AGENDA CITY OF WATSONVILLE CITY COUNCIL MEETING by okyestao

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									                                           AGENDA
                                    CITY OF WATSONVILLE
                                    CITY COUNCIL MEETING
                    Motto: "Opportunity Through Diversity; Unity Through Cooperation."




    Mission Statement: "The City of Watsonville is dedicated to improving the economic vitality, safety & living environment for the
culturally rich Watsonville community, by providing leadership for the achievement of community goals & high quality, responsive
public services."


                           Mayor Antonio Rivas , Council Member, District 3
                              Mayor Pro Tempore Luis Alejo, District 2

                      Manuel Quintero Bersamin, Council Member, District 1
                         Kimberly Petersen, Council Member, District 4
                             Greg Caput, Council Member, District 5
                           Emilio Martinez, Council Member, District 6
                          Nancy A. Bilicich, Council Member, District 7

                                       Carlos J. Palacios, City Manager
                                         Alan J. Smith, City Attorney
                                       Beatriz Vázquez Flores, City Clerk

                                       CIVIC PLAZA COUNCIL CHAMBERS
                                                  th       TH
                                275 MAIN STREET, 4 FLOOR, 6 LEVEL PARKING
                                          WATSONVILLE, CALIFORNIA

                                            INTERPRETATION SERVICES
                                      Spanish language interpretation is 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 five (5)
          days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831)
          763-4075.

Meetings are televised live on Charter Cable Communications Channel 70.
For information regarding this agenda or interpretation services, please call the City Clerk's Office at (831) 768-3040.
                                               AGENDA
                                         CITY OF WATSONVILLE
                                     REGULAR CITY COUNCIL MEETING

April 28, 2009                                                                    City Council Chambers
4:00 P.M.                                                                         275 Main Street, 4th Floor

         Anyone Addressing the City Council is asked to fill out a blue 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.)

1.0     ROLL CALL

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

        4.1      ACCEPTING & FILING MINUTES OF APRIL 14, 2009

        4.2      MOTION APPROVING REPORT OF DISBURSEMENTS

        4.3      MOTION ACCEPTING INVESTMENT REPORT FOR MARCH 2009

        4.4      RESOLUTION REJECTING CLAIM FOR DAMAGES OF ARACELI ALVAREZ
                 (Date of Occurrence: January 2009)

        4.5      RESOLUTION GRANTING REVOCABLE EASEMENT TO PACIFIC BELL
                 TELEPHONE COMPANY, DBA AT&T, ALLOWING INSTALLATION OF
                 TELECOMMUNICATIONS FACILITIES AT 280 MAIN STREET (PORTER
                 BUILDING) FOR PAJARO VALLEY UNIFIED SCHOOL DISTRICT’S CEIBA
                 COLLEGE PREPARATORY ACADEMY, A CHARTER MIDDLE SCHOOL
                 (Recommended by Interim Community Development Director)

        4.6      RESOLUTION APPROVING AGREEMENT WITH AEGIS GROUNDWATER
                 CONSULTING, LLC., FOR HYDROGEOLOGY & ENGINEERING SERVICES
                 FOR A NEW WATER SUPPLY PROJECT (Recommended by Public Works &
                 Utilities Director)

        4.7      RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION FOR
                 $99,000 TO U.S. DEPARTMENT OF AGRICULTURE RURAL BUSINESS
                 ENTERPRISE GRANT (“RBEG”) PROGRAM FOR FOR USE IN COMPLETING
                 PORTIONS OF STOESSER ALLEY PROMENADE MASTER PLAN
                 (Recommended by Redevelopment & Housing Director)

        4.8      RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO U.S.
                 DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR THE
                 EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM FOR FOR


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                 $267,856 TO HIRE TWO POLICE SERVICE SPECIALISTS FOR FISCAL YEARS
                 2009-2011 (Recommended by Police Chief)

        4.9      RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO U.S.
                 DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR THE
                 EDWARD BYRNE MEMORIAL ASSISTANCE GRANT FORMULA PROGRAM
                 FOR $148,658 FOR FISCAL YEARS 2009 TO 2012 TO FUND POLICE OFFICER
                 OVERTIME FOR VIOLENT CRIME SUPPRESSION ACTIVITIES (Recommended
                 by Police Chief)

        4.10     RESOLUTION AUTHORIZING CITY MANAGER TO SIGN AND FILE FINANCIAL
                 ASSISTANCE APPLICATION FOR A FINANCING AGREEMENT FOR
                 STIMULUS FUNDING WITH STATE WATER RESOURCES CONTROL BOARD
                 FOR CONSTRUCTION OF SEWER REPLACEMENT PROJECTS IN THE CITY
                 (Recommended by Public Works & Utilities Director)

        4.11     RESOLUTION ACCEPTING TWO-YEAR $400,000 GRANT FROM CALIFORNIA
                 EMERGENCY MANAGEMENT AGENCY FOR CALIFORNIA GANG
                 REDUCTION, INTERVENTION, & PREVENTION PROGRAM (CALGRIP) AND
                 APPROPRIATING SUCH FUNDS TO GRANT BUDGET (Recommended by
                 Police Chief)

        4.12     RESOLUTIONS DIRECTING FILING OF 2009-2010 ANNUAL ENGINEER’S
                 REPORTS FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT
                 DISTRICTS (Recommended by Parks & Community Services Director)
                 (a)   Gonzales Street Alleyway No. PK-94-01
                 (b)   Bay Breeze Subdivision No. PK-03-02
                 (c)   Vista Montaña No. PK-03-03

        4.13     LIVING WAGE ANNUAL REPORT & SETTING RATES (Recommended by
                 Deputy City Manager)
                 (a)   Motion Accepting & Filing Annual Living Wage Annual Report
                 (b)   Resolution Setting Hourly Living Wage Pursuant To Section 2-5.03 Of
                       Watsonville Municipal Code

        4.14     RESOLUTION APPOINTING PEDRO CASTILLO TO CITY OF WATSONVILLE
                 LIBRARY BOARD (District 1)

        4.15     RESOLUTION APPOINTING MEMBERS TO CITY OF WATSONVILLE PARKS &
                 RECREATION COMMISSION (District 1, 3, 6, & 7)

        4.16     RESOLUTION APPOINTING WILLIAM L. NEIGHBORS TO CITY OF
                 WATSONVILLE PLANNING COMMISSION (District 3)

        4.17     RESOLUTION NOMINATING MAYOR PRO TEMPORE LUIS ALEJO TO STATE
                 ASSEMBLY SPEAKER KAREN BASS AND CITY SELECTION COMMITTEE
                 FOR APPOINTMENT TO CALIFORNIA COASTAL COMMISSION (Requested by
                 Mayor Rivas)

        4.18     RESOLUTION OPPOSING EXPANSION OF OFF-SHORE OIL DRILLING &
                 REQUESTING THAT CONGRESS OF THE UNITED STATES REINSTATE THE


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                 FEDERAL OFF-SHORE OIL & GAS LEASING MORATORIUM FOR 2009 &
                 BEYOND (Requested by Mayor Rivas & Mayor Pro Tempore Alejo)

5.0     ITEMS REMOVED FROM CONSENT AGENDA

7.0     UNFINISHED BUSINESS

        7.1      ALTERNATIVE AMENDMENTS TO CODE OF ETHICS & VALUES
                 (Recommended by City Attorney)
                 (a)   Staff Report
                 (b)   City Council Discussion & Questions
                 (c)   Public Input
                 (d)   Resolution Approving Restated & Amended Code of Ethics & Values &
                       Penalties for Violations

8.0     NEW BUSINESS

        8.1      PAPERLESS COUNCIL AGENDA PACKET CONVERSION TO DIGITAL BOOK
                 READERS (Recommended by City Clerk)
                 (a)  Staff Report
                 (b)  City Council Discussion & Questions
                 (c)  Public Input
                 (d)  Appropriate Motion

9.0    REPORTS & PRESENTATIONS

       9.1       PRESENTATION REGARDING AMERICAN AND REINVESTMENT ACT
                 (ARRA): SUMMARY OF POTENTIAL WATSONVILLE STIMULUS FUNDING
                 OPPORTUNITIES (Recommended by Public Works & Utilities Director) No
                 Action Required

       9.2       PRESENTATION ON “GET OUT, GET FIT” CAMP, PILOT PROGRAM TO
                 PROMOTE HEALTH & WELLNESS OF YOUTH (Recommended by Parks &
                 Community Director) No Action Required

                                              5:30 P.M.
10.1 CLOSED SESSION
     (City Council Conference Room, 275 Main StreetB4th Floor)
       (a)      Public Comments regarding the Closed Session agenda will only be accepted by the City
                Council at this time.
       (b)      Closed Session Announcement
                The City Council will now recess to discuss those items listed on the Closed Session
                Statement attached to the Agenda.



                                      6:30 P.M. SESSION
1.0     ROLL CALL

2.0     PLEDGE OF ALLEGIANCE



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3.1     ORAL COMMUNICATIONS FROM THE PUBLIC & CITY COUNCIL
        (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. Any Council Member may place matters brought up
        under Oral Communications on a future agenda. ALL SPEAKERS ARE ASKED TO FILL OUT A BLUE
        CARD & LEAVE IT AT THE TABLE DESIGNATED NEAR THE PODIUM, GO TO THE PODIUM AND
        ANNOUNCE THEIR NAME AND ADDRESS IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE
        MINUTES OF THE MEETING.)

3.2     PRESENTATION OF PROCLAMATION BY MAYOR RIVAS DECLARING MAY
        NATIONAL HISTORIC PRESERVATION MONTH

3.3     PRESENTATION OF MONTEREY BAY NATIONAL MARINE SANCTUARY
        REFLECTIONS AWARD TO CITY OF WATSONVILLE BY PUBLIC WORKS &
        UTILITIES DIRECTOR

3.4     REPORT OUT OF CLOSED SESSION

6.0     PUBLIC HEARINGS, ORDINANCES, & APPEALS

        6.1      MODIFYING EXISTING GRAFFITI ORDINANCE & IMPLEMENTING NEW
                 GRAFFITI ABATEMENT PROCEDURES (Recommended by Graffiti Ad Hoc
                 Mayor Subcommittee)
                 (a)   Staff Report
                 (b)   Members Discussion & Questions
                 (c)   Public Hearing
                 (d)   Ordinance Introduction

        6.2      CONSIDERATION OF MURAL POLICY MODIFICATION (Recommended by
                 Mural Ad Hoc Mayor Subcommittee)
                 (a)    Staff Report
                 (b)    Members Discussion & Questions
                 (c)    Public Hearing
                 (d)    Resolution Approving Modification of City’s Policy for Murals in Private
                        Spaces, Public Building, & Public Right-of-Ways
                 (e)    Resolution Reducing Application Fee for Murals Within City of Watsonville

        6.3      COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL 2009-2010 ACTION
                 PLAN (Recommended by Interim Community Development Director)
                 (a)   Staff Report
                 (b)   Members Discussion & Questions
                 (c)   Public Hearing
                 (d)   Resolution Approving Annual Action Plan for Program Year 2009-2010 and
                       Authorizing City Manager to Submit Same to U.S. Department of Housing
                       & Urban Development




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8.0     NEW BUSINESS (Continued)

        8.2      REVISING GUIDELINES FOR GRANTING ADMINISTRATIVE HARDSHIP
                 WAIVER UNDER WATSONVILLE MUNICIPAL CODE SECTION 14-46.150(c)
                 (AFFORDABLE HOUSING ORDINANCE) TO ALLOW TEMPORARY RENTAL
                 OF AFFORDABLE OWNERSHIP UNITS IN HARDSHIP SITUATIONS
                 (Recommended by Redevelopment & Housing Director)
                 (a)   Staff Report
                 (b)   City Council Discussion & Questions
                 (c)   Public Input
                 (d)   Resolution Approving Restated & Amended Guidelines for Granting an
                       Administrative Hardship Waiver Under Section 14-46.150(c) of Watsonville
                       Affordable Housing Ordinance

       8.3       EMERGENCY ITEMS ADDED TO AGENDA

10.0    ADJOURNMENT


Pursuant to Section 54954.2(a)(1) of the Government Code of the State of California, this agenda
was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible
to the public 24 hours a day.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda
                                                                                         th
packet are available for public inspection in the City Clerk’s Office (275 Main Street, 4 Floor) during
normal business hours. Such documents are also available on the City of Watsonville website at
www.ci.watsonville.ca.us subject to staff’s ability to post the document before the meeting.




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                                                                                                                                                CITY COUNCIL 4.3



                                                                                            By Carlos J. Palacios at 4:50 pm, Apr 17, 2009




                                            City of Watsonville
                                         Finance Department
                                         MEMORANDUM

DATE:                      April 14, 2009

TO:                        Carlos J. Palacios, City Manager

FROM:                      Marc Pimentel, CPA, Administrative Services Director                     By Marc Pimentel at 3:31 pm, Apr 17, 2009




                           Marissa Duran, Financial Analyst

SUBJECT:                   Motion to accept March 2009 Investment Report

AGENDA ITEM:               April 28, 2009                                                              City Council

RECOMMENDATION:
The City Council accepts by motion the investment report for February 2009.

THE ECONOMY:
According to many economists, the problems with the economy are broad based and include a banking
crisis, massive job losses and the collapse of the housing market. The employment situation worsened
in March 2009. Non-farm payrolls declined by 663,000 and the unemployment rose to 8.5, up from 8.1
percent in February. Virtually all sectors of the job market were affected, with manufacturing and
construction taking the biggest hits. If workers who are employed part-time involuntary are included,
the unemployment rate jumps to 15.6 percent. The unemployment rate is expected to continue to rise
until early 2010 when a slow rebound is expected to begin.

The City has used LAIF (Local Agency Investment Fund) as a primary benchmark for the last several
years. LAIF is a good benchmark for the City as the average days to maturity of their investments is
similar to the City’s investment maturity. Over the period of the last 21 months we have been able to
exceed LAIF’s average yield earnings.

PORTFOLIO RESULTS:                                     Table I
                                                  Portfolio Results
                                             December      January               February           March
Cash Invested ($MM)                          38.9          38.9                  34.2               30.3

Average Maturity (Days)                      472.5             461.6             427.5              459.6

Average Yield                                2.95%             2.68%             2.52%              2.50%

LAIF Yield                                   2.35%             2.05%             1.87%              1.68%

LAIF Cash Invested ($MM)                     23.9              23.8              21.2               17.2
                                                    Page 1 of 3
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P:\MARISSA\Investments\Investments\INVESTME.MO\MEMORAND.UMS\2009\0309 staff report.docx
PORTFOLIO MANAGEMENT:
Over the next few months the strategy will be to maintain the current balance of securities with LAIF
and invest when Treasuries and Agency yield’s exceed LAIF. The committee will continue to invest
only after the safety and liquidity needs of the City are met.

The Local Agency Investment Fund (LAIF) is a voluntary program created by statute; began in 1977
as an investment alternative for California's local governments and special districts and it continues
today under Treasurer Bill Lockyer's administration. This program offers local agencies the
opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the
investment expertise of the Treasurer's Office investment staff at no additional cost to the taxpayer.
This in-house management team is comprised of civil servants who have each worked for the State
Treasurer's Office for an average of 20 years.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The
State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis
using a third party custodian. All investments are purchased at market and a market valuation is
conducted monthly. LAIF has Policies, Goals and Objectives for the portfolio to make certain that
their goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails.
The LAIF has grown from 293 participants and $468 million in 1977 to 2,612 participants and $16.7
billion in 2006. The City of Watsonville currently uses LAIF for most of the City’s idle cash. LAIF
invests mainly in short-term investments to provide all of its participants with easy access to its
money, making it the safest way to obtain liquidity on our portfolio. LAIF guarantees all principle
investments and is prudent in their investing.

Additionally, the City uses LAIF investment return as our benchmark for investing. LAIF’s duration
(Duration is a measure of the average (cash-weighted) term-to-maturity of a bond.) is comparable to
our portfolio and therefore an effective benchmark.




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P:\MARISSA\Investments\Investments\INVESTME.MO\MEMORAND.UMS\2009\0309 staff report.docx
FINANCIAL IMPACT

The Treasury yield on a 10 year note dropped from 3.01 percent last month to 2.66 percent in March.
The Federal Reserve also re-iterated that it plans on keeping rates low for “some time”. This will lower
the City’s future interest earnings. Many of the City’s investment options include Treasury securities in
order to ensure the City’s primary objectives of Safety, Liquidity and Yield (in priority order) when
making investment decisions.



ATTACHMENTS:
  1.  March 2009 Investment Portfolio

cc:      City Attorney




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P:\MARISSA\Investments\Investments\INVESTME.MO\MEMORAND.UMS\2009\0309 staff report.docx
                City of Watsonville
               Investment Reports

                   31-Mar-09




We certify that the investment report conforms to the City of Watsonville policy

and that the City's next 6 month's cash needs can be met if past trends continue.




Marc Pimentel, CPA                                  Marissa Duran, Financial Analyst
Administrative Services Director



Portfolio Average Return                                             2.50%

Average Maturity (Days)                                               459.6



Comparative Yields:

LAIF                                                                 1.68%

Merrill Lynch Ready Assets                                           0.23%

Six Month -Treasury Bills                                            0.39%

                                                                Attachment 1
                                                                Page 1 of 2
     City of Watsonville
     Investment Position Report
              31-Mar-09                                                                                                           Current
                                                  Coup.    Yield     Maturity       Face            Purchase General Ledger       Market     Purchase
                                                   Rate   (YTM)        Date         Value               Price    Balance           Value         Date

     Treasury Notes (**)                   0.0%


             Totals                                                                     0                  0               0           0
             Average Maturity (Days/Years)                                0.0

     Agency Notes(**)                    33.0%

                                   Call date

 8   FHLB                          5/28/2010      3.37%   3.37%    18-May-12     1,000,000         1,000,000     1,000,000      1,003,750   24-Nov-08
 5   FHLB                          5/28/2009      3.29%   3.29%    29-Nov-10     1,000,000         1,000,000     1,000,000      1,003,750   13-May-08
 9   FHLB                          5/25/2010      3.15%   3.38%    25-Nov-11     1,000,000         1,000,000     1,000,000      1,017,190   24-Nov-08
 4   FHLB                          5/28/2009      3.63%   3.65%    28-Feb-12     1,000,000           999,063       999,063      1,017,970   13-May-08
 6   FHLB                          7/30/2009      4.00%   4.00%     30-Apr-12    2,000,000         2,000,000     2,000,000      2,018,440    30-Jul-08
 3   FMAC                          5/28/2009      3.80%   3.92%    29-May-12     1,000,000           995,730       995,730      1,004,270   13-May-08
 2   FHLMC                         5/20/2009      4.17%   4.17%    20-May-13     1,000,000         1,000,000     1,000,000      1,004,270   13-May-08
10   FFCB                          7/07/2010      4.36%   4.36%     10-Jun-13    1,000,000           997,250       997,250      1,029,680    17-Jul-08
 7   FHLB                          10/13/09       3.55%   3.55%     13-Jan-14    1,000,000         1,000,000     1,000,000        996,720   16-Dec-08
             Totals                                       3.41%                 10,000,000         9,992,043     9,992,043     10,096,040
             Average Maturity (Days/Years)                 1,023          2.8
             Average Duration

     Certificate of Deposit             6.6%
     Rabobank                                     2.74%   2.78%    15-Nov-09       250,000           250,000       250,000        250,000   13-Nov-08
     Rabobank- RDA                                2.74%   2.78%    15-Nov-09       250,000           250,000       250,000        250,000   13-Nov-08
     First National Bank                          3.38%   3.42%    15-Nov-09       250,000           250,000       250,000        250,000   15-Nov-08
     First National Bank - RDA                    3.38%   3.42%    15-Nov-09       250,000           250,000       250,000        250,000   15-Nov-08
     Santa Cruz County Bank                       2.70%   2.74%    15-Nov-09       250,000           250,000       250,000        250,000   15-Nov-08
     Santa Cruz County Bank - RDA                 2.70%   2.74%    15-Nov-09       250,000           250,000       250,000        250,000   15-Nov-08
     Santa Cruz Credit Union                      2.75%   2.79%    29-Oct-09       250,000           250,000       250,000        250,000   29-Oct-08
     Santa Cruz Credit Union - RDA                2.75%   2.79%    29-Oct-09       250,000           250,000       250,000        250,000   29-Oct-08
              Totals                                      0.35%                  2,000,000         2,000,000     2,000,000      2,000,000
              Average Maturity (Days/Years)                   29          0.1
              Average Duration


     Special Assessment                    3.5%
     Second Street, Watsonville                   6.75%   6.75%    31-Oct-11       57,000             57,000        57,000        57,000    31-Oct-96
     Hyde Street, Watsonville                     6.75%   6.75%    31-Oct-11       51,000             51,000        51,000        51,000    31-Oct-96
     Beck Street, Watsonville                     6.00%   6.00%    29-Nov-13       95,000             95,000        95,000        95,000    30-Nov-98
     Progress Drive, Watsonville                  6.25%   6.25%     2-Sep-15       76,000             76,000        76,000        76,000     6-Oct-99
     7th, 8th and 9th St., Watsonville            6.00%   6.00%     4-Dec-15       75,022             75,022        75,022        75,022     4-Dec-00
     Watson Street, Watsonville                   6.00%   6.00%     4-Dec-15       37,944             37,944        37,944        37,944     4-Dec-00
     Second Street Court, Watsonville             6.00%   6.00%    15-Sep-17       22,000             22,000        22,000        22,000     2-Sep-02
     Atkinson Lane, Watsonville                   6.50%   6.50%    15-Sep-19      637,000            637,000       637,000       637,000    28-Jun-05

             Totals                                       6.40%                  1,050,966         1,050,966     1,050,966      1,050,966
             Average Maturity (Days/Years)                 3,063           8

                                         56.9%
     Money Market
     LAIF                                           N/A   1.68%      Demand      4,416,552         4,416,552     4,416,552     10,545,493     Various
     LAIF - RDA                                           1.68%                  5,938,092         5,938,092     5,938,092      7,093,044
     LAIF- WATER BOND                                     1.68%                  6,855,110         6,855,110     6,855,110      7,586,112
                                                                                17,209,754        17,209,754    17,209,754     17,209,754

                                                                                30,260,720        30,252,763    30,252,763     30,356,760
     Totals                                               2.50%
       Average Maturity (Days/Years)                       459.6                             Activity Report

                        1-Mar-09                  Days     -11.4                               2 Callable once 05/20/09
                                                                                               3 Callable once 05/28/09
                                                                                               4 Callable once 05/28/09
                                                                                               5 Callable once 05/29/09
                                                                                               6 Callable once 07/30/09
                                                                                               7 Callable beg 10/13/09
                                                                                               8 Callable once 05/25/10
                                                                                               9 Callable once 05/25/10
             Source: First National Bank                                                       10 Callable once 07/07/10



                                                                                                                                                   Attachment 1
                                                                                                                                                    Page 2 of 2
                                                                                          CITY COUNCIL 4.4




                                      RESOLUTION NO. _______ (CM)

             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
             WATSONVILLE REJECTING CLAIM OF ARACELI ALVAREZ
             FOR DAMAGES

                                (Date of Occurrence: January 2009)

        BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        That the claim of Araceli Alvarez for damages, which was filed with the City

Clerk on April 13, 2009, be and the same is hereby rejected.

                                      *******************************

        The foregoing resolution was introduced at a regular meeting of the Council of

the City of Watsonville, held on the                    day of                , 2009, by Council

Member                          , who moved its adoption, which motion being duly seconded

by Council Member                                  , was upon roll call carried and the resolution

adopted by the following vote:

AYES:                     COUNCIL MEMBERS:

NOES:                     COUNCIL MEMBERS:

ABSENT:                   COUNCIL MEMBERS:

                                                           ______________________________
                                                                  Antonio Rivas, Mayor
ATTEST:

_____________________________
          City Clerk

APPROVED AS TO FORM:

_____________________________
         City Attorney



Reso No.         (CM)                                                                                            1
Q:\COUNCIL\2009\042809\RC 09-08 Alvarezt.docx
ri 4/23/2009 12:04:09 PM                                                        AJS ______ CJP _____
                                                                                               By Carlos J. Palacios at 2:59 pm, Apr 23, 2009
                                                                                                                                                              CITY COUNCIL 4.5




                                                                                                            By Carlos J. Palacios at 10:41 am, Apr 16, 2009




                                                City of Watsonville
                         Community Development Department
                                              MEMORANDUM

DATE:                         March 24, 2009

TO:                           Carlos J. Palacios, City Manager

FROM:                         Marcela Tavantzis, Interim Community Development Director
                                                                                                                                                                  By Marcela Tavantzis at 2:13 pm, Apr 15, 2009




                              Tom Sharp, Senior Engineering Associate

SUBJECT:                      Request for Revocable Easement to Install Telecommunication
                              Facilities at 280 Main Street (Porter Building)

AGENDA ITEM:                  April 28, 2009                                                                           City Council

RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing and directing the
City Manager to execute the Grant of Revocable Easement allowing AT&T to install
telecommunications equipment to Pajaro Valley Unified School District’s Ceiba College
Preparatory Academy located at 280 Main Street (Porter Building).

DISCUSSION:
The Pajaro Valley Unified School District (PVUSD) has leased the Porter Building from
the City for a variety of educational purposes. PVUSD’s 21 year lease began in 1994.
Currently the Ceiba College Preparatory Academy, a charter middle school, occupies
the Porter Building.

PVUSD is and has been a recipient of Federal E-Rate funding which provides for the
installation and maintenance of the District’s high speed telecommunications network to
its remote campus locations. PVUSD wishes to provide this high speed network to its
newest school, Ceiba College Preparatory Academy (see Attachment 1).

PVUSD’s various campus locations are connected to the high speed network by fiber
optic cables owned by AT&T, the local phone company. AT&T has requested an
easement across the Porter Building property to allow for the installation of the cabling
and equipment required connecting Ceiba College Preparatory Academy to PVUSD’s
high speed network. Staff has reviewed the easement submitted by AT&T for this
purpose. The easement is revocable at the discretion of the City in the event PVUSD
no longer leases the building. Staff has determined that provisions and terms of the
easement are acceptable.
                                                  Page 1 of 2

M:\CDD\CC Packet\AGENDA 09\04-28-09\Porter Building Revocable Easement\Porter Builidn Revocable Easement staff report.doc
4/15/2009\2:10 PM\TS\ds
STRATEGIC PLAN:
Granting an easement to AT&T to allow Ceiba College Preparatory Academy to connect
to PVUSD’s high speed network is consistent with the City’s Strategic Plan objective to
promote educational attainment in the City.

FINANCIAL IMPACT:
Granting a revocable easement to AT&T for installing telecommunications facilities in
the Porter Building will have no financial impact on the City.

ALTERNATIVES:
The Council could choose not to approve the recommended action.

ATTACHMENTS:
1.  Letter dated March 10, 2009 from Tim Landeck, Information Services Director
    for PVUSD.

cc:       City Attorney




                                                  Page 2 of 2

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Attachment 1
 Page 1 of 1
                                                                                                                                 CITY COUNCIL 4.5




                                    RESOLUTION NO.           (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE GRANTING A REVOCABLE EASEMENT TO PACIFIC
        BELL TELEPHONE COMPANY, A CALIFORNIA CORPORATION, DBA
        AT&T, ALLOWING THE INSTALLATION OF TELECOMMUNICATIONS
        FACILITIES AT 280 MAIN STREET (PORTER BUILDING),
        WATSONVILLE CALIFORNIA, FOR PÁJARO VALLEY UNIFIED
        SCHOOL DISTRICT’S CEIBA COLLEGE PREPARATORY ACADEMY, A
        CHARTER MIDDLE SCHOOL, AND AUTHORIZING AND DIRECTING
        THE CITY MANAGER TO EXECUTE SAME

        WHEREAS, the Pájaro Valley Unified School District (“District”) has leased the

Porter Building for a variety of educational purposes since 1994; and

        WHEREAS, the District’s Ceiba College Preparatory Academy (Ceiba School) is

the current occupant of the Porter Building; and

        WHEREAS, the District wishes to provide the students and staff at Ceiba School

with the same quality of access to the Internet and network resources as the rest of the

schools in the district; and

        WHEREAS, the District has retained Pacific Bell Telephone Company, a

California Corporation, dba AT&T California, to install the connection to the District’s high

speed telecommunications network; and

        WHEREAS, AT&T requires a revocable easement to perform the installation of

telecommunication facilities for the District’s Ceiba College Preparatory Academy located

at 280 Main Street (Porter Building), Watsonville, California.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:




Reso No.         (CM)                                                                                                                              1
Q:\COUNCIL\2009\042809\Revocable Easement Porter Bldg.docx                      By Carlos J. Palacios at 3:55 pm, Apr 22, 2009




ri 4/22/2009 9:52:29 AM                                             AJS ______ CJP ______ CDD ______                             By Keith Boyle at 11:27 am, Apr 22, 2009
        1.       That the Grant of Revocable Easement to AT&T for permitting the

installation of telecommunications facilities at the Porter Building, a copy of which is

attached hereto and incorporated herein is hereby ratified and approved.

        2.       That the City Manager is hereby authorized and directed to execute said

Grant of Revocable Easement for and on behalf of the City of Watsonville.


                                 *******************************************




Reso No.         (CM)                                                                      2
Q:\COUNCIL\2009\042809\Revocable Easement Porter Bldg.docx
ri 4/22/2009 9:52:29 AM
RECORDED AT THE REQUEST OF:            |
AT&T RIGHT OF WAY DEPARTMENT           |
c/o TERRY HAMLIN                       |
340 PAJARO ST. RM. 132                 |
SALINAS, CA 93901                      |
                                       |
                                       |
                                       |
                                       |
                                       |
                                       |
WHEN RECORDED RETURN TO:               |
AT&T RIGHT OF WAY DEPARTMENT           |
c/o TERRY HAMLIN                       | Computed on full value of property conveyed
340 PAJARO ST., RM. 132                | Documentary Transfer Tax Due __________________________
SALINAS, CA 93901                      | AT&T Agent: __________________________________________
_______________________________________________________________________________________________
(NF97) Project No.: 6205267                                                 Rancho Bolsa del Pajaro
ROW FILE NO.: SAN81992-04
APN: 017-182-16
                                  GRANT OF REVOCABLE EASEMENT

CITY OF WATSONVILLE, a Municipal Corporation;

For good and valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned
Grantor(s), hereinafter referred to as "Grantor(s)", hereby grant(s) to PACIFIC BELL TELEPHONE
COMPANY, a California Corporation, dba AT&T California, “Grantee”, its associated and affiliated
companies, its and their successors, assigns, lessees and agents, hereinafter referred to as “Grantee,” a
non-exclusive blanket easement (“Blanket Easement”), not to exceed ten (10’) feet in width over the
premises described on EXHIBIT “A”, attached hereto and incorporated herein by reference, for the
construction, operation, inspection, maintenance, replacement, removal or destruction of telecommunication
facilities (Facilities), including but not limited to underground conduit, manholes, handholes, service boxes,
terminals, structures with electronic communication equipment therein, associated electrical conductors,
necessary fixtures and appurtenances, and cables, including but not limited to fiber optics, in, over, under
and upon real property in the Blanket Easement for any public or private communication, video and
information services or any other services for which such Facilities may be used. Grantor and Grantee
acknowledge and agree that the Blanket Easement is situated on real property upon which the Grantor has
improved and leases to the Pajaro Valley Unified School District, Watsonville, California to operate a public
school related activities.

The actual location of Facilities within the Blanket Easement shall be subject to the mutual, written
agreement of the parties. Grantor may request that Grantee provide a legal description of the location of the
installed Facilities within the Blanket Easement, and substitute such legal description for the Blanket
Easement described in Exhibit “A” attached hereto; provided however, Grantor shall be solely responsible for
all costs to provide such legal description, including but not limited to the costs of any survey and costs of
filing. Grantee shall cooperate with Grantor to execute and file amendments to substitute such legal
descriptions.

Grantor(s) also grant(s) to the electrical power utility company serving the immediate area of the Blanket
Easement the right to provide commercial electrical power service to Grantee(s) for use solely in connection
within the Facilities situated within the area of the Blanket Easement, together with the right to construct,
install, operate, inspect, repair and replace said power service facilities upon and within said easement.

Provided that such activities do not unreasonably interfere, hinder or otherwise impair the operations and
activities of Grantor and its Tenant, the Pajaro Valley Unified School District, its students, staff and invitees
and subject to the conditions set forth herein, Grantee shall have (1) the right of ingress and egress to and
from the Blanket Easement by reasonable routes across Grantor’s property; (2) the right to clear and trim
trees, overhanging branches, roots brush and other obstructions in the Blanket Easement; and (3) the right
to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures
thereon, as Grantee may elect for the protection of said Facilities. Grantee(s) right of ingress and egress for
its employees, agents or representatives to/from the Blanket Easement through any portion of the real
property upon which the Pajaro Valley Unified School District located in the Porter Building is situated shall
be subject to the following: (1) except in the event of an emergency with an immediate threat of harm to
property or persons, written notice to the Grantor of Grantee(s) intent to conduct activities in the Blanket
Easement not less than twenty-four (24) hours prior to commencement of such activities; (2) compliance by
such employees, agents and representatives with then existing rules and regulations governing the conduct
of visitors to the Pajaro Valley Unified School District and limiting contact between such visitors and students
of the Pajaro Valley Unified School; and (3) ingress and egress through the Porter Building to the Blanket
Easement shall be limited to routes established by the Grantor; provided, however, that if Grantee is not
permitted to access the property to access its facilities at any time, Grantee shall have no responsibility to
Pajaro Valley Unified School District, grantor, or any third party for services provided to any person that in
any way pass through facilities located within the Blanket Easement.

Grantee shall not clear/trim trees, overhanging branches, roots, brush or other obstructions, nor shall
Grantee change property grades or place drainage/retaining structures in, on or about the Blanket Easement
of the property upon which the Pajaro Valley Unified School is situated without the prior consent of Grantor,
which shall not be unreasonably withheld or conditioned, provided that Grantor(s) withholding or conditioning
consent to such activities based upon interference, hindrance or impairment of on-going operations and
activities of Grantor(s) Pajaro Valley Unified School shall not be deemed to be unreasonable. If Grantee is
not permitted to make changes that it deems are necessary in order to protect its service or facilities,
Grantee shall have no responsibility to Pajaro Unified School district, Grantor, or any third party for any
services provided to any person that in any way pass through facilities located with in the Blanket Easement.
All activities permitted by the foregoing shall be conducted by Grantee in strict compliance and conformity
with all applicable laws, ordinances, codes, rules, regulations or orders.

To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor and its
successors, employees, officers, Grantor(s) City Council, its agents and representatives (collectively, “The
Indemnified Parties”) from any and all claims, demands, losses, responsibilities or liabilities, except to the
extent such claims, demands, losses, responsibilities or liabilities arise out of the negligence or willful
misconduct of the Indemnified Parties for; (1) injury or death of Grantee(s) employees, agents or
representatives caused directly by Grantee’s use of the easement while engaged in activities permitted in the
Blanket Easement; (2) injury or death of persons or damage to property caused directly by Grantee’s use of
the easement while engaged in activities permitted in the Blanket Easement; or (3) other costs or charges
including, but not limited to attorneys fees, arising out of or attributable, in whole or in part, to the negligent
or willful acts, omissions and/or other conduct of Grantee and its employees, agents and representatives
engaged in activities permitted in the Blanket Easement.

Grantor(s) shall not erect or construct any building or other structure or drill or operate any well within the
Blanket Easement, without the prior consent of Grantee which shall not be unreasonably denied or
conditioned. Grantee shall consent to construction of buildings, structures or other improvements in, on or
about the Blanket Easement, so long as the use and operation of such buildings, structures or other
improvements do not materially interfere with, hinder or impair Grantee’s use of the Blanket Easement for the
limited purposes set forth herein.

This blanket easement shall expire and be fully revoked at the termination of the service and/or lease of the
Porter Building by Pajaro Valley Unified School District is terminated. In the last 60 days, Grantor shall permit
Grantee to remove or render inoperable any facilities it has installed in the Blanket Easement.

Grantor(s) warrant that they are the owners of the land here conveyed and have the right to make this
conveyance, and Grantor covenants that Grantee may quietly enjoy the Blanket Easement for the limited
express uses herein stated. Grantor(s) further warrant that without having made inquiry or prior uses of the
property upon which the Blanket Easement is situated they have no knowledge of adverse environmental
conditions or hazardous materials contamination resulting from Grantor’s ownership, use or occupancy of the
Real property upon which the Blanket Easement is situated. Grantee shall have no liability for any adverse
environmental conditions or hazardous materials found on the site.


         See Exhibit “A” attached hereto and made a part hereof for property description.


Signed and executed this _______ day of __________________________________, 2009.

CITY OF WATSONVILLE, a Municipal Corporation; (Lessor)
PORTER BUILDING
280 Main Street, Watsonville

By Its: __________________________________________
(Print name & title)

By Its: __________________________________________
(Print name & Title)

Acknowledged By Lessee:

PAJARO VALLEY UNIFIED SCHOOL DISTRICT – PORTER BUILDING
280 Main Street, Watsonville

By Its: __________________________________________
(Print name & title)

By Its: __________________________________________
(Print name & Title)
                                        EXHIBIT “A”

                                    PORTER BUILDING

Situated in Rancho Bolsa del Pajaro, City of Watsonville, County of Santa Cruz, State of
California;

Being a portion of the lands conveyed by Sebastiano Nieri and Clementina Nieri, his wife to
the City of Watsonville, a municipal corporation, by Deed Recorded in Book 2431 at Page
241, Official Records of Santa Cruz County

Beginning at the intersection of the southeast right-of-way line of Maple Avenue, a City Street
of varying width with the northeast right-of-way line of Main Street, a City Street 80 feet wide;
thence northeasterly along said southeast right-of-way line of Maple Avenue;

   1) N. 47º 35’ E., 99.00 feet to the north corner of a two story brick building known as the
      Porter
      Building; thence leaving said right-of-way line along the northeast wall line of said
      Porter Building;

   2) S. 42º 25’ E., 60.50 feet to the east corner of said Porter Building; thence along the
      southeast wall line of said Porter Building;

   3) S. 47º 35’ W., 99.00 feet to the aforesaid northeast right-of-way line of Main Street;
      thence northwesterly along said right-of-way line;

   4) N. 42º 25’ W., 60.50 feet to the point of beginning.

Containing 4,989.5 square feet of land, more or less.
                                                                                                                                  CITY COUNCIL 4.6




                                                                                 By Carlos J. Palacios at 5:38 pm, Apr 22, 2009




                                               City of Watsonville
                                       Public Works & Utilities Department

                                                      MEMORANDUM


DATE:                           April 22, 2009

TO:                             Carlos J. Palacios, City Manager
                                                                                                         By David A. Koch at 5:05 pm, Apr 22, 2009

FROM:                           David A. Koch, Director of Public Works and Utilities
                                Gayland K. Swain, Senior Utilities Engineer

SUBJECT:                        Resolution Approving Agreement with Aegis Groundwater
                                Consulting, LLC for Hydrogeology and Engineering Services for
                                Stimulus Water Supply Projects.

AGENDA ITEM:                    April 28, 2009                                        City Council



RECOMMENDATION: It is recommended that the City Council approve the agreement with
Aegis Groundwater Consulting, LLC for hydrogeology and engineering services for two new
stimulus water supply projects.

DISCUSSION: Staff is working hard to complete the design of critical infrastructure projects in
order to compete effectively for stimulus funding. The proposed agreement includes design
work that will lead to having a “shovel ready” water supply project. The City’s Capital
Improvement Program includes the construction of two new water supply wells within the City.
The proposed wells are needed to improve water system reliability. Many of our current wells
are over 50 years old, and several wells will need to be taken out of service for extensive
maintenance over the next five to ten years. Two additional wells would provide the
redundancy needed to meet current water system reliability requirements, and will ensure
compliance with State water supply standards. The wells would be located at the City’s Fowle
reservoir site on Freedom Boulevard and on a city property located near the intersection of
Freedom Boulevard and Main Street. The wells will also provide opportunities to better
manage the groundwater basin by shifting the City’s groundwater pumping further inland to
reduce potential impacts on seawater intrusion.




Gayland K. Swain 4/22/2009 5:05:32 PM
M:\Public Works & Utilities\Staff Reports\2009\Staff Report aegis.doc
                                                                 Page 1 of 2
Aegis Groundwater Consulting, LLC will provide design and construction management for the
projects. Staff recommends that the City contract with this firm due to their previous work in
successfully providing hydrological and water well engineering services for the City. Their
staff’s familiarity with the local groundwater aquifers and the City’s water system will minimize
the required study efforts and cost, and will result in completed projects that will be consistent
and compatible with existing City water facilities.

STRATEGIC PLAN: This project supports the strategic goal of improving the City’s
infrastructure.

FINANCIAL IMPACT: The engineering services for this project are for a not-to-exceed
contract price of $82,400. Funding for this purpose is currently budgeted in the Water Fund
portion of the Capital Improvement Program. Completion of the design is a necessary step in
applying for stimulus funding for construction, which could provide up to $3 million in grants to
the City.

ALTERNATIVES: Not to proceed with this project.

ATTACHMENTS: None

cc:       City Attorney




Gayland K. Swain 4/22/2009 5:05:32 PM
M:\Public Works & Utilities\Staff Reports\2009\Staff Report aegis.doc
                                                                 Page 2 of 2
                                                                                                                                          CITY COUNCIL 4.6




                                   RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE APPROVING AGREEMENT FOR CONSULTANT
        SERVICES BETWEEN THE CITY OF WATSONVILLE AND AEGIS
        GROUNDWATER CONSULTING, LLC., A LIMITED LIABILITY
        COMPANY, FOR HYDROGEOLOGY AND ENGINEERING SERVICES
        FOR A NEW WATER SUPPLY PROJECT, AND AUTHORIZING AND
        DIRECTING THE CITY MANAGER TO EXECUTE SAME


        BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE,

CALIFORNIA, AS FOLLOWS:

        1.       That the Agreement for Consultant Services between the City of

Watsonville and Aegis Groundwater Consulting, LLC., a limited liability company, for

hydrogeology and engineering services for a new water supply project, a copy of which

Agreement is attached hereto and incorporated herein by this reference, is fair and

equitable and is hereby ratified and approved.

        2.       That the City Manager be and is hereby authorized and directed to execute

said Agreement for and on behalf of the City of Watsonville.



                                *********************************************




Reso No.         (CM)                                                                                                                                        1
Q:\COUNCIL\2009\042809\Agrmt Aegis Groundwater Consulting.docx                       By Carlos J. Palacios at 2:57 pm, Apr 23, 2009




ri 4/23/2009 11:03:29 AM                                                 AJS ______ CJP ______PWU ______                              By David A. Koch at 1:16 pm, Apr 23, 2009
            AGREEMENT FOR CONSULTANT SERVICES BETWEEN
  THE CITY OF WATSONVILLE AND AEGIS GROUNDWATER CONSULTING, LLC.


      THIS AGREEMENT, is made and entered into this                         , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and
AEGIS GROUNDWATER CONSULTING, LLC, a 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 Agreement 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 AGREEMENT. The term of this Agreement shall be from
May 1, 2009 to June 30, 2011, 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

M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 1 of 9
4/23/2009 9:42:37 AM
benefits or other benefits which accrue to City's employees, and Consultant hereby
expressly waives any claim it may have to any such rights.

       SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any
interest in this Agreement 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 Agreement or any rights, duties or obligations arising hereunder shall be
void and of no effect.

         SECTION 8. INDEMNIFICATION. To the fullest extent permitted by law
(including, without limitation, California Civil Code Sections 2782 and 2782.8),
Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify
and hold harmless City and its elected and appointed officers, agents, departments,
officials, representatives and employees (collectively “Indemnitees”) from and against
any and all claims, loss, cost, damage, injury (including, without limitation injury to or
death of an employee of Consultant or its Sub-consultants), expense and liability of
every kind, nature and description (including, without limitation, court costs, attorneys’
fees, litigation expenses and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation) that arise out of; pertain to, or relate to,
directly or indirectly, in whole or in part, the negligence, recklessness, or willful
misconduct of Consultant, any Sub-consultant, anyone directly or indirectly employed by
them, or anyone that they control (collectively “Liabilities”). Such obligations to defend,
hold harmless and indemnify any Indemnitee shall not apply to the extent that such
Liabilities are caused in part by the sole negligence, active negligence, or willful
misconduct of such Indemnitee.

          SECTION 9. INSURANCE.

         A.    Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force throughout the term of this Agreement 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 Agreement.

        B.     Auto and Commercial General Liability Insurance. Consultant shall also
maintain in full force and effect for the term of this Agreement, 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 Agreement. The amounts of
insurance shall not be less than the following:

               (1)    Commercial general liability insurance, or equivalent form, with a
combined single limit of not less than $500,000.00 per occurrence. If such insurance
contains a general aggregate limit, such limit shall apply separately to each project
Consultant performs for City. Such insurance shall (a) name City, its appointed and
elected officials, and its employees as additional insureds; and (b) be primary with

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respect to insurance or self-insurance programs maintained by City and (c) contain
standard separation of insured's provisions.

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

      C.     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 Agreement.

        D.     Proof of Insurance to City before Notice to Proceed to Work. Consultant
shall satisfactorily provide certificates of insurance to the City Clerk before Notice to
Proceed to Work of this Agreement 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 Agreement. Consultant shall not
perform any work under this Agreement 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 Agreement 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.

        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 Agreement.

          SECTION 11. TERMINATION.

      A.     City and Consultant shall have the right to terminate this Agreement,
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
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice.

          C.           The City Manager is empowered to terminate this Agreement 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.
M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 3 of 9
4/23/2009 9:42:37 AM
       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 Agreement.

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

       SECTION 14. PRIOR AGREEMENTS AND AMENDMENTS. This Agreement
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 Agreement 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 Agreement 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
Agreement, 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 Agreement, for breach or violation of this covenant, the
City shall have the right to annul this Agreement 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 Agreement shall not be construed as
waiver of any other condition of performance under this Agreement.

          SECTION 19. CONFLICT OF INTEREST.

        A.     A Consultant shall avoid all conflict of interest or appearance of conflict of
interest in performance of this Agreement. 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 Agreement or such Resolution, as applicable.

M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 4 of 9
4/23/2009 9:42:37 AM
       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 Agreement 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                                                     CONSULTANT

               City Clerk’s Office                             AEGIS GROUNDWATER CONSULTING, LLC.
                P. O. Box 50000                                          3003 East Cornell
           Watsonville, CA 95077-5000                                    Fresno, CA 93703
                (831) 768-3040                                            (559) 801-1604



          SECTION 22. EXHIBITS:


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

///

///

///

///




M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 5 of 9
4/23/2009 9:42:37 AM
       WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove
written.

                   CITY                                                               CONSULTANT

CITY OF WATSONVILLE                                            AEGIS GROUNDWATER CONSULTING, LLC


BY
______________________________
   Carlos J. Palacios, City Manager

ATTEST:
                                                         BY_                                                       _
                                                                       Christopher S. Johnson
BY
______________________________
    Beatriz Vázquez Flores, City
Clerk


APPROVED AS TO FORM:


BY
______________________________
   Alan J. Smith, City Attorney




M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 6 of 9
4/23/2009 9:42:37 AM
                                                      EXHIBIT "A"

                                              SCOPE OF SERVICES


See Attachment 1




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4/23/2009 9:42:37 AM
                                                      EXHIBIT “B”

                                      SCHEDULE OF PERFORMANCE


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

Approximately 14 months




M:\Public Works & Utilities\Staff Reports\2009\signed Aeigis Groundwater Agreement 4-22-09 (2).doc   Page 8 of 9
4/23/2009 9:42:37 AM
EXHIBIT “C”


                                                 COMPENSATION

a. Total Compensation. The total obligation of City under this Agreement shall not
exceed $82,400.

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:
Monthly invoices.

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




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4/23/2009 9:42:37 AM
                                                                                                                                    CITY COUNCIL 4.7




                                                                                  By Carlos J. Palacios at 10:43 am, Apr 16, 2009




                                        City of Watsonville
                                    Redevelopment and Housing

                                          MEMORANDUM



DATE:                     April 15, 2009

TO:                       Carlos J. Palacios, City Manager

FROM:                     Marty Ackerman, Director of Redevelopment & Housing
                          Fabian Guzman, Construction Manager           By Marty Ackerman at 1:58 pm, Apr 15, 2009




SUBJECT:                  Resolution Approving Grant Application to the U.S.
                          Department of Agriculture Rural Business Enterprise Grant
                          (“RBEG”) Program for $99,000 for use in completing portions
                          of the Stoesser Alley Master Plan

AGENDA ITEM:              April 28, 2009                                                                                             City
                          Council

RECOMMENDATION:
That the City Council adopt a resolution approving a grant application to the U.S.
Department of Agriculture Rural Business Enterprise Grants Program in the amount of
$99,000 for use in completing portions of the Stoesser Alley Master Plan.

BACKGROUND:
As part of the effort to revitalize downtown Watsonville, in concert with the construction
of the Civic Plaza building, the Watsonville/Aptos Adult School, and the new commercial
building constructed by Ramiro Romo on Second Street, the Council approved the
conceptual design of the Stoesser Alley Master Plan in April 2006. The master plan
focused on the creation of a pedestrian alleyway between West Beach and Second
Streets, and incorporated a number of other components in addition to the alleyway
itself. While much of the master plan has been constructed, several elements remain
incomplete, including reconstruction of the parking lot on Rodriguez Street near Second
Street and reconstruction of a trash enclosure in the parking lot, to provide the capacity
to service the existing users as well as the new businesses that will occupy the Civic
Plaza commercial space on Second Street and the new Romo building.

DISCUSSION:
The City has successfully applied for RBEG funding in the past, and has utilized several
RBEG grants on portions of the Stoesser Alley Master Plan, including the mid-block

                                                  Page 1 of 2
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crosswalk on Second Street between Stoesser Alley and the Civic Plaza and
landscaping at the intersection of Stoesser Alley and Second Street. Staff is requesting
additional funding to continue the effort to complete the trash enclosure and the parking
lot. In the event the grant is awarded, it must be matched by other funding on a one-to-
one basis. Funding to provide this match will be requested within the Redevelopment
Agency’s budget for 2009-10.

STRATEGIC PLAN:
This project is consistent with the City’s goal of economic development, as it will serve
additional new business in the downtown area.

FINANCIAL IMPACT:
In the event the grant request is successful, the City will receive $99,000, reducing the
amount of City and/or Agency funding necessary to complete the improvements. A
funding match will be required, and it is anticipated the matching funds will come from
the Redevelopment Agency 80% funds. There will be no fiscal impact on the City’s
General fund.

ALTERNATIVES: The Council could chose not to seek grant funds.

ATTACHMENTS: None

cc:     City Attorney




                                                  Page 2 of 2
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                                                                                                                               CITY COUNCIL 4.7




                                           RESOLUTION NO.      (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE AUTHORIZING AND DIRECTING THE CITY MANAGER
         ON BEHALF OF THE CITY OF WATSONVILLE TO SUBMIT A GRANT
         APPLICATION FOR $99,000 TO THE U.S. DEPARTMENT OF
         AGRICULTURE RURAL BUSINESS ENTERPRISE GRANT (“RBEG”)
         PROGRAM FOR USE IN COMPLETING PORTIONS OF THE STOESSER
         ALLEY PROMENADE MASTER PLAN, AND, IF AWARDED, TO
         EXECUTE A STANDARD AGREEMENT AND ANY AMENDMENTS
         THERETO; AND ANY DOCUMENTS NECESSARY TO IMPLEMENT THE
         GRANT

         WHEREAS, on April 11, 2006 the Council approved by motion the conceptual

design of the Stoesser Alley Promenade Master Plan as part of the effort to revitalize the

downtown area; and

         WHEREAS, staff is seeking approval to apply for the grant to assist with the on-

going infrastructure improvements of the Stoesser Alley Promenade Master Plan.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         1.       That the City Council hereby authorizes the submittal of a $99,000 grant

application, on behalf of the City of Watsonville, to the U.S. Department of Agriculture

Rural Business Enterprise Grants Program.

         2.       That the City Manager is hereby authorized and empowered to execute on

behalf of the City of Watsonville call necessary grant related documents, including but

not limited to, applications, agreements, and any necessary amendments.

         3.       That the City of Watsonville agrees to provide its share of $99,000 of

matching funds required for said grant program and to appropriate the cash match as

required.



Reso No.         (CM)                                                                                                                           1
Q:\COUNCIL\2009\042809\Stoesser Alley Grant Application.docx                 By Carlos J. Palacios at 11:51 am, Apr 23, 2009




ri 4/23/2009 9:06:20 AM                                         AJS ______ CJP ______ RAHD______                                By Marty Ackerman at 3:18 pm, Apr 22, 2009
         4.       That the City Manager of the City of Watsonville is authorized and directed,

if said grant is awarded, to appropriate the $99,000 to the Grants Fund.


                                          *******************************




Reso No.           (CM)                                                                     2
Q:\COUNCIL\2009\042809\Stoesser Alley Grant Application.docx
ri 4/22/2009 10:21:43 AM
                                                                                                                                   CITY COUNCIL 4.8




                                                                                 By Carlos J. Palacios at 10:49 am, Apr 16, 2009




                                                 City of Watsonville
                                                Police Department
                                              MEMORANDUM


DATE:                         April 14, 2009

TO:                           Carlos J. Palacios, City Manager


FROM:                         Manny Solano, Deputy Chief
                              Linda L. Peters, Administrative Services Manager

SUBJECT:                      Edward Byrne Memorial Competitive Grant Program

AGENDA ITEM:                  April 28, 2009                                                  City Council



RECOMMENDATION:

That City Council adopt a resolution authorizing the City Manager or his designee to submit an
application to the United States Department of Justice, Bureau of Justice Assistance, for the
Edward Byrne Memorial Competitive Grant Program for $267,856 for Fiscal Year 2009 to 2011
to hire two Police Service Specialists.

DISCUSSION:
Overview of the Edward Byrne Memorial Justice Assistance Grant Program
This grant program is authorized by the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (the “Recovery Act”) and by 42 U.S.C. 3751(a).

The stated purposes of the Recovery Act are: to preserve and create jobs and promote
economic recovery; to assist those most impacted by the recession; to provide investments
needed to increase economic efficiency by spurring technological advances in science and
health; to invest in transportation, environmental protection, and other infrastructure that will
provide long-term economic benefits; and to stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and counterproductive State and
local tax increases.



                                                          Page 1 of 4
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The Recovery Act places great emphasis on accountability and transparency in the use of
taxpayer dollars. Among other things, it creates a new Recovery Accountability and
Transparency Board and a new website – Recovery.gov – to provide information to the public,
including access to detailed information on grants and contracts made with Recovery Act
funds.

Purpose Areas

The Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA), through the
Recovery Act Edward Byrne Memorial Competitive Grant Program (Byrne Competitive
Program), will help communities improve the capacity of state and local justice systems and
provide for national support efforts including training and technical assistance programs
strategically targeted to address local needs. This competitive grant announcement focuses on
initiatives in eight areas:
     1. Preventing and reducing violent crime through community-based data-driven
         approaches;
     2. Providing funding for neighborhood-based probation and parole officers;
     3. Reducing mortgage fraud and crime related to vacant properties;
     4. Hiring of civilian support personnel in law enforcement (training staff, analysts,
         dispatchers, etc.);
     5. Enhancing forensic and crime scene investigations;
     6. Improving resources and services for victims of crime;
     7. Supporting problem-solving courts; and
     8. National training and technical assistance partnerships.

Priority will be given to applications that demonstrate the use of evidence-based practices
and/or data-driven strategies.

Program Award Categories
There are eight funded categories, they are:
   1. CATEGORY I: Comprehensive Community based data-driven approaches to preventing
      and reducing violent crime.
   2. CATEGORY II: Providing for funding of neighborhood probation and parole officers
   3. CATEGORY III: Reducing mortgage fraud and crime related to vacant properties
   4. CATEGORY IV: Hiring of civilian staff in law enforcement agencies
   5. CATEGORY V: Enhancing forensic and crime scene investigations
   6. CATEGORY VI: Improving resources and services for victims of crime
   7. CATEGORY VII: Supporting problem-solving courts
   8. CATEGORY VIII: National Training and Technical Assistance Partnerships

Funding Civilians in Police Department
The police department is requesting authorization to apply for CATEGORY IV: Hiring of
civilian staff in law enforcement agencies. The police department is applying for funding of
two police service specialists. One position is currently unfunded-frozen, and with the freezing
of additional sworn officers the second position would supplement existing patrol officers.

                                                               Page 2 of 4
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G:\Staff Reports\Ed Byrne Memorial Competitive Grant FY 2009-2011.docx
The Police Service Specialist duties are to respond and report past tense crimes with no
known suspect, assist police officers with investigating no arrest crimes, collecting evidence,
directing traffic, operating police radio equipment, and giving crime prevention talks. They
free-up sworn patrol officers by handling calls-for-service that would be dispatched to a sworn
officer such as:
    • Investigate, document and report past tense crime
    • Respond to calls and report missing persons
    • Lost & found property
    • Traffic control
    • Coordinate street closures
    • Assist residents with child safety seat inspection and installation
    • Document and report zoning and code violations
    • Crime scene investigation and collection of evidence

The fund amount for this initiative is still not known since the solicitation by the Bureau of
Justice Assistance was published. The project period for these awards is 24 months with a
project start date on or after July 31, 2009. No funding beyond the 24-month period is
anticipated.

STRATEGIC PLAN:
Using the Edward Byrne Memorial Competitive Grant Program funds to provide for two full
time police service specialists in the field with the goal of making sworn police officers more
available on the street in an effort to reduce and prevent crime. This strategy compliments and
supports the City Councils FY 2009-2011 Strategic Plan goal for public safety with an
emphasis on crime prevention.

FINANCIAL IMPACT:

This is a very competitive program in which eligibility extends from national, regional, state,
and local public and private entities, including for-profit (commercial) and nonprofit
organizations, faith-based and community organizations, institutions of higher education, tribal
jurisdictions, and units of local government to improve the functioning of the criminal justice
system, provide assistance to victims of crime (other than compensation).

The City of Watsonville’s grant program budget request is for two full time police service
specialists for two years commencing 8/1/2009 – 7/30/2011 totaling $267,856. One police
service specialist was frozen in FY 2008-2009 due to the General Fund deficit.

These funds will augment the police department’s patrol operations budget by providing for two
full time police service specialist paid through sources other than General Fund and improves
the police department’s capacity to prevent, reduce, and suppress crime using civilians to free
up existing sworn police personnel for reducing and preventing crime.

The civilian police service specialist financial and service level impact on police service
delivery is tremendous:

                                                               Page 3 of 4
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G:\Staff Reports\Ed Byrne Memorial Competitive Grant FY 2009-2011.docx
      •   1 PSS saves 1 sworn officer 1.5 hours per day in responding to not-in progress calls for
          a total of 1,596 hours/yr or .88 FTE officer time savings
      •   1 PSS responds to 2,476 calls annually where no report is required at 30 minutes/call or
          .68 FTE officer
      •   1 PSS = time savings for 1.56 FTE Police Officer
      •   2 PSS = 3.12 FTE Police Officers

ALTERNATIVES:
The Council may choose to not apply for these funds or choose a different funding category.

ATTACHMENTS:
None

cc:       City Attorney




                                                               Page 4 of 4
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                                                                                                                                      CITY COUNCIL 4.8




                                  RESOLUTION NO.__________ (CM)

          A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
          WATSONVILLE AUTHORIZING AND DIRECTING THE CITY MANAGER,
          OR HIS DESIGNEE, ON BEHALF OF THE CITY OF WATSONVILLE TO
          SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT
          OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR THE EDWARD
          BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM FOR $267,856
          FOR FISCAL YEARS 2009 TO 2011 TO HIRE TWO POLICE SERVICE
          SPECIALISTS; AND IF AWARDED, TO EXECUTE A STANDARD
          AGREEMENT AND ANY AMENDMENTS THERETO AND ANY
          NECESSARY DOCUMENTS

          WHEREAS, the Office of Justice Programs Bureau of Justice Assistance, through

the Recovery Act Edward Byrne Memorial Competitive Grant Program will help

communities improve the capacity of state and local justice systems and provide for

national support efforts including training and technical assistance programs strategically

targeted to address local needs; and

          WHEREAS, cities funded by the grant program are eligible to receive funding

under the program for specific purpose areas such as: prevention and reduction of

violent    crime     through      community based        data-driven    approaches,                             funding                   for

neighbourhood probation and parole officers, reduction of mortgage fraud and crimes

related to vacant properties, hiring of civilian staff in law enforcement agencies,

enhancing forensic and crime scene investigations, improving resources and services for

victims of crime, supporting problem-solving courts, and National Training and Technical

Assistance Partnerships; and

          WHEREAS, the City of Watsonville’s Strategic Plan 2009-2011 public safety goal

is to prevent, reduce and suppress crime; and

          WHEREAS, the Watsonville Police Department is requesting authorization to

apply for Category IV: Hiring of civilian staff in law enforcement agencies; and

Reso No.         (CM)                                                                                                                      1
Q:\COUNCIL\2009\042809\Edward Byrne Grant Program.docx                              By Carlos J. Palacios at 12:02 pm, Apr 23, 2009




ri 4/23/2009 5:07:59 PM                                                AJS ______ CJP ______ PD ______
        WHEREAS, if awarded, the grant program would provide funding for (2) two full

time police service specialists for (2) two years commencing August 1, 2009 to July 30,

2011; and

        WHEREAS, the City Council of the City of Watsonville, a municipal corporation of

the State of California, wishes to apply for the U.S. Department of Justice under the

Edward Byrne Memorial Competitive Grant Program, in the amount of $267,856.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That the City Manager of the City of Watsonville, or his designee, on behalf

of the City of Watsonville, is authorized and directed to submit an application to the

United States Department of Justice under the Edward Byrne Memorial Competitive

Grant Program for $267,856 to fund (2) two police service specialists commencing

August 1, 2009, to July 30, 2011.

        2.       That the City Manager of the City of Watsonville, or his designee, is

authorized and directed to execute in the name of the City of Watsonville, the

application, a standard agreement, and all other documents required by the United

States Department of Justice under the Edward Byrne Memorial Competitive Grant

Program, and any amendments thereto, as well as any necessary documents.

        3.       That the City Manager is authorized and directed, if said grant is awarded,

to appropriate the grant fund of $267,856 to the Police Department budget.



                                 ******************************************




Reso No.         (CM)                                                                          2
Q:\COUNCIL\2009\042809\Edward Byrne Grant Program.docx
ri 4/23/2009 5:07:59 PM
                                                                                                                                    CITY COUNCIL 4.9




                                                                                  By Carlos J. Palacios at 12:02 pm, Apr 16, 2009




                                                    City of Watsonville
                                                  Police Department
                                                MEMORANDUM


DATE:                          April 14, 2009

TO:                            Carlos J. Palacios, City Manager


FROM:                          Manny Solano, Deputy Chief
                               Linda L. Peters, Administrative Services Manager

SUBJECT:                       Edward Byrne Memorial Justice Assistance Grant

AGENDA ITEM:                   April 28, 2009                                               City Council



RECOMMENDATION:

That City Council adopt a resolution authorizing the City Manager or his designee submit an
application to the United States Department of Justice, Bureau of Justice Assistance, for the
Edward Byrne Memorial Justice Assistance Grant Formula Program for $148,658 for Fiscal
Year 2009 to 2012 to fund police officer overtime for violent crime suppression activities.

DISCUSSION:
Overview of the Edward Byrne Memorial Justice Assistance Grant Program
This grant program is authorized by the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (the “Recovery Act”) and by 42 U.S.C. 3751(a).

The stated purposes of the Recovery Act are: to preserve and create jobs and promote
economic recovery; to assist those most impacted by the recession; to provide investments
needed to increase economic efficiency by spurring technological advances in science and
health; to invest in transportation, environmental protection, and other infrastructure that will
provide long-term economic benefits; and to stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and counterproductive State and
local tax increases.



                                                              Page 1 of 3
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G:\Staff Reports\Justice Assistance Grant FY 2009-2012.docx
The Recovery Act places great emphasis on accountability and transparency in the use of
taxpayer dollars. Among other things, it creates a new Recovery Accountability and
Transparency Board and a new website – Recovery.gov – to provide information to the public,
including access to detailed information on grants and contracts made with Recovery Act
funds.

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider
of federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system, from multijurisdictional drug and gang task forces to
crime prevention and domestic violence programs, courts, corrections, treatment, and justice
information sharing initiatives. JAG funded projects may address crime through the provision of
services directly to individuals and/or communities and by improving the effectiveness and
efficiency of criminal justice systems, processes, and procedures. Established to streamline
justice funding and grant administration, the JAG Program allows states, tribes, and local
governments to support a broad range of activities to prevent and control crime based on their
own local needs and conditions. JAG blends the previous Byrne Formula and Local Law
Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize
and place justice funds where they are needed most.

Purpose Areas
JAG funds may be used for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, and contractual support, information systems for criminal justice, and
criminal justice-related research and evaluation activities that will improve or enhance:

          Law enforcement programs
          Prosecution and court programs
          Prevention and education programs
          Corrections and community corrections programs
          Drug treatment and enforcement programs
          Planning, evaluation, and technology improvement programs
          Crime victim and witness programs (other than compensation).

Prohibited uses of JAG funds include:
      Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft
      (excluding police helicopters)
      Luxury items
      Real estate
      Construction projects (other than penal or correctional institutions)
      Any similar matters


STRATEGIC PLAN:
Using the JAG funds to increase police officer hours on the street focused on suppressing
violent crime compliments and supports the City Councils FY 2009-2011 Strategic Plan goal
for public safety with an emphasis on crime prevention.

                                                              Page 2 of 3
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FINANCIAL IMPACT:

Formula Determining Jurisdiction and Allocation Amount
The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base
allocation which, based on the statutory JAG formula, can be enhanced by (1) the state’s
share of the national population and (2) the state’s share of the country’s Part 1 violent crime
statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the
state and 40 percent to eligible units of local government. States also have a variable
percentage of the allocation that is required to “pass through” to units of local government. This
amount, also calculated by BJS, is based on each state’s crime expenditures. Additionally, the
formula calculates direct allocations for local governments within each state, based on their
share of the total violent crime reported within the state. Local governments that are entitled to
at least $10,000 awards may apply directly to BJA for Local JAG grants, as is the case for the
City of Watsonville.

Beginning in 2009, the formula calculation for the local portion of the JAG statute has changed
significantly as a result of final implementation of the JAG statute. The statute, 42 U.S.C.
3755(d)(2)(B), specifies that for Fiscal Years 2005 through 2008, allocations to units of local
government would follow the Local Law Enforcement Block Grant (LLEBG) formula. Pursuant
to the statute, however, calculations for FY 2009 (and subsequent JAG calculations) require
that units of local government must have submitted to the FBI at least three years of Uniform
Crime Report (UCR) data during the most-recent ten-year period for which UCR data are
available (here, 1998-2007) in order to be eligible. The JAG allocation list established by the
Bureau of Justice Statistics (BJS), and indicates the amount for which each unit of local
government is eligible to apply. For a listing of eligible units refer to attachment 1.

The City of Watsonville’s allocation is $148,658 and can be used from 10/1/2008 – 9/30/2012.
The police department is requesting to use these funds to pay for overtime hours to police
officers focused on violent crime suppression in the City. We are requesting half the funds,
$74,329, for FY 2009-2010 and the other half, $74,329, for FY 2010-2011 budget.

These funds will augment the police department’s overtime budget by providing for more
overtime hours paid through sources other than General Fund and improves the police
department’s capacity to prevent, reduce, and suppress violent criminal activity using existing
police personnel.

ALTERNATIVES:
The Council may choose to allocate this one-time award to law enforcement equipment rather
than police officer overtime directed at violent crime suppression activities.

ATTACHMENTS:
(1) California Justice Assistance Grant Allocation List


cc:       City Attorney
                                                              Page 3 of 3
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G:\Staff Reports\Justice Assistance Grant FY 2009-2012.docx
California FY 2009 Justice Assistance Grant Allocation List - Bureau of Justice
Statistics
Listing of Eligible Units of Local Governments and Eligible Amounts
                                                      Eligible Individual   Eligible Joint
State      Jurisdiction Name    Government Type
                                                          Allocation         Allocation
 CA       ALAMEDA COUNTY             County                $274,653
 CA         OAKLAND CITY            Municipal             $3,311,680
 CA         ALAMEDA CITY            Municipal              $104,282
 CA          ALBANY CITY            Municipal               $24,407
 CA         BERKELEY CITY           Municipal              $293,988
 CA        EMERYVILLE CITY          Municipal               $52,458
 CA         FREMONT CITY            Municipal              $268,789
 CA         HAYWARD CITY            Municipal              $364,196
 CA        LIVERMORE CITY           Municipal               $72,427
 CA          NEWARK CITY            Municipal               $96,675
 CA       PLEASANTON CITY           Municipal               $35,976
 CA       SAN LEANDRO CITY          Municipal              $263,400
 CA           UNION CITY            Municipal              $207,455
 CA           DUBLIN CITY           Municipal               $38,036          $5,408,422

 CA        BUTTE COUNTY              County                $96,041
 CA         CHICO CITY              Municipal             $154,522            $250,563

 CA     CONTRA COSTA COUNTY          County               $299,535
 CA          ANTIOCH CITY           Municipal             $328,062
 CA        BRENTWOOD CITY           Municipal              $54,994
 CA         CONCORD CITY            Municipal             $240,896
 CA        EL CERRITO CITY          Municipal              $87,166
 CA         HERCULES CITY           Municipal              $23,614
 CA          MARTINEZ CITY          Municipal              $53,092
 CA           PINOLE CITY           Municipal              $58,322
 CA         PITTSBURG CITY          Municipal             $113,474
 CA         RICHMOND CITY           Municipal             $573,395
 CA         SAN PABLO CITY          Municipal             $155,314
 CA      WALNUT CREEK CITY          Municipal              $52,775
 CA           OAKLEY CITY           Municipal              $45,009
 CA         DANVILLE TOWN           Municipal              $15,214
 CA        SAN RAMON CITY           Municipal              $29,161
 CA       PLEASANT HILL CITY        Municipal              $61,492
 CA         LAFAYETTE CITY          Municipal              $12,203           $2,203,718

 CA        FRESNO COUNTY             County               $333,133
 CA          FRESNO CITY            Municipal            $1,658,376
 CA          CLOVIS CITY            Municipal              $68,465
 CA         COALINGA CITY           Municipal              $26,625
 CA          HURON CITY             Municipal              $25,991
 CA          KERMAN CITY            Municipal              $14,897
 CA          PARLIER CITY           Municipal              $46,119
 CA         REEDLEY CITY            Municipal              $66,088
 CA          SANGER CITY            Municipal              $48,972
 CA           SELMA CITY            Municipal              $45,009           $2,333,675

 CA        GLENN COUNTY              County                   *
 CA         ORLAND CITY             Municipal              $14,739
 CA        WILLOWS CITY             Municipal              $15,056            $29,795

 CA      HUMBOLDT COUNTY             County                $59,748
 CA        EUREKA CITY              Municipal              $94,298            $154,046

 CA       IMPERIAL COUNTY            County                $69,891
 CA        EL CENTRO CITY           Municipal             $149,292            $219,183

 CA     LOS ANGELES COUNTY           County               $3,571,118
 CA       LOS ANGELES CITY          Municipal            $14,279,243



                                       Page 4 of 12                                       Attachment 1
                                                     Eligible Individual   Eligible Joint
State      Jurisdiction Name    Government Type
                                                         Allocation         Allocation
 CA          ALHAMBRA CITY         Municipal              $143,111
 CA            ARCADIA CITY        Municipal               $71,159
 CA             AVALON CITY        Municipal               $13,630
 CA              AZUSA CITY        Municipal               $93,347
 CA       BALDWIN PARK CITY        Municipal              $151,669
 CA               BELL CITY        Municipal               $79,717
 CA       BEVERLY HILLS CITY       Municipal               $67,514
 CA            BURBANK CITY        Municipal              $122,350
 CA         CLAREMONT CITY         Municipal               $37,244
 CA           COMPTON CITY         Municipal              $796,540
 CA             COVINA CITY        Municipal               $95,090
 CA             CULVER CITY        Municipal               $90,336
 CA           CERRITOS CITY        Municipal               $76,865
 CA           EL MONTE CITY        Municipal              $320,930
 CA        EL SEGUNDO CITY         Municipal               $16,799
 CA           GARDENA CITY         Municipal              $229,802
 CA           GLENDALE CITY        Municipal              $173,223
 CA          GLENDORA CITY         Municipal               $33,599
 CA        HAWTHORNE CITY          Municipal              $302,387
 CA      HERMOSA BEACH CITY        Municipal               $28,527
 CA     HUNTINGTON PARK CITY       Municipal              $274,811
 CA         INGLEWOOD CITY         Municipal              $498,273
 CA          LAKEWOOD CITY         Municipal              $195,728
 CA          LA PUENTE CITY        Municipal              $113,158
 CA           LA VERNE CITY        Municipal               $33,123
 CA        LONG BEACH CITY         Municipal             $1,623,668
 CA           LYNWOOD CITY         Municipal              $331,231
 CA     MANHATTAN BEACH CITY       Municipal               $27,576
 CA          MAYWOOD CITY          Municipal               $75,597
 CA          MONROVIA CITY         Municipal               $64,503
 CA        MONTEBELLO CITY         Municipal              $127,104
 CA      MONTEREY PARK CITY        Municipal               $80,668
 CA          PASADENA CITY         Municipal              $342,008
 CA            POMONA CITY         Municipal              $590,353
 CA      REDONDO BEACH CITY        Municipal               $97,785
 CA       SAN FERNANDO CITY        Municipal               $58,164
 CA        SAN GABRIEL CITY        Municipal               $98,260
 CA       SANTA MONICA CITY        Municipal              $275,287
 CA         SIGNAL HILL CITY       Municipal               $30,587
 CA        SOUTH GATE CITY         Municipal              $255,159
 CA     SOUTH PASADENA CITY        Municipal               $19,018
 CA          TORRANCE CITY         Municipal              $161,178
 CA            VERNON CITY         Municipal               $23,297
 CA        WEST COVINA CITY        Municipal              $184,000
 CA           WHITTIER CITY        Municipal              $152,145
 CA            DOWNEY CITY         Municipal              $224,255
 CA             MALIBU CITY        Municipal               $11,411
 CA     WEST HOLLYWOOD CITY        Municipal              $156,741
 CA       SANTA CLARITA CITY       Municipal              $174,332
 CA        DIAMOND BAR CITY        Municipal               $55,152
 CA        BELLFLOWER CITY         Municipal              $240,579
 CA             DUARTE CITY        Municipal               $45,009
 CA           INDUSTRY CITY        Municipal               $59,590
 CA          IRWINDALE CITY        Municipal               $10,618
 CA           NORWALK CITY         Municipal              $261,023
 CA        PARAMOUNT CITY          Municipal              $208,882
 CA        PICO RIVERA CITY        Municipal              $148,182
 CA     SANTA FE SPRINGS CITY      Municipal               $68,782
 CA      SOUTH EL MONTE CITY       Municipal               $64,344



                                      Page 5 of 12                                      Attachment 1
                                                     Eligible Individual   Eligible Joint
State      Jurisdiction Name    Government Type
                                                         Allocation         Allocation
 CA          WALNUT CITY           Municipal               $23,297
 CA          ARTESIA CITY          Municipal               $47,387
 CA        COMMERCE CITY           Municipal               $65,454
 CA         LAWNDALE CITY          Municipal              $104,124
 CA       BELL GARDENS CITY        Municipal              $124,093
 CA          CUDAHY CITY           Municipal               $61,175
 CA         LA MIRADA CITY         Municipal               $55,152
 CA         SAN DIMAS CITY         Municipal               $39,621
 CA          TEMPLE CITY           Municipal               $36,610
 CA        ROSEMEAD CITY           Municipal              $113,633
 CA        LANCASTER CITY          Municipal              $597,643
 CA       AGOURA HILLS CITY        Municipal               $21,712
 CA     HAWAIIAN GARDENS CITY      Municipal              $71,318
 CA          LOMITA CITY           Municipal              $50,873
 CA         PALMDALE CITY          Municipal             $487,180
 CA          CARSON CITY           Municipal             $327,745
        RANCHO PALOS VERDES
 CA                                Municipal              $19,969
                CITY
        LA CANADA FLINTRIDGE
 CA                                Municipal              $11,411          $30,514,178
                CITY

 CA        MONO COUNTY              County                   *
 CA     MAMMOTH LAKES TOWN         Municipal              $16,958            $16,958

 CA       MONTEREY COUNTY           County               $104,441
 CA         GONZALES CITY          Municipal              $19,652
 CA          SEASIDE CITY          Municipal              $91,604
 CA         SOLEDAD CITY           Municipal              $26,784
 CA          MARINA CITY           Municipal              $32,489
 CA          SALINAS CITY          Municipal             $523,314
 CA        GREENFIELD CITY         Municipal              $33,757
 CA           KING CITY            Municipal              $26,308
 CA        MONTEREY CITY           Municipal              $82,253            $940,602

 CA         NAPA COUNTY             County                $25,991
 CA           NAPA CITY            Municipal             $159,752
 CA     AMERICAN CANYON CITY       Municipal              $17,592            $203,335

 CA         ORANGE COUNTY           County               $105,233
 CA           ANAHEIM CITY         Municipal             $723,162
 CA             BREA CITY          Municipal              $38,195
 CA        BUENA PARK CITY         Municipal             $142,160
 CA        COSTA MESA CITY         Municipal             $137,881
 CA           LA PALMA CITY        Municipal              $14,264
 CA         FULLERTON CITY         Municipal             $210,150
 CA       GARDEN GROVE CITY        Municipal             $330,439
 CA     HUNTINGTON BEACH CITY      Municipal             $197,946
 CA       LAGUNA BEACH CITY        Municipal              $22,505
 CA          LA HABRA CITY         Municipal              $92,079
 CA      NEWPORT BEACH CITY        Municipal              $67,197
 CA           ORANGE CITY          Municipal             $125,044
 CA          PLACENTIA CITY        Municipal              $50,556
 CA       SAN CLEMENTE CITY        Municipal              $39,779
 CA         SANTA ANA CITY         Municipal             $917,622
 CA         SEAL BEACH CITY        Municipal              $19,177
 CA           STANTON CITY         Municipal              $74,012
 CA            TUSTIN CITY         Municipal              $82,412
 CA        LAKE FOREST CITY        Municipal              $49,288



                                      Page 6 of 12                                       Attachment 1
                                                     Eligible Individual   Eligible Joint
State      Jurisdiction Name    Government Type
                                                         Allocation         Allocation
 CA       LAGUNA HILLS CITY        Municipal               $24,565
            RANCHO SANTA
 CA                                Municipal              $15,373
            MARGARITA CITY
 CA        ALISO VIEJO CITY        Municipal              $16,007
 CA       MISSION VIEJO CITY       Municipal              $41,523
 CA        DANA POINT CITY         Municipal              $24,723
 CA      LAGUNA NIGUEL CITY        Municipal              $25,833
 CA     FOUNTAIN VALLEY CITY       Municipal              $44,217
 CA          CYPRESS CITY          Municipal              $36,451
 CA       LOS ALAMITOS CITY        Municipal              $13,313
 CA       WESTMINSTER CITY         Municipal             $161,654
        SAN JUAN CAPISTRANO
 CA                                Municipal              $27,735
                  CITY
 CA        YORBA LINDA CITY        Municipal              $22,822
 CA           IRVINE CITY          Municipal              $66,563           $3,959,880

 CA        PLACER COUNTY            County                $97,626
 CA        ROSEVILLE CITY          Municipal             $178,770            $276,396

 CA      SAN BENITO COUNTY          County                $21,554
 CA        HOLLISTER CITY          Municipal              $75,280            $96,834

           SAN BERNARDINO
 CA                                 County               $541,857
                COUNTY
 CA         BARSTOW CITY           Municipal             $145,330
 CA           CHINO CITY           Municipal             $106,184
 CA          COLTON CITY           Municipal             $135,662
 CA         FONTANA CITY           Municipal             $395,100
 CA          NEEDLES CITY          Municipal              $21,237
 CA          ONTARIO CITY          Municipal             $432,820
 CA         REDLANDS CITY          Municipal             $157,216
 CA           RIALTO CITY          Municipal             $358,015
 CA      SAN BERNARDINO CITY       Municipal            $1,058,197
 CA          UPLAND CITY           Municipal             $133,602
 CA        CHINO HILLS CITY        Municipal              $47,704
 CA       YUCCA VALLEY CITY        Municipal              $39,779
 CA     TWENTYNINE PALMS CITY      Municipal              $45,009
 CA          HESPERIA CITY         Municipal             $124,568
 CA         HIGHLAND CITY          Municipal             $120,289
 CA      APPLE VALLEY TOWN         Municipal             $121,874
 CA          YUCAIPA CITY          Municipal              $34,074
 CA         MONTCLAIR CITY         Municipal             $112,841
         RANCHO CUCAMONGA
 CA                                Municipal             $175,917
                 CITY
 CA      GRAND TERRACE CITY        Municipal              $10,143
 CA       BIG BEAR LAKE CITY       Municipal              $22,505
 CA        VICTORVILLE CITY        Municipal             $262,291
 CA         ADELANTO CITY          Municipal              $61,492
 CA        LOMA LINDA CITY         Municipal              $13,313           $4,677,019

 CA       SAN DIEGO COUNTY          County               $743,448
 CA         SAN DIEGO CITY         Municipal            $3,062,860
 CA         CARLSBAD CITY          Municipal             $143,111
 CA        CHULA VISTA CITY        Municipal             $442,963
 CA        CORONADO CITY           Municipal              $11,252
 CA         EL CAJON CITY          Municipal             $235,349
 CA        ESCONDIDO CITY          Municipal             $326,794
 CA      IMPERIAL BEACH CITY       Municipal              $72,427



                                      Page 7 of 12                                       Attachment 1
                                                    Eligible Individual   Eligible Joint
State      Jurisdiction Name   Government Type
                                                        Allocation         Allocation
 CA         LA MESA CITY          Municipal              $106,818
 CA         NATIONAL CITY         Municipal              $222,511
 CA        OCEANSIDE CITY         Municipal              $448,351
 CA      SOLANA BEACH CITY        Municipal               $12,045
 CA        ENCINITAS CITY         Municipal               $78,133
 CA          POWAY CITY           Municipal               $47,545
 CA          SANTEE CITY          Municipal               $73,061
 CA       SAN MARCOS CITY         Municipal              $128,372
 CA           VISTA CITY          Municipal              $238,043
 CA      LEMON GROVE CITY         Municipal               $76,865          $6,469,948

 CA      SAN JOAQUIN COUNTY        County               $468,320
 CA        STOCKTON CITY          Municipal            $2,013,697
 CA            LODI CITY          Municipal             $116,486
 CA         MANTECA CITY          Municipal             $119,814
 CA           RIPON CITY          Municipal              $12,362
 CA           TRACY CITY          Municipal              $66,405
 CA         ESCALON CITY          Municipal              $12,679           $2,809,763

 CA      SAN MATEO COUNTY          County               $108,086
 CA       BURLINGAME CITY         Municipal              $31,697
 CA            DALY CITY          Municipal             $137,564
 CA       MENLO PARK CITY         Municipal              $37,561
 CA         MILLBRAE CITY         Municipal              $17,750
 CA         REDWOOD CITY          Municipal             $162,288
 CA        SAN BRUNO CITY         Municipal              $59,907
 CA        SAN CARLOS CITY        Municipal              $13,788
 CA        SAN MATEO CITY         Municipal             $163,872
        SOUTH SAN FRANCISCO
 CA                               Municipal              $92,238
                 CITY
 CA          PACIFICA CITY        Municipal              $33,123
 CA      EAST PALO ALTO CITY      Municipal             $155,790
 CA          FOSTER CITY          Municipal              $12,837           $1,026,501


 CA     SANTA BARBARA COUNTY       County                $86,215
 CA         LOMPOC CITY           Municipal             $116,486
 CA      SANTA BARBARA CITY       Municipal             $231,862
 CA       SANTA MARIA CITY        Municipal             $308,568
 CA         GOLETA CITY           Municipal              $21,554
 CA       CARPINTERIA CITY        Municipal              $12,520            $777,205

 CA      SANTA CLARA COUNTY        County               $166,091
 CA          CAMPBELL CITY        Municipal              $39,462
 CA         CUPERTINO CITY        Municipal              $34,549
 CA           GILROY CITY         Municipal             $108,878
 CA        LOS GATOS TOWN         Municipal              $16,958
 CA           MILPITAS CITY       Municipal              $88,117
 CA       MORGAN HILL CITY        Municipal              $32,331
 CA      MOUNTAIN VIEW CITY       Municipal             $133,126
 CA         PALO ALTO CITY        Municipal              $34,391
 CA          SAN JOSE CITY        Municipal            $1,713,528
 CA       SANTA CLARA CITY        Municipal              $95,249
 CA         SUNNYVALE CITY        Municipal              $90,336
 CA         SARATOGA CITY         Municipal              $12,045           $2,565,061

 CA      SANTA CRUZ COUNTY         County               $137,723
 CA       SANTA CRUZ CITY         Municipal             $219,183            $356,906




                                     Page 8 of 12                                       Attachment 1
                                                     Eligible Individual   Eligible Joint
State      Jurisdiction Name    Government Type
                                                         Allocation         Allocation
 CA        SHASTA COUNTY            County                $127,421
 CA         REDDING CITY           Municipal              $220,768           $348,189

 CA        SOLANO COUNTY            County                $76,072
 CA          BENICIA CITY          Municipal              $27,893
 CA           DIXON CITY           Municipal              $35,183
 CA         FAIRFIELD CITY         Municipal             $296,523
 CA          SUISUN CITY           Municipal              $60,382
 CA        VACAVILLE CITY          Municipal             $127,580
 CA          VALLEJO CITY          Municipal             $391,297           $1,014,930

 CA        SONOMA COUNTY            County               $279,090
 CA        SANTA ROSA CITY         Municipal             $425,212            $704,302

 CA      STANISLAUS COUNTY          County               $413,009
 CA        MODESTO CITY            Municipal             $669,436           $1,082,445

 CA        SUTTER COUNTY            County                $69,574
 CA          YUBA CITY             Municipal             $108,245            $177,819

 CA         TULARE COUNTY           County               $238,677
 CA           VISALIA CITY         Municipal             $410,949
 CA           DINUBA CITY          Municipal              $79,876
 CA          EXETER CITY           Municipal              $20,920
 CA          LINDSAY CITY          Municipal              $38,036
 CA        PORTERVILLE CITY        Municipal             $126,153
 CA          TULARE CITY           Municipal             $214,587
 CA         WOODLAKE CITY          Municipal              $18,067
 CA       FARMERSVILLE CITY        Municipal              $23,614           $1,170,879

 CA       VENTURA COUNTY            County                $91,604
 CA        FILLMORE CITY           Municipal              $27,893
 CA         OXNARD CITY            Municipal             $398,746
 CA      PORT HUENEME CITY         Municipal              $48,021
 CA     SAN BUENAVENTURA CITY      Municipal             $158,484
 CA       SANTA PAULA CITY         Municipal              $46,753
 CA        MOORPARK CITY           Municipal              $20,761
 CA        CAMARILLO CITY          Municipal              $47,862
 CA      THOUSAND OAKS CITY        Municipal              $79,559
 CA        SIMI VALLEY CITY        Municipal              $87,483           $1,007,166

 CA         YOLO COUNTY             County                $15,373
 CA          DAVIS CITY            Municipal              $96,675
 CA        WOODLAND CITY           Municipal              $67,197
 CA     WEST SACRAMENTO CITY       Municipal             $183,841            $363,086


 CA        AMADOR COUNTY            County                $36,927
 CA        ANDERSON CITY           Municipal              $22,346
 CA          ARCATA CITY           Municipal              $24,407
 CA      ARROYO GRANDE CITY        Municipal              $18,543
 CA           ARVIN CITY           Municipal              $34,391
 CA       ATASCADERO CITY          Municipal              $46,119
 CA         ATWATER CITY           Municipal              $48,655
 CA          AUBURN CITY           Municipal              $26,784
 CA          AVENAL CITY           Municipal              $22,663
 CA       BAKERSFIELD CITY         Municipal             $830,773
 CA         BANNING CITY           Municipal              $95,724



                                      Page 9 of 12                                       Attachment 1
                                                      Eligible Individual   Eligible Joint
State      Jurisdiction Name     Government Type
                                                          Allocation         Allocation
 CA         BEAUMONT CITY           Municipal               $30,112
 CA           BISHOP CITY           Municipal               $10,777
 CA           BLYTHE CITY           Municipal               $58,322
 CA          BRAWLEY CITY           Municipal               $33,440
 CA       CALAVERAS COUNTY           County                 $35,659
 CA          CALEXICO CITY          Municipal               $55,311
 CA        CALIFORNIA CITY          Municipal               $25,516
 CA          CAPITOLA CITY          Municipal               $34,233
 CA        CATHEDRAL CITY           Municipal              $109,195
 CA           CERES CITY            Municipal               $85,898
 CA        CHOWCHILLA CITY          Municipal               $14,897
 CA         CLEARLAKE CITY          Municipal               $30,746
 CA        CLOVERDALE CITY          Municipal               $14,739
 CA        COACHELLA CITY           Municipal              $112,841
 CA        COLUSA COUNTY             County                 $16,482
 CA         CORCORAN CITY           Municipal               $26,625
 CA          CORNING CITY           Municipal               $24,090
 CA          CORONA CITY            Municipal              $156,741
 CA           COTATI CITY           Municipal               $21,237
 CA         CRESCENT CITY           Municipal               $17,433
 CA       DEL NORTE COUNTY           County                 $30,112
 CA           DELANO CITY           Municipal              $131,225
         DESERT HOT SPRINGS
 CA                                 Municipal             $131,383
                  CITY
 CA         DOS PALOS CITY          Municipal              $18,384
 CA       EL DORADO COUNTY           County               $153,888
 CA     EL PASO DE ROBLES CITY      Municipal              $48,338
 CA          FOLSOM CITY            Municipal              $45,009
 CA       FORT BRAGG CITY           Municipal              $19,969
 CA         FORTUNA CITY            Municipal              $10,777
 CA            GALT CITY            Municipal              $38,512
 CA      GRASS VALLEY CITY          Municipal              $34,866
 CA          GRIDLEY CITY           Municipal              $28,527
 CA      GROVER BEACH CITY          Municipal              $26,150
 CA          GUSTINE CITY           Municipal              $11,252
 CA         HANFORD CITY            Municipal              $83,521
 CA           HEMET CITY            Municipal             $218,708
 CA            INDIO CITY           Municipal             $163,872
 CA          INYO COUNTY             County                $35,659
 CA         JACKSON CITY            Municipal              $17,275
 CA          KERN COUNTY             County               $875,465
 CA         KINGS COUNTY             County                $64,028
 CA         LA QUINTA CITY          Municipal              $69,416
 CA          LAKE COUNTY             County                $89,385
 CA      LAKE ELSINORE CITY         Municipal              $88,276
 CA        LASSEN COUNTY             County                $20,127
 CA         LEMOORE CITY            Municipal              $39,304
 CA          LINCOLN CITY           Municipal              $25,040
 CA        LIVINGSTON CITY          Municipal              $37,085
 CA        LOS BANOS CITY           Municipal             $100,479
 CA          MADERA CITY            Municipal             $197,946
 CA        MADERA COUNTY             County               $144,220
 CA         MARIN COUNTY             County                $75,755
 CA       MARIPOSA COUNTY            County                $24,565
 CA        MARYSVILLE CITY          Municipal              $65,137
 CA      MENDOCINO COUNTY            County               $151,511
 CA          MERCED CITY            Municipal             $283,052
 CA        MERCED COUNTY             County               $225,364



                                      Page 10 of 12                                      Attachment 1
                                                       Eligible Individual   Eligible Joint
State      Jurisdiction Name      Government Type
                                                           Allocation         Allocation
 CA       MORENO VALLEY CITY         Municipal              $435,672
 CA           MURRIETA CITY          Municipal               $55,945
 CA          NEVADA COUNTY            County                 $74,170
 CA           NEWMAN CITY            Municipal               $11,252
 CA            NORCO CITY            Municipal               $41,681
 CA            NOVATO CITY           Municipal               $60,858
 CA           OAKDALE CITY           Municipal               $22,346
 CA           OROVILLE CITY          Municipal               $78,767
 CA        PALM DESERT CITY          Municipal               $64,344
 CA        PALM SPRINGS CITY         Municipal              $151,986
 CA          PARADISE TOWN           Municipal               $22,822
 CA         PATTERSON CITY           Municipal               $18,543
 CA            PERRIS CITY           Municipal              $151,511
 CA          PETALUMA CITY           Municipal              $103,332
 CA        PISMO BEACH CITY          Municipal               $16,482
 CA         PLACERVILLE CITY         Municipal               $24,248
 CA          PLUMAS COUNTY            County                 $34,233
 CA       RANCHO MIRAGE CITY         Municipal               $15,214
 CA          RED BLUFF CITY          Municipal               $71,318
 CA         RIDGECREST CITY          Municipal               $63,394
 CA          RIVERBANK CITY          Municipal               $23,931
 CA          RIVERSIDE CITY          Municipal              $928,874
 CA        RIVERSIDE COUNTY           County               $1,028,719
 CA           ROCKLIN CITY           Municipal               $38,829
 CA       ROHNERT PARK CITY          Municipal              $114,425
 CA        SACRAMENTO CITY           Municipal             $2,527,660
 CA      SACRAMENTO COUNTY            County               $1,936,990
 CA       SAN ANSELMO TOWN           Municipal               $12,679
        SAN FRANCISCO CITY AND
 CA                                  Municipal            $3,000,418
                 COUNTY
 CA         SAN JACINTO CITY         Municipal              $66,088
 CA      SAN LUIS OBISPO CITY        Municipal              $78,925
 CA     SAN LUIS OBISPO COUNTY        County               $103,015
 CA        SAN RAFAEL CITY           Municipal             $109,195
 CA          SHAFTER CITY            Municipal              $28,844
 CA        SISKIYOU COUNTY            County                $27,893
 CA          SONOMA CITY             Municipal              $18,226
 CA     SOUTH LAKE TAHOE CITY        Municipal              $70,050
 CA        SUSANVILLE CITY           Municipal              $26,467
 CA            TAFT CITY             Municipal              $16,641
 CA        TEHAMA COUNTY              County               $118,387
 CA         TEMECULA CITY            Municipal             $119,338
 CA         TRINITY COUNTY            County                $12,679
 CA          TRUCKEE CITY            Municipal              $20,920
 CA       TUOLUMNE COUNTY             County                $55,945
 CA          TURLOCK CITY            Municipal             $212,210
 CA           UKIAH CITY             Municipal              $46,119
 CA        WATERFORD CITY            Municipal              $19,652
 CA       WATSONVILLE CITY           Municipal             $148,658
 CA           WILLITS CITY           Municipal              $17,592
 CA         WINDSOR TOWN             Municipal              $41,206
 CA           YREKA CITY             Municipal              $21,237
 CA          YUBA COUNTY              County                $98,735

               Local total                                $89,712,677

            State of California                           $135,641,945




                                       Page 11 of 12                                      Attachment 1
                                                                            Eligible Individual   Eligible Joint
                 State      Jurisdiction Name          Government Type
                                                                                Allocation         Allocation
                          Grand total for California                           $225,354,622




 * Counties that have an asterisk (*) under the “Eligible Individual Allocation” column are ineligible for a direct FY 09 Recovery Act -
 Edward Byrne Memorial Justice Assistance Grant (JAG) award from BJA. For JAG purposes, these counties remain a partner with
the jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is
                                               provided online at: http://www.ojp.usdoj.gov/BJA/recoveryJAG/JAGrecoveryMOU.pdf.
     ** Shaded allocation amounts for disparate jurisdictions appearing in the “Eligible Individual Allocation” column are suggested
         amounts based on what each jurisdiction would have been eligible to receive if there was no identified disparity. Disparate
 jurisdictions are responsible for determining individual allocations and documenting individual allocations in the MOU. Additional
           JAG Frequently Asked Questions can be found on the BJA JAG web page at: http://www.ojp.usdoj.gov/BJA/recoveryJAG/
                                                                                                                  JAGrecoveryFAQ.pdf.




                                                            Page 12 of 12                                      Attachment 1
                                                                                                                          CITY COUNCIL 4.9




                                  RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE AUTHORIZING AND DIRECTING THE CITY MANAGER,
        OR HIS DESIGNEE, ON BEHALF OF THE CITY OF WATSONVILLE TO
        SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT
        OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD
        BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA
        PROGRAM FOR $148,658 FOR FISCAL YEARS 2009 TO 2012 TO
        FUND POLICE OFFICER OVERTIME FOR VIOLENT CRIME
        SUPPRESSION ACTIVITIES; AND IF AWARDED, TO EXECUTE A
        STANDARD AGREEMENT AND ANY AMENDMENTS THERETO AND
        ANY NECESSARY DOCUMENTS

        WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (“JAG”)

Program is the primary provider of federal criminal justice funding to state and local

jurisdictions; and

        WHEREAS, cities funded by the Edward Byrne Memorial Justice Assistance

Grant (“JAG”) Program are eligible to receive funding for specific purpose areas such as:

law enforcement programs, prevention and education programs, drug treatment and

enforcement programs, planning, evaluation, and technology improvement programs;

and

        WHEREAS, the City of Watsonville’s Strategic Plan 2009-2011 public safety goal

is to prevent, reduce and suppress crime; and

        WHEREAS, if awarded, the Edward Byrne Memorial Justice Assistance Grant

(“JAG”) Program would provide funding for police officer overtime from October 1, 2008

to September 30, 2012; and

        WHEREAS, the Grant Application was available for City Council review thirty (30)

days before such application was to be submitted; and




Reso No.         (CM)                                                                                                          1
Q:\COUNCIL\2009\042809\Grant JAG 2009.docx                               By Carlos J. Palacios at 3:52 pm, Apr 22, 2009




ri 4/23/2009 5:07:03 PM                                      AJS ______ CJP ______ PD ______
        WHEREAS, the City Council afforded to every interested person an opportunity to

comment regarding the proposed grant application either in writing or orally as provided

by law; and

        WHEREAS, the City Council of the City of Watsonville, a municipal corporation of

the State of California, wishes to apply for the U.S. Department of Justice, Bureau of

Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant Formula

Program, in the amount of $148,658.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That the City Manager of the City of Watsonville, or his designee, on behalf

of the City of Watsonville, is authorized and directed to submit an application to the

United States Department of Justice, Bureau of Justice Assistance, for the Edward Byrne

Memorial Justice Assistance Grant Formula Program, for $148,658 to fund police officer

overtime for violent crime suppression activities.

        2.       That the City Manager of the City of Watsonville, or his designee, is

authorized and directed to execute in the name of the City of Watsonville, the

application, a standard agreement, and all other documents required by the United

States Department of Justice, Bureau of Justice Assistance, for the Edward Byrne

Memorial Justice Assistance Grant Formula Program, and any amendments thereto, as

well as any necessary documents.

        3.       That the City Manager is authorized and directed, if said grant is awarded,

to appropriate the grant fund of $148,658 to the JAG account.



                              ***********************************************


Reso No.         (CM)                                                                          2
Q:\COUNCIL\2009\042809\Grant JAG 2009.docx
ri 4/23/2009 5:07:03 PM
                                                                                                                     CITY COUNCIL 4.10




                                        City of Watsonville                   By Carlos J. Palacios at 3:40 pm, Apr 16, 2009




                                  Public Works & Utilities
                                     MEMORANDUM

DATE:                   April 16, 2009

TO:                     Carlos J. Palacios, City Manager

FROM:                   David A. Koch, Director of Public Works and Utilities             By David A. Koch at 2:50 pm, Apr 16, 2009




                        Steve Palmisano, Water Division Manager

SUBJECT:                Resolution Authorizing the City Manager to Sign and File a
                        Financial Assistance Application with the State Water
                        Resources Control Board to Apply for Stimulus Funding for
                        the Construction of Sewer Replacement Projects in
                        Watsonville.

AGENDA ITEM:            April 28, 2009                                      City Council


RECOMMENDATION:
It is recommended that City Council adopt a resolution authorizing the City Manager to
sign and file a Financial Assistance Application for a financing agreement for stimulus
funding with the State Water Resources Control Board for the construction of sewer
replacement projects in Watsonville.

DISCUSSION:
In March of 2009, the City of Watsonville submitted three sewer replacement projects to
the State Water Board to be considered for their Clean Water State Revolving Funds
(CWSRF) Loan Program. This program is receiving over $280 million in funds from the
American Recovery and Reinvestment Bill of 2009 for “shovel-ready” projects.

The projects submitted to the State Water Board would replace existing sewer lines,
including a portion of a treatment plant influent line. Some of the lines are over 50 years
old and are in need of replacement. The majority of sewer lines identified for
replacement are located near environmentally sensitive areas and their failure would
result in sewage spills that could impact the headwaters of Watsonville Slough and
Corralitos Creek, both listed as State impaired water bodies. Failure of the influent
sewer line, which transports most of the sewage from the region to the wastewater
treatment facility, would require significant emergency response and reconstruction
work. In order to avoid sewer failures, these high-priority infrastructure replacement
projects need to be completed.

To be eligible and considered for stimulus funding grants and low-interest loans, the
City is required to submit a Financial Assistance Application, including an Authorization
Resolution designating an Authorized Representative. Funds are allocated on a “first

4/16/09 (2:49PM)
M:\PUBLIC WORKS & UTILITIES\STAFF REPORTS\2009\SRF RESO STAFF REPORT.DOC

                                                Page 1 of 2
come, first serve” basis making timeliness of application submittal a priority. This
Resolution is an important part of ensuring the City of Watsonville is properly positioned
to apply for of this funding.

STRATEGIC PLAN:
The sewer replacement projects support the City Council goal of improving the City’s
infrastructure.

FINANCIAL IMPACT:
The resolution itself has no immediate financial impact to the City. However, it is an
important part of ensuring that the City is properly positioned to apply for stimulus
funding. If successful, the City could receive up to $3.5 million in stimulus funding, which
would likely consist of a combination of grants and very low interest (1%) loans to fund
several important sewer replacement projects. This resolution does not impact the
General Fund.

ALTERNATIVES:
The Council could choose not to approve the recommended actions. This would require
the City of Watsonville to secure other sources of funding to complete these projects.

ATTACHMENTS:
None



cc:     City Attorney




4/16/09 (2:49PM)
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                                                Page 2 of 2
                                                                                                                                             CITY COUNCIL 4.10




                                           RESOLUTION NO.                     (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE AUTHORIZING AND DIRECTING THE CITY MANAGER
         ON BEHALF OF THE CITY OF WATSONVILLE TO SIGN AND FILE A
         FINANCIAL ASSISTANCE APPLICATION FOR A FINANCING
         AGREEMENT FOR STIMULUS FUNDING WITH THE STATE WATER
         RESOURCES CONTROL BOARD FOR THE CONSTRUCTION OF
         SEWER REPLACEMENT PROJECTS IN THE CITY; AND IF AWARDED,
         TO EXECUTE A STANDARD AGREEMENT AND ANY AMENDMENTS
         THERETO; AND ANY NECESSARY DOCUMENTS

         WHEREAS, in March 2009, the City submitted three (3) sewer replacement

projects to the State Water Resources Control Board to be considered for their Clean

Water State Revolving Funds (CWSRF) Loan Program; and

         WHEREAS, this program is receiving over $280 million in funds from the

American Recovery and Reinvestment Bill of 2009 for “shovel-ready” projects; and

         WHEREAS, to be eligible and considered for stimulus funding grants and low-

interest loans, the City is required to submit a Financial Assistance Application and

designate an authorized representative; and

         WHEREAS, if awarded, the City could receive up to $3.5 million in stimulus

funding, which would likely consist of a combination of grants and very low interest one

(1%) percent loans to fund the sewer replacement projects.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         1.       That the City Council hereby authorizes and directs the City Manager to

sign and file a Financial Assistance Application, on behalf of the City of Watsonville, to

the State Water Resources Control Board for a financing agreement for stimulus funding

for the planning, design, and construction of sewer replacement projects in the City.


Reso No.         (CM)                                                                                                                                          1
Q:\COUNCIL\2009\042809\State Water Resources Control Board Application.docx                 By Carlos J. Palacios at 3:54 pm, Apr 22, 2009




ri 4/22/2009 10:02:03 AM                                                        AJS ______ CJP ______PWU______                                By David A. Koch at 12:38 pm, Apr 22, 2009
         2.       That the City Manager, or designee, is hereby authorized and empowered

to execute in the name of the above named entities all necessary grant related

documents, including but not limited to, applications, agreements, and any necessary

amendments.

         3.       That the City Manager of the City of Watsonville is authorized and directed,

if said grant is awarded, to appropriate to the Grants Fund.


                                         ********************************




Reso No.           (CM)                                                                     2
Q:\COUNCIL\2009\042809\State Water Resources Control Board Application.docx
ri 4/22/2009 10:02:03 AM
                                                                                                                               CITY COUNCIL 4.11




                                                                              By Carlos J. Palacios at 8:01 am, Apr 07, 2009




                                            City of Watsonville
                                           Police Department
                                         MEMORANDUM


DATE:                      April 6, 2009

TO:                        Carlos J. Palacios, City Manager

FROM:                      Terry A. Medina, Chief of Police
                           Linda L. Peters, Administrative Services Manager

SUBJECT:                   California Gang Reduction, Intervention, and Prevention Program
                           (Cal-GRIP)

AGENDA ITEM:               April 28, 2009                                               City Council



RECOMMENDATION:
That City Council accepts the two-year grant award totaling $400,000 for the California Gang
Reduction, Intervention, and Prevention Program and appropriates the funds to the grant
budget submitted as part of the application to the State.

DISCUSSION:
The California Emergency Management Agency published a Request for Proposal for
Governor Schwarzenegger’s California Gang Reduction, Intervention and prevention
(CalGRIP) initiative in October 2008. The State budget at the time included $9.5 million for
local assistance grants to cities and community-based organizations for gang prevention,
intervention, and suppression activities. The budget specified that the City of Los Angeles
receive a non-competitive grant for $1 million. All other cities competed for $6.5 million; no
grant award could exceed $400,000. In addition grants for Community-based Organizations
throughout California were offered totaling $2 million; no grant to a community-based
organization could exceed $160,000. The proposal due dates were November 25, 2008.

Northern Cities received $1,231,093 and the recipients of CalGRIP are:

Cities located in El Dorado County
- CBO - Boys & Girls Club of Lake Tahoe - $154,072

                                                    Page 1 of 3
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H:\Documents_Projects\WPDOCS\COUNCIL\STAFFRPT\Cal GRIP Staff Report.docx
Cities located in Monterey County $517,021
- City of Salinas - $357,021
- CBO - Second Chance Youth Program - $160,000

Cities located in Santa Cruz County
- City of Watsonville - $400,000

Cities located in Yolo County
- CBO - Yolo Family Resource Center - $160,000

The City in partnership with the Santa Cruz County Sheriff’s Office, Santa Cruz County
Probation Department, Pajaro Valley Unified School District and Pajaro Valley Prevention and
Student Assistance (PVPSA) will work together toward a mutual goal of suppression and
preventing gang-related crime and intervening with high-risk youth. The law enforcement
partners focus their violence suppression efforts on the habitual violent gang offender while the
District and PVPSA provide prevention-intervention services to the City’s school-aged youth
who have been expelled or suspended for weapons. The City’s Community Post Incident
Team works with the community affected by the gang violence. The goal is to reduce violent
gang motivated crime and increase public safety through inter-agency coordination of services,
information exchange and data analysis.

The program objectives include the following:
   1. Reduce the number of gang related homicides by 50%, the aggravated assaults by 20%
      and robberies by 40%.
   2. Reduce the number of expulsions and suspensions for weapon offenses by 20%.
   3. Successfully implement anti-gang program using a comprehensive evidence-based
      gang model and Seven Challenges.
   4. Students completing the Seven Challenges curriculum will demonstrate an average
      improvement of at least 25 percent in self-reported measures of social and personal
      functioning.
   5. Increase the number of arrests resulting from gang investigations by 20% and increase
      successful prosecutions from these investigations by 20%.
   6. Increase the number of felony arrests for weapon violations by 10%.
   7. Increase the number of gang members prosecuted by 20% and increase the length of
      incarceration.
   8. Community survey reporting significant improvement in perception of gang crime and
      police contacts.

STRATEGIC PLAN:
The City Council’s 2009-2011 Strategic Plan includes a safe and healthy community free of
gang violence. The Cal-GRIP award supports the Council’s strategic plan. Public Safety is one
of the Governor Schwarzenegger’s highest priority and these funds are an important part of the
State’s efforts to protect California communities by providing them with the resources they
need to help reduce gang violence at the local level. “To combat gang violence,” the Governor
believes, “we need effective suppression, intervention and prevention tactics-so that we are
driving down violence in a smart and focused way.”

                                                         Page 2 of 3
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H:\Documents_Projects\WPDOCS\COUNCIL\STAFFRPT\Cal GRIP Staff Report.docx
FINANCIAL IMPACT:


Table 1 Cal-GRIP budget 4/1/2009 – 3/31/2011
 Personnel Services
 Crime Analyst                         181,320
 GVS Sgt Overtime                        3,315
 Police Officer OT                       5,654
 Probation Officer OT                   15,177
 SCSO Sgt OT                             3,737
 SCSO Deputy OT                          5,772
 PVPSA                                 182,399


 Operating Services
 PIP Safety Equipment                    2,292
 Training                                   334


 Total                                 400,000

The two-year Cal-GRIP budget provides for one full time crime analyst charged with maintaining
statistics on gang motivated crimes, arrest, referral and prosecution data. The analyst provides
information support to the Gang Violence Suppression team. The WPD gang violence suppression team
comprised of one full time police Sergeant and two officers work with law enforcement from partner
agencies in identifying and arresting habitual violent gang offenders who drive Watsonville’s crime rate.
The community-based partner, PVPSA seeks to reduce the occurrence of youth gang-related incidents
and increase positive outcomes for youth. The project budget provides for a .10 FTE PVPSA CEO, .25
FTE clinical supervisor and 1.0 FTE family advocate to carry out the PVPSA intervention services.

The department’s objective is also to increase communication with the affected community of gang
violence. The budget provides for jackets, safety vests, and flashlights for the Community Post Incident
Team.

ALTERNATIVES:
The Council may choose to not accept the award.

ATTACHMENTS:
1. California Emergency Management Agency Letter dated March 30, 2009

cc:      City Attorney




                                                         Page 3 of 3
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H:\Documents_Projects\WPDOCS\COUNCIL\STAFFRPT\Cal GRIP Staff Report.docx
                                                                                                                                    CITY COUNCIL 4.11




                                   RESOLUTION NO. _______ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE ACCEPTING THE TWO-YEAR $400,000 GRANT FROM
        THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE
        CALIFORNIA GANG REDUCTION, INTERVENTION, AND PREVENTION
        PROGRAM (CALGRIP); AUTHORIZING AND DIRECTING THE CITY
        MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND
        APPROPRIATING SUCH FUNDS TO THE GRANT BUDGET


        WHEREAS, the Watsonville Police Department submitted a grant proposal to the

State of California Emergency Management Agency to reduce violent gang motivated

crime and increase public safety through inter-agency coordination of services,

information exchange and data analysis in the City; and

        WHEREAS, the City of Watsonville was awarded a (2) two-year $400,000 grant

by the California Emergency Management Agency for the California Gang Reduction

Intervention and Prevention Program (CalGRIP).

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.      That the $400,000 grant from the California Emergency Management

Agency is hereby accepted.

        2.      That the City Manager of the City of Watsonville is hereby authorized and

directed to execute in the name of the City of Watsonville, any and all documents

required by the California Emergency Management Agency including any extensions or

amendments thereof in order to implement this agreement.

        3.      That the $400,000 grant is hereby appropriated to the Watsonville Police

Department grant funds.

                                 ****************************************

Reso No. ________ (CM)                                                                                                                   1
Q:\COUNCIL\2009\042809\CALGRIP Grant.docx
                                                                                   By Carlos J. Palacios at 3:54 pm, Apr 22, 2009




ri 4/22/2009 10:03:41 AM                                               AJS______ CJP______ PD ______
                                                                                                  4.12(a)
                                                                                  CITY COUNCIL # _____________

                                                                                             __________________

                                                                                         Endorsed for presentation
                                                                                               to the City Council
                                                                                                 By Carlos J. Palacios at 3:39 pm, Apr 16, 2009

                                                                                             __________________
                                                                                                Carlos J. Palacios
                                                      City of Watsonville
                                           Parks & Community Services
                                                  MEMORANDUM


DATE:                         April 23, 2009

TO:                           Carlos J. Palacios, City Manager

FROM:                         Ana Espinoza, Parks & Community Services Director
                              David A. Koch, Public Works & Utilities Director

SUBJECT:                      2009/10 Landscaping & Lighting Maintenance Assessment District No. PK-94-1
                              (Gonzales Street)

AGENDA ITEM:                  April 28, 2009                                           City Council



RECOMMENDATION:
It is recommended that the City Council adopt the Resolution Directing the Filing of the Annual
Engineer’s Report for Assessment District No. PK-94-1.

This Resolution is a procedural one that directs staff and the Public Works & Utilities Director, as the
Engineer, to prepare the necessary reports including the program budget and the assessment schedule for
City Council consideration. This report should appear on the City Council’s May 12, 2009 Agenda.

DISCUSSION:
The 1972 Landscaping and Lighting Act require the filing of various procedural resolutions. This
Resolution directing the filing of the engineer’s report triggers the development of the 2009/2010
program and budget and a review of the 2008/2009 program. Under Proposition 218, the Gonzales
Street Alleyway Assessment District meets the test of “special benefit” and is exempt from any mail
ballot process.

The City Council may recall that the Gonzales Street Alleyway District was established in order to assist
the residents bordering the alleyway to cooperatively maintain this parcel that is now owned by the City.
The annual cost to maintain the parcel is estimated at $600 and is spread among 17 parcels. No increase
is proposed.


                                                              Page 1 of 2
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P:\CityCouncil\StaffReports\2009\LLMAD Gonzalez FilingEng.Report.docx
STRATEGIC PLAN:
This program addresses the City Council’s Goal of Infrastructure specifically in the area of
beautification, landscaping and grooming.

FINANCIAL IMPACT:
City staff will prepare the Engineer’s Report at no cost to the District. The total assessment
to be collected is $600.

ALTERNATIVES:
None. This Resolution is procedural only and does not obligate the City Council.

ATTACHMENTS:
None.




cc:       City Attorney




                                                              Page 2 of 2
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                                                                                                                                       CITY COUNCIL 4.12(a)




                               RESOLUTION NO.__________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE DIRECTING THE FILING OF THE 2009-2010 ANNUAL
         ENGINEER'S REPORT FOR THE GONZALES STREET ALLEYWAY
         LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
         DISTRICT NO. PK-94-1 (LLMAD)

                                    Assessment District No. PK-94-1

                   (Pursuant to the Landscaping and Lighting Act of 1972)

         WHEREAS,           the     Gonzales        Street   Alleyway   Landscaping                   and                              Lighting

Maintenance Assessment District was formed pursuant to the Landscaping and Lighting

Act of 1972; and

         WHEREAS, on October 11, 1994, the City Council adopted Resolution No. 297-

94 (CM), a Resolution of Intention to Order Improvements, Levy and Collect

Assessments for the Gonzales Street Alleyway Landscaping and Lighting Assessment

District No. PK-94-1; and

         WHEREAS, Resolution 297-94 (CM) described the improvements as follows: The

installation, servicing, and/or maintenance; of public lighting, landscaping, park and

recreational improvements within the Assessment District; and

         WHEREAS, on November 29, 1994, the City Council adopted Resolution No.

352-94 (CM) ordering the maintenance of improvements and confirming the first annual

Engineer’s Report (including the diagram and assessment) and levying the assessment;

and

         WHEREAS, the current plans and specifications call for annual maintenance: a)

routine plant care and mowing, and b) alleyway maintenance; and




Reso No.         (CM)                                                                                                                                     1
Q:\COUNCIL\2009\042809\Gonzales Filing Report 2009.docx                               By Carlos J. Palacios at 5:36 pm, Apr 22, 2009


                                                                                                                                          By Ana Espinoza at 10:37 am, Apr 22, 2009

ri 4/22/2009 10:07:22 AM                                                  AJS ______ CJP ______PCS ______
         WHEREAS, Streets and Highways Code Section 22621 requires proceedings to

be taken for any fiscal year during which an assessment is to be levied and collected

within an existing assessment district; and

         WHEREAS, it is anticipated that an assessment will be levied and collected within

this Assessment District during fiscal year 2009-2010 in an estimated amount of

$600.00; and

         WHEREAS, this Resolution is adopted pursuant to Section 22622 of the California

Streets and Highways Code; and

         WHEREAS, there are no new improvements and no substantial changes in

existing improvements proposed for said Assessment District.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         That the Engineer is hereby ordered to prepare and to file the 2009-2010 annual

report with the City Clerk for the Gonzales Street Alleyway Landscaping and Lighting

Maintenance Assessment District PK-94-1 in accordance with Article 4 (commencing

with Section 22565) of Chapter 1 of the Landscaping and Lighting Act of 1972 of the

Street and Highways Code.



                               ***********************************************




Reso No.        (CM)                                                                    2
Q:\COUNCIL\2009\042809\Gonzales Filing Report 2009.docx
bvf 4/22/2009 10:07:22 AM
                                                                                              4.12(b)
                                                                              CITY COUNCIL # _____________

                                                                                         __________________

                                                                                     Endorsed for presentation
                                                                                           to the City Council

                                                                                         __________________
                                                                                               By Carlos J. Palacios at 3:38 pm, Apr 16, 2009




                                                                                            Carlos J. Palacios
                                                      City of Watsonville
                               Parks & Community Services Department
                                                  MEMORANDUM


DATE:                         April 23, 2009

TO:                           Carlos J. Palacios, City Manager

FROM:                         Ana Espinoza, Parks & Community Services Director
                              David A. Koch, Public Works & Utilities Director
                              Maria Rodriguez, Principal Engineer

SUBJECT:                      2009/10 Landscaping & Lighting Maintenance Assessment District
                              No. PK-03-02 (Bay Breeze Subdivision)

AGENDA ITEM:                  April 28, 2009                                       City Council


RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Directing the Filing of the Annual
Engineer’s Report for the Bay Breeze Subdivision Landscaping and Lighting Assessment District No.
PK-03-02.

This Resolution is a procedural one that directs staff and the Public Works & Utilities Director, as the
Engineer, to prepare the necessary reports including the program budget and the assessment schedule for
City Council consideration. This report should appear on the City Council’s May 12, 2009 agenda.

DISCUSSION:
The Landscaping and Lighting Act of l972 requires the filing of various procedural resolutions.
This resolution triggers the development of the 2009/10 program and budget.

The Bay Breeze Subdivision is located at the southwest corner of Ohlone Parkway and Harkins Slough
Road. The improvements include maintenance of landscaping, lighting, street trees, perimeter fencing, a
pedestrian path, detention basins and a sewer pump station. The project’s developer, Western Pacific
Housing, proposed that the operation, maintenance, repair and replacement of these items be funded
through the formation of a LLMAD as provided in the Project’s Tentative Map Condition
No. 17. The City accepted the public improvements at the City Council meeting of March 22, 2005
(Resolution No. 60-05 (CM). City forces now maintain the above-listed improvements.

                                                              Page 1 of 2
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STRATEGIC PLAN:
The Assessment District addresses the City Council’s goal of maintenance and beautification of City
infrastructure.

FINANCIAL IMPACT:
The preparation of the Engineer’s Report will be accomplished by City staff at no cost to the District.
The total assessment to be collected is estimated at $52,003.03.

ALTERNATIVES:
None. This Resolution is procedural only and does not obligate the City Council.


ATTACHMENT (S):

None.


cc:       City Attorney




                                                              Page 2 of 2
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                                                                                                                                CITY COUNCIL 4.12(b)




                              RESOLUTION NO.__________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE DIRECTING THE FILING OF THE 2009-2010 ANNUAL
         ENGINEER'S REPORT FOR THE BAY BREEZE SUBDIVISION
         LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
         DISTRICT NO. PK-03-02 (LLMAD)

                                       Assessment District No. PK-03-02

                   (Pursuant to the Landscaping and Lighting Act of 1972)

         WHEREAS, the Bay Breeze Subdivision Landscaping and Lighting Maintenance

Assessment District was formed pursuant to the Landscaping and Lighting Act of 1972;

and

         WHEREAS, on March 25, 2003, the City Council adopted Resolution No. 73-03

(CM), a Resolution of Intention to Order Improvements, Levy and Collect Assessments

for the Bay Breeze Subdivision; and

         WHEREAS, Resolution 73-03 (CM) described the improvements as follows:

         (a)      Operate, maintain, repair, and replace the interior streetlights within the

Subdivision.

         (b)      Maintain and replace the street trees within the District.

         (c)      Operate, maintain, repair, and replace the detention basins and detention

basin access roads within the District.

         (d)      Operate, maintain, repair, and replace the perimeter fencing within the

District on its exterior boundaries.

         (e)      Maintain and replace the plantings done as a part of the wetland mitigation

plan.

         (f)      Maintain the Environmental Management Open Space parcel to be

created inside the District.

Reso No.         (CM)                                                                                                                                1
Q:\COUNCIL\2009\042809\Bay Breeze Filing Report 2009.docx                      By Carlos J. Palacios at 5:36 pm, Apr 22, 2009

                                                                                                                                   By Ana Espinoza at 10:36 am, Apr 22, 2009


ri 4/22/2009 10:05:36 AM                                            AJS ______ CJP ______PCS ______
         (g)      Maintain, repair, and replace the pedestrian path within the slough area

outside adjacent to the District.

         (h)      Maintain, repair, and replace the landscaping within the public lands

[abutting] and within the District, including the Ohlone Parkway medians.

         (i)      Operate, maintain, repair, and replace the sewer pump station within the

District.

         (j)      Maintain the graffiti coatings on walls within the District and with public

exposure.

         (k)      Administrative services to operate the District; and

         WHEREAS, on June 10, 2003, the City Council adopted Resolution No. 150-03

(CM) ordering the maintenance of improvements and confirming the first annual

Engineers Report (including the diagram and assessment) and levying the assessment;

and

         WHEREAS, Streets and Highways Code Section 22621 requires proceedings to

be taken for any fiscal year during which an assessment is to be levied and collected

within an existing assessment district; and

         WHEREAS, it is anticipated that an assessment will be levied and collected

within this Assessment District during fiscal year 2009-2010 in an estimated amount of

$52,003.03; and

         WHEREAS, this Resolution is adopted pursuant to Section 22622 of the

California Streets and Highways Code; and

         WHEREAS, there are no new improvements and no substantial changes in

existing improvements proposed for said Assessment District.




Reso No.         (CM)                                                                      2
Q:\COUNCIL\2009\042809\Bay Breeze Filing Report 2009.docx
ri 4/22/2009 10:05:36 AM
         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         That the Engineer is hereby ordered to prepare and to file the 2009-2010 annual

report with the City Clerk for the Bay Breeze Subdivision Landscaping and Lighting

Maintenance District in accordance with Article 4 (commencing with Section 22565) of

Chapter 1 of the Landscaping and Lighting Act of 1972 of the Street and Highways

Code.



                                         ******************************




Reso No.         (CM)                                                                 3
Q:\COUNCIL\2009\042809\Bay Breeze Filing Report 2009.docx
ri 4/22/2009 10:05:36 AM
                                                                                               4.12(c)
                                                                                CITY COUNCIL # _____________

                                                                                           __________________

                                                                                       Endorsed for presentation
                                                                                             to the City Council
                                                                                               By Carlos J. Palacios at 3:39 pm, Apr 16, 2009

                                                                                           __________________
                                                                                              Carlos J. Palacios
                                                      City of Watsonville
                               Parks & Community Services Department
                                                  MEMORANDUM


DATE:                         April 23, 2009

TO:                           Carlos J. Palacios, City Manager

FROM:                         Ana Espinoza, Parks & Community Services Director
                              David A. Koch, Public Works & Utilities Director
                              Maria Rodriguez, Principal Engineer

SUBJECT:                      2009/10 Landscaping & Lighting Maintenance Assessment District
                              PK-03-03 (Vista Montaña subdivision)

AGENDA ITEM:                  April 28, 2009                                         City Council


RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution Directing the Filing of the Annual
Engineer’s Report for the Vista Montaña Subdivision Landscaping and Lighting Maintenance
Assessment District PK-03-03.

This resolution is a procedural one that directs staff and the Public Works & Utilities Director,
as the Engineer, to prepare the necessary reports including the program budget and the assessment
schedule for City Council consideration. This report should appear on the City Council’s May 12, 2009
agenda.

DISCUSSION:

The Landscaping and Lighting Act of l972 requires the filing of various procedural resolutions. This
resolution triggers the development of the 2009/10 program and budget.

The Vista Montaña subdivision is located off of East Lake Avenue and adjacent to Ann Soldo
Elementary School. The Vista Montaña Subdivision LLMAD is comprised of two Zones: A and B.
Zone A benefits all parcels within the District which includes, for example, the street lighting installed
along Highway 152, the landscape improvements along Highway 152 and the agricultural buffer area.
Zone B benefits those parcels within the single family residential area primarily and includes the
                                                              Page 1 of 2
cc 4/23/2009 10:42:31 AM
P:\CityCouncil\StaffReports\2009\LLMAD Vista Montaña FilingEng.Report.docx
maintenance of the “street end caps”, the “park strips” and street lighting.

The subdivision’s developer, the Clarum Corporation, proposed that the maintenance of these items be
funded through a Landscaping and Lighting Assessment District and was required in Tentative Map
Condition No. 74.

STRATEGIC PLAN:

The Assessment District addresses the City Council’s goal of maintenance and beautification of City
infrastructure.

FINANCIAL IMPACT:

The preparation of the Engineer’s Report will be accomplished by City Staff at no cost to the District.
The total assessment to be collected is estimated at $107,972.

ALTERNATIVES:

None. This resolution is procedural and does not obligate the City Council.

ATTACHMENTS:

None.


cc:       City Attorney




                                                              Page 2 of 2
cc 4/23/2009 10:42:31 AM
P:\CityCouncil\StaffReports\2009\LLMAD Vista Montaña FilingEng.Report.docx
                                                                                                                                         CITY COUNCIL 4.12(c)




                               RESOLUTION NO.__________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE DIRECTING THE FILING OF THE 2009-2010 ANNUAL
         ENGINEER'S REPORT FOR THE VISTA MONTAÑA SUBDIVISION
         LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
         DISTRICT NO. PK-03-03 (LLMAD)

                                        Assessment District No. PK-03-03

                   (Pursuant to the Landscaping and Lighting Act of 1972)


         WHEREAS,            the    Vista     Montaña        Subdivision   Landscaping                  and                              Lighting

Maintenance Assessment District was formed pursuant to the Landscaping and Lighting

Act of 1972; and

         WHEREAS, on April 22, 2003, the City Council adopted Resolution No. 98-03

(CM), a Resolution of Intention to Order Improvements, Levy and Collect Assessments

for the Vista Montaña Subdivision; and

         WHEREAS, Resolution 98-03 (CM) described the improvements as follows:

         (a)      Operate, maintain, repair and replace the storm drain detention basins,

drainage channels, drainage facilities and erosion control measures within the

agricultural buffer area, including the proposed storm drain culvert crossing Highway

152 and the inlet structure on the west side of Highway 152.

         (b)      Maintain, repair, and replace all facilities within the agricultural buffer area

(except streets and utilities) including but not limited to landscaping, signage, perimeter

walls, retaining walls, pedestrian paths and erosion control plantings within or adjacent

to the detention basins and drainage swale.

         (c)      Operate, maintain, repair, and replace and supply power to the street

lighting within the District.



Reso No.         (CM)                                                                                                                                         1
Q:\COUNCIL\2009\042809\Vista Monta Filing report 2009.docx                              By Carlos J. Palacios at 5:37 pm, Apr 22, 2009




ri 4/22/2009 10:08:35 AM                                                     AJS ______ CJP ______PCS ______                                By Ana Espinoza at 10:40 am, Apr 22, 2009
         (d)      Maintain, repair, and replace the landscape parkway strip and street trees

within the District.

         (e)      Maintain, repair, and replace the landscaping and replace the perimeter

wall along Highway 152, which may or may not be within the District boundaries.

         (f)      Maintain, repair, and replace the pedestrian/bike path connecting

McKenzie Avenue and outside the subdivision.

         (g)      Provide administrative services to operate the District; and

         WHEREAS, on June 10, 2003, the City Council adopted Resolution No. 149-03

(CM) ordering the maintenance of improvements and confirming the first annual

Engineers Report (including the diagram and assessment) and levying the assessment;

and

         WHEREAS, Streets and Highways Code Section 22621 requires proceedings to

be taken for any fiscal year during which an assessment is to be levied and collected

within an existing assessment district; and

         WHEREAS, it is anticipated that an assessment will be levied and collected

within this Assessment District during fiscal year 2009-2010 in the estimated amount

$107,972; and

         WHEREAS, this Resolution is adopted pursuant to Section 22622 of the

California Streets and Highways Code; and

         WHEREAS, there are no new improvements and no substantial changes in

existing improvements proposed for said Assessment District.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:




Reso No.         (CM)                                                                     2
Q:\COUNCIL\2009\042809\Vista Monta Filing report 2009.docx
ri 4/22/2009 10:08:35 AM
         That the Engineer is hereby ordered to prepare and to file the 2009-2010 annual

report with the City Clerk for the Vista Montaña Subdivision Landscaping and Lighting

Maintenance District in accordance with Article 4 (commencing with Section 22565) of

Chapter 1 of the Landscaping and Lighting Act of 1972 of the Street and Highways

Code.


                                ***********************************************




Reso No.         (CM)                                                                 3
Q:\COUNCIL\2009\042809\Vista Monta Filing report 2009.docx
ri 4/22/2009 10:08:35 AM
                                                                                                                                                                   CITY COUNCIL 4.13




                                    City of Watsonville
                                 City Manager's Office                                                            By Carlos J. Palacios at 8:38 am, Apr 22, 2009




                                   MEMORANDUM

DATE:                    April 21, 2009

TO:                      Carlos J. Palacios, City Manager
                                                                 By Mario E. Maldonado at 3:51 pm, Apr 21, 2009




FROM:                    Mario E. Maldonado, Interim Deputy City Manager

SUBJECT:                 Living Wage Annual Report and Setting Rates

AGENDA ITEM:             April 28, 2009                                                                           City Council


RECOMMENDATION:
1.  That the City Council accept and file the Living Wage Ordinance annual report on
    the status of the private sector services Living Wage Program for Fiscal Year
    2008-2009; and

2.      That the City Council maintain the living wage rates that are currently in effect:
        $13.08 for benefited employees and $14.27 for employees not receiving benefits.

BACKGROUND:
On September 24, 2002, the City Council adopted the Living Wage Ordinance for
private sector employers doing contract work for the City. Workers covered by the
Ordinance are those employed by contractors/employers who enter into a contract for
private sector services with the City, and with a cumulative compensation amount in one
fiscal year greater than $10,000. For fiscal year 2009-2010, a total of 35 vendors will be
subject to the Living Wage Oridinance.

Section 2-5.03(b) of the Living Wage Ordinance specifies that the living wage paid
to covered employees shall be set and adjusted by resolution by the City Council
after consideration of the annual cost of living wage increase as measured by the
San Francisco-Oakland-San Jose area Consumer Price Index (CPI). The City and
County of Santa Cruz use the same living wage CPI index to adjust their living wages.
As a matter of standard practice, all jurisdictions use the percentage change for the
period October-to-October. The CPI increase for the October-to-October period for
fiscal year 2009-2010 is 3.8%. The City of Watsonville’s ordinance does not specify
which period to use for selecting the CPI.


                                          Page 1 of 3
MEM 04/21/2009 3:42 PM
On June 10, 2008 the City Council approved staff recommendation to adjust the City’s
living wage to reflect a cost of living increase of 3.4% for fiscal year 2008-2009. The
living wage is currently set at $13.08 per hour if benefits are provided to employees and
$14.27 per hour if benefits are not provided.

The finance department is responsible for administering and overseeing the program
and conducting audits. Section 2-5.11(a) of the ordinance requires that an annual report
be submitted to City Council outlining the status of the program.

DISCUSSION:
COLA Adjustment. Staff is recommending no cost of living increase for fiscal year
2009-2010. Section 2-5.03(b) of the Living Wage Ordinance specifies that the City
Council shall set the living wage only after considering the annual cost of living wage
increase. The CPI increase for the October-to-October period for fiscal year 2009-2010
is 3.8%. Our economy is currently in a bad recession and consequently local
businesses are experiencing difficult financial hardships. Therefore, at this time staff
feels it would be prudent to minimize any additional financial impacts to local
businesses and is recommending no increases be implemented for the next fiscal year.
In addition, employees from all sectors are being asked to consider reductions in
salaries or are being laid off by their employers. Lastly, if we were to deviate from the
standard practice of using the October-to-October period, the CPI would be almost at
0% for the current month.

Other Jurisdictions. The City of Santa Cruz and the County of Santa Cruz will be
increasing their living wage rates by 3.8% effective July 1, 2009. Historically, all
jurisdictions have set the same living wage rates in order to facilitate the implementation
and compliance monitoring of the three living wage ordinances. Contracted businesses
subject to the Living Wage Ordinances providing services to the City generally also
provide contracted services to the County and the City of Santa Cruz.

In an effort to keep a uniform rate, staff met with City of Santa Cruz and the County of
Santa Cruz staff to encourage them to recommend no increases for this year. They
recognized that this is a difficult time for all and they looked into the proposal, but
ultimately decided they would recommend an increase. The City of Santa Cruz’
ordinance requires that the living wage be adjusted by the CPI on an annual basis. The
County’s ordinance is similar to Watsonville’s in that it only requires consideration of the
CPI and does not guarantee an automatic cost of living increase.

Staff will continue to coordinate and meet with City of Santa Cruz and County personnel
to discuss additional changes to the way cost of living adjustment are made in the
future. We want to be able to address any concerns that may be brought to our attention
by participating businesses in light of the changes to the uniform rates.

Annual Report: Business Compliance and Auditing. The City of Watsonville’s Finance
Department implements an annual written self-certification monitoring program and
audits randomly selected vendors for compliance. For FY 2008-2009 self-certification

                                        Page 2 of 3
MEM 04/21/2009 3:42 PM
data indicates that of the 35 vendors with contracts of $10,000 or more, nine (9) pay
$14.27 an hour, fifteen (15) pay $13.08 an hour, ten (10) are exempt for having five (5)
or fewer employees, four (4) have union agreements and one (1) vendor pays a student
trainee. The City need not received any complaints regarding compliance of this
Ordinance for FY 2008-2009


FINANCIAL IMPACT:
Qualifying for-profit contractors will continue to incur costs in wages paid to their
employees under the Living Wage Ordinance. This may have a corresponding increase
in the rates the City pays to these contractors or the loss of a contractor for inability to
comply with rates.

ALTERNATIVES:

1.      The City Council may choose to approve a 3.8% cost of living adjustment to the
        living wage. This alternative would increase the living wage paid to covered
        employees by setting the living wage at $13.58 /hr for employees receiving
        benefits, and at $14.81/hr if benefits are not provided. The adjusted living wage
        would become effective July 1, 2009.

2.      The City Council may choose to set a cost of living adjustment not greater than
        3.8% to the current living wage.



cc:     City Attorney




                                        Page 3 of 3
MEM 04/21/2009 3:42 PM
                                                                                                                                CITY COUNCIL 4.13(b)


                                  RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE SETTING THE HOURLY LIVING WAGE PURSUANT TO
        SECTION 2-5.03 OF THE WATSONVILLE MUNICIPAL CODE

                                  EFFECTIVE DATE: JULY 1, 2009

        WHEREAS, on or about October, 2002, the City of Watsonville established a

living wage ordinance; and

        WHEREAS, Section 2-5.03 of the Watsonville Municipal Code provides that the

rate of the living wage with and without benefits may be set from time to time by

resolution by the Council after consideration of the annual cost of living increase as

measured by the San Francisco-Oakland-San Jose area Consumer Price Index; and

        WHEREAS, the City Council has annually adjusted the hourly living wage since

October 2002 according to the Consumer Price Index; and

        WHEREAS, on October 2008, the Consumer Price Index increase for the October

to October period was 3.8% for the San Francisco-Oakland-San Jose area; and

        WHEREAS, the U.S. economy is currently in a bad recession and local

businesses from all economic sectors are experiencing difficult financial hardships; and

        WHEREAS, it is recommended that upon consideration of a cost of living

adjustment the City Council set the hourly wage at $13.08 with benefits and $14.27

without benefits.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That the City Council hereby sets the hourly wage of $13.08 with benefits

and $14.27 without benefits.

        2.       That the aforementioned rates shall be effective July 1, 2009.

                                  ****************************************

Reso No.         (CM)                                                                                                                                         1
Q:\COUNCIL\2009\042809\Living Wage 2009 MM.docx                                           By Carlos J. Palacios at 11:50 am, Apr 23, 2009




ri 4/22/2009 1:17:53 PM                                                      AJS ______ CJP ______ CM ______                                By Mario E. Maldonado at 10:19 am, Apr 23, 2009
CITY COUNCIL 4.14
                                                                                             CITY COUNCIL 4.14




                                      RESOLUTION NO. __________ (CM)

                  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
                  WATSONVILLE APPOINTING PEDRO CASTILLO TO THE CITY
                  OF WATSONVILLE LIBRARY BOARD

                                                   [DISTRICT 1]

         WHEREAS, Section 902 of the Charter of the City of Watsonville authorizes each

member of the Council to appoint one member to each City board or commission subject

to approval by resolution of the Council adopted by at least four (4) affirmative votes.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         1.       That Council Member Bersamin hereby nominates Pedro Castillo for

appointment to the Library Board (expires November 2012), representing District 1.

         2.       That the Council hereby approves such appointment.

         3.       That the City Clerk is hereby directed to transmit a copy of this resolution to

the newly appointed member and to the Secretary of the Library Board.


                                      ************************************




Reso No.         (CM)                                                                                                   1
Q:\COUNCIL\2009\042809\Library Board Appt.docx
ri 4/22/2009 4:01:33 PM                                                      AJS ______ CJP ______
                                                                                            By Carlos J. Palacios at 5:34 pm, Apr 22, 2009
CITY COUNCIL 4.15
CITY COUNCIL 4.15
CITY COUNCIL 4.15
CITY COUNCIL 4.15
                                                                                               CITY COUNCIL 4.15


                                    RESOLUTION NO. __________ (CM)

                 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
                 WATSONVILLE APPOINTING MEMBERS TO THE CITY OF
                 WATSONVILLE PARKS AND RECREATION COMMISSION

                                           [DISTRICTS 1, 3, 6, and 7]

        WHEREAS, Section 902 of the Charter of the City of Watsonville authorizes each

member of the Council to appoint one member to each City board or commission subject

to approval by resolution of the Council adopted by at least four (4) affirmative votes.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That Council Member Bersamin hereby nominates Daniel Dodge Jr. for

appointment to the Parks and Recreation Commission (expires November 2012),

representing District 1.

        2.       That Mayor Rivas hereby nominates Dobie Jenkins for appointment to the

Parks and Recreation Commission (expires November 2010), representing District 3.

        3.       That Council Member Martinez hereby nominates Dee Dee Vargas for

appointment to the Parks and Recreation Commission (expires November 2012),

representing District 6.

        4.       That Council Member Bilicich hereby nominates Dianne M. Avelar for

appointment to the Parks and Recreation Commission (expires November 2010),

representing District 7.

        5.       That the Council hereby approves such appointments.

        6.       That the City Clerk is hereby directed to transmit a copy of this resolution to

the newly appointed members and to the Secretary of the Parks and Recreation

Commission.

                                       ********************************

Reso No.         (CM)                                                                                                                1
Q:\COUNCIL\2009\042809\Parks Rec Commission Appts.docx
ri 4/22/2009 9:57:29 AM                                                   AJS ______ CJP ______
                                                                                         By Carlos J. Palacios at 3:57 pm, Apr 22, 2009
CITY COUNCIL 4.16
                                                                                          CITY COUNCIL 4.16




                                RESOLUTION NO. __________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE APPOINTING WILLIAM L. NEIGHBORS TO THE CITY
        OF WATSONVILLE PLANNING COMMISSION

                                                [DISTRICT 3]

        WHEREAS, Section 902 of the Charter of the City of Watsonville authorizes each

member of the Council to appoint one member to each City board or commission subject

to approval by resolution of the Council adopted by at least four (4) affirmative votes.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That Mayor Rivas hereby nominates William L. Neighbors for appointment

to the Planning Commission (expires November 2010), representing District 3.

        2.       That the Council hereby approves such appointment.

        3.       That the City Clerk is hereby directed to transmit a copy of this resolution to

the newly appointed member and to the Secretary of the Planning Commission.



                                       ********************************




Reso No.         (CM)                                                                                                       1
Q:\COUNCIL\2009\042809\Planning Commission Appt.docx
ri 4/22/2009 9:58:44 AM                                                   AJS ______ CJP ______
                                                                                          By Carlos J. Palacios at 3:56 pm, Apr 22, 2009
                                                                                                CITY COUNCIL 4.17




                                RESOLUTION NO. __________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE NOMINATING MAYOR PRO-TEMPORE LUIS ALEJO
        TO STATE ASSEMBLY SPEAKER KAREN BASS AND CITY
        SELECTION COMMITTEE FOR APPOINTMENT TO THE CALIFORNIA
        COASTAL COMMISSION

        BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE,

CALIFORNIA, AS FOLLOWS:

        1.       That the City Council of the City of Watsonville hereby nominates Mayor

Pro-Tempore Luis Alejo to State Assembly Speaker Karen Bass and City Selection

Committee for appointment to the California Coastal Commission.

        2.       That the Council hereby approves such appointment.

        3.       That the City Clerk is hereby directed to transmit a copy of this resolution to

State Assembly Speaker Karen Bass and the City Selection Committee for Santa Cruz

County.


                                     ************************************




Reso No.         (CM)                                                                                                               1
Q:\COUNCIL\2009\042809\Ca Coastal Commission Appt.docx
ri 4/23/2009 5:05:47 PM                                                     AJS ______ CJP ______
                                                                                           By Carlos J. Palacios at 11:51 am, Apr 23, 2009
                                                                                           CITY COUNCIL 4.18




                                   RESOLUTION NO. __________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE OPPOSING EXPANSION OF OFF-SHORE OIL
         DRILLING AND REQUESTING THAT THE CONGRESS OF THE UNITED
         STATES REINSTATE THE FEDERAL OFF-SHORE OIL AND GAS
         LEASING MORATORIUM FOR 2009 AND BEYOND

         WHEREAS, a bi-partisan consensus in Congress has protected the California

coastline from expanded offshore oil drilling for the past 28 years renewing this

protection every year in the form of a legislative moratorium contained in the

appropriations bill for the United States Department of the Interior; and

         WHEREAS, in 2008, President George W. Bush, by Executive Order, repealed

the off-shore oil and gas leasing moratorium; and

         WHEREAS, on January 16, 2009, the United States Department of the Interior

proposed opening up 130 million acres off the California’s coast to drilling for oil and

natural gas; and

         WHEREAS, this year marks the 40th anniversary of the Santa Barbara Oil Spill

that resulted in the spillage of 3,200,000 gallons of crude oil, fouling Santa Barbara

County’s ocean beaches; and

         WHEREAS, the California Coastal Sanctuary Act of 1994, became law, creating a

comprehensive statewide coastal sanctuary that prohibits future oil and gas leasing in

state waters, from Mexico to the Oregon border; and

         WHEREAS, California’s ocean waters are also home to four important

sanctuaries, the Monterey Bay National Marine Sanctuary, the Gulf of the Farallones

National Marine Sanctuary, the Cordell Bank National Marine Sanctuary, and the

Channel Islands National Marine Sanctuary that are, by definition, areas of special


Reso No.         (CM)                                                                                                  1
Q:\COUNCIL\2009\042809\Offshore Oil Drilling.docx
ri 4/22/2009 3:47:31 PM                                                AJS ______ CJP ______
                                                                                      By Carlos J. Palacios at 3:50 pm, Apr 22, 2009
conservation, recreational, ecological, historical, cultural, archaeological, scientific, and

educational importance and are particularly sensitive to the impacts of oil development;

and

         WHEREAS, the protection of California’s spectacular 1,100 mile coastline is of the

utmost importance to a number of our state’s coastal and ocean-dependent industries,

including tourism and commercial fishing; and

         WHEREAS, further development of nonrenewable resources that degrade our air,

water and land is contrary to our state’s goals of reducing emissions that cause global

warming, improving air quality, and increasing the use of renewable energy.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         1.       That the City Council of the City of Watsonville respectfully opposes the

proposed expansion of oil and gas drilling off the Pacific Coast putting our coastline,

beaches, fishing, and tourism economy at risk for minimal short term economic benefits

from oil and gas production.

         2.       That the City Clerk is hereby directed to send a copy of this resolution to

the Secretary of the U.S. Department of the Interior, Ken Salazar, Congressman Sam

Farr, Congresswoman Anna Eshoo, and Senators Barbara Boxer and Dianne Feinstein.



                                   ********************************************




Reso No.         (CM)                                                                      2
Q:\COUNCIL\2009\042809\Offshore Oil Drilling.docx
ri 4/22/2009 3:47:31 PM
                                                                                                                                                               CITY COUNCIL 6.1(a)



                                                                                              By Carlos J. Palacios at 8:39 am, Apr 22, 2009



                                                       City of Watsonville
                                            Public Works And Utilities
                                                     MEMORANDUM

DATE:                            April 21, 2009

TO:                              Carlos J. Palacios, City Manager

FROM:                            City Council Ad Hoc Committee on Graffiti                                                                     By David A. Koch at 1:27 pm, Apr 21, 2009




                                 David A. Koch, Director of Public Works and Utilities
                                 Bob Geyer, Assistant Director of Public Works and Utilities
                                 Nancy Lockwood, Environmental Projects Manager

SUBJECT:                         Ordinance Modifying WMC Section 5-41 and Implementing
                                 New Graffiti Abatement Procedures

AGENDA ITEM:                     April 28, 2009                                                                            City Council

RECOMMENDATION: It is recommended that the City Council adopt an ordinance
replacing WMC Section 5-41 to implement new graffiti abatement procedures including
shared responsibility for graffiti removal with property owners, an increase reward of
information leading to the arrest of graffiti vandals and more stringent restitution and
community service requirements.

DISCUSSION: The City Council formed the Ad Hoc Committee on Graffiti at their
January 23, 2009 meeting to study options for reducing graffiti vandalism by
implementing more extensive restitution and community service requirements for
persons convicted of graffiti vandalism. The Committee’s, consisting of Council
Members Manuel Bersamin and Luis Alejo, study sessions resulted in a
recommendation that the City implement increased restitution and community service
requirements based on new State law and that City departments works closely with the
Santa Cruz County Probation Department to implement and track these requirements.
The Committee also reviewed the City’s existing graffiti removal system and
recommended that the current graffiti removal procedures should be modified to
achieve faster graffiti removal and to control costs to the City incurred by repeated
removal of graffiti some properties.

Restitution and Community Service
The Neighborhood Services Division currently is working with the Juvenile Probation
Department to bring first-time juvenile offenders into structured dialogue with members
of the community in which the crime was committed. The programs are known as the
Neighborhood Accountability Boards and the Victim-Offender Dialogue Program.
Various crimes, including graffiti, other vandalism, shoplifting and public intoxication, are
included in this program.

                                                                 Page 1 of 5
NL, 4/21/2009 1:27:16 PM
M:\Public Works & Utilities\Staff Reports\2009\Updated Staff Report Graffit Ord 4-20PM.docx
The State of California has new Penal Code sections regarding restitution and
community service for graffiti vandalism that will impact the City of Watsonville.
Persons now convicted of graffiti vandalism shall pay and/or perform restitution
including but not limited to the following:

  1.   Payment for damages.
  2.   Community service – up to 300 hours over a period up to 240 days.
  3.    Parents shall be liable for fines of a minor child convicted of graffiti vandalism.
  4.   Parents may be required to clean up, repair, or replace damaged property with
       their minor child.
  5.   Fines can be from $1000 to $50,000.
  6.   Jail terms up to 1 year in the county jail or state prison.
  7.   May be ordered to attend counseling.
  8.   Up to 240 days of keeping an area free of graffiti. Parents shall be required to
       assist their minor child.
  9.   More than one act of vandalism committed in any consecutive 12-month period
       may be aggregated for the purposed penalty (felony or misdemeanor)

City staff will work closely with the Probation Department to ensure that restitution and
community service sentences are fulfilled by the offenders.

Reward
It is recommended that the existing reward for information leading to the arrest of
persons involved in graffiti vandalism be increased from $100.00 to $500.00.

Current Graffiti Removal Services
Since the adoption of WMC Section 5-41, “Graffiti” in 1994, the City has had the
responsibility for removing graffiti from both public and private property. The Public
Works and Utilities Department operates the graffiti removal program which consists of
a hotline for reporting graffiti, a mobile graffiti removal van and a system of
documentation and tracking of graffiti incidents for use by the criminal justice system
including the Police, Sheriff, and Probation Departments. The City’s Neighborhood
Services Division of the Parks and Community Services Department assists with graffiti
removal in alleys by organizing neighborhood clean-up activities and provides free paint
of a standardized color and other supplies to volunteers.

The effectiveness of the City’s program can be attributed to the following:
   1. Rapid removal of graffiti by many owners and tenants
   2. Consistent reporting of graffiti incidents to the hotline by Watsonville residents
   3. Rapid and high quality removal of graffiti by Public Works and Utilities
       Department staff using computerized paint matching technology, pressure
       washing, solvents and other state-of-the-art methods.
   4. Efforts by Neighborhood Services, the Neighborhood Watch program and
       volunteer groups to cover graffiti in alleys, under bridges, etc.
   5. Coordination with the Watsonville Police Department in identifying graffiti “hot
      spots,” and provision of documentation for use in the criminal justice system.

 Proposed Modifications to Ordinance
The modifications proposed by the Ad Hoc Committee would leave in place all of the
services and programs described above. However, the responsibility for graffiti removal
on private property would shift from the City only to a sharing of that responsibility with
property owners. The current ordinance requires removal of graffiti within seven days
but places the ultimate responsibility of all graffiti removal on the City at the City’s
expense.

The Ad Hoc Committee was concerned about the expenditure of over $150,000 per
year by the City for graffiti abatement. Of special concern is the repeated removal of
graffiti from the same properties. For example, in the last twelve months, the City
removed graffiti from three properties a total of 69 times. Five additional properties
required 54 clean ups. Twenty properties required graffiti removal 260 times. Ninety
properties required 1260 clean ups. Some of these are properties owned by large
corporations and businesses with many staff on-site capable of performing the graffiti
removal.

An unintended result of the City’s efficient graffiti removal system is the deferral of
responsibility for this type of maintenance from the property owner to the City. In
addition to the cost of providing this service, the negative impacts include the inequity of
a minority of businesses receiving extensive free property maintenance service from the
City. In addition, this system may result in deferral of other property maintenance such
as litter clean up, fence repair and outdoor building maintenance by creating an
expectation that the City is responsible the appearance