This strategy ensures that there will be adequate funding to finish the work on the gazebo to completion. It also allows staff to set criteria for the type of specialized contractor best suited for this type of work. Remaining funds would then be applied to Phase 2, which would identify a prioritized list
4 of scopes. Funding will come from the California Statewide Park Development Grant and Measure R Bonding. The schedule for Phase 1 and Phase 2 construction is as follows:
December 2, 2025: Receive Council authorization to bid.
December 25 – January 26: Bid advertisement period, with bid opening in late January.
February 2026: Award bid at City Council Meeting.
March 2026: Notice to Proceed.
April to September 2026: Six (6) month construction period. Bidding for Phase 2 will be conducted simultaneously.
October 2026: Phase 2 construction to begin with nine (9) month duration.
With Phase 1, the Parks and Community Services Team feels it has a sound approach to moving the City Plaza Revitalization project forward considering the challenges of the budget restraints and requirements for restoring the gazebo. This is the first step of the Plaza renovation, and upon completion, the renovated park will be a welcome asset to the community and downtown area. Staff recommend that the Council approve this call for bids for Phase 1 of this project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
On December 13, 2019, the City of Watsonville’s Zoning Administrator issued an Administrative Use Permit and Design Review Permit with Environmental Review (PP2019-448) for the Watsonville City Plaza Revitalization project with no substantial evidence that the project will have a significant effect on the environment in accordance with Public Resources Code section 21080(c).
In December 2019, a Notice of Determination with a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Plan (MMRP) was filed with the Santa Cruz CEQA Clerk and Office of Planning and Research by the Zoning Administrator pursuant to CEQA provisions.
Approving plans and specifications and calling for bids for the Watsonville City Plaza Revitalization Project does not create any new or more intense impacts that have not already been analyzed. No further CEQA action is thus needed at this time.
STRATEGIC PLAN:
This recommendation is consistent with the following Council Strategic Goals:
Infrastructure & Environment: Renovation of significant City infrastructure Community Engagement & Well-Being: Parks support the community’s well-being
5 FINANCIAL IMPACT:
The engineer’s estimate for this Phase 1 of the City Plaza Revitalization project is $1,100,000. The project will be funded from the following funds:
$3,349,595 Statewide Park Development and Community Revitalization Program Grant o Account Number 260-337-7361-09053
ALTERNATIVE ACTION:
The Council may choose not to go out to bid for phase 1, hereby furthering delaying construction of this project and putting the grant funding at risk.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
None.
Reso No. (CM)
Meeting Date: 120225 SWZ ______ TV ______ PCS ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING PLANS AND SPECIFICATIONS AND
CALLING FOR BIDS FOR PHASE 1 OF THE WATSONVILLE CITY
PLAZA REVITALIZATION PROJECT, NO. PK 25-09053 (ESTIMATED COST OF $1,100,000 WILL BE FUNDED FROM THE SPECIAL GRANTS FUND (0260) ACCOUNT NUMBER 260-337-7361-09053)
WHEREAS, on December 13, 2019, the City of Watsonville’s Zoning Administrator issued an Administrative Use Permit and Design Review Permit with Environmental Review (PP2019-448) for the Watsonville City Plaza Revitalization project with no substantial evidence that the project will have a significant effect on the environment in accordance with Public Resources Code section 21080(c); and WHEREAS, in December 2019, a Notice of Determination with a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Plan (MMRP) was filed with the Santa Cruz CEQA Clerk and Office of Planning and Research by the Zoning Administrator pursuant to CEQA provisions.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Approving plans and specifications and calling for bids for the Watsonville City Plaza Revitalization Project does not create any new or more intense impacts that have not already been analyzed. No further CEQA action is thus needed at this time.
2. That the plans and specifications for the Watsonville City Plaza Revitalization Project, No. PK-25-09053, copies of which are on file in the Office of the City Clerk and incorporated by reference in this Resolution, are hereby approved.
3. That the Purchasing Officer is hereby authorized and directed to call for public competitive sealed bids in accordance with Title 7, Chapter 14 of the Watsonville
Reso No. (CM)
Meeting Date: 120225 2
Municipal Code for the above named project, and that the bids are to be opened in the “Old City Council Chambers”, 250 Main Street, Watsonville, California, on January 22, 2026, at 11:00 AM, and the City Clerk is hereby directed to give notice inviting such sealed bids in the time, form, and manner provided by law.
4. That hand-carried bids should be delivered to the City of Watsonville, 250 Main Street, Watsonville, California, c/o Purchasing Officer. Bidders may mail bids at their own risk to the City of Watsonville, c/o Purchasing Officer, 250 Main Street, Watsonville, California 95076.
5. That after the bids are opened, they shall be tabulated and analyzed and a report submitted to the City Manager, who shall recommend the awarding, or other action, to the Council at its next regular meeting, or as soon thereafter as possible. ************************************
Outlook
City of Watsonville's Proposed Permanent Modification of the Watsonville Plaza From [email protected] <[email protected]>
Date Mon 12/1/2025 4:36 PM
To Irwin Ortiz <[email protected]>; Ari Parker <[email protected]>; [email protected] <[email protected]>; Casey Clark <[email protected]>; Eduardo Montesino <[email protected]>; [email protected] <[email protected]>; Vanessa Quiroz <[email protected]>; Jimmy Dutra <[email protected]>
You don't often get email from [email protected]. Learn why this is important Good Afternoon Ladies and Gentlemen,
I am writing in regards to the City Council's agenda item #9.a placed on the Consent Agenda for tomorrow evening's City Council Meeting. As noted, it's calling for plans, specifications and a call for bids for phase 1 of the Watsonville City Plaza Revitalization Project recommended by the Parks and Community Services Director, Mr. Calubaquib. As a native resident of Watsonville, current community volunteer and a past President of the Pajaro Valley Historical Association, I have worked in the past with the city on researching, along with our Archive volunteers, gathering historical information on proposed projects considered for a new build, remodel or revitalization, as is with your current proposal for the Plaza. I have also read the recent Register Pajaronian article requesting the input of a permanent concrete stage with an art installation of a tiled skirt. This brought forth questions that I would like to propose to you as well as with the members of the City of Watsonville Community Arts and Empowerment Committee.
Those questions being:
1. Are you aware that the City Plaza is on the National Register of Historic Places in the State of California? The state designation encompasses the Plaza from corner to corner, with all of the historical structures and monuments within, those being the bandstand, cannons, water fountain, drinking fountain and anything else that may have been within those four corners when the property was recognized and awarded the designation of which I remember to be back in 1983?
2. After doing some current research, I have found that if a city or county entity is proposing an "altering or modification", which would include a new build to a historically registered property, there is "criteria" that has to be met prior to any decision made or work done to a designated location. Have you contacted the OHP and worked with them in preparation for your proposed recommendation? I have found that contact has to be made with the Office of Historic Preservation (OHP) who is actually overseen by the California State Parks Department. The OHP offers guidance and training to those that oversee historic places. I found that very helpful.
I have contacted both the Register of Historic Places and the Museum of Art and History in Santa Cruz, since they oversee the local "Historic Landmark Program", a program you may know as the "Blue Plaque" recognition. I am hoping to speak to someone soon and ask for more detailed information as to what can or cannot be done 12/2/25, 10:11 AM Inbox - Irwin Ortiz - Outlook
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within our Plaza. Some of you may have already reached out to them but if not, I thought I'd better notify them of your proposed project and see if it meets their criteria and guidelines for altering and modifying. Until then, here is a bit of information that you may want to read prior to tomorrow nights meeting:
Criteria for modification
Adherence to the Secretary of the Interior's Standards for Rehabilitation: Modifications must follow these guidelines to be considered for continued listing. Please see below.
Preservation of historical integrity: The project must not adversely alter the historical characteristics of the property, such as its form, scale, materials, or features.
Compatibility with the original structure: Any new additions should be compatible with the historic building's massing, size, scale, and architectural features.
Local ordinances: The project must comply with all local laws and ordinances, which may have stricter requirements.
What is evaluated
Preserving key features: The modification must preserve the historic building's form, significant materials, and features.
Maintaining integrity: The work should not impair the "essential form and integrity" of the historic property.
Impact on significance: A key test is whether the project would alter the property in an adverse manner such that it would no longer be eligible for listing in the National Register.
Secretary of the Interior's Standards for Rehabilitation (found on their web site)
Rehabilitation as a Treatment:
Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that
characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of 12/2/25, 10:11 AM Inbox - Irwin Ortiz - Outlook
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historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic
significance in their own right will be retained and
preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be
substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken.
9. New additions, exterior alterations, or related new
construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the
future, the essential form and integrity of the historic property and its environment would be unimpaired.
The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring & Reconstructing Historic Buildings Introduction, Historical Overview, Preservation
Standards & Guidelines, Rehabilitation Standards &
Guidelines (pp.1-162, PDF)
Restoration Standards & Guidelines and
Reconstruction Standards & Guidelines (pp.163-241,
PDF)
Now, I know that there may be members of the council or the Parks and Community Services Department that may not be familiar with the history of the Plaza, dating back to the original owner of land grant held. Here is a bit of history on that:
12/2/25, 10:11 AM Inbox - Irwin Ortiz - Outlook
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The Watsonville City Plaza was donated by the heirs of Sebastian Rodriguez, who owned the original land grant. While some sources state he gifted it in 1860, others note he died in 1855, so it was his heirs who completed the donation.
Owner of the land grant: The land was originally part of the Rancho Bolsa del Pajaro, which was owned by Sebastian Rodriguez.
Donation: The property for the plaza was given to the people of Watsonville by his heirs.
Timeline: There is some historical debate, with some accounts stating the donation occurred in 1860, while others clarify that since Rodriguez died in 1855, it was his heirs who completed the donation.
You may be wondering why I am taking such an interest in this agenda item. My family has been in the Pajaro Valley since approximately1900 on my mothers side (Croatian) and on my fathers side (Mexican) since the 1940's. Both families came to the valley in search of a better life and both found work in the apple orchards and agricultural fields, as well as in the local canneries. I am a staunch believer in making changes, if needed, but when it comes to a designated recognized place, such as our beautiful plaza, I feel a little protective of it. I would also like to see the work, done by others in years past, in keeping to the promise of less altering and more preservation of what is already there. So much can be learned about our plaza. Its story needs to be told, shared and honored.
May I suggest that instead of a permanent concrete stage, that a portable stage be used for community events and then stored within the cities yard until needed again.
I believe that I have seen one already used during events. I can also see a liability issue arise with a permanent stage. The city had an issue with the homeless camping out in the Bandstand and had to erect temporary bars to keep them out. What might happen if people use the stage and create another issue? I dread to think of the possibilities. Also, may the city consider the installation of tiles be temporarily displayed in an area near the plaza? It could also feature artwork that could be rotated with others throughout the year. They could still be available to be viewed by the community but not installed on a permanent basis. We already have other permanent installations that can be found along our main street as well as at other locations. I would also hope it could be artwork that would represent all cultures of our beautiful valley. We have so many, possibly more then you realize, and not just the reflecting the current majority. I had the great fortune of both my parents being involved with PVHA as well as numerous organizations in the past and then were able to hand off their interests to me and my siblings, continuing the work they believe we could give back to the community, the same community that gave to our families the gift of prosperity.
Due to recent and temporary health restrictions, I am unable to attend tomorrow nights meeting but will be watching to see what comes of your discussion. Putting the proposal on the consent agenda did nothing but bury the project without further questions by Council or community members. I would hope that members of the Council request to pull the item and ask for further discussion. The matter is that important to do so.
This email is my message to you knowing that it is much longer than the two minutes allowed during a meeting. With that said, I thank you for the time in reading 12/2/25, 10:11 AM Inbox - Irwin Ortiz - Outlook
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this email and would be happy to help the city prepare better for any project they may want to consider within the Plaza or any other location identified.
Best regards,
GeriAnne Solano- Simmons
GeriAnne Solano-Simmons
19 Easton Road
Royal Oaks, CA 95076
Hm# (831)724-1967
Cell # (831)750-9679
Email: [email protected]
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: CONTRACT ON-CALL TRAFFIC ENGINEER RODRIGUEZ RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 2 WITH STAR ENERGY MANAGEMENT, INC., IN THE AMOUNT OF $13,000 FOR THE CITYWIDE
LED STREETLIGHT REPLACEMENT PROJECT
RECOMMENDATION:
Staff recommend that the City Council adopt a resolution to approve Contract Change Order No. 2, in the amount of $13,000 with Star Energy Management, Inc., and authorize and direct the City Manager to execute the same. This contract amendment accommodates unanticipated construction staging due to delays in the delivery of city-furnished LED Streetlight materials and allows for immediate repairs citywide.
BACKGROUND:
The City completed a citywide streetlight survey in the Fall 2025 to develop recommendations for replacement of LED Streetlight modules across the City. The existing streetlights were installed about 18 years ago as part of a PG&E incentive project. 10% of the City’s existing streetlights are currently failing with no light output. Approximately 100 streetlights have been repaired to date but there are still approximately 250 failures.
After the survey, the City initiated a Citywide LED Streetlight Replacement project. This was done in two steps with the City first procuring materials and then hiring a contractor to do the installation.
Procurement. On July 8, 2025, Council approved Resolution No. 187-25 (CM), authorizing purchase of CREE LED streetlight fixtures from JAM Services, in the amount of $1,325,563. On September 9, 2025, Council approved Resolution No. 234-25 (CM), for purchase of Smart photocontrol units for the LED streetlight bulbs from JAM, in the amount of $215,366 for a total revised purchase amount of $1,540,929.
2 Contractor. Also on September 9, 2025, Council approved Resolution No. 223-25 (CM), authorizing execution of a contract with Star Energy Management, Inc., in the amount of $259,160 for installation of the streetlights and photocontrol units.
The Citywide LED Streetlight Replacement Project is funded through the City’s Measure R program as grant funding from PG&E and the State of California is not currently available.
Materials provided by JAM Services include three different items: 1) CREE brand Standard Streetlight Fixtures that are installed on city-owned and PG&E owned poles and are typically installed 30-FT above the roadway, 2) Lumecon brand LED retrofit kits for pedestrian-scale decorative poles, such as those in Downtown, and 3) Smart photo control units to turn streetlights on and off.
DISCUSSION:
CREE is experiencing delays in product delivery of the Standard Streetlight Fixtures due to worldwide tariffs that have resulted in the loss of suppliers used in construction of streetlights; only 350 of the 2,184 units ordered have been received. The Lumecon brand LED retrofit kits for pedestrian-scale decorative poles have all been delivered along with the smart photo control units. The delay with the materials has resulted in a delay with Star Energy Management in starting installation.
Staff have conducted several nighttime surveys to track streetlight outages across the City as well as tracking resident complaints. The last nighttime survey, conducted on Saturday, November 1, 2025, found a total of 243 failed streetlights, as shown on the map included in Attachment 1.
City staff negotiated and implemented Contract Change Order No. 1 (CCO1), in the amount of $13,000 with Star Energy Management, to break the Citywide LED Streetlight Installation project into two phases:
Phase 1 – Immediate Streetlight Repairs. Using the existing 350 CREE LED streetlight fixtures already delivered by JAM Services, CCO1 authorized Star Energy Management to begin installation of these Standard Streetlight Fixtures at burn-out locations across the City and authorized the installation of the Lumecon LED retrofit kits at decorative pole locations. Any new streetlight installed in Phase 1 will be installed with the Smart photo control units. Star Energy Management anticipates beginning installation of Phase 1 beginning on December 1, 2025. Phase 2 – Remaining Streetlights. The City worked with JAM Services to identify an alternative LED streetlight fixture that meets the specifications of the CREE brand streetlight fixtures. The City anticipates the replacement LEDs to take 6 to 8 weeks to be procured upon City Council approval with delivery scheduled by February 2025. Star Energy Management can then begin the installation of remaining LED streetlights. The change order for the streetlight fixtures is being brought to the Council as a separate item.
CCO1 allowed for an additional $30 per streetlight installation fee due to mobilization (350 streetlight units x $30 = $10,500) and staging impacts from traveling around town and a second mobilization fee ($2,500) later in the Spring 2026. CCO1 authorized the use of contingency funds to pay for the work.
3 Contract Change Order No. 2, which Council is considering with this item, replaces contingency funds used in CCO1. This is to ensure that adequate funds are available for unanticipated repairs and troubleshooting during the installation process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The Project is categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing publicly owned utility services.
STRATEGIC PLAN:
This project supports General and Strategic Plan strategies for Infrastructure and Environment by completing installation and upgrades to lighting throughout the city.
FINANCIAL IMPACT:
The $13,000 for this Change Order will come from Measure R funding, account #0201-975-7839-15221.
ALTERNATIVE ACTION:
If the City Council elects to not move forward with the recommended Contract Change Order No. 2, the project could be delayed.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
1. Map of Watsonville LED Streetlight Failures as of 11-01-2025
Attachment 1
Map of Watsonville LED Streetlight Failures as of 11-01-2025
Reso No. (CM)
Reference: Reso No. 233-25 (Amend)
Meeting Date: 120225 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING CONTRACT CHANGE ORDER NO. 2 TO
CONTRACT NO. 3609 WITH STAR ENERGY MANAGEMENT, INC., A
CORPORATION, FOR THE CITYWIDE LED STREETLIGHT
INSTALLATION PROJECT, NO. ST-25-01, INCREASING THE
CONTRACT AMOUNT BY $13,000; AND AUTHORIZING CITY
MANAGER TO EXECUTE THE CHANGE ORDER (FUNDED FROM THE
MEASURE R FUND)
WHEREAS, Resolution No. 233-25 (CM) adopted by the Watsonville City Council on September 9, 2025, awarding Contract No. 3609 to Star Energy Management, Inc., a corporation, for the LED Streetlight Installation Project, No. ST-25-01, in the amount of $259,160; and
WHEREAS, supply chain issues limited streetlight fixture delivery to 350 units, so the City worked with the supplier and contractor to identify alternative sources for the streetlight fixtures and changed phasing of the project to allow the 350 units to be installed immediately and the remaining units to be installed after a substitute fixture was identified and secured; and
WHEREAS, the City and Star Energy Management, Inc. executed Contract Change Order No. 1 in November, 2025, separating the project into two phases with Phase 1 immediately installing 350 streetlight fixtures that have been delivered and Phase 2 installing the balance of the streetlight fixtures after procurement, at a cost of $13,000 to be paid from existing funding within the contract that is identified for contingencies; and WHEREAS, City staff seeks to replace the $13,000 of contingency funding expended with Contract Change Order No. 1 with Measure R funds for a total contract amount not to exceed to $272,160.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Reference: Reso No. 233-25 (Amend)
Meeting Date: 120225
2 1. The Project is categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing publicly owned utility services.
2. That Change Order No. 2 to Contract No. 3609 between the City and Star Energy Management, Inc., a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
3. The City Manager is hereby authorized and directed to execute said Change Order No. 2 for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. ********************************
CONTRACT CHANGE ORDER NO: 2 Contract No: 3609
Project Name: Citywide LED Streetlight Installation Project No: N/A Contractor: Star Energy Management, Inc.
Project Location: Citywide
To: Star Energy Management, Inc.
Additional funding has been added to the contract to replace the Contingency Funding expended for CCO1. There are no changes to the project scope or term.
NOTE: This change order is not effective until approved by the Director of Public Works and Utilities Department CCO Request by: Jaime O. Rodriguez
Description of Work:
1 This contract change increases the contract sum by $13,000. The $13,000 is added to the Contingency $ 13,000.00 Fund, replacing the $13,000 expended in CCO1, bringing the Contingency Fund total to $33,803, and the Contract Sum to $272,160. No new tasks are added. Work shown as Contingency in CCO1 are now identified as CCO1-1 and CCO1-2 in the Current Project Cost Summary.
Total of Changer Order No. 1: $ 13,000.00
Total of Change Order No. 1 $ 13,000.00
The Original Contract Sum Was: $259,160.00
Net Change by Previously Authorized Change Orders $0.00 The Contract Sum Prior to this Change Order was $259,160.00 The Contract Sum will be increased by this change Order(s) in the Amount of $13,000.00 The New Contract Sum Including this Change Order will be $272,160.00 Cumulative Change Order Percentage Increase: 5.02%
By reason of this order the time of completion will
be adjusted as follows: 0 working days
Approved: Approved:
Project Manager Date Director of Public Works & Date
and Utilities
Contract
Change
Approved: Approved:
Director of Administrative Services Date City Manager Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work specified, and accept the prices listed above as full payment for all labor, equipment, materials, overhead and profit required to perform the above described change.
Date Accepted: Contractor Signature:
By (Written Name): Title:
CITY OF WATSONVILLE
Public Works and Utilities Department
CONTRACT CHANGE ORDER NO: 2 Contract No: 3609
Project Name: Citywide LED Streetlight Installation Project No: N/A Contractor: Star Energy Management, Inc.
CITY OF WATSONVILLE
Public Works and Utilities Department
Current Project Cost Summary
Line Item. Description Quantity Unit Measure Unit Cost Total 1 LED Streetlight Replacement Located on Arterials 399 EA $78 $31,122.00 2 LED Streetlight Replacement Located on Collectors/Residential 1830 EA $68 $124,440.00 3 LED Streetlight Replacement on Decorative Acorn Streetlights 517 EA $135 $69,795.00 Base Bid Project: $225,357.00
CCO1-1 Additional $30 for each streetlight replaced in Phase 1 350 EA $30 $10,500.00 CCO1-2 $2,500 remobilization fee for Phase 2 1 LS $2,500 $2,500.00 Total CCO2 $13,000.00
Total Base Bid + CCO2 $238,357.00
4 Contingency Fund $33,803.00
CCO1 - Project Staging in Two Phases for Immediate Repairs -$13,000.00 CCO2 - Restore Contingency Funding remove in CCO1 $13,000.00 Contingency Fund Balance: $33,803.00
5 Contract Amendments
- None
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: CONTRACT ON-CALL TRAFFIC ENGINEER RODRIGUEZ RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: Approve Change Order No. 2 with JAM Services, Inc. for procurement of General Electric LED Streetlight Modules
RECOMMENDATION:
Staff recommend that City Council adopt a resolution to approve Change Order No. 2 to existing Purchase Order No. 26000009 with Jam Services, Inc. for procurement of General Electric LED Streetlight Modules as part of the Citywide LED Streetlight Retrofit Project and authorize and direct the City Manager to execute the same.
BACKGROUND:
The City completed a citywide streetlight survey in the Fall 2025 to develop recommendations for replacement of LED Streetlight modules across the City. The existing streetlights were installed about 18 years ago as part of a PG&E incentive project. 10% of the city’s existing streetlights are currently failing with no light output. Approximately 100 streetlights have been repaired to date but there are still approximately 250 failures.
After the survey, the City initiated a Citywide LED Streetlight Replacement project. This was done in two steps with the City procuring materials and then hiring a contractor to do the installation.
Procurement. On July 8, 2025, Council approved Resolution No. 187-25 (CM), authorizing purchase of CREE LED streetlight fixtures from JAM Services in the amount of $1,325,563. On September 9, 2025, Council approved Resolution No. 234-25 (CM), for purchase of Smart photocontrol units for the LED streetlight bulbs from JAM, in the amount of $215,366 for a total revised purchase amount of $1,540,929.
2 Contractor. On September 9, 2025, Council approved Resolution No. 223-25 (CM), authorizing execution of a contract with Star Energy Management, Inc. in the amount of $259,160 for installation of the streetlights and photocontrol units.
Materials provided by JAM Services include three different items: 1) CREE brand Standard Streetlight Fixtures that are installed on City-owned and PG&E owned poles and are typically installed 30-FT above the roadway, 2) Lumecon brand LED retrofit kits for pedestrian-scale decorative poles, such as those in Downtown, and 3) Smart photo control units to turn streetlights on and off.
The Citywide LED Streetlight Replacement Project is funded through the City’s Measure R program as grant funding from PG&E and the State of California is not currently available.
DISCUSSION:
As part of the 2025 Streetlight Assessment project, the City recommended the use of CREE brand LED streetlights for use as part of the Citywide LED Streetlight replacement project because of the product’s strong reputation as a quality product, their efficiency in producing maximum light output with the lowest wattage input, and because of their weather proofing protection against sea salt air conditions. The CREE streetlights were to be used on City-owned street light poles that are 30-FT high, on PG&E poles, and at City-owned traffic signals. The decorative pedestrian-scale lights, like those in Downtown Watsonville, were to utilize a special decorative pole retrofit kit from Lumecon.
To date, all Lumecon retrofit kits have been delivered and only 350 of the 1,835 CREE modules ordered have been delivered. The City has worked closely with the distributor, JAM Services, to identify an LED streetlight module that can match the light output of the CREE units. JAM Services is recommending the use of General Electric (GE) brand streetlights because the lights match the lumen output of the CREE units but with a slight increase in wattage. Lumen output is of the highest interest of the City to ensure well-lit streets for the community. The GE modules do not typically include a weather coating to protect the fixtures from sea salt in the air like the CREE units. GE and Jam Services negotiated a no-cost equipment swap-out for GE units that will include a special weather coating to protect the LED streetlight modules from sea salt exposure. GE anticipates delivery to be completed within 8-10 weeks upon confirmation of the replacement units.
Staff have conducted several nighttime surveys to track streetlight outages across the City as well as tracking resident complaints. The last nighttime survey, conducted on Saturday, November 1, 2025, found a total of 243 failed streetlights, as shown on the map included in Attachment 1.
The City negotiated Contract Change Order No. 1 with the streetlight installation contractor, Star Energy Management, and they will be implementing the project in two phases to take advantage of the streetlight materials that have already been delivered.
Phase 1 – Citywide Burn Out Repairs and Decorative Poles Start Date: December 1, 2025
3 This first project phase will use the existing 350 CREE units delivered to repair all burnt-out streetlights in the City. The project will also install the Lumecon LED retrofit kits at all decorative poles in the City. The priority for Phase 1 is the repair of the burnt-out streetlights. Phase 1 is anticipated to continue through the remainder of 2025.
Phase 2 – Citywide Retrofit Completion
The GE LED streetlight modules delivery scheduled for February 2026 pending City Council approval of the proposed Contract Amendment No. 2. Star Energy Management is committed to the installation of the units immediately upon delivery. Installation will continue through the end of March 2026.
This proposed Change Order No. 2 with JAM Services, Inc. is at no cost to the City and preserves the original total contract amount of $1,540,929.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The Project is categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing publicly owned utility services.
STRATEGIC PLAN:
This project supports General and Strategic Plan strategies for Infrastructure and Environment by completing installation and upgrades to lighting throughout the city.
FINANCIAL IMPACT:
The proposed Change Order is at no cost to the City. Funding for this project is from Measure R and Account #0201-975-7839-15221.
ALTERNATIVE ACTION:
If the City Council does not move forward with Change Order No. 2, there will be no materials for the second phase of the streetlight replacement project, and the project will be delayed.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
1. Map of Watsonville LED Streetlight Failures as of 11-01-2025
Attachment 1
Map of Watsonville LED Streetlight Failures as of 11-01-2025
Reso No. (CM)
Reference: Reso No. 187-25, 234-25 (Amend)
Meeting Date: 120225 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING CHANGE ORDER NO. 2 TO PURCHASE
ORDER NO. 2600009 WITH JAM SERVICES, INC., A CORPORATION,
FOR THE PROCUREMENT OF LED STREETLIGHT BULBS FOR THE
CITYWIDE LED STREETLIGHT INSTALLATION PROJECT, NO. ST-25- 01, AT NO COST TO THE CITY; AND AUTHORIZING CITY MANAGER
TO EXECUTE THE CHANGE ORDER (FUNDED FROM THE MEASURE
R FUND)
WHEREAS, Resolution No. 187-25 (CM) adopted by the Watsonville City Council on July 8, 2025, approved Purchase Order No. 26000009 with JAM Services, Inc., for procurement of replacement LED streetlight bulbs, in the amount of $1,325,563; and WHEREAS, Resolution No. 234-25 (CM) adopted by the Watsonville City Council on September 9, 2025, approved Change Order No. 1 to Purchase Order No. 26000009 with JAM Services, Inc., a corporation, for purchase of Smart photocontrol units for the LED streetlight bulbs in the amount of $215,366 for a total revised purchase amount of $1,540,929; and
WHEREAS, supply chain issues limited streetlight fixture delivery to 350 units, so the City worked with the supplier and contractor to identify alternative sources for the streetlight fixtures and changed phasing of the project to allow the 350 units to be installed immediately and the remaining units to be installed after a substitute fixture was identified and secured; and
WHEREAS, JAM Services, Inc. has identified a streetlight fixture that is manufactured by General Electric (GE) that is comparable to the CREE fixture, that is available currently and has agreed to substitute the GE fixture for the balance of the streetlight fixtures at no cost to the City; and
WHEREAS, City staff supports substituting the GE fixtures for the CREE fixtures.
Reso No. (CM)
Reference: Reso No. 187-25, 234-25 (Amend)
Meeting Date: 120225
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. The Project is categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301, CE Class 1, maintenance of existing publicly owned utility services.
2. That Change Order No. 2 to Purchase Order No. 26000009 between the City of Watsonville and JAM Services, Inc., a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
3. The City Manager is hereby authorized and directed to execute said Change Order No. 2 for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. ********************************
CHANGE ORDER NO: 2 Purchase Order No: 26000009
Project Name: Purchase of LED Streetlight Modules and Smart Photocontrols Project No: N/A Contractor: JAM Services, Inc.
Project Location: Citywide
To: JAM Services, Inc.
You are hereby authorized to provide streetlight modules as described herein and on the attached JAM Services, Inc.
Price Quotation - JTM111325ZZ, bid date 11/13/25
Change 349 Cree LED Luminaires to GE Model Number ERL2018B730AGRAYGIY at no cost change Change 1,530 Cree LED Luminaires to GE Model Number ERL1010B730B730AGRAYGILY at no cost change NOTE: This change order is not effective until approved by the Director of Public Works and Utilities Department CCO Request by: Jaime O. Rodriguez
Description of Work:
1 This change order authorizes JAM Services, Inc. to change the materials to be supplied as described above. $ - Total of Changer Order No. 2: $ -
Total of Change Order No. 1 $ -
The Original Purchase Order Sum Was: $1,325,563.00
Net Change by Previously Authorized Change Orders $215,366.00 The Purchase Order Sum Prior to this Change Order was $1,540,929.00 The Purchase Order Sum will be increased by this change Order(s) in the Amount of $0.00 The New Purchase Order Sum Including this Change Order will be $1,540,929.00 Cumulative Change Order Percentage Increase: 16.25%
By reason of this order the time of completion will
be adjusted as follows: 0 working days
Approved: Approved:
Project Manager Date Director of Public Works & Date
and Utilities
Contract
Change
Approved: Approved:
Director of Administrative Services Date City Manager Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work specified, and accept the prices listed above as full payment for all labor, equipment, materials, overhead and profit required to perform the above described change.
Date Accepted: Supplier Signature:
By (Written Name): Title:
CITY OF WATSONVILLE
Public Works and Utilities Department
Docusign Envelope ID: 4FEBCCCF-9E6A-426C-98DE-94AD33ABDFA8 Estimator
11/26/2025 | 2:10 PM PST
Janae Scott
JAM SERVICES, INC.
958 E Airway Blvd
LIVERMORE, CA 94550
____________________________________________________________________________________ Telephone (925) 455-5267
Fax (925) 455-5348
PRICE QUOTATION – JTM111325ZZ
SUBJECT: City of Watsonville LED Luminaires
BID DATE: 11-13-25
JAM Services is pleased to provide the following price quotation for the subject project.
Change (349) Cree LED Luminaires to GE Model Number:
ERL2018B730AGRAYGIY
TOTAL ADDER: $ NO COST CHANGE
Change (1,530) Cree LED Luminaires to GE Model Number:
ERL1010B730B730AGRAYGILY
TOTAL PRICE: $ NO COST CHANGE
*Quoting a change to GE for availability purposes.
Prices include delivery, but are net of applicable sales tax. If I can be of further assistance, please contact me at 925-455-5267.
Thank you - Jason Momaney
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR ORBACH RECOMMENDED BY: DEPUTY CITY MANAGER MANNING
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: SECOND CONSULTANT CONTRACT AMENDMENT TO CONSULTATION SERVICES CONTRACT NO. 3270 WITH RAIMI + ASSOCIATES, INC. FOR 6 TH CYCLE HOUSING ELEMENT IMPLEMENTATION
RECOMMENDATION:
Adopt a resolution approving the second amendment to a contract between the City of Watsonville and Raimi + Associates Consultants, Inc. (“R+A”), for consultant services related to the Housing Element implementation, extending the term of the contract to March 31, 2026.
BACKGROUND:
On November 12, 2024, the City Council approved a contract with Raimi + Associates, Inc. (“R+A”) for an eight-month period to provide Housing Element implementation services for the City. The eight-month contract, with a term of November 1, 2024, to June 30, 2025, totaled $169,380. The contract costs are paid through a Regional Early Action Planning (REAP) grant.
On December 30, 2024, the City and R+A executed Consultant Services Contract No. 3270 for consultant services for Housing Element implementation (Attachment 1).
On June 24, 2025, the City Council adopted Resolution No. 160-25 (CM) approving the first consultant contract amendment to consultation services contract No. 3270 with Raimi + Associates, Inc. for 6th Cycle Housing Element implementation, extending the term of the contract from June 30, 2025, to December 31, 2025 (Attachment 2).
On October 13, 2025, the City Manager approved a budget re-allocation and amended scope of work for Contract No. 3270, including several additional 6th Cycle Housing Element implementation programs in
2 the scope of work for the project with no changes to the overall project budget of $169,380 (Attachment 3).
DISCUSSION:
Due to the inclusion of additional Housing Element implementation programs to the REAP 2.0 grant, the time needed to complete the approved scope of work and spend the remaining $52,663.78 of grant funds will extend past December 31, 2025, which is the end of the term identified in the first consultant contract amendment. City staff is requesting an amendment to the term of the contract, extending it to March 31, 2026, to make it coterminous with the end of the REAP 2.0 grant period.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
On November 12, 2024, the Council awarded a contract to Raimi & Associations, Inc. for consultant services for 6th Cycle Housing Element implementation. At that time, Council found that adoption of the contract was exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines § 15378(b)(5), because the contract was for consulting services and did not meet CEQA's definition of a “project,” because the action did not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constituted organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Amending the contract creates no new or more significant impacts that were not previously analyzed, so there is thus no need for additional CEQA analysis.
STRATEGIC PLAN:
This request supports Strategic Plan Priority #3 - Housing by allowing the City to implement multiple programs from the City’s 6th Cycle 2023-2031 Housing Element that can be identified in next year’s Annual Progress Report (APR) to HCD in order to demonstrate progress on implementation and maintain the certification of the Housing Element.
FINANCIAL IMPACT:
The amount of the contract remains the same, and the funds were already allocated from the Special Grants Fund, so there is no impact to the General Fund.
ALTERNATIVE ACTION:
City Council could choose not to extend this contract. This would prevent the City from being able to pay the final invoices for work performed under the contract.
1 ATTACHMENTS:
1) Executed Consultant Services Contract No. 3270 with Raimi + Associates, Inc. 2) City Council Resolution No. 160-25
3) Contract No. 3270 Scope Amendment – 10.13.2025
CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND RAIMI
+ ASSOCIATES INC.
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Raimi + Associates, Inc., a California Corporation, 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.
Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT............................................................................ 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 3 SECTION 8. INDEMNIFICATION.................................................................................... 3 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION........................................................................... 4 SECTION 11. TERMINATION......................................................................................... 4 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 5 SECTION 13. GOVERNING LAW................................................................................... 5 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 5 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 5 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 5 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 5 SECTION 18. WAIVER. .................................................................................................. 5 SECTION 19. CONFLICT OF INTEREST....................................................................... 5 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 6 SECTION 21. NOTICES. ................................................................................................ 6 SECTION 22. EXHIBITS:................................................................................................ 6 o-0-o
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ATTACHMENT 1
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 November 1, 2024, to June 30, 2025, 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.” However, the Parties acknowledge, understand and agree that while timely completion of any task is of critical importance to City, Consultant’s services shall be performed as expeditiously as is consistent applying professional skill, judgment and care and taking into account an orderly progress of the Project that is within Consultant’s control.
SECTION 4. COMPENSATION.
The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.
SECTION 5. METHOD OF PAYMENT.
Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT.
It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant represents to City that the Services will be performed consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultant’s profession, practicing in the same or similar locality and under similar circumstances. Nothing in this Agreement shall be interpreted to require Consultant to meet any higher standard of care, and this paragraph shall control over any such contrary provision. Consultant makes no warranties, guarantees, express or implied, under this Docusign Envelope ID: 33A1EFE7-6381-448B-9491-16DA7F0047CF Docusign Envelope ID: DE2901FF-E281-4746-89B8-0CFC901C701D ATTACHMENT 1
Agreement or otherwise in connection with Consultant’s services. By delivering the completed work, Consultant and its subconsultants represent that their work conforms to the requirements of this Agreement; endeavors to conform to all applicable (federal, state, county, local) laws, rules, regulations, orders, and procedures; and the professional standard of care in California.
SECTION 7. ASSIGNABILITY.
Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION.
Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
Consultant shall defend, indemnify and hold harmless City, its officers and employees (Indemnified Parties), against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.
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 $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned (if any), hired and non-owned automobiles.
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C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract. Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
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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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 Docusign Envelope ID: 33A1EFE7-6381-448B-9491-16DA7F0047CF Docusign Envelope ID: DE2901FF-E281-4746-89B8-0CFC901C701D ATTACHMENT 1
required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS.
Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.
SECTION 21. NOTICES.
All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:
CITY
City Clerk
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Raimi + Associates
1900 Addison Street, Suite 200
Berkeley, CA 94704
(510) 666-1010
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, City Manager
ATTEST:
BY
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha Zutler, City Attorney
CONSULTANT
BY_________________________________
Simran Malhotra, Principal/VicePresident, Raimi + Associates Docusign Envelope ID: 33A1EFE7-6381-448B-9491-16DA7F0047CF Docusign Envelope ID: DE2901FF-E281-4746-89B8-0CFC901C701D ATTACHMENT 1
EXHIBIT “A”
SCOPE OF SERVICES
Task 1: Project Initiation & Management
Task 1.1 - Project Kick-Off Meeting
The R+A team will attend a virtual kick-off meeting with City staff to establish a mutual understanding of the key issues, discuss expectations, and lay out project milestones, meeting times, and deliverables. At this meeting we will confirm the goals and assumptions for the project and refine the scope of work.
Task 1.2 – Biweekly Conference Calls (up to 14)
R+A will hold virtual biweekly conference calls with the City’s Project Manager and other identified Planning staff to discuss project coordination and content topics, approximately one (1) hour each.
Additional meetings may be scheduled on an as needed basis to address more timely issues.
R+A’s project manager or a designated representative will be on each call. R+A will maintain an online document outlining agendas and meeting notes.
Task 1.3 - Project Coordination
This task includes time for general project management such as meeting coordination, monthly invoicing, and contracts.
Task 1 Deliverables
One (1) kick-off meeting with staff – Meeting agenda and summary action notes Biweekly conference calls between designated City staff and Consultant Team (R+A: up to 14 meetings – Meeting agenda and summary action notes) Regular progress reports included w/ monthly invoice
Task 2: Background Research
Task 2.1 – Data Gathering and Issues Matrix
Data Gathering
City staff will provide R+A with all existing documents, regulations and permit procedures that would be useful during the evaluation phase. R+A will conduct a review and analyze existing policy documents, staff reports, previous studies, and relevant sections of the Housing Element, Zoning ordinance, and Downtown Watsonville Specific Plan pertaining to the following topics to be addressed in this project:
Density Bonus (WMC Chapter 14-47)
Transitional Housing (WMC Chapter 14-16 District Regulations) ADUs and JADUs (WMC Chapter 14-23)
Definition of Family (WMC Chapter 14-18 Definitions)
Reasonable Accommodations Procedures
Agricultural and Employee Housing Requirements
Downtown Watsonville Specific Plan (DWSP) land use mix for mixed-use projects DWSP heights
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R+A will also review any available plans for ADU/JADU projects currently under review or recently approved to study how regulations are currently being interpreted and applied during the permit review process.
Zoning Topics Matrix
R+A will consolidate the analysis into a matrix of zoning topics and recommendations for each of the eight topic areas above, and will include:
Summary of zoning topic
Description of the City’s current requirements
Summary of relevant minimum State requirements
Identification of recommendations and/or options for how to address or exceed minimum State requirements
Suggested recommendations will consider and incorporate the staff direction as presented in the RFP. This matrix will be a common baseline that allows all participants to have the same understanding of the project information.
Task 2.2 – Staff Working Session #1
R+A will review the Zoning Topics Matrix during a virtual working session with City staff to review and solicit comments. Based on feedback at the staff working session, R+A will refine the matrix.
Task 2 Deliverables and Meetings
Zoning Topics Matrix (Draft and Final)
Staff Working Session #1
Task 3: Draft Zoning Amendments
Task 3.1 – Administrative Draft: Zoning and DWSP Amendments R+A will produce an Administrative Draft of the zoning and DWSP amendments based on the direction received in Task 2. The Administrative Draft will present a clear document of redline edits to the existing Zoning Code. This first draft will be a complete draft and include all required components of each Zoning Code modification, reasonable accommodations information sheet, and changes to the DWSP.
Task 3.2 – Staff Working Session #2
The City will review and provide one consolidated set of actionable comments to R+A on the Administrative Draft. R+A will review and discuss the comments at a virtual staff working session.
Task 3.3 – Screencheck Review Draft: Zoning and DWSP Amendments R+A will make all necessary updates to the Administrative Draft Zoning and DWSP Amendments based on the feedback received in Task 3.2 to prepare the Screencheck Review Draft.
Task 3.4 – PC and/or CC Study Session(s) – to be authorized separately R+A can present at a Planning Commission and/or City Council Study Session to provide an update and receive feedback if the DWSP height assessment determines that an increase in building heights is required. R+A would prepare the staff report, exhibits and PowerPoint presentation.
Task 3 Deliverables and Meeting
Administrative Draft: Zoning and DWSP Amendments
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Screencheck Review Draft: Zoning and DWSP Amendments
Staff Working Session #2
Task 4: Environmental Review
As discussed in the approach section of this proposal, an EIR Addendum would be the appropriate level of supplemental CEQA review for the project.
Task 4.1 – EIR Addendum
The EIR Addendum will evaluate whether the amendments to the Specific Plan would have different environmental impacts or a different degree of impact than those identified in the certified EIR, specifically as they relate to significant impacts. Often, CEQA addenda are arranged in a modified Initial Study checklist format based on CEQA Guidelines Appendix G that is tailored to the requirements of State CEQA Guidelines Section 15162. However, because no changes are proposed to buildout assumptions included in the adopted Specific Plan and certified EIR, it is unnecessary to provide an individual or separate discussion of each checklist item in Appendix G of the State CEQA Guidelines. Instead of a checklist format, the Addendum will provide a narrative discussion of the environmental topic areas most affected by building heights, which include aesthetics and historic resources.
The potential impacts to aesthetics and historic resources will focus on how taller buildings might result in new or more severe significant impacts than were previously identified in the certified EIR. The analysis will be qualitative and not include the preparation of visual simulations or historic evaluations. All other environmental topics in Appendix G of the State CEQA Guidelines will be discussed collectively in a brief narrative that explains how these environmental topics are either not present downtown or would be generally unaffected by increased building height. The Addendum will conclude with a brief summary of how the proposed amendments to the Specific Plan would not result in conditions described in State CEQA Guidelines Section 15162 requiring preparation of a Subsequent EIR.
The Draft EIR Addendum will be in the format of a stand-alone memorandum report. Rincon will submit an electronic copy of the Draft EIR Addendum in Microsoft Word format for Raimi and City review and comment.
Rincon will address City comments on the Draft EIR Addendum and prepare the Final EIR Addendum in PDF format. Rincon assumes that consistent with the CEQA Guidelines, the Addendum will not be specifically and separately circulated for public comment. Rincon will also prepare the Notice of Determination (NOD) and file it with the County Clerk. It is assumed that payment of CDFW fees will not be needed if payment for filing the NOD for the certified EIR can be demonstrated.
Task 4.2 - Management
This task will include management of the internal CEQA team and schedule, preparing monthly invoices and status reports, and coordination calls during preparation of the Addendum.
Task 4 Deliverables and Meetings
Draft EIR Addendum
Final EIR Addendum
Notice of Determination
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Task 5: Adoption
Task 5.1 – Adoption Draft: Zoning and DWSP Amendments
R+A will review the consolidated feedback from City staff on any minor comments to address typos or clarifications on the Screencheck Review Draft and make all necessary updates to prepare the Adoption Draft Zoning and DWSP Amendments.
Task 5.2 – Planning Commission Hearing
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one Planning Commission hearing. R+A will prepare the staff report, resolution, and ordinances for the zoning code and DWSP Amendments. The City will provide templates for these deliverables.
In-person attendance is assumed for the hearing.
Task 5.3 – City Council Adoption Hearing
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one City Council adoption hearing. R+A will prepare the staff report, resolution, and ordinances. A staff report for the 2nd Reading of the Ordinance will also be provided. The City will provide templates for these deliverables. Any comments from the Planning Commission will be included in the staff report. In-person attendance is assumed for the hearing.
Task 5.4 – Final: Zoning and DWSP Amendments
R+A will address the comments from decisionmakers and make all necessary revisions to prepare the Final Zoning and DWSP Amendments. This task will also include implementing the amendments to the DWSP document text and figures, as needed.
Task 5.5 – User-friendly ADU handout
Once the code amendments are adopted, R+A will prepare a user-friendly handout to provide information on the new requirements and processes for ADUs/JADUs. The handout will be bilingual (English and Spanish) and provide a visual dictionary of ADU/JADU types, a summary table of development standards, and clear step-by-step instructions of the review process.
Task 5 Deliverables and Meetings
Adoption Draft: Zoning and DWSP Amendments
Staff reports, Resolution and Ordinances
PC and CC adoption hearings (1 each)
Final: Zoning and DWSP Amendments
Revised DWSP document
ADU Handout
Assumptions for City Staff
We believe that the best plans are developed as a partnership between City staff and the consultant team. While the Raimi + Associates team will do the bulk of the work on the project, we expect that City staff will serve as partners in the project every step of the way. The following is a preliminary list of the primary responsibilities of City staff:
1. The City will provide correct and up-to-date information; the consultant team is not responsible for out-of-date or inaccurate information.
2. The City will provide the following documents, maps and studies:
a. Available plans for ADU/JADU projects currently under review or recently approved b. Housing Element
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c. Watsonville Downtown Specific Plan and EIR
d. Height maps for the Downtown Specific Plan
e. Relevant sections of the Zoning Code in Word format (per task 2.1 topics) f. Any policy or procedural documents pertaining to the topic areas identified in task 2.1
3. All tasks are budgeted with an allowance for a certain number of hours which assumes a level of effort that is consistent with industry best practices and standards.
4. City review time for all project deliverables will be two weeks. All comments will be provided as a single set of non-conflicting and actionable comments that provide clear direction for the consultant team. Edits may also be provided electronically in Word as tracked change edits.
5. City staff will serve as partners to the consultant team in the update process and will be responsible for, at minimum, the following activities:
a. Logistics of all meetings.
b. Timely response to consultant team questions.
c. Timely review of documents and materials prepared by the consultant team. d. Preparing required notifications for public meetings and hearings. e. Coordinating with City staff in other departments throughout the project, including setting internal meetings.
f. All project documents will be delivered in electronic format, both Word and PDF formats. City staff will be responsible for printing documents. g. Other printing and mailing costs associated with the project are not specifically identified in the scope of work.
h. Other tasks as identified during the process.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the schedule below. Schedule may be administratively amended as mutually agreed in writing between the signatories to this agreement.
7-Month Schedule
11/11/202411/18/202411/25/202412/2/202412/9/202412/16/202412/23/202412/30/20241/6/20251/13/20251/20/20251/27/20252/3/20252/10/20252/17/20252/24/20253/3/20253/10/20253/17/20253/24/20253/31/20254/7/20254/14/20254/21/20254/28/20255/5/20255/12/20255/19/20255/26/20256/2/20256/9/20256/16/20256/23/2025 Task 1: Project Initiation & Management
1.1 Project Kick-Off Meeting
1.2 Biweekly Conference Calls (14)
1.3 Project Coordination
Task 2: Background Research
2.1 Data Gathering and Issues Matrix
2.2 Staff Working Session #1
Task 3: Draft Zoning Amendments
3.1 Administrative Draft
3.2 Staff Working Session #2
3.3 Screencheck Review Draft
3.4 PC and/or CC Study Session(s)
Task 4: Environmental Review
4.1 EIR Addendum (Draft and Final)
4.2 Management
Task 5: Adoption
5.1 Adoption Draft
5.2 Planning Commission Hearing
5.3 City Council Adoption Hearing
5.4 Final Zoning and DWSP Amendments
5.5 User-friendly ADU handout
Meeting(s) Ongoing
Feb-25 Mar-25 Apr-25 May-25 Jun-25
Project Work Deliverable
Nov-24 Dec-24 Jan-25
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EXHIBIT “C”
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed one hundred and sixty-nine thousand dollars ($169,380). The project budget ($169,380) is provided below and is itemized by each task and subtask. b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
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ODCs Total
Principal /
Project
Manager
Deputy
Project
Manager
Zoning
Code
Expert
Senior
Planner I
Intermedi
ate
Planner
Principal Supervisor
Planner I
Planner
III
GIS/CADD
Specialist II
Malhotra Cavalli Lundin Jones Dix
$285 $250 $225 $180 $160 $307 $272 $196 $167
Task 1: Project Initiation & Management
1.1 Project Kick-Off Meeting (Virtual) 2 6 2 10 $ 2,520 0 $ - $ 76 $ 2,596
1.2 Biweekly Conference Calls (14) 14 20 14 48 $ 12,140 0 $ - $ 364 $ 12,504
1.3 Project Coordination 4 8 12 $ 3,140 0 $ - $ 94 $ 3,234 Subtotal Task 1 20 34 16 0 0 70 $ 17,800 0 0 0 0 0 $ - $ 534 $ 18,334 Task 2: Background Research
2.1 Data Gathering and Issues Matrix 4 16 24 8 52 $ 11,980 0 $ - $ 359 $ 12,339
2.2 Staff Working Session #1 3 4 4 11 $ 2,755 0 $ - $ 83 $ 2,838 Subtotal Task 2 7 20 28 8 0 63 $ 14,735 0 0 0 0 0 $ - $ 442 $ 15,177 Task 3: Draft Zoning Amendments
3.1 Administrative Draft: Zoning and DWSP
Amendments 8 8 40 16 16 88 $ 18,720 0 $ - $ 562 $ 19,282
3.2 Staff Working Session #2 3 4 4 11 $ 2,755 0 $ - $ 83 $ 2,838
3.3 Screencheck Review Draft: Zoning and DWSP
Amendments 4 8 20 8 8 48 $ 10,360 0 $ - $ 311 $ 10,671
3.4 PC and/or CC Study Session(s) – to be authorized
separately 12 12 4 28 $ 7,320 0 $ - $ 220 $ 7,540
Subtotal Task 3 27 32 68 24 24 175 $ 39,155 0 0 0 0 0 $ - $ 1,175 $ 40,330 Task 4: Environmental Review
4.1 EIR Addendum (Draft & Final) 6 4 10 $ 2,710 4 20 60 4 88 $ 19,096 $ 1,418 $ 23,224
4.2 Management 0 $ - 2 4 2 4 12 $ 2,762 $ 193 $ 2,955
Subtotal Task 4 6 4 0 0 0 10 $ 2,710 6 24 62 8 100 $ 21,858 $ 1,611 $ 26,179 Task 5: Public Review of Recommendations
5.1 Adoption Draft: Zoning and DWSP Amendments 2 4 12 12 12 42 $ 8,350 0 $ - $ 251 $ 8,601
5.2 Planning Commission Hearing (includes preparing
staff report, resolution and ordinances) 12 20 8 40 $ 10,220 0 $ - $ 307 $ 10,527
5.3 City Council Adoption Hearing (includes preparing
staff report, resolution and ordinances) 12 20 8 40 $ 10,220 0 $ - $ 307 $ 10,527
5.4 Final: Zoning and DWSP Amendments 2 2 8 3 4 19 $ 4,050 0 $ - $ 122 $ 4,172
5.5 User-friendly ADU handout 2 12 12 24 50 $ 9,570 0 $ - $ 287 $ 9,857 Subtotal Task 5 30 58 36 27 40 191 $ 42,410 0 0 0 0 0 $ - $ 1,272 $ 43,682 Budget Total 90 148 148 59 64 509 $116,810 6 24 62 8 100 $ 21,858 $ 5,034 $ 143,702 Travel Costs (allowance) $ 3,000 $ 500 $ 3,500
TOTAL BY FIRM $119,810 $ 22,358 $ 5,034 $ 147,202
CONTINGENCY $ 22,178
GRAND TOTAL $ 169,380
Other Direct Costs (ODCs) included in totals above:
Direct costs for sub-consultant management fee (7% of Sub Consultant Fee) $ 1,530 Direct costs in reimbursable expenses for office expenses (3%) $ 3,504 Travel Costs (allowance) $ 3,500
Labor
Costs Total Fee
Tasks
Labor
Costs
Total
Hours Task Description Task #
RAIMI + ASSOCIATES
Other Direct
Costs
(See Notes)
RINCON CONSULTING
Subconsultant
Total
Hours
Prime
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1 Reso No. ______ (CM)
Meeting Date: 120225 SWZ ______ TV ______ CDD ______
RESOLUTION NO. _______ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPROVING THE SECOND CONTRACT AMENDMENT WITH RAIMI &
ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR THE 6TH CYCLE
HOUSING ELEMENT IMPLEMENTATION, EXTENDING THE TERM OF THE CONTRACT FROM DECEMBER 31, 2025 TO MARCH 31, 2026, AND
AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE SAME
WHEREAS, on September 26, 2023, the City of Watsonville accepted a Regional Early Access Planning (REAP) 2.0 Grant from the Association of Monterey Bay Area Governments for the implementation of goals and policies in the City’s 6th Cycle Housing Element and appropriated $180,000 to the Special Grants Fund (0260); and WHEREAS, in 2024, the grant amount was subsequently reduced by approximately six percent due to state budget shortfalls to $169,380; and WHEREAS, on November 12, 2024, the City Council approved Resolution No. 228-24 (CM) awarding a contract to Raimi & Associates, Inc. for consultant services for 6th Cycle Housing Element implementation, in an amount not to exceed $169,380 and authorizing and directing the City Manager to execute same, and authorizing a budget appropriation of $169,380 from the Special Grants Fund; and WHEREAS, on December 30, 2024, City and Consultant executed Consultant Services Contract No. 3270 with a term ending on June 30, 2025; and WHEREAS, on June 24, 2025, the City Council adopted Resolution No. 160-25 (CM) approving the first amendment to consultation services contract No. 3270 with Raimi & Associates, Inc. for 6th Cycle Housing Element implementation, extending the term of the contract from June 30, 2025, to December 31, 2025; and WHEREAS, on October 13, 2025, the City Manager approved a budget reallocation and amended scope of work for Contract No. 3270, including several additional
2 Reso No. ______ (CM)
Meeting Date: 120225
6th Cycle Housing Element implementation programs in the scope of work for the project with no changes to the overall project budget of $169,380; and WHEREAS, the time needed to complete the approved amended scope of work will extend past the end of the term identified in the first consultant contract amendment; and
WHEREAS, City staff requested an amendment to the end of term of the contract to March 31, 2026; and
WHEREAS, the Second Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. On November 12, 2024, the Council awarded a contract to Raimi & Associations, Inc. for consultant services for 6th Cycle Housing Element implementation. At that time, Council found that adoption of the contract was exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines § 15378(b)(5), because the contract was for consulting services and did not meet CEQA's definition of a “project,” because the action did not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constituted organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Amending the contract creates no new or more significant impacts that were not previously analyzed, so there is thus no need for additional CEQA analysis. .
2. That the term of Consultant Services Contract No. 3270 with Raimi & Associates, Inc., a California corporation, for the 6th Cycle Housing Element
3 Reso No. ______ (CM)
Meeting Date: 120225
Implementation, in an amount not to exceed $169,380, a copy of which is Contract is attached hereto and incorporated herein by this reference, is hereby approved.
3. That the City Manager is hereby authorized and directed to execute said Second Amendment for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and the City Attorney. ***********************************
11/18/25.C:\USERS\DOCUSIGN\APPDATA\LOCAL\TEMP\ABCPDF\67F28AE2-0182-4663-B995-7BE104F2559A.DOCX 1 SECOND AMENDMENT TO CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF WATSONVILLE
AND RAIMI + ASSOCIATES INC.
THIS SECOND AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and RAIMI + ASSOCIATES INC. (“Consultant”) this _____________________. The City and Consultant agree as follows:
RECITALS
WHEREAS, on September 26, 2023, the City of Watsonville accepted a Regional Early Action Planning (REAP) 2.0 Grant from the Association of Monterey Bay Area Governments (AMBAG) for the implementation of goals, policies, and programs in the City’s 6th Cycle Housing Element and appropriated $180,000 to the Special Grants Fund (0260); and
WHEREAS, in 2024, the grant amount was subsequently reduced by approximately six percent due to state budget shortfalls to $169,380; and WHEREAS, on November 12, 2024, the City Council approved Resolution No. 228-24 (CM) awarding a contract to Raimi + Associates, Inc. for consultant services for 6 th Cycle Housing Element implementation in an amount not to exceed $169,380 and authorizing and directing the City Manager to execute same, and authorizing a budget appropriation of $169,380 from the Special Grants Fund; and WHEREAS, on December 30, 2024, City and Consultant executed a Consultant Services Contract No. 3270, with a term ending on June 30, 2025, attached hereto as Exhibit A; and
WHEREAS, on June 24, 2025, the City Council adopted Resolution No. 160-25 (CM) approving the first consultant contract amendment to consultation services contract Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
11/18/25.C:\USERS\DOCUSIGN\APPDATA\LOCAL\TEMP\ABCPDF\67F28AE2-0182-4663-B995-7BE104F2559A.DOCX 2 No. 3270 with Raimi + Associates, Inc. for 6th Cycle Housing Element implementation, extending the term of the contract from June 30, 2025, to December 31, 2025; and WHEREAS, on October 13, 2025, the City Manager approved a budget reallocation and amended scope of work for Contract No. 3270, including several additional 6th Cycle Housing Element implementation programs in the scope of work for the project with no changes to the overall project budget of $169,380; and WHEREAS, the time needed to complete the approved scope of work will extend past the end of the term identified in the first consultant contract amendment; and WHEREAS, City staff requested an amendment to the end of term of the contract to March 31, 2026; and
WHEREAS, the Second Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:
Section 2 is hereby amended to add the following:
Section 2. TERM OF CONTRACT.
The term of this contract shall be from November 1, 2024, to March 31, 2026December 31, 2025, inclusive.
All other terms and conditions of the Contract dated December 30, 2024, and as amended on October 13, 2025, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Services Contract the day and year first hereinabove written.
CITY OF WATSONVILLE RAIMI + ASSOCIATES
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11/18/25.C:\USERS\DOCUSIGN\APPDATA\LOCAL\TEMP\ABCPDF\67F28AE2-0182-4663-B995-7BE104F2559A.DOCX 3 BY___________________________ BY_____________________________ Tamara Vides, City Manager Simran Malhotra, Principal/Vice- President, Raimi + Associates
ATTEST:
BY___________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY____________________________
Samantha W. Zutler, City Attorney
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EXHIBIT "A"
SECOND AMENDMENT TO TERM OF CONTRACT
CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND RAIMI
+ ASSOCIATES INC.
THIS CONTRACT, is made and entered into this , by
and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Raimi + Associates, Inc., a California Corporation, 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.
Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 5 SECTION 2. TERM OF CONTRACT. ............................................................................. 5 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 5 SECTION 4. COMPENSATION. ..................................................................................... 5 SECTION 5. METHOD OF PAYMENT............................................................................ 5 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 5 SECTION 7. ASSIGNABILITY. ....................................................................................... 6 SECTION 8. INDEMNIFICATION.................................................................................... 6 SECTION 9. INSURANCE. ............................................................................................. 6 SECTION 10. NON-DISCRIMINATION........................................................................... 7 SECTION 11. TERMINATION......................................................................................... 7 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 7 SECTION 13. GOVERNING LAW................................................................................... 7 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 8 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 8 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 8 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 8 SECTION 18. WAIVER. .................................................................................................. 8 SECTION 19. CONFLICT OF INTEREST....................................................................... 8 SECTION 20. AUDIT BOOKS AND RECORDS.............................................................. 8 SECTION 21. NOTICES. ................................................................................................ 9 SECTION 22. EXHIBITS: ................................................................................................ 9 o-0-o
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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 November 1, 2024, to March 31, 2026December 31, 2025, 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.” However, the Parties acknowledge, understand and agree that while timely completion of any task is of critical importance to City, Consultant’s services shall be performed as expeditiously as is consistent applying professional skill, judgment and care and taking into account an orderly progress of the Project that is within Consultant’s control.
SECTION 4. COMPENSATION.
The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.
SECTION 5. METHOD OF PAYMENT.
Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT.
It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant represents to City that the Services will be performed consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultant’s profession, practicing in the same or similar locality and under similar circumstances. Nothing in this Agreement shall be interpreted to require Consultant to meet any higher standard of care, and this paragraph shall control over any such contrary provision. Consultant makes no warranties, guarantees, express or implied, under this Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
Agreement or otherwise in connection with Consultant’s services. By delivering the completed work, Consultant and its subconsultants represent that their work conforms to the requirements of this Agreement; endeavors to conform to all applicable (federal, state, county, local) laws, rules, regulations, orders, and procedures; and the professional standard of care in California.
SECTION 7. ASSIGNABILITY.
Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION.
Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
Consultant shall defend, indemnify and hold harmless City, its officers and employees (Indemnified Parties), against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.
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 $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned (if any), 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’ Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract. Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW.
City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.
This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION.
All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.
SECTION 16. OWNERSHIP OF MATERIALS.
All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES.
The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER.
Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.
SECTION 20. AUDIT BOOKS AND RECORDS.
Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
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
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040
CONSULTANT
Raimi + Associates
1900 Addison Street, Suite 200
Berkeley, CA 94704
(510) 666-1010
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, City Manager
ATTEST:
BY
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
BY
______________________________
Samantha Zutler, City Attorney
CONSULTANT
BY_________________________________
Simran Malhotra, Principal/VicePresident, Raimi + Associates Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
EXHIBIT “A”
REVISED SCOPE OF SERVICES
Task 1: Project Initiation & Management
Task 1.1 - Project Kick-Off Meeting - COMPLETE
The R+A team will attend a virtual kick-off meeting with City staff to establish a mutual understanding of the key issues, discuss expectations, and lay out project milestones, meeting times, and deliverables. At this meeting we will confirm the goals and assumptions for the project and refine the scope of work.
Task 1.2 – Biweekly Conference Calls (up to 14)
R+A will hold virtual biweekly conference calls with the City’s Project Manager and other identified Planning staff to discuss project coordination and content topics, approximately one (1) hour each. Additional meetings may be scheduled on an as needed basis to address more timely issues. R+A’s project manager or a designated representative will be on each call. R+A will maintain an online document outlining agendas and meeting notes.
Task 1.3 - Project Coordination
This task includes time for general project management such as meeting coordination, monthly invoicing, and contracts. Additional time has been added to this task to cover anticipated projected management time.
Task 1 Deliverables
• One (1) kick-off meeting with staff – Meeting agenda and summary action notes • Biweekly conference calls between designated City staff and Consultant Team (R+A: up to 14 meetings – Meeting agenda and summary action notes) • Regular progress reports included w/ monthly invoice
Task 2: Background Research
Task 2.1 – Data Gathering and Issues Matrix - COMPLETE
Data Gathering
City staff will provide R+A with all existing documents, regulations and permit procedures that would be useful during the evaluation phase. R+A will conduct a review and analyze existing policy documents, staff reports, previous studies, and relevant sections of the Housing Element, Zoning ordinance, and Downtown Watsonville Specific Plan pertaining to the following topics to be addressed in this project:
• Density Bonus (WMC Chapter 14-47)
• Transitional Housing (WMC Chapter 14-16 District Regulations) • ADUs and JADUs (WMC Chapter 14-23)
• Definition of Family (WMC Chapter 14-18 Definitions)
• Reasonable Accommodations Procedures
• Agricultural and Employee Housing Requirements
• Downtown Watsonville Specific Plan (DWSP) land use mix for mixed-use projects • DWSP heights
R+A will also review any available plans for ADU/JADU projects currently under review or recently approved to study how regulations are currently being interpreted and applied during the permit Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
review process.
Zoning Topics Matrix
R+A will consolidate the analysis into a matrix of zoning topics and recommendations for each of the eight topic areas above, and will include:
• Summary of zoning topic
• Description of the City’s current requirements
• Summary of relevant minimum State requirements
Suggested recommendations will consider and incorporate the staff direction as presented in the RFP. This matrix will be a common baseline that allows all participants to have the same understanding of the project information.
Task 2.2 – Staff Working Session #1 - COMPLETE
R+A will review the Zoning Topics Matrix during a virtual working session with City staff to review and solicit comments. Based on feedback at the staff working session, R+A will refine the matrix.
Task 2 Deliverables and Meetings
• Zoning Topics Matrix (Draft and Final)
• Staff Working Session #1
Task 3: Draft Zoning Amendments
Task 3.1 – Administrative Draft: Zoning
R+A will produce an Administrative Draft of the zoning based on the direction received in Task
2. The Administrative Draft will present a clear document of redline edits to the existing Zoning Code. This first draft will be a complete draft and include all required components of each Zoning Code modification, and reasonable accommodations information sheet.
R+A will address the following topics in the Zoning Code:
• Low Barrier Navigation Centers (Program C.9)
• Child Day Care Home By Right (Program B.5)
R+A will also research how other jurisdictions (up to five) have addressed the State requirement of providing ADU plans. This research will be summarized in a memorandum.
Task 3.2 – Staff Working Session #2 - COMPLETE
The City will review and provide one consolidated set of actionable comments to R+A on the Administrative Draft. R+A will review and discuss the comments at a virtual staff working session.
Task 3.3 – Screencheck Review Draft: Zoning Amendments
R+A will make all necessary updates to the Administrative Draft Zoning Amendments based on the feedback received in Task 3.2 to prepare the Screencheck Review Draft. Additional time has been allocated to address the City comments.
Task 3 Deliverables and Meeting
• Administrative Draft: Zoning Amendments
• Screencheck Review Draft: Zoning Amendments
• ADU Plans Approach Summary Memo
• Staff Working Session #2
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
Task 4: Draft DWSP Amendments
Task 4.1 – DWSP Test Fits - COMPLETE
Working with staff, R+A will identify two sites to test fit the height requirements for mixed use projects in the DWSP area. R+A will prepare test fits, make one round of modifications based on staff input and prepare a memo documenting the results for submittal to HCD.
Task 4.2 – Staff Working Session #3
The City will review the test fits and provide one consolidated set of actionable comments which will be reviewed and discussed at a virtual staff working session.
Task 4.3 – Meeting with HCD - COMPLETE
R+A staff will meet with City and HCD staff to discuss the test fits and next steps.
Task 4.4 – PC and/or CC Study Session(s) (If needed) - COMPLETE R+A can present at a Planning Commission and/or City Council Study Session to provide an update and receive feedback if the DWSP height assessment determines that an increase in building heights is required. R+A would prepare the staff report, exhibits and PowerPoint presentation. These hearings would be held with the adoption hearings listed in Tasks 6.2 and
6.3. Task 4.5 – Administrative Draft: DWSP Amendments (If needed) - COMPLETE R+A will produce an Administrative Draft DWSP amendments based on the direction received in Task 4.4. The Administrative Draft will present a clear document of redline edits to the DWSP.
Task 4.6 – Screencheck Review Draft DWSP Amendments (If needed) - COMPLETE R+A will make all necessary updates to the Administrative Draft DWSP Amendments based on the feedback received in Task 4.5 to prepare the Screencheck Review Draft.
Task 4 Deliverables and Meeting
• Test Fits and Memo
• Administrative Draft: DWSP Amendments
• Screencheck Review Draft: DWSP Amendments
• Staff Working Session #3
• HCD Meeting
• PC/CC Study Sessions
Task 5 : Environmental Review – DELETED
Rincon Consultants, Inc. (Rincon) will prepare the applicable California Environmental Quality Act (CEQA) documentation for the Watsonville Housing Element Implementation Project. While the proposed modifications to bring the Zoning Code into alignment with state laws and initiatives, such as Accessory Dwelling Unit (ADU) regulations, do not require environmental review pursuant to CEQA, the requested amendments to the Downtown Watsonville Specific would require environmental review.
Accordingly, our scope includes the preparation of an Addendum to the Downtown Watsonville Specific Plan Environmental Impact Report (EIR), which was prepared by Rincon and certified on October 10, 2023. Though the proposed amendments are to increase the height limit for the Downtown Neighborhood, Downtown Industrial, and Downtown Core zoning districts, the Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
buildout assumptions (total units, square footage of retail, office, etc.) envisioned in the adopted Specific Plan or evaluated in the certified EIR are not changing as there is no change in the allowed density or the growth projections. Accordingly, this scope of work assumes that the project would not result in new or substantially increased significant impacts and that, pursuant to CEQA Guidelines Section 15164, an EIR Addendum would be the appropriate level of supplemental CEQA review for the project.
If the heights for the Downtown Neighborhood, Downtown Industrial, and Downtown Core zoning districts are not increased based on further analysis, an EIR addendum may not be necessary.
Task 5.1 – EIR Addendum
The EIR Addendum will evaluate whether the amendments to the Specific Plan would have different environmental impacts or a different degree of impact than those identified in the certified EIR, specifically as they relate to significant impacts. Often, CEQA addenda are arranged in a modified Initial Study checklist format based on CEQA Guidelines Appendix G that is tailored to the requirements of State CEQA Guidelines Section 15162. However, because no changes are proposed to buildout assumptions included in the adopted Specific Plan and certified EIR, it is unnecessary to provide an individual or separate discussion of each checklist item in Appendix G of the State CEQA Guidelines. Instead of a checklist format, the Addendum will provide a narrative discussion of the environmental topic areas most affected by building heights, which include aesthetics and historic resources.
The potential impacts to aesthetics and historic resources will focus on how taller buildings might result in new or more severe significant impacts than were previously identified in the certified EIR. The analysis will be qualitative and not include the preparation of visual simulations or historic evaluations. All other environmental topics in Appendix G of the State CEQA Guidelines will be discussed collectively in a brief narrative that explains how these environmental topics are either not present downtown or would be generally unaffected by increased building height. The Addendum will conclude with a brief summary of how the proposed amendments to the Specific Plan would not result in conditions described in State CEQA Guidelines Section 15162 requiring preparation of a Subsequent EIR.
The Draft EIR Addendum will be in the format of a stand-alone memorandum report. Rincon will submit an electronic copy of the Draft EIR Addendum in Microsoft Word format for Raimi and City review and comment.
Rincon will address City comments on the Draft EIR Addendum and prepare the Final EIR Addendum in PDF format. Rincon assumes that consistent with the CEQA Guidelines, the Addendum will not be specifically and separately circulated for public comment. Rincon will also prepare the Notice of Determination (NOD) and file it with the County Clerk. It is assumed that payment of CDFW fees will not be needed if payment for filing the NOD for the certified EIR can be demonstrated.
Task 5.2 - Management
This task will include management of the internal CEQA team and schedule, preparing monthly invoices and status reports, and coordination calls during preparation of the Addendum.
Task 5 Deliverables and Meetings
• Draft EIR Addendum
• Final EIR Addendum
• Notice of Determination
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
Task 6: Adoption
Task 6.1 – Adoption Draft: Zoning
R+A will review the consolidated feedback from City staff on any minor comments to address typos or clarifications on the Screencheck Review Draft and make all necessary updates to prepare the Adoption Draft Zoning Amendments.
Task 6.2 – Planning Commission Hearing - COMPLETE
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one Planning Commission hearing. R+A will prepare the staff report, resolution, and ordinances for the zoning codeamendments. The City will provide templates for these deliverables. In-person attendance is assumed for the hearing.
Task 6.3 – City Council Adoption Hearing - COMPLETE
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one City Council adoption hearing. R+A will prepare the staff report, resolution, and ordinances. A staff report for the 2nd Reading of the Ordinance will also be provided. The City will provide templates for these deliverables. Any comments from the Planning Commission will be included in the staff report. In-person attendance is assumed for the hearing.
Task 6.4 – Final: Zoning Amendments
R+A will address the comments from decisionmakers and make all necessary revisions to prepare the Final Zoning Amendments.
Task 6.5 – Adoption Draft: DWSP Amendments (if needed)
R+A will review the consolidated feedback from City staff on any minor comments to address typos or clarifications on the Screencheck Review Draft and make all necessary updates to prepare the Adoption Draft DWSP Amendments.
Task 6.6 – Planning Commission Hearing (if needed)
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one Planning Commission hearing. R+A will prepare the staff report, resolution, and ordinances for the DWSP Amendments. The City will provide templates for these deliverables. In-person attendance is assumed for the hearing.
Task 6.7 – City Council Adoption Hearing (if needed)
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one City Council adoption hearing. R+A will prepare the staff report, resolution, and ordinances. A staff report for the 2nd Reading of the Ordinance will also be provided. The City will provide templates for these deliverables. Any comments from the Planning Commission will be included in the staff report. In-person attendance is assumed for the hearing.
Task 6.8 – Final: DWSP Amendments
R+A will address the comments from decisionmakers and make all necessary revisions to prepare the Final DWSP Amendments.
Task 6.9 – User-friendly handouts
Once the code amendments are adopted, R+A will prepare a user-friendly handout to provide information on the new requirements and processes for ADUs/JADUs. The handout will be bilingual (English and Spanish) and provide a visual dictionary of ADU/JADU types, a summary Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
table of development standards, and clear step-by-step instructions of the review process. A 1- page Reasonable Accommodations handout will also be prepared R+A will also prepare a user-friendly handout to explain density bonus regulations as they apply in the City of Watsonville.
R+A will also prepare a user-friendly handout to explain SB9 as it applies in the City of Watsonville to implement Program E.4.
Task 6.10 – Application Forms
R+A will prepare application forms for projects using SB35 and SB330. Using the HCD template as the starting point, the application will be tailored to align with the city’s review procedures.
The applications will be fillable Excel or PDF files. One round of edits is included.
R+A will also prepare application forms for projects using SB 4, SB 9, AB 2011, and Density Bonus projects. This task does not include changes to the Zoning Code to address SB 4, SB 9 and AB 2011.
Task 6 Deliverables and Meetings
• Adoption Draft: Zoning Amendments
• Adoption Draft: DWSP Amendments
• Staff reports, Resolution and Ordinances
• PC and CC adoption hearings (2 each)
• Final: Zoning and DWSP Amendments
• Revised DWSP document
• ADU Handout
• Reasonable Accommodations Handout
• Density Bonus Handout
• SB9 Handout
• Applications – SB35 and SB330
• Applications – SB 4, SB 9, AB 2011, and Density Bonus Projects Assumptions for City Staff
We believe that the best plans are developed as a partnership between City staff and the consultant team. While the Raimi + Associates team will do the bulk of the work on the project, we expect that City staff will serve as partners in the project every step of the way. The following is a preliminary list of the primary responsibilities of City staff:
1. The City will provide correct and up-to-date information; the consultant team is not responsible for out-of-date or inaccurate information.
2. The City will provide the following documents, maps and studies:
a. Available plans for ADU/JADU projects currently under review or recently approved b. Housing Element
c. Watsonville Downtown Specific Plan and EIR
d. Height maps for the Downtown Specific Plan
e. Relevant sections of the Zoning Code in Word format (per task 2.1 topics) f. Any policy or procedural documents pertaining to the topic areas identified in task 2.1
3. All tasks are budgeted with an allowance for a certain number of hours which assumes a level of effort that is consistent with industry best practices and standards.
4. City review time for all project deliverables will be two weeks. All comments will be provided as a single set of non-conflicting and actionable comments that provide clear direction for Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
the consultant team. Edits may also be provided electronically in Word as tracked change edits.
5. City staff will serve as partners to the consultant team in the update process and will be responsible for, at minimum, the following activities:
a. Logistics of all meetings.
b. Timely response to consultant team questions.
c. Timely review of documents and materials prepared by the consultant team. d. Preparing required notifications for public meetings and hearings. e. Coordinating with City staff in other departments throughout the project, including setting internal meetings.
f. All project documents will be delivered in electronic format, both Word and PDF formats. City staff will be responsible for printing documents. g. Other printing and mailing costs associated with the project are not specifically identified in the scope of work.
h. Other tasks as identified during the process.
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the schedule below. Schedule may be administratively amended as mutually agreed in writing between the signatories to this agreement.
Schedule 10/6/2025 10/13/2025 10/20/2025 10/27/2025 11/3/2025 11/10/2025 11/17/2025 11/24/2025 12/1/2025 12/8/2025 12/15/2025 12/22/2025 12/29/2025 Task 1: Project Initiation & Management
1.1 Project Kick-Off Meeting
1.2 Biweekly Conference Calls (14)
1.3 Project Coordination
Task 2: Background Research
2.1 Data Gathering and Issues Matrix
2.2 Staff Working Session #1
Task 3: Draft Zoning Amendments
3.1 Administrative Draft
3.2 Staff Working Session #2
3.3 Screencheck Review Draft
Task 4: Draft DWSP Amendments
4.1 Test Fits
4.2 Staff Working Session #3
4.3 HCD meeting
4.4 PC and/or CC Study Session
4.5 Admin Draft: DWSP Amendments
4.6 Screencheck Review Draft: DWSP
Amendments
Task 5: Environmental Review
5.1 EIR Addendum (Draft and Final)
5.2 Management
Task 5: Adoption
6.1 Adoption Draft
6.2 Planning Commission Hearing
6.3 City Council Adoption Hearing
6.4 Final Zoning Amendments
6.5 Adoption Draft: DWSP Amendments
6.6 Planning Commission Hearing
6.7 City Council Adoption Hearing
6.8 Final DWSP Amendments
6.9 User-friendly handouts
6.10 Application Forms
Purple text: Completed tasks
Strike-thru text: Deleted tasks Ongoing Deliverable Project Work Oct-25 Nov-25 Dec-25
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
EXHIBIT “C”
REVISED PROJECT BUDGET
The not-to-exceed project budget ($169,380) for the Housing Element Implementation – Zoning Amendments is provided below and is itemized by each task and subtask.
City of Watsonville, CA Red text: Change to budget
Purple text: Completed tasks
Strikethrough text: Deleted tasks
ODCs Total
Principal /
Project
Manager
Deputy
Project
Manager
Zoning
Code
Expert
Senior
Planner I
Intermedi
ate
Planner
Principal Supervisor
Planner I
Planner
III
GIS/CADD
Specialist
II
$285 $250 $225 $180 $160 $307 $272 $196 $167
Task 1: Project Initiation & Management
1.1 Project Kick-Off Meeting (Virtual) 2 6 2 10 $ 2,520 0 $ - $ 76 $ 2,596
1.2 Biweekly Conference Calls (14) 14 20 14 48 $ 12,140 0 $ - $ 364 $ 12,504
1.3 Project Coordination 20 16 8 44 $ 11,140 0 $ - $ 334 $ 11,474 Subtotal Task 1 36 42 16 8 0 102 $ 25,800 0 0 0 0 0 $ - $ 774 $ 26,574 Task 2: Background Research
2.1 Data Gathering and Issues Matrix 4 12 12 8 36 $ 8,280 0 $ - $ 248 $ 8,528
2.2 Staff Working Session #1 3 4 4 11 $ 2,755 0 $ - $ 83 $ 2,838 Subtotal Task 2 7 16 16 8 0 47 $ 11,035 0 0 0 0 0 $ - $ 331 $ 11,366 Task 3: Draft Zoning Amendments
3.1 Administrative Draft: Zoning Amendments 20 12 12 32 32 108 $ 22,280 0 $ - $ 668 $ 22,948
3.2 Staff Working Session #2 2 2 2 6 $ 1,390 0 $ - $ 42 $ 1,432
3.3 Screencheck Review Draft: Zoning Amendments 12 12 14 14 52 $ 11,180 0 $ - $ 335 $ 11,515 Subtotal Task 3 34 26 12 46 48 166 $ 34,850 0 0 0 0 0 $ - $ 1,046 $ 35,896 Task 4: Draft DWSP Amendments
4.1 Test Fits 4 24 28 $ 4,980 0 $ - $ 149 $ 5,129
4.2 Staff Working Session #3 2 2 2 6 $ 1,390 0 $ - $ 42 $ 1,432
4.3 HCD meeting 4 4 8 $ 2,140 0 $ - $ 64 $ 2,204
4.4 PC and/or CC Study Session(s) 4 4 8 16 $ 3,420 0 $ - $ 103 $ 3,523
4.5 Administrative Draft: DWSP Amendments 4 8 4 16 32 $ 6,420 0 $ - $ 193 $ 6,613
4.6 Screencheck Review Draft: DWSP Amendments 2 4 6 6 18 $ 3,610 0 $ - $ 108 $ 3,718 Subtotal Task 4 20 22 0 10 56 108 $ 21,960 0 0 0 0 0 $ - $ 659 $ 22,619 Task 5: Environmental Review
5.1 EIR Addendum (Draft & Final) 0 $ - 0 1 1 $ 340 $ 24 $ 364
5.2 EIR Management 0 $ - 0 $ - $ - $ -
Subtotal Task 5 0 0 0 0 0 0 $ - 0 1 0 0 1 $ 340 $ 24 $ 364 Task 6: Public Review of Recommendations
6.1 Adoption Draft: Zoning Amendments 2 4 8 8 22 $ 4,290 0 $ - $ 129 $ 4,419
6.2 Planning Commission Hearing (includes preparing
staff report, resolution and ordinances) 14 8 4 26 $ 6,630 0 $ - $ 199 $ 6,829
6.3 City Council Adoption Hearing (includes preparing
staff report, resolution and ordinances) 14 8 4 26 $ 6,630 0 $ - $ 199 $ 6,829
6.4 Final: Zoning Amendments 2 2 2 4 10 $ 2,070 0 $ - $ 62 $ 2,132
6.5 Adoption Draft: DWSP Amendments 2 4 8 14 $ 2,850 0 $ - $ 86 $ 2,936
6.6 Planning Commission Hearing (includes preparing
staff report, resolution and ordinances) 0 $ - 0 $ - $ - $ -
6.7 City Council Adoption Hearing (includes preparing
staff report, resolution and ordinances) 0 $ - 0 $ - $ - $ -
6.8 Final: DWSP Amendments 0 $ - 0 $ - $ - $ -
6.9 User-friendly handouts - ADU, density bonus,
reasonable accomodations 8 12 24 30 74 $ 14,400 0 $ - $ 432 $ 14,832
6.10 Application Forms - SB35 & SB330, etc. 30 14 24 44 45 157 $ 32,570 0 $ - $ 977 $ 33,547 Subtotal Task 6 72 52 24 78 103 329 $ 69,440 0 0 0 0 0 $ - $ 2,083 $ 71,523 Budget Total 169 158 68 150 207 752 $ 163,085 0 1 0 0 1 $ 340 $ 4,916 $ 168,341 Travel Costs (allowance) $ 1,000 $ - $ 1,000
TOTAL BY FIRM $ 164,085 $ 340 $ 4,916 $ 169,341
CONTINGENCY $ 39
GRAND TOTAL $ 169,380
Other Direct
Costs
(See Notes)
Total Fee Task
# Task Description Total Hours Labor Costs Total Hours
Labor
Costs
RAIMI + ASSOCIATES RINCON CONSULTING
Revised Budget
9/19/2025
Tasks Prime Subconsultant
Docusign Envelope ID: A99B1D54-4281-4AA4-877D-037029573261
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: PROJECT MANAGER PERALTA
RECOMMENDED BY: DEPUTY CITY MANAGER CALUBAQUIB
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVE SECOND CONTRACT AMENDMENT WITH PACIFIC CREST ENGINEERING, INC. FOR THE RAMSAY PARK RENAISSANCE PROJECT INCREASING COMPENSATION AMOUNT BY $75,399.75
RECOMMENDATION:
Adopt a resolution approving a Second Contract Amendment with Pacific Crest Engineering, Inc. for the Ramsay Park Renaissance Project; increasing the compensation amount by $75,399.75 for a revised total contract amount not to exceed $247,739.75; and authorizing City Manager to execute same.
BACKGROUND:
On February 25, 2022, the Public Works & Utilities Department issued a Request for Qualifications (RFQ) for qualified consultants to assist the City with special inspection, testing and geotechnical services on an on-call and as-needed basis.
On May 24, 2022, the City Council adopted Resolution No. 94-22 (CM) awarding a Professional Services Contract to Pacific Crest Engineering Inc. to provide on-call inspection, testing, and geotechnical engineering services, in an amount not to exceed $250,000.
On February 22, 2024, the City and Pacific Crest Engineering Inc. executed a Professional Services Contract for the Ramsay Park Improvements Project for inspection, testing, and geotechnical engineering services, in an amount not to exceed $95,060 with a completion date of March 31, 2026.
On April 15, 2025, the City Council adopted Resolution No. 93-25 (CM) approving First Amendment to Contract, extending the term of contract to December 31, 2026; and increasing the compensation by $77,280 for a total contract amount not to exceed $172,340.
2 DISCUSSION:
Pacific Crest Engineering Inc. is a local consultant firm providing engineering services on the Ramsay Park Improvements Project (“project”) for Opinion of Probable Cost (OPC) and Earthwork Observation and Testing (EO&T). On-call services were initially provided on the project, and eventually, a contract was executed to kick-start the initial inspection, testing, and geotechnical engineering services needed for preconstruction.
These special geotechnical inspections are critical for the retaining walls and concrete seating, the synthetic turf multi-use field, concrete testing of the playground and dog park, play equipment area, parking lot, and access roads, as well as drilled piers for site lighting. As the project progresses, additional observations and testing will be required for trenches, paths, concrete, paving, and grading work. The additional compensation for this contract will allow staff to continue using these services until the end of the project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
On August 16, 2023, the City of Watsonville’s Zoning Administrator issued an Administrative Use Permit and Design Review Permit with Environmental Review (PP2022-4245) for the Ramsay Park Renaissance Project with no substantial evidence that the project will have a significant effect on the environment in accordance with Public Resources Code section 21080(c).
On August 29, 2023, the City of Watsonville’s Zoning Administrator filed a Notice of Determination with a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Plan (MMRP) with the Santa Cruz CEQA Clerk and Office of Planning and Research pursuant to CEQA provisions.
The CEQA documentation prepared for the Ramsay Park Renaissance Project serves as the appropriate environmental documentation for proposed Second Amendment to Contract and satisfies all requirements of CEQA. No supplemental environmental documentation is required by CEQA at this time pursuant to CEQA Guidelines section 15162, because no substantial changes are proposed to the Project with this Second Amendment to Contract and no new information of substantial importance has been identified. Additionally, no addendum is required pursuant to CEQA Guidelines section 15164 because no technical changes or additions are proposed through this Second Amendment to Contract, and this Second Amendment to Contract does not authorize any actions that will create any environmental impact that have not already been analyzed.
STRATEGIC PLAN:
This recommendation is consistent with the following Council Strategic Goals:
Infrastructure & Environment: Renovation of significant City infrastructure Community Engagement & Well-Being: Parks support the community’s well-being
3 FINANCIAL IMPACT:
There are sufficient funds available in the Fiscal Year 2022-23 CIP Ramsay Park Master Plan to pay the balance of this contract. Account number 0150-901-7820-15020.
ALTERNATIVE ACTION:
No reasonable alternative action is proposed.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
Reso No. (CM)
Reference: Reso No. 93-25 (Amend)
Meeting Date: 120225 SWZ ______ RM ______ PCS ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING SECOND AMENDMENT TO CONTRACT
WITH PACIFIC CREST ENGINEERING, INC., FOR SPECIAL
INSPECTION, TESTING, AND GEOTECHNICAL ENGINEERING
SERVICES FOR THE RAMSAY PARK RENAISSANCE PROJECT;
INCREASING THE CONTRACT AMOUNT BY $75,399.75 FOR A
REVISED TOTAL CONTRACT AMOUNT NOT TO EXCEED $247,739.75;
AND AUTHORIZING 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, a Request for Qualifications (RFQ) was issued on February 25, 2022, asking for qualified consultants to assist the City with special inspection, testing and geotechnical services on an on-call and as-needed basis; and WHEREAS, on May 24, 2022, the City Council adopted Resolution No. 94-22 (CM) awarding a Professional Services Contract to Pacific Crest Engineering Inc., a California corporation, to provide on-call inspection, testing, and geotechnical engineering services in an amount not to exceed $250,000; and
WHEREAS, on February 22, 2024, the City and Pacific Crest Engineering Inc., executed a separate Professional Services Contract for the Ramsay Park Improvements Project for inspection, testing, and geotechnical engineering services, in an amount not to exceed $95,060 with a completion date of March 31, 2026; and WHEREAS, on April 15, 2025, City Council adopted Resolution No. 93-25 (CM) approving First Amendment to Contract, extending the term of contract to December 31,
Reso No. (CM)
Reference: Reso No. 93-25 (Amend)
Meeting Date: 120225
2 2026; and increasing the compensation by $77,280, for a total contract amount not to exceed $172,340.
WHEREAS, this Second Amendment to Contract will amend Section 4.
Compensation as specified in “Exhibit C” to increase the compensation amount by $75,339.75, in an amount not to exceed $247,739.75.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. On August 16, 2023, the City of Watsonville’s Zoning Administrator issued an Administrative Use Permit and Design Review Permit with Environmental Review (PP2022-4245) for the Ramsay Park Renaissance Project with no substantial evidence that the project will have a significant effect on the environment in accordance with Public Resources Code section 21080(c).
2. On August 29, 2023, the City of Watsonville’s Zoning Administrator filed a Notice of Determination with a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Plan (MMRP) with the Santa Cruz CEQA Clerk and Office of Planning and Research pursuant to CEQA provisions.
3. The City Council finds and determines that (i) the CEQA documentation prepared for the Ramsay Park Renaissance Project serves as the appropriate environmental documentation for proposed Second Amendment to Contract and satisfies all requirements of CEQA; and (ii) no supplemental environmental documentation is required by CEQA at this time pursuant to CEQA Guidelines section 15162, because no substantial changes are proposed to the Project with this Second Amendment to Contract and no new information of substantial importance has been identified. Additionally, no addendum is required pursuant to CEQA Guidelines section 15164 because no technical
Reso No. (CM)
Reference: Reso No. 93-25 (Amend)
Meeting Date: 120225
3 changes or additions are proposed through this Second Amendment to Contract, and this Second Amendment to Contract does not authorize any actions that will create any environmental impact that have not already been analyzed.
4. That the Second Amendment to Contract between the City of Watsonville and Pacific Crest Engineering Inc., a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
5. The City Manager is hereby authorized and directed to execute said Second Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
********************************
1 SECOND AMENDMENT TO CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND PACIFIC CREST ENGINEERING, INC.
THIS SECOND AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Pacific Crest Engineering, Inc. (“Consultant”) this 14
th day of November 2025, The City and Consultant agree as follows:
RECITALS
WHEREAS, the City and Consultant have previously executed a Consultant Services Contract for inspection, testing, and geotechnical engineering services on the Ramsay Park Improvements Project from December 28, 2023, to March 31, 2026.
WHEREAS, the City has a need to add additional time and cost to the project completion; and
WHEREAS, the amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:
Section 4 is hereby amended to read:
"Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of seventy-five thousand three hundred ninety-nine and seventy-five cents ($75,399.75) for professional services.
All other terms and conditions of the Contract dated February 22, 2024, as amended, shall remain in full force and effect.
Docusign Envelope ID: 8E25F12B-A912-4CF7-9B70-845655501582 In Process
2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Services Contract the day and year first herein above written.
CITY OF WATSONVILLE PACIFIC CREST ENGINEERING, INC.
By___________________________ By______________________________ Tamara Vides, City Manager Chris Johnson, Principal Civil Engineer
ATTEST:
By___________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: 8E25F12B-A912-4CF7-9B70-845655501582 In Process
3 EXHIBIT "C"
Compensation
Add an additional amount of $75,399.75 Total Compensation. The total obligation of City under this Contract shall not exceed $247,739.75.
Docusign Envelope ID: 8E25F12B-A912-4CF7-9B70-845655501582 In Process
1 Reso No. (CM)
Reference: Reso No. 178-24 (Amend)
Meeting Date: 120225
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPROVING FIRST AMENDMENT TO EMPLOYMENT CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND TAMARA VIDES FOR
EMPLOYMENT AS CITY MANAGER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving a First Amendment to an At-Will Employment Agreement does not meet CEQA’s definition of a “project”, because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That the First Amendment to the At-Will Employment Agreement between the City of Watsonville and Tamara Vides for employment as City Manager of the City of Watsonville, attached hereto and incorporated herein by this reference, is hereby approved.
3. That the Mayor is hereby authorized and directed to execute the First Amendment to the Employment Contract for and on behalf of the City of Watsonville. ********************************
4935-0485-6444 v1 Page 1 of 2
FIRST AMENDMENT TO THE AT-WILL EMPLOYMENT AGREEMENT
OF TAMARA VIDES
This First Amendment is entered into effective as of the date of adoption by the City Council, 2025, by and between the CITY OF WATSONVILLE, a municipal corporation, hereafter referred to as “City,” and Tamara Vides, hereafter referred to as “Employee,” and collectively as “Parties.”
RECITALS
WHEREAS, on August 27, 2024, the City Council adopted Resolution No. 178-24 (CM), appointing Tamara Vides as City Manager, and approving an at-will employment agreement (“Agreement”) between the City and Vides for employment of Vides as City Manager; and
WHEREAS, effective March 29, 2025, pursuant to Section 5(b) of the Agreement, Employee’s salary was increased by 6% to $297,860; and
WHEREAS, the Parties now wish to amend the Agreement.
NOW THEREFORE, the Parties agree that the Agreement shall be amended as follows:
1. Section 5. Salary. Section 5(a) is amended to read as follows:
a. Effective the first full pay period after Council approval, City agrees to pay Employee $312,753 per year (approximately $26,062.75 per month). The City will make all salary payments to Employee at the same time payments to other City employees, and payments will be subject to the customary withholdings.
2. Section 8. Severance. Section 8(e) is amended to read as follows:
e. If Employee’s employment is terminated, and severance pay is applicable pursuant to the terms stated above, City agrees to pay Employee a cash payment equal to twelve (12) months of base salary, minus any required withholdings.
4935-0485-6444 v1 Page 2 of 2
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the At-Will Employment Agreement of Tamara Vides on the day and year noted above.
CITY OF WATSONVILLE
By:______________________________
Maria Orozco, Mayor
By:___________________________
Tamara Vides, City Manager
ATTEST:
Irwin Ivan Ortiz, City Clerk
APPROVED AS TO FORM:
_________________________________
Samantha W. Zutler, City Attorney
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: PROJECT MANAGER HERRERA
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: FIRST AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY
CONSTRUCTION STAGING AREA AT LAND TRUST OF SANTA CRUZ
COUNTY PROPERTY LOCATED AT 275 LEE ROAD
RECOMMENDATION:
It is recommended that the City Council adopt a resolution approving a First Amendment to a License Agreement with the Land Trust of Santa Cruz County for the use of a temporary staging area for City funded Lee Road Trail, Phase 1 project at 275 Lee Road, Watsonville, California, reducing the acreage subject to the agreement, , and authorize and direct the City Manager to execute same.
BACKGROUND:
The Land Trust of Santa Cruz County offered the City of Watsonville the use of their land on 275 Lee Road Drive for a temporary construction staging area for City-hired contractors to use for employees and equipment parking, materials, and equipment storage during the length of construction for the Lee Road Trail, Phase 1 project.
On June 25, 2024, Council approved Resolution No. 118-24 (CM), approving a License Agreement with the Land Trust of Santa Cruz County for the use of the Land Trust’s land for a temporary construction staging area in 2025, expiring on December 31, 2025. But due to delays in permitting, the project construction was subsequently delayed by one year.
DISCUSSION:
The License is for the use of a temporary construction staging area during construction of the Lee Road Trail project Phase 1. This will allow the City’s hired contractor to access 0.7 acres of land for a duration
2 of one year at a cost of one dollar. Parking and land use is very limited in this area, so having an established temporary staging area next to the project will be an advantage on the overall construction cost of the project. Refer to Exhibit A for map of the project.
The staging area has been reduced from 1.1 acres to 0.7 acres due to the Land Trust of Santa Cruz County’s parking lot project that will break ground in Summer of 2026. The original License Agreement specifies that the term is for the actual duration of the trail construction period which is anticipated to commence in the spring of 2026 and end before December 31, 2026.
The first amendment to the License Agreement will extend the agreement by one year and also change the acreage of land the Land Trust will provide to the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
Approving the extension of the license agreement with the Land Trust of Santa Cruz County 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:
The project addresses the following Strategic Plan(s):
Infrastructure & Environment
Public Safety
FINANCIAL IMPACT:
Insignificant, as there is a one-dollar charge to the City for the agreement ALTERNATIVE ACTION:
No reasonable alternatives are known at this time.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
Exhibit A - Temporary Construction Staging Area
Exhibit B – Resolution No. 118-24 License Agreement with Land Trust
EXHIBIT A
TEMPORARY CONSTRUCTION STAGING
AREA
PROPOSED SIDEWALK
AND BIKE LANE
PROPOSED BIKE AND PEDESTRIAN TRAIL- PHASE 1
STAGING AREA
0.7 ACRES
LAND TRUST OF
SANTA CRUZ
COUNTY
Reso No. 118-24 (CM)
Meeting Date: 06/25/24 1
RESOLUTION NO. 118-24 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A LICENSE AGREEMENT BETWEEN THE
CITY OF WATSONVILLE AND THE LAND TRUST OF SANTA CRUZ
COUNTY, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT
CORPORATION, FOR A TEMPORARY CONSTRUCTION STAGING
AREA LOCATED AT 275 LEE ROAD, WATSONVILLE, CALIFORNIA,
AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE SAME
WHEREAS, the City is in design and acquisition of a trail easement for the Lee Road Trail Project, Phase 1 and will require a temporary staging area for City hired contractor to use for employee and equipment parking, materials and equipment storage during the length of construction; and
WHEREAS, the Land Trust of Santa Cruz County owns property adjacent to the proposed project and has agreed to rent the City a portion of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Adopting a Resolution approving the license agreement with the Land Trust of Santa Cruz County does not meet CEQA’s definition of a “project”, because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
2. That the License Agreement between the City of Watsonville and the Land Trust of Santa Cruz County, a California non-profit public benefit corporation, for the Land Trust owned property at 275 Lee Road, Watsonville, California, a copy of which License Agreement is attached hereto and incorporated herein by this reference, is hereby approved.
DocuSign Envelope ID: 52DEE7AC-9490-424E-AD4A-4AB3D692BA15 5787
Attachment B
Reso No. 118-24 (CM)
Meeting Date: 06/25/24 2
3. The City Manager is hereby authorized and directed to execute such License Agreement for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney. ********************************
DocuSign Envelope ID: 52DEE7AC-9490-424E-AD4A-4AB3D692BA15 Attachment B
Reso No. 118-24 (CM)
Meeting Date: 06/25/24 3
The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 25th day of June , 2024, by Mayor Pro Tempore Orozco , who moved its adoption, which motion being duly seconded by Member Clark, was upon roll call carried and the resolution adopted by the following vote:
AYES: COUNCIL MEMBERS: Clark, Dutra, Orozco, Parker, Salcido, Quiroz-Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Montesino
____________________________
Vanessa Quiroz-Carter, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney
************************************
I, Irwin I. Ortiz, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 118-24 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 25th day of June , 2024, and that the foregoing is a full, true and correct copy of said Resolution. ________________________________
Irwin I. Ortiz, City Clerk
Date__________________________
DocuSign Envelope ID: 52DEE7AC-9490-424E-AD4A-4AB3D692BA15 7/2/2024 | 10:12 AM PDT
7/2/2024 | 10:12 AM PDT
Attachment B
4892-4531-6274 v2 1
Land Trust – License Agreement April 2024
LICENSE AGREEMENT
Watsonville Slough Farms
This license agreement (“Agreement”) is made and entered into effective _________, 2024 (“Effective Date”), by and between Land Trust of Santa Cruz County (“Land Trust”), a California non-profit public benefit corporation (“Land Trust”), and the City of Watsonville (“City”), an incorporated charter city in the State of California, with regard to the following.
A. Land Trust owns certain real property in Santa Cruz County, California, called the Watsonville Slough Farms, located at 275 Lee Road, Assessor Parcel Number(s) 052-081-37, 052-081-35, and 052-081-34 (“Property”), and which is shown on the map attached hereto and incorporated herein as Exhibit A (“Property Map”).
B. The City is the lead agency for the Lee Road Trail Project (“Trail Project”), a
1.43-mile paved pedestrian/bicycle trail identified in the City of Watsonville Trails and Bicycle Master Plan. This proposed trail segment extends south from Harkins Slough Road along Lee Road, across Struve Slough and south along Lee Road to West Riverside Drive. Phase 1 of this project is anticipated to be built in late 2024 and part of 2025, and will extend from Harkins Slough Road along Lee Road to the entrance of the Watsonville Slough Farms at 275 Lee Road.
C. Land Trust desires to grant, and the City desires to accept, a nonexclusive license to allow the City to utilize a portion of the Watsonville Slough Farms for the purpose of a temporary construction staging area to support implementation of the Lee Road Trail Project. This area is comprised of approximately 1.1 acre (approximately 48,000 square feet), and is shown as the “Temporary Construction Staging Area” on Exhibit B.
THEREFORE, for, in consideration of the foregoing, which are incorporated herein by reference, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Land Trust and the City agree as follow:
1. Grant of License; Term. Land Trust hereby grants, and the City accepts, a nonexclusive license to allow the City to utilize the Temporary Construction Staging Area for the purpose of a temporary construction staging area on the terms and conditions set forth in this Agreement. The term of this Agreement is for the actual duration of the trail construction period which is anticipated to commence on approximately December 2024 and end on approximately December 31, 2025.
2. As Is Condition of Property. Land Trust makes no warranties or representations to the City concerning the suitability of the Property or any portion thereof for the purpose of construction equipment staging. The City is fully aware of the needs of a laydown area for the duration of construction and has determined, based solely on its own inspection, that Temporary Construction Staging Area is suitable for this intended use. The City accepts the Temporary Construction Staging Area in its present condition “AS IS, WITH Attachment B
4892-4531-6274 v2 2
Land Trust – License Agreement April 2024
ALL FAULTS,” without representation or warranty of any kind, and subject to all applicable laws, statues, ordinances, rules and regulations governing the use, occupancy and management of the Temporary Construction Staging Area. Without limiting the forgoing, this Agreement is made subject to any and all covenants, conditions, restrictions, easements and other title matters affecting the Temporary Construction Staging Area, or any portion thereof, whether or not recorded. (a) The City agrees, on the last day of the Agreement term, to surrender the Temporary Construction Staging Area to Land Trust in substantially the same condition as when received, excepting only changes agreed to by Land Trust and changes resulting from natural casualties (except as provided in Paragraph 7, regarding insurance). The condition of soil and vegetation in the Temporary Construction Staging Area shall be restored to substantially the condition that existed prior to the City’s use.
3. Payment.
The City shall pay Land Trust $1 per year for the use of the Temporary Construction Staging Area.
4. Operations on the Premises. The City’s use of the Temporary Construction Staging Area shall be subject to the following conditions, in addition to any others set out in this Agreement:
(a) Activities. The City shall use the Temporary Construction Staging Area solely for the purpose of staging of equipment and construction related activities during the construction of Phase 1 of the Lee Road Trail Project. There shall be no activities or disturbances on Land Trust’s property outside of the Temporary Construction Staging Area, as shown on Exhibit B. All equipment operation, vehicle parking, equipment storage, etc. must occur only within the area shown on Exhibit B as the Temporary Construction Staging Area.
(b) Best Management Practices. The City shall carry on all of the activities specified under subparagraph (a) above in accordance with best management practices as described in the Project’s Mitigation Monitoring and Reporting Program (MMRP) as included in the Lee Road Trail Project Mitigated Negative Declaration (MND). The City shall be responsible for maintaining the current certification of the compliance with the Project MMRP.
(c) Waste. The City shall not cause or permit (i) any waste on the Temporary Construction Staging Area (ii) any public or private nuisance thereon; or (iii) any condition which violates any standard form policy of liability insurance covering the Temporary Construction Staging Area, provided the requirements of such policy have been delivered to the City in writing. The City shall maintain the Temporary Construction Staging Area free of all trash, abandoned vehicles and all other offensive materials. The City will provide adequate trash containers and portable toilets. Land Trust shall notify the City of unacceptable trash accumulation or any condition which, in Land Trust’s Attachment B
4892-4531-6274 v2 3
Land Trust – License Agreement April 2024
reasonable opinion, is unsafe or in violation of this Agreement and, if the condition is not rectified by the City within ten (10) days after being given written notice thereof, Land Trust shall have the right to rectify the condition and to bill the City for the reasonable cost of cleanup. Motor oil, tractor fluids or other vehicular materials, new or used, must be stored in a manner such that no spillage or exposure to the weather will occur. Used motor oil and other such toxic materials must be properly removed from the Temporary Construction Staging Area in a timely manner.
5. Hazardous and Toxic Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including but not limited to substances defined as “hazardous substances”, “hazardous materials”, or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.
Code. Sections 9601 et seq. (“CERCLA”); as amended by The Superfund Amendments and Reauthorization Act (“SARA”); or the Hazardous Materials Transportation Act, 42 U.S. Code. Sections 6901 et seq; and those substances defined as “hazardous wastes” in Section 25117 of the California Health and Safety Code, and in any regulations adopted and publications promulgated pursuant to the foregoing or any similar laws, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof.
At all times during the Agreement term, the City shall strictly comply with any and all requirements of any federal, state, county or municipal statute, law, rule, administrative order, regulation or ordinance governing the use, operation, creation, management, transportation, storage, generation or disposal of Agrochemicals and Hazardous Material and/or relating to clean water, including specifically, but limited to, CERCLA, the Carpenter-Presley-Tanner-Hazardous Substance Account Act, and the Safe Drinking Water and Toxic Enforcement Act of 1986. The City shall indemnify, defend and hold harmless Land Trust, and its officers, directors, employees, agents, and tenants from and against any and all liabilities, claims, judgments, awards, settlements, damages and costs (including attorneys’ and consultants’ fees and costs); including, without limitation, those incurred for testing, remedial investigation, removal, interim and final remedial action, cleanup, abatement or other remedial work, natural resource damages, personal injury or property damages, fines and penalties arising from the presence of Hazardous Materials on, in or under the Temporary Construction Staging Area or in the ground or surface waters of the Temporary Construction Staging Area to the extent caused by the City’s operations under this Agreement. Provided, however, that the City shall not be responsible with respect to, or have any obligation to clean up, any Hazardous Materials which were brought onto or used on the Property by anyone other than the City and/or its employees, contractors, agents, and/or invitees. The provision of this Paragraph shall survive the expiration or termination of the Agreement.
6. Temporary Construction Staging Area Security. The City shall ensure that all gates are closed and locked when the City or any of the City’s employees, representative, agents, or invitees are not present at the Temporary Construction Staging Area. The City may alter gates, fences or ditches to facilitate access to the staging area, but such alterations Attachment B
4892-4531-6274 v2 4
Land Trust – License Agreement April 2024
must be made in a manner that preserves the ability secure the Temporary Construction Staging Area by gates, fences and ditches. The City shall ensure that all gates are closed and locked from 6:00 PM to 6:00 AM. All gates shall be locked during all Saturday and Sunday hours. The Land Trust must have the ability to access and inspect the Temporary Construction Staging Area at all times upon reasonable notice to the City. The Land Trust shall not be held responsible for any theft of the City’s equipment or material, or that of their employees, contractors, agents staged within the Temporary Construction Staging Area. The City shall be responsible for repairing gates, fences and ditches damaged by vandalism within 72 hours to prevent trespass and notifying the Land Trust immediately of any such vandalism.
7. Liens. The City shall not suffer or permit to be enforced against the Property, or any part thereof, any mechanics', laborers', materialmen's, contractors', subcontractors', or any other liens arising from, or any claims for damages growing out of, any work or other activities of the City under this Agreement (collectively, "Liens"). The City hereby protects, defends, indemnifies and agrees to hold Land Trust and the Temporary Construction Staging Area free and harmless from all liability for any and all such Liens, together with all costs and expenses, including, but not limited to, attorneys' fees and court costs incurred by Land Trust in connection therewith.
8. Repair of Damage. The City agrees, at its sole expense, to repair or replace any damage to the Temporary Construction Staging Area which is in any material manner whatsoever damaged, destroyed or removed in connection with the exercise by the City or its agents, contractors or subcontractors of the rights herein granted.
9. Indemnification of Land Trust. The City shall indemnify and defend Land Trust and its officers, directors, employees, representatives, agents, contractors, and invitees against, and shall hold such indemnified parties harmless of and from, any and all claims, liabilities, losses, fines, penalties, costs, damages, and expenses of any kind or nature whatsoever (including, but not limited to, attorneys’ fees and expenses, as well as costs of suit, whether incurred at the trial, appellate, or administrative level) which any of such indemnified parties may sustain, incur, or suffer, or to which any of such indemnified parties may be subjected, to the extent resulting from or in connection with the use or operation of the Temporary Construction Staging Area or (where applicable to this Agreement) any other part of the Property by the City or any of the City’s employees, representatives, agents, contractor’s, or invitees, whether or not such use is permitted under this Agreement. The City’s indemnification obligations shall survive the termination or expiration of this Agreement.
10. Insurance. During the Term of this Agreement, the City shall, at the City's sole cost and expense, maintain commercial general liability, automobile liability and worker's compensation insurance against claims for personal injury, death or property to the extent arising from the City’s activities on the Temporary Construction Staging Area. All such insurance shall be obtained immediately upon the execution of this Agreement. Upon the request of Land Trust, a certificate of insurance shall be delivered by the City to Land Trust. The general and automobile liability insurance shall not be less than $1,000,000.00 Attachment B
4892-4531-6274 v2 5
Land Trust – License Agreement April 2024
combined single limit for bodily injury and property damage. Land Trust and the City (and its officials, officers, directors, employees, and agents) shall be named as additional insureds on the commercial general liability insurance and automobile liability insurance.
11. Waiver. The waiver by Land Trust of a breach of any term, covenant, or condition contained in this Agreement shall not be treated as a waiver of such term, covenant, or condition contained in this Agreement.
12. No Third-Party Beneficiary. The Parties are entering into this Agreement solely for the benefit of themselves and agree that nothing herein shall be construed to confer any right, privilege, or benefit on any person or entity other than the Parties hereto and their successors and assigns.
13. Miscellaneous Provisions.
(a) Agreement. The terms of this Agreement are intended by the parties hereto as a final expression of their agreement with respect to the subject matter hereof, and may not be contradicted by evidence of any prior or contemporaneous agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence of any kind which contradicts the terms of this Agreement may be introduced in any proceedings (judicial or otherwise) involving this Agreement, except for evidence of a subsequent written amendment to this Agreement.
This Agreement may not be modified, amended, or otherwise changed in any manner, except by a written amendment executed by all of the parties hereto, or their successors in interest. This Agreement may be executed in multiple counterparts, and each executed counterpart of this Agreement shall be deemed an original for all purposes, despite the fact that not all of the parties are signatories to the same counterpart. (b) Invalidity. If any provision of this Agreement or the application thereof to any person(s) or circumstance(s) shall to any extent be held to be invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, and provided that the essential agreement of the parties to this Agreement is not materially altered as a result of such holding: (1) neither the remainder of this Agreement nor the application of such provision to any person(s) or circumstance(s), other than those as to whom or which it is held to be invalid or unenforceable, shall be affected thereby; (2) this Agreement shall be construed as though such invalid, illegal or unenforceable provision had never been contained in this Agreement; and (3) every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) Interpretation. In this Agreement, personal pronouns shall be construed as though of the gender and number required by the context, the singular including the plural, the plural including the singular, and each gender including other genders, all as may be required by the context. Wherever in this Agreement the term “and/or” is used it shall mean: “one or the other, both, any one or more, or all” of the things, events, persons or parties in connection with which the term is used. Any and all recitals at the beginning of this Agreement are accurate and shall constitute an integral part of this Agreement, and Attachment B
4892-4531-6274 v2 6
Land Trust – License Agreement April 2024
this Agreement shall be construed in light of those recitals. Any and all exhibits, schedules, and addenda attached to and referred to in this Agreement are hereby incorporated into this Agreement as fully as if set out in their entirety herein. The headings of the various paragraphs of this Agreement are intended solely for reference purposes, and are not intended for any purpose whatsoever to modify, explain, or place any construction on any of the provisions of this Agreement. This Agreement shall be governed by, construed in accordance with, and interpreted under, the internal law of the State of California.
(d) Successors and Assigns. Subject to any restriction contained in this Agreement on the ability of a party to assign or delegate its rights or obligations under this Agreement, the terms and conditions of this Agreement shall apply to and bind, and shall inure to the benefit of, the heirs, executors, administrators, successors, and assigns of the parties hereto.
(e) Survival of Representations and Obligations. The representations, warranties, covenants, agreements, and obligations of the parties which are set out in this Agreement (including, but not limited to, any indemnification obligations) shall remain in full force and effect after the expiration or earlier termination of this Agreement, in each case until and unless there is a waiver or release of such representation, warranty, covenant, agreement, or obligation by the beneficiary thereof.
(f) Performance and Waiver. Time is of the essence in the performance of each of the obligations of the parties under this Agreement, but no failure of a party to this Agreement to insist upon the timely performance of any obligation by another party shall constitute a waiver of the right to require performance of such obligation, or act as a waiver of the right to require the performance of any other obligation of such party (or any other party).
IN WITNESS WHEREOF, Land Trust and the City have executed this Agreement, effective as of the date first above written.
Land Trust: City of Watsonville:
LAND TRUST OF SANTA CRUZ COUNTY ___________________
By: _________________________ By: ________________________ Title: Executive Director
Attachment B
4892-4531-6274 v2 7
Land Trust – License Agreement April 2024
Exhibit A
Property Map
Attachment B
4892-4531-6274 v2 8
Land Trust – License Agreement April 2024
Exhibit B
Temporary Construction Staging Area
Attachment B
Reso No. (CM)
Reference: Reso No. 118-24 (Amend)
Meeting Date: 102425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING FIRST AMENDMENT TO LICENSE
AGREEMENT BETWEEN THE CITY OF WATSONVILLE AND THE LAND
TRUST OF SANTA CRUZ COUNTY, A CALIFORNIA NON-PROFIT
PUBLIC BENEFIT CORPORATION, FOR A TEMPORARY
CONSTRUCTION STAGING AREA LOCATED AT 275 LEE ROAD,
WATSONVILLE, CALIFORNIA, REDUCING THE ACREAGE SUBJECT
TO THE AGREEMENT, AND AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE SAME
WHEREAS, at its June 25, 2024 meeting, the Watsonville City Council approved Resolution No. 118-24, approving a License Agreement with the Land Trust of Santa Cruz County for the use of a Temporary Construction Staging Area located at 275 Lee Road, through December 31, 2025; and
WHEREAS, the City opened bids for the Lee Road Trail Phase 1 project and will require a temporary staging area for the City-hired contractor to use for employees and equipment parking, materials and equipment storage during the length of construction through December 25, 2026; and
WHEREAS, this First Amendment will reduce the staging area from 1.1 acres to
0.7 acres due to the Land Trust of Santa Cruz County’s parking lot project that will break ground in Summer of 2026. and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. Approving a First Amendment to License Agreement with the Land Trust of Santa Cruz County 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.
Reso No. (CM)
Reference: Reso No. 118-24 (Amend)
Meeting Date: 102425
2 2. That the First Amendment to License Agreement between the City of Watsonville and the Land Trust of Santa Cruz County, a California non-profit public benefit corporation, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
3. The City Manager be and is hereby authorized and directed to execute such First Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
4. The City Council hereby authorizes the City Manager, with the advice of the City Attorney, to sign future extensions or amendments for the License Agreement should it be necessary.
********************************
FIRST AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE CITY OF WATSONVILLE AND
LAND TRUST OF SANTA CRUZ COUNTY
THIS FIRST AMENDMENT TO AGREEMENT for a nonexclusive license to allow the City to utilize the a portion of the Watsonville Slough Farms for a temporary construction staging area is entered into by and between the City of Watsonville ("City") and Land Trust of Santa Cruz County (“Land Trust”) this __________________________. The City and Land Trust agree as follows:
RECITALS
WHEREAS, on June 25, 2024, the City Council adopted resolution 118-24 to approve the License Agreement between the City and Land Trust for the, Lee Road Trail Phase 1 project;
WHEREAS, the City and Land Trust executed a License Agreement on the 23rd day of July of 2024 to provide the City access to Land Trust owned property for a temporary construction staging area for the City of Watsonville, Lee Road Trail Phase 1 project;
WHEREAS, the Lee Road Trail phase 1 project has been delayed by one year and a half due to regulatory permit approvals; and
WHEREAS, the Land Trust is scheduled to begin a parking lot project within the footprint of the temporary construction easement in Summer 2026 and will require reducing the size of the temporary construction staging area; and WHEREAS, the amendment of the License Agreement is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Land Trust agree that the Agreement shall be amended as follows:
The last sentence of Section B is hereby amended to read:
"Phase 1 of this project is anticipated to be built in 2026, and will extend from Harkins Slough Road along Lee Road to the entrance of the Watsonville Slough Farms at 275 Lee Road”
The last sentence of Section C is hereby amended to read:
"This area is comprised of approximately 0.7 acres (approximately 31,000 square feet), and is shown as the “Temporary Construction Staging Area”, on Exhibit B.
The last sentence of Section 1 is hereby amended to read:
"The term of this Agreement is for the actual duration of the trail construction period which is anticipated to commence in Spring of 2026 and end before December 31, 2026.
Exhibit B, Temporary Construction Staging Area shall be removed and replaced with “Exhibit B (Amendment No. 1)”:
All other terms and conditions of the Contract dated July 23, 2024, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.
CITY OF WATSONVILLE LAND TRUST
By___________________________ By____________________10/24/2025 Tamara Vides, City Manager Bryan Largay
Title: Conservation Director
ATTEST:
By___________________________
Irwin I. Ortiz Flores, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha W. Zutler, City Attorney
EXHIBIT “B” (Amendment No. 1)
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: ADMINISTRATIVE ANALYST AGUADO
RECOMMENDED BY: AIRPORT DIRECTOR WILLIAMS
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTION APPROVING FIRST AMENDMENT TO COMMUNICATIONS
SITE LEASE AGREEMENT WITH T-MOBILE WEST LLC, A DELWARE
LIMITED LIABILITY COMPANY, SUCCESSOR -IN-INTEREST TO PACIFIC
BELL MOBILE SERVICES, A CALIFORNIA CORPORATION
RECOMMENDATION:
Staff recommends that the City Council approve a first amendment to the Communications Lease Agreement with T-Mobile West LLC. to include four successive five year terms, of cellular antenna space on the Municipal Airport’s rotating beacon tower at 100 Aviation Way.
BACKGROUND:
T-Mobile West LLC. is an American wireless network operator headquartered in Bellevue, Washington. TMobile is the second largest wireless carrier in the United States, with 140 million subscribers as of September 30, 2025.
Since June 1996 T-Mobile, and as a result of acquisitions, reorganizations and general industry consolidations, has leased cell tower antennae space on the Airport’s Beacon Tower. The current lease agreement ends May 1, 2026.
DISCUSSION:
In April 2025, T-Mobile requested the Rotating Beacon Tower lease be renewed under similar terms. Over the subsequent months the Municipal Airport negotiated terms resulting in an additional four successive five year terms. The first five year term will start upon execution of the current lease on May 1, 2026.
2 It is common practice for Carriers to lease tower space (or other structures like rooftops) for broadcasting the Carrier’s cellular transmission at Airports. This usually consists of antennas being mounted at tower heights of 60ft to 180ft on an existing tower.
It is common for the Carriers to compensate airports by a fixed cost per antenna (most common) and/or the amount of real estate being occupied.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
N/A
STRATEGIC PLAN:
Infrastructure & Environment
FINANCIAL IMPACT:
Approving the First Amendment would provide annual revenue of $13,792.20 to the Airport Enterprise Fund.
ALTERNATIVE ACTION:
Alternatives include not approving the First Amendment.
ATTACHMENTS AND/OR REFERENCES (IF ANY):
1. Communications Site Lease Agreement 1996
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated as of January 5th., 1996, is between Pacific Bell Mobile Services, a California corporation ("Lessee") whose address is 4410 Rosewood Drive, Building l, 4th Floor, Pleasanton, California 94588, and the City of Watsonville, a municipal corporation ("Lessor") whose address is P.O. Box 50000, Watsonville, California, 95077-5000.
The parties hereto agree as follows:
t. Premises. Lessor owns the real property legally described in Exhibit "A,. commonly known as 100 Aviation Way, Watsonville Municipal Airport (Assessor's Parcel Number 015-221-0 I). Subject to the following tenns and conditions, Lessor leases to Lessee that portion of Lessor's property ("Lessor's Property") depicted in Exhibit "B", including any applicable easements for access and utilities (the "Premises"). '-
2. Use. The Premises may be used by Lessee for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities. Lessor agrees, at no expense to Lessor, to cooperate with Lessee, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises.
3. Conditions Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all governmental permits and approvals enabling Lessee, or its assigns, to construct and operate mobile/wireless communications facilities on the Premises.
4. Term. The term of this Lease ("Term") shall be five (5) years commencing with the issuance of a local building pennit allowing Lessee to construct its mobile/wireless communications facilities on the Premises, or December 31, 1996, whichever is earlier ("Commencement Date"). Lessee shall have the right to extend the Tenn of this Lease for five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease at least thirty (30) days prior to the expiration of the first five year Term or any Renewal Term.
(a) Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of Five Hundred Dollars ($500.00) ("Rent") per month. Rent shall be payable on the I st day of each month, in advance, to Lessor's address specified in Paragraph 18, Miscellaneous. If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month of this Lease, or if this Lease is terminated before the expiration of any month for which Rent should have been paid. (b) Rent shall be adjusted annually on January I of each year of the lease following the Commencement Date to the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = I 00) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San Jose Metropolitan area (hereinafter "CPI"). The rental adjustment shall be calculated by multiplying the Rent then in effect by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen full months prior to the January I adjustment date, and the numerator of which is the CPI in effect two full months prior to the January I adjustment date.
Notwithstanding the foregoing, downward changes in the CPI shall not result in a decrease in the Rent.
6. Improvements; Access.
(a) Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease and prior to the Commencement Date, to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities.
During any Tests or pre-construction work, Lessee will have insurance as set forth in Section 13. Insurance. Lessee will notify Lessor of any proposed Tests or pre-construction work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor within ninety (90) days of the date this Lease is fully executed. which notice will tenninate this Lease ..
Page I of5
CommSite
Sf-714-01, Pinto L&l<c
Attachment 1
(b) Lessee has the right to construct, maintain and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment. batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("Lessee's Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers.
All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee.
All of Lessee's Facilities shall remain the property of Lessee and are not fixtures. (c} Lessor shall provide access to Lessee, Lessee's employees, agents, contractors and subcontractors to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises. Lessee's exercise of such rights shall not cause undue inconvenience to Lessor.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow access. Lessor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways. If Lessee causes any such damage, it shall promptly repair same. (e) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Subject to Lessor's approval of the location, which approval shall not be unreasonably withheld, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute license agreement(s) that shall be irrevocable with the Lease evidencing this right. Lessor shall allow Lessee to have sub-metering equipment installed on Lessor's existing utility service(s) at Lessee's cost. (f) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities.
(g) Lessee shall remove all Lessee Facilities at its sole expense on the cancellation, expiration or early termination of the Term or any Renewal Term. Lessee shall repair any damage to the Premises caused by such removal and shall return the Premises to the condition which existed on the Commencement Date, reasonable wear and tear and damages beyond the control or without the fault or neglect of Lessee excepted.
7. Interference wjth Communications. Lessee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on Lessor's Property on the Commencement Date ("Pre-existing Communications"), and Lessee's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC") and all applicable rules of the Federal Aviation Administration (FAA). Lessor shall not permit the use of any portion of Lessor's Property in a way which interferes with the communications operations of Lessee described in Paragraph 2, above. Such interference with Lessee's communications operations shall be deemed a material breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore, Lessee shall have the right to bring action to enjoin such interference or to terminate the Lease immediately upon notice to Lessor. Notwithstanding the foregoing, Pre-existing Communications operating in the same manner as on the Commencement Date shall not be deemed interference. Notwithstanding the foregoing, if the use of wireless, cellular or radio equipment or radio frequencies by Lessor's other tenants, licensees or occupants renders the Premises unsuitable for Lessee's operations in the reasonable opinion of Lessee ("Impediment"), and Lessor is unable to remedy the Impediment with good faith reasonable efforts within two business day after written notice from Lessee setting forth a description of the Impediment; then Lessee shall have the option to terminate this Lease in accordance with Paragraph 9(v). Should this Lease be so terminated, Lessor shall have no liability for damages as a result of the Impediment so long as the Impediment was not caused nor contributed to by Lessor, and Lessor made a good faith reasonable effort to remedy the Impediment.
8. Tug£. Lessee shall pay personal property taxes assessed against Lessee's Facilities and Lessor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises and this Lease. . This lease may be deemed to have created a possessory interest on Lessee's behalf in the Premises, subject to property taxes pursuant to Cal. Rev. & Tax Code Section 107.6. In such event, Lessee shall pay any possessory interest tax levied on Lessee's Premises.
9. Termination. This Lease may be terminated without further liability on thirty (30) days prior written . notice as follows: (i) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of termination to Lessor prior to the Commencement Date; (iii) by Lessee if it does not obtain or
C()mmSite
Sf-734-01, Pinto Lake
Attachment 1
maintain, licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities; or (iv) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference.
10. Relocation. Subject to the other provisions of this Lease, in the event Lessor desires to redevelop, modify, remodel or in any way alter its property and any improvements thereon ("Redevelopment"), Lessor shall in good faith use il best effort to fully accommodate Lessee's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Premises or Lessee's Facilities, and/or any alterations to Lessee's Facilities, subject to Lessee's prior written consent which consent will not be unreasonably withheld, Lessee shall relocate or make the necessary alterations, at Lessee's sole cost, expense and risk; provided however, that Lessor has provided Lessee with no less than six months prior written notice of Lessor's proposed Redevelopment.. Lessor shall only be entitled to relocate Lessee's Facilities as set forth above'following the expiration of the originat,rm h( ) f \\
11. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged so as in Lessee's judgment, to hinder its effective use of Lessor's Property, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying Lessor no more than 30 days following the date of damage or destruction. In such event, all rights and obligations of the parties which do not survive the termination of this Lease shall cease as of the date of the damage or destruction.
12. Condemnation. Ifa condemning authority takes all of Lessor's Property, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation (which for Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the lease and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority.
13. Insurance.
(a) Lessee shall maintain the following insurance: (I) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of$1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence.
Each party to this Lease shall each maintain standard form property insurance ("All Risk" coverage) equal to at least 90% of the replacement cost covering their respective propeny. Each party waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance and each party shall require such insurance policies to contain a waiver of recovery against the other. Lessee shall name Lessor: City of Watsonville, its officers, officials, directors, employees and agents as an additional insured with respect to the above Commercial General Liability insurance. Lessee shall have the right to selfinsure with respect to any of the above insurance. (b) Lessee's Indemnity. Lessee shall indemnify, defend, and hold Lessor: City of Watsonville, its officers, officials, directors, employees and agents, its, successors and assigns harmless from and against any and all loss, cost, claim, liability, action, damage, injury to or death of any person (including reasonable attorneys' fees) ("Claims"), occurring on the Premises and arising out of or connected with the negligence or willful misconduct of Lessee, its agents or contractors, except for Claims arising out of (i) the negligence or willful misconduct of Lessor, its agents or contractors, (ii) violation of law by Lessor, its agents or contractors, (iii) breach of any duty or obligation by Lessor under this Leas e, or (iv) any condition relating to the Premises which Lessee has no obligation to repair or maintain. (c) Lessor's Indemnity. Lessor shall indemnify, defend, and hold Lessee, its employees, successors and assigns harmless from and against any and all loss, cost, claim, liability, action, damage, injury to or death of any person (including reasonable attorneys' fees) ("Claims"), arising out of or connected with the (i) negligence or willful misconduct of Lessor, its agents or contractors, (ii) violation of law by Lessor, its agents or contractors, (iii) breach of any duty or obligation by Lessor under this Lease, or (iv)any condition relating to the Premises which Lessee has no obligation to repair or maintain. except for Claims occurring on the Premises and arising out of or connected with the negligence or willful misconduct of Lessee, its agents or contractors."
(d)
this Lease.
CommSit,:
Sf-734-01. p;n10 lake
Survival. The foregoing indemnity in (b) and (c) will survive the termination, cancellation or expiration of
Attachment 1
14. Assi2nment. Lessee may assign this Lease at any time to any of Lessee's affiliates. Any other assignment requires Lessor's prior written approval which approval shall not be unreasonably withheld
15. Title and Quiet Enjoyment.
(a) Lessor warrants that it has full right, power, and authority to execute this Lease; Lessor funher warrants that Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any Renewal Term. (b) Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor. '-
16. - Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors.
17. Environmental. Lessor represents that the Premises have not been used for the generation, storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the Premises. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease. Lessee shall not bring any hazardous materials onto the Premises except for those contained in its back-up power batteries (lead-acid batteries) and common materials used in telecommunications operations, e.g. cleaning solvents. Lessee will treat all hazardous materials brought onto the Premises by it in accordance with all Federal, State and Local laws and regulations
18. Miscellaneous.
(a) If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (b) This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(c) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight mail to the address of the respective parties set forth below:
Lessor: City of Watsonville, a municipal corporation, P.O. Box 50000, Watsonville, California, 95077-5000 Lessee: Pacific Bell Mobile Services, a California corporation 4410 Rosewood Drive, Building I, 4th Floor, Pleasanton, California 94588
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. (d) This Lease shall be governed under the laws of the State of California. (e) The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. (f) Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive.
(g) This Lease constitutes the entire Lease and understanding between the parties, and supersedes all offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties.
CommSi1e
Sf-7J --OI. PinlO Lake
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written.
ATTEST WITNESS
By:
Title: I 7 'I 172/-1 NA6 l/2...
TAX ID#: q4-&ooo '/fil
Date: _ __..._}--2_-Cf--+----"- b __
@l\!'l 3/t/r&
Read and Approved as to Form and Content By:_---=D7"-"---+--',.....----t- ----City Attorney
ATTEST WITNESS
CommSite
Sf-734--01. Pin10 lot•
LESSEE: Pacific Bell Mobile Services
By: -.--\
Title: ..-.. -r:----r---
Date: '1i/£
'-
Attachment 1
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Lessor's property of which Premises are a part is legally described as follows:
VOL 5 277PAG( 176
F.XIIUHT "A"
n,. ww:t rwf-.d lo In IN• leport It ll1u.ate<I In "'4 Counry o1 ot CMIIOfflla. and 11 u loO-:
Acea •A•
ATUClltD T1l DUO OP
TKUST DATED )/19/93
WATSONVlLL! AliPORT
Cl'Jn'D
'
lltuate ln tbe City ot Wataoa¥1lle, COIUlty ot Suta Ccuz, State ot Calltorn1a.
C-ncln9 et tba IIOrtn•a•t•rlt corner oC Ar•• •c• gn tb• W••t••lt ll•• oC A•latlOA Vay, •• ••Id corn•r ud war •r• deaccl.,.., la tllat certain .. .,,AQdua ot leaae 4ate4 rabruary ll, 1985 betv•&D tb• Cltf of Wat-•llle &Ad WeteOG¥llla Airport Caotar, Ioa., r.cord•d rabrua,, JI, ltlS In Boo- )IOI at ••v•• >80 to JI$, saata ccu1 ColilltJ aecor4a.
baGCe N 57° >I' Jo• w, along tb• Noctberly llae of 1ald Acaa •c•, I.JO te•t to h• lcu• polat ot laaln r
tbaoc• contlnuln9 aloQ9 tba llortherly lln• ot ••14 Ar•• ·c•. • s1• JI' JO• v.
Sf.fl tHtl
tbanc• leavln9 aald llo• I Jl" ll' JO• v, 110.00 taet1
tbae>ea NJ,• ll' JO• B, 60.11 teet to a line parallel wltb ..,4 41at._.,t 1.00 teet WaataclJ, -••ured •t rl9bt aa9l•• tro. the w.atarlJ line of A•tatioa War, thane• W 1• 57' oo• w, al009 ••ld pacallel llaa, Jl.02 t••t to tbe be9luln9 ot a t aol CYCYe to tba rlpt1
tbeooe lloctbaclr •loo,i 1ald cun• •la9 a cadl1ae ot Joe.oo teat,• central an9l• ot 11• ,,, 6J• eod u are lao9tb ot 101.75 ta■t to •tb• true polat ot ti.calulo; ...
attuate lo tbe Cltr of ••t-•111■, c:o.&Atr of 11&.ota c, . stet• ot•c.11torola.
C-00109 at tbe 'lortbauterly coro■r of M•• •c• 04 th• YeaterlJ •ldallo• or Awlatioa War, •• uld coraer 11t1d var art delCtibtd la tbat c■rtala N.orud"9 or 1 •••• d• •d r•b r, ll, 1915 l>etw••o tb• Cltr of Vat•-•lll• &114 Vat■onwlll• Airport Ceot•r, toe:., cac:ord•d rebru■rJ II, 1,rs ui IOok lfOI at Pa9e1 JIO to >15, Santa Crus Co<ulty Racorde.
tb•oca fcoa ■ald polot of nc■Nnt ■10119 tb■ IIOrtb•rly lin• of aald A.I:•• •c•, • §1• 11• 10• w, 1,.11 reet to tba true polAt ot 9lna.ln9, tb•-• lroa ••14 tcu• point ot l>e9l6Aln9 alOA9 tbe Nottbetl1 llae of o•I At•• •c• and th• Wa1taclr pcoloo9•tlon th■ca-ot • S7• 38' 10• v, 130.00 f•at1 Exhibit A - Legal Dc:scr\puon of l'rupeny
SF-734-01, Pinto Lake
Page I of 5
Attachment 1
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
VOL 5277PAGE 177
tXl!tlllT "A"
tb•oc• l•••lo9 aold llae I Ja• 21' 10• v, 20).l' teet1
ATTACIW) TO DUD or
TRUST DAT!l> )/lt/93
VATSONVlLL8 AllP<>IT
C tl\
tbenc• )l• 21' JO• I, 201,l' teet to tb• tcue polnt at be9lanlo9, •• 8ltuat• lo tb• C1tr ot Wat■on•llle, C:O..Otr o( a&ato erua, Stat• of C:..llto,ala. c-oclnq at tb• llortbeeat•rlr cornec ot Ar•• •c• oo tb■ w.1te1lr ol.S.llae ot Aviation Woy,•• ••Id ooraec ood var oco ct.acrlbed la tbet coctlla Maoca.Qdua ot le••· dated rebru••r ll, ltlS between tbe Cltr of V•t-Yllle &ad ••t•oa•lll• Alrport C•at••• Inc., ,oco,ded rebruo,y 11, 1,1s la IIOO JIOI at••••• JIO to 11s, a.ate c,ua <:ouatr aecorda.
Tbeac• troa oald point ot c-•nc•••nt aloa9 tbe IIOrtb•rlr lio• ot oalt. Ac•• •e• ""d lte V••t•cly pcolo09otloa 57• 11' 10• ■, Jll.ll f••t1 tbenc• l•ovlo9 aald llo• I J2• 21• JO••• lOl,lf teat to tM tcv• polat oC be9lnnla91
tb•nc• t,.,,. ••14 t u• polot of 1>e91-109 • J2" 21• JO••• 110.ao toet1 tbeace s s1• 11· 10• •• 11s.oo C••t1
tbeoce R 12• 21· Jo•&, 120.00 Ceet1
tbeoc• M 57° 31' 30" v, 1%5.00 teat to tbe tc • polot or b99lG.11lQ9 ...
Ar•• •o·
lltiaot• ta tbe Cltr ot Wateoawllle, Co1ultJ ot S&Ata Crua, Stat• of C.11Cocnla. oclo at tbe o ctbeaeteclr coraer ot Ar•• •c• oo tlM lfe•t•rlr e1de11a• ot Awletloa Wat, •• ... u1 coroer UMI war ace doacdbed I.ii tbat eertelo _,IAd>aa of L•••e dot-4 rebcuarr ll, 1,1s between tbe CltJ of Wat■oawill• aQd Vataacv1ll• Alrpoct Ceatec, loo., recorded rebcuacr 2,, 191 lo IOOk 3801 at ••1•• JIO to JBS, S&ota Cr¥& <:ouatr ••-cdo.
Tb•o • CEO. ••id pglq ot C:0-.QC•••nt •1009 tbe llo tb•clr liA• of ••1d Ar•• •c· ao4 It• •••t•rly prol009atloo • 57• JI' 30• w, 111.1> reets tbeae■ 1•••109 aald line I )2° ll' lo• w, ·12J,lf Ce•t to tb• tru• polat oC IM91AAUl9I
tbeoe• tr011 ••1d tcu1 palnt ot be9l1111109 s 12• 21' 10• w, 122.00 C11t1 tbeac• a,,. 31' JO••• 12s.oo feet,
Exhibh A -Legal Oescciption or Propc,ty
SF-734-01. Pinto Lake
-2-
I
Attachment 1
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR ·s PROPERTY
VOl. 5277mE 178
EXHI&IT "A"
Acea "&"
ATIAC!ll.D TO ORV or
TltUST DAT!l> 5/19/93
VATSOIIVILL! Alltl'OKT
Cl':NT!.11.
litu••• 1Q tb• C1tr of Vat•on•lll•, Cou.Dtf ot 1ant& c:uz, state oC callfocal•. c-iic::la9 at tbe loutheeeterly co,cer ot Ar••••• oo th• Ve■teclr lllle of Avletloe W•f• •• eald cora•c Uld w•r ••• d•■cclt..d le tl>at cectala _,aa41111 of l•••• dated rabcuacy ll, 1,1 b4twa•n tbe Cltf of Wat•onvlll• &114 'll&teoovllle Alrport ce.otar, Iac., ••corded r1bru1rr 21, 1,1, In 9o0k 3808 at ••9•• JIG to )15, laata Ccu Cowlty Record&,
Tbane• tc- aald polat of c-ew:a-.at 1lOQ9 tbe Veat1cly llA• of A•lat1- Way V 1• ,1• oo• •• 146.a, feet,
tbeac• 1•••1119 ••Id ·••t•cly llDI a 57• )I' lO •• ,.,t feet to ta. t••· polat of be9l11Al4t1
tbeaoe • 57• JI' Jo• w, 16t.t1 teat,
tbeac• I J2 ° i1• JO" w, 190.00 fe•t1
tbe.o • !H0 JI' JO" 8, Uf, H h.t to I U.oe pae&llll wltb and 41at-t I. 00 feat Waatacly -••vred at ,l9bt a.o9lee frOIO tb• WeeteclJ lla• ot Awlatloa W&fl tbeac• W l" 57' oo• V, 1loa9 eald parallel llce, 3JO.Ol fe■t to tba tc,.. polat of be9iGAlD<J•,,
altuat• 1.o. th• City of VatM>n•llle, Couotr of S&.ota Cruc, State of C&llfoc111a, Klll9 •t tb• 9olitbea•t•rlJ eoni,r ot Ar•• •a• oo tb• Weat•rlr 1lDe of Avlatloa lfar, •• .. 14 oorD&c &Ad war ace d .. crlbed IA tllat cectal11 N &Adllll ot l•••• ut_. Webc ... ry ll, 1,,, t..•v-n tb• City of V•toonvlll• aA4 V•t-Yl11• Alrp0ct Ceater, Ioc., recorded February 29, ltlS ID Book 1108 at Pave• JIO ta )15, saata C:CYa Cowaty a,eorde.
TIMAC• fr- ••ld point of --ne•-ot al0,Q9 tb• V••••clr llD& of A•latiOA lfer, • 1• 57' oo• . 1,,.21 teet1
tballC• • 57• JI' lo• w, 9.lt feet to tbe tcu• point ot be91AA11>91 tbenc• l•••la9 ••Id true point ot be9lanln9 • S7• 31' JO• V, 1,t.11 teet1 £.,i;hiblt A - l gal Description o( Property
SF-714-01, Pinto like
-)-
Attachment 1
EXHlBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
YOl. 5277PA6( 179 ATTACHED TO Otl.Il OF
TRUST DATW /19/93
!JUIIBIT ''A" ATSONVILL! AIRPORT
C E'R
tbeAC• • ll• ll' JO• v, U0.00 t .. t,
u, ... c •• 57• u· JO• If. ,1.00 t .. t,
tb•DC• • 12• 21' Jo• •• 20,00 tHtl
U••-• • S7• JI' 10· II, ,.oo t .. t.,
tbeoc:• • u• n· 10• •• lOJ.1' f•et1
tbeoc;;a • ,, . ll' JO" •• U.00 C.•tl
theoct I 32• u· Jo• •• 110.00 fHtl
tbenc• • s1• ll' 10• •• uo.oo feet,
tbeaoe W 12° 21' JO•.a, ,o.11 te•t to a lloa pa<allel vltb u,d 4lat&At 1.00 faat •••teclr, -••uce4 at cl9bt MMJl•• toe• tb• •••t•cly lioe ot AvlatloA war1 tbeoc• •10G9 ••14 pa<all•l !1ne S 1• 57' oa• I, 164.15 raet to b• tru• polAt of be9lAOit19 •..
11lu&te la lb• Cltr ot .. ,eoaYllle, Co\Mltf of a.Ata Crua, State of 11rocn1a. c--1,.. et tbe 8outbeaat•tlt C:OCMt ot A.r:•• ••• an lb• hlterly 11 ... ot AYl■tloca ••r, •• •a1d c:onaar IA4 vay art de1cclbed la tll.at cectata NaoraAd ... ot l••·· 4ate4 rebc1>acr ll, 1,1s between th• Clty ot Vatacnwtll• and VataODTlll• Alcpoct Ceatec, lac., recotdff FabruacJ ll, lflS la IOOt JIOI It Pav•• )10 to llS, Sante C ua CouAt
ni.nce t,_ Mid polot ot AC-nt aloa9 tb• Wa•teclr llo• of AviatlOA Vay, I l" S7' O?• 1, IS,71 ffftl
tbaoc• leaY1AQ ••14 V••teclr lla. I 57• 11' lO• W, 501,25 f••t to tho tru• l?'OlDt oC N',llAA1D91
tllaDoe I 57 ° ll' 10• B, S0,00 f•et,
tbeace I 12 ° 21' Jo• W, 4tj.JI taet to tb• tcue l?'OiDt ot be91.D.D1aq ...
E:<h1blt A • Le�31 �ip1ion of Property
Sf-7J4-0I, P1n10 Lake
Attachment 1
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
VOL 5277PAGE 180
txlllBlT ''A"
ATTACHED to DUD OF
TllUST DATt'D /19/9)
WATSONVILLE AiltPOKT
Cr.xttll
•Jtuat• la tbe Cltr ot llat-•llle, C-tJ ot tanta ccu , llat• of C.lltomla. lot at ll•• -tllM•tH'lJ c:vcuar of k•• ••• OA tu 11eoar1r U,a■ ot A•latl- Var,•• ••ld oon..c &IMS ••J ace cSeecclbed ia tb.at cert.ala _,&Ddwl ot l••·· cS.ted '•bruarr ll, 1,,, Nt ••a tb• Clty of ll•t-•111• ....S ••t-•lll• Airport Cuter, IIICI., tecocdad F•bnaerr 21, ltlS la loOk JI0I It Pa9e1 JIO to' JIS, kill• Croa C-tr a.Gor4e.
Tbsoo• froa ••14 polot of -•ot &1009 tb• Ve•t•rlr lln• of AYlatlOA •• ,. • 1• S7' oo• a, IS.7l tHtr
thaoo. Ill• ll' JO" •• 140.JI te•t to tlMI true polat ot be9lADl119, •• Exhibi.1 A • Legal OescripttOn of Propeny
SF-7J4•01. Pinto Lake
-5-
Attachment 1
EXHIBIT B
DESCRIPTION OF PREMISES
The location of the Premises within the Lessor's property together with access, ingress, egress, easements and utilities are more particularly described or depicted as follows:
] ___
+140.10
A final drawing or copy of a property survey depicting the above will replace this Exhibit "B" when initialed by Lessor.
:
I. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee.
2. Setback of the Premises from the Lessor's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only.
Actual types, numbers, mounting positions may vary from what is shown above.
Exhibit B • Description of Ptemiscs
Sf .7)4-01. Pinro Lake
Page I of 2
Attachment 1
EXIST RED Llf.H I (\
TOP or AN TENN A
EXHIBIT B
DESCRIPTION OF PREMISES
/EXIST. LIGHTNING ROO
ELEV 194 7 s
POSED ANTENNA,
rt?t=.!tnr=== ;,,,,..
PRoPOSEO CONDUIT
PROPOSED BTS
UNITS ON 6-
CONC PAO
Exhibit B • Descrip1ion or Premises
Sf-73<-01. p;n,o Lake
EXISTING PLA TFORt.4
WITH GUARD RAILS
/ EXISTING LADDER
'
Attachment 1
Reso No. (CM)
Meeting Date: 120225 SWZ ______ TV ______ Airport ______ 1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADOPTING A FIRST AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT WITH T-MOBILE USA,
INC., FOR CELLULAR ANTENNA SPACE ON THE MUNICIPAL AIRPORT
ROTATING BEACON TOWER AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE SAME AND ANY AMENDMENTS
THERETO OF A NON-SUBSTANTIVE NATURE SUBJECT TO LEGAL
APPROVAL
WHEREAS, T-Mobile USA, Inc. is a national wireless carrier that has leased antenna space on the Municipal Airport’s rotating beacon tower at 100 Aviation Way since 1996; and
WHEREAS, the current lease with T-Mobile expires on May 1, 2026; and WHEREAS, staff has negotiated an amendment to the current lease (“Amendment”), that includes four successive five-year terms, following the final lease end date of May 1, 2026, and otherwise on the same terms and conditions as set forth in the original lease; and
WHEREAS, leasing antenna space on existing Airport structures is a common industry practice that supports wireless communications while generating nonaeronautical revenue; and WHEREAS, the proposed lease amendment will provide annual revenue of $13,792.20 to the Airport Enterprise Fund and is consistent with the City’s Strategic Plan goals related to maintaining and improving infrastructure; and WHEREAS, staff recommends approval of the negotiated lease amendment to support stable long-term revenue for the Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. (CM)
Meeting Date: 120225
2 1. That the First Amendment to Communications Site Lease Agreement between the City of Watsonville and T-Mobile USA, Inc., for cellular antenna space on the Municipal Airport’s rotating beacon tower at 100 Aviation Way, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
2. That the City Manager be and is hereby authorized and directed to execute said Amendment for each of the successive terms authorized in the Amendment, and any amendments thereto of a non-substantive nature subject to legal approval on behalf of the City of Watsonville.
**************************************
T-Mobile Site No: SF05734A
Market: San Francisco
1 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (“Amendment”) is made and entered into as of the date of execution by the last party to sign (the “Effective Date”), by and between City of Watsonville, a municipal corporation ("Lessor"), and T-Mobile West LLC, a Delaware limited liability company, successor-in-interest to Pacific Bell Mobile Services, a California corporation ("Lessee") (Collectively the “Parties”). The Parties hereto recite, declare, and agree as follows:
Recitals
A. Lessor and Lessee entered a Communications Site Lease Agreement, dated January 5, 1996 (“Lease”) for the Leased premises (as more fully described in the Lease, the “Premises”) located at 100 Aviation Way, Watsonville Municipal Airport, CA (the “Property”).
B. Parties desire to enter this Amendment to modify and amend certain provisions of the Lease.
THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Parties agree as follows:
1. Renewal Term: Current term will expire at midnight on May 1, 2026 (the “Current Term”). Lessee shall have the right to extend this Lease for additional four (4) successive five (5) year terms (each, a “Renewal Term”) following the final Lease end date of May 1, 2026, and on the same terms and conditions as set forth in the Lease except as amended. The Lease shall automatically renew for each successive Renewal Term unless Lessee notifies Lessor, in writing, of Lessee's intention not to renew the Lease at least thirty (30) days prior to the expiration of the immediately preceding Current Term or Renewal Term. If Lessee shall remain in possession of the Premises at the expiration of this Lease without a written agreement, such tenancy shall be deemed a month-tomonth tenancy under the same terms and conditions of the Lease, as amended.
2. Payment Due. The parties hereby agree that, as of the date of this Amendment, there are no payment obligations of Lessee under the Lease, including but not limited to the payment of Rent, or other costs or fees, that are overdue; and that any future charges payable under the Lease by Lessee shall be billed by Lessor to Lessee within twelve (12) months from the date the charges were incurred or due; otherwise the charges shall be deemed time-barred, waived and released by Lessor. Additionally, if it is determined by Lessee that Lessee overpaid Lessor for any charges due under the Lease, Lessee is permitted, upon written notice to Lessor, to deduct any such overpayment from Rent amounts due under this Lease.
3. Parties’ Notice Address. Lessor’s and Lessee’s notice addresses in the Lease are deleted in their entirety and replaced with the following:
If to Lessor:
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
Atten: Airport Leasehold Administrator
If to Lessee:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn.: Lease Compliance
Site No. SF05734A
TMO Signatory Level: L06
NLG-121573
Docusign Envelope ID: 7D134E40-7429-485A-8690-048A37074BF4
T-Mobile Site No: SF05734A
Market: San Francisco
2 4. Lessor Obligations. Notwithstanding anything to the contrary contained in the Lease, Lessor shall be responsible, at its sole cost and expense, for maintaining all portions of the Property in good order and condition and in compliance with all applicable laws, including without limitation, the roof, any support structure owned by Lessor, HVAC, plumbing, elevators, landscaping, and common areas.
5. Terms; Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meaning as such terms are given in the Lease.
Except as specifically set forth herein, this Amendment shall in no way modify, alter, or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this Amendment will govern and control.
6. Approvals. Lessor represents and warrants to Lessee that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third-party consent or approval is required, Lessor has obtained all such consents or approvals.
7. Authorization. The people who have executed this Amendment represent and warrant that they are duly authorized to execute this Amendment in their individual or representative capacity as indicated.
8. Signatures. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed electronic copies of this Amendment shall legally bind the parties to the same extent as original documents.
9. This Amendment will be binding on and inure to the benefit of the Parties, their heirs, executors, administrators, successors-in-interest, and assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the Effective Date.
Lessor:
City of Watsonville, a municipal corporation
Lessee:
T-Mobile West LLC,
a Delaware limited liability company
By: By:
Name: Name:
Title: Title:
Date: Date:
TMO Signatory Level: L06
NLG-121573
Docusign Envelope ID: 7D134E40-7429-485A-8690-048A37074BF4 11/18/2025
Director
Geri Roper
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, December 2, 2025
TO: CITY COUNCIL
WRITTEN BY: PROJECT MANAGER HERRERA
RECOMMENDED BY: CITY MANAGER VIDES
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTION AWARDING CONTRACT TO MNS ENGINEERS, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE LEE ROAD TRAIL - PHASE 1, CITY PROJECT NO. CT-24-14860, FEDERAL PROJECT NO. 5031(040), IN THE AMOUNT OF $425,066
RECOMMENDATION:
Adopt a resolution approving the award of the contract to MNS Engineers, Inc. for the construction management services for the Lee Road Trail– Phase 1, City Project No. CT-24-14860, Federal Project No. 5031(040), in the amount of $425,066.
BACKGROUND:
The City Council approved plans and specifications and call for bids on August 26, 2025, for the Lee Road Trail phase 1 project and received five bids on October 16 ,2025. The city recommends awarding the project to the lowest bidder, MNS Engineers, Inc. with construction to begin in the Spring 2026.
The City does not have sufficient in-house staff to perform the residential engineering duties and inspection oversight that is required of a federally funded project and thus needs the assistance of a construction management firm to perform these duties. Furthermore, due to the cultural and biological sensitivity of the project site, an approved Archeologist and Biologist will be required as part of the construction management scope of work along with a geotechnical engineering firm to oversee and provide soil testing during construction.
The City currently has an On-Call Qualified list of construction management firms available for the City to utilize. In June 2024, the Public Works & Utilities (PW) Department publicly advertised a Request for Qualification Statements from Consulting Engineering Firms for On-Call Professional Services including
2 Staff Augmentation, Design, Construction Management and Inspection. Statements of Qualifications were received on July 11, 2024, at which time a total of 24 were received. The selection committee determined that 22 of those firms were qualified to provide on-call services for the variety of on-call services requested.
From the qualified On-Call List, MNS Engineers, Inc. was selected as the most suitable and available consultant to provide residential engineering and inspection services specifically on the Lee Road Trail Phase 1 project due to their expertise in these types of projects.
DISCUSSION:
The Lee Road Trail Phase 1 project includes the widening of Harkins Slough Road with striping, signing and installation of a bike lane and new sidewalk. Additionally, the project includes the installation of 2,000 linear feet of pedestrian and bicycle trail on cultural and biological sensitive land that is owned by the California Department of Fish and Wildlife.
This project has over five regulatory permits that require careful consideration for methods of construction. The administration portion of the construction phase will require detailed federal document filing to meet the federal laws on construction management and inspection. The Mitigation Measures set forth on this project must be followed and documented and thus a Biologist, Archeologist and Native American Monitor will be on site to oversee biological protection, training construction staff and monitor for any archeological findings during the excavation. Lastly, the Geotechnical Engineer will need to oversee the soils during excavation to ensure the native material under the trail foundation is stable to support the new trail. All these specialized professionals are part of the construction management package.
Below is a summary of the Services that will be provided by MNS:
Construction Management/Permit Implementation $279,560
Geotechnical Testing and Oversight $ 52,102
Biological Monitoring $ 70,620
Archaeological Support $ 7,284
Subtotal $409,566
Contingency $ 15,500
Total $425,066
There are sufficient funds in the CIP account to fund the contract.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
3 On March 12, 2021, the County of Santa Cruz, the lead agency on the Lee Road Trail Project (“Project”), adopted a mitigated negative declaration for the Project. The mitigated negative declaration demonstrates that the Project would not result in any significant and unavoidable environmental effects with the incorporation of mitigation measures. The mitigation measures identified in the adopted Mitigation Monitoring and Reporting Program continue to apply to the Project.
Entering into a contract for construction management and inspection services proposes no changes to the Project that would require additional environmental analysis, because none of the conditions described in CEQA Guidelines Section 15162 for the preparation subsequent CEQA review have been met.
Specifically, no substantial changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects are proposed, and there has been no change in circumstances. There is no new information about the project that could not have been known at the time of the original project approval that indicates any new significant environmental effects or effects that will be substantially more severe, nor are there new mitigation measures that would substantially reduce one or more significant effects on the environment, or mitigation measures previously found to be infeasible that would, in fact, be feasible and would substantially reduce one or more significant effects of the project. Therefore, nothing further is required under CEQA.
In addition, a National Environmental Policy Act (NEPA) document was prepared to ensure compliance with all Federal environmental regulations, per the Grantor’s requirement. Caltrans approved NEPA document on May 8, 2024, and determined that the project is a Categorical Exclusion under 23 CFR 771.117(c); activity (c)(3), which clears NEPA review for the City’s execution of the contract for construction management and inspection services for the Project.
STRATEGIC PLAN:
The project addresses the following Strategic Plan:
Infrastructure & Environment
Public Safety
FINANCIAL IMPACT:
The total cost for the construction management team is $425,066. The project is currently funded with $300,000 in State Prop 68 grant funds (Account No. 0260-905-7837-14860) and $125,066 in Measure D funds (Account No. 0312-972-7837-14860). This project is fully funded, and a contract can be awarded to MNS Engineers, Inc.
ALTERNATIVE ACTION:
No reasonable alternatives are known at this time.
4 ATTACHMENTS AND/OR REFERENCES (IF ANY):
None.
Reso No. (CM)
Meeting Date: 12025 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AWARDING PROFESSIONAL SERVICES CONTRACT
TO MNS ENGINEERS, INC., A CORPORATION, FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE LEE ROAD
TRAIL - PHASE 1, CITY PROJECT NO. CT-24-14860 FEDERAL
PROJECT NO. 5031(040), IN AN AMOUNT NOT TO EXCEED $425,066;
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
WHEREAS, a Request for Qualifications (RFQ) was issued on June, 2024, asking for qualified consultants to assist the City for On-Call Professional Engineering Services
1 All references to section numbers will be to the California Government Code
Reso No. (CM)
Meeting Date: 120225
2 including Staff Augmentation, Desing, Construction Management and Inspection services; and
WHEREAS, the deadline for submittal of Request for Statement of Qualifications was July 11, 2024; and
WHEREAS, a total of 22 firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, the City Manager has recommended that the proposal from MNS Engineers, Inc., in an amount not to exceed $425,066, be accepted as the best response.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. On March 12, 2021, the County of Santa Cruz, the lead agency on the Lee Road Trail Project (“Project”), adopted a mitigated negative declaration for the Project.
The mitigated negative declaration demonstrates that the Project would not result in any significant and unavoidable environmental effects with the incorporation of mitigation measures. The mitigation measures identified in the adopted Mitigation Monitoring and Reporting Program continue to apply to the Project.
Entering into a contract for construction management and inspection services proposes no changes to the Project that would require additional environmental analysis, because none of the conditions described in CEQA Guidelines Section 15162 for the preparation subsequent CEQA review have been met.
Specifically, no substantial changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects are proposed, and there has been no change in circumstances. There is no new information about the project that could not have been known at the time of the original
Reso No. (CM)
Meeting Date: 120225
3 project approval that indicates any new significant environmental effects or effects that will be substantially more severe, nor are there new mitigation measures that would substantially reduce one or more significant effects on the environment, or mitigation measures previously found to be infeasible that would, in fact, be feasible and would substantially reduce one or more significant effects of the project. Therefore, nothing further is required under CEQA.
2. In addition, a National Environmental Policy Act (NEPA) document was prepared to insure compliance with all Federal environmental regulations, per the Grantor’s requirement. Caltrans approved NEPA document on May 8, 2024 and determined that the project is a Categorical Exclusion under 23 CFR 771.117(c); activity (c) (3), which clears NEPA review for the City’s execution of the contract for construction management and inspection services for the Projec
3. The Council awards a contract to MNS Engineers, Inc., for the Construction Management and Inspection Services for the Lee Road Trail - Phase 1 City Project, No.
CT-24-14860, Federal Project No. 5031(040), in an amount not to exceed $425,066.00.
4. That the Contract for Consultant Services between the City of Watsonville and MNS Engineers, Inc., a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
5. Consultant shall file FPPC form 700s and 805s pursuant to section 19 of the Contract.
6. The City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
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Consultant Contract Architects or Engineers w/employees Page 1 of 10
CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND MNS ENGINEERS, INC.
THIS CONTRACT, is made and entered into this ______________________, by and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and MNS Engineers, Inc., hereinafter called "Consultant."
WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services as specified in detail in Exhibit "A," entitled "SCOPE OF SERVICES" which is attached hereto and incorporated herein.
SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from the contract execution date to December 2026, inclusive.
SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit "B," entitled "SCHEDULE OF PERFORMANCE," which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the "SCHEDULE OF PERFORMANCE." SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit "C" entitled "COMPENSATION," which is attached hereto and incorporated herein.
SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit "C," each month, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.
SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant Contract Architects or Engineers w/employees Page 2 of 10 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 $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
Consultant Contract Architects or Engineers w/employees Page 3 of 10 C. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.
D. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.
Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.
E. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.
SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin or disability in connection with or related to the performance of this Contract.
SECTION 11. TERMINATION.
A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.
B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.
C. The City Manager is empowered to terminate this Contract on behalf of City.
D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.
SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local
Consultant Contract Architects or Engineers w/employees Page 4 of 10 governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.
SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Santa Cruz.
SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.
SECTION 15. CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.
SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.
SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the Contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.
SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.
SECTION 19. CONFLICT OF INTEREST.
A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.
B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or
Consultant Contract Architects or Engineers w/employees Page 5 of 10 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
MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
(805) 692-6921
SECTION 22. EXHIBITS:
Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
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Consultant Contract Architects or Engineers w/employees Page 6 of 10 WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.
CITY
CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, City Manager
ATTEST:
BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
BY ______________________________
Samantha W. Zutler, City Attorney
CONSULTANT
MNS ENGINEERS, INC.
BY_________________________________
Jeff Edwards, PE, Vice President
Consultant Contract Architects or Engineers w/employees Page 7 of 10 EXHIBIT "A"
SCOPE OF SERVICES
The scope of services is as follows:
As described in the letter dated October 2, 2025, from Jeff Edwards to Eda Herrera regarding the proposal for Construction Management, Inspection and Environmental Oversight Services for the Lee Road Trail Phase 1 Project.
See attachment labeled EXHIBIT A1- SCOPE OF SERVICES .
Consultant Contract Architects or Engineers w/employees Page 8 of 10 EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:
From the contract execution date to October 31, 2026.
Consultant Contract Architects or Engineers w/employees Page 9 of 10 EXHIBIT “C”
COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed Four hundred-twenty five thousand, sixty-six dollars ($425,066).
MNS Fees (Summary is attached to following page) $409,566 *Contingency for Additional Services not included in Exhibit “A” $ 15,500 TOTAL $425,066
*Consultant to acquire approval from City prior to use of Contingency funds. b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall include payment for reimbursable expenses:
Payment in the form of check will be mailed delivered within Net 45 days from invoice date.
b. 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.
Consultant Contract Architects or Engineers w/employees Page 10 of 10
Lee Road Trail Phase 1 Project
mnsengineers.com
October 2, 2025
Eda Herrera
Project Manager
Public Works & Utilities Department
City of Watsonville
250 Main Street
Watsonville, CA 95076
SUBJECT: Revised Proposal Submission – Construction Management, Inspection, and Environmental Oversight Services
Lee Road Trail Phase 1 Project | CIP CT-24-14860
Dear Ms. Herrera,
MNS Engineers, Inc. appreciates the opportunity to provide this revised proposal to support the City of Watsonville in delivering the Lee Road Trail Phase 1 Project. We understand the unique nature of this effort—including construction within Santa Cruz County’s jurisdiction, sensitive environmental and regulatory coordination, and a fixed seasonal construction window—and we are pleased to present a team prepared to manage these challenges effectively.
Our scope of services addresses the City's request for:
• Full-time construction management and inspection services • DBE and labor compliance support in coordination with the Cummings Group
• Environmental oversight, including a qualified biologist • Geotechnical oversight and coordination
• Support construction phase documentation in compliance with Caltrans’ Local Assistance Procedures Manual
• Coordination and documentation support for RWQCB erosivity waiver and the Winter Preparedness Plan
MNS has assembled a qualified team that includes experienced professionals with deep knowledge of local permitting, environmental constraints, and federally funded trail projects. Our proposed biologist and archaeologist have longstanding experience on the Lee Road Trail corridor and have worked with the City, RWQCB, CDFW, and the County of Santa Cruz on related tasks.
We are confident that our team's comprehensive approach to construction oversight, regulatory coordination, and document control will help the City meet its goals for cost control, schedule certainty, and environmental compliance.
MNS DETAILS
LEGAL NAME
MNS Engineers, Inc.
FIRM OWNERSHIP TYPE
C-Corporation
YEAR FIRM ESTABLISHED
1962
CALIFORNIA DEPARTMENT
OF INDUSTRIAL
RELATIONS
DIR No. 1000003564
CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
LOCAL OFFICE
2025 Gateway Place,
Suite 328
San Jose, CA 95110
PROJECT CONTACT
Robert Newman
Sr Project Manager
(661)510-0111
[email protected]
AUTHORIZED SIGNATURE
Jeff Edwards, PE
Vice President
(805) 331-4848 Cell
[email protected]
EXHIBIT A1- SCOPE OF SERVICES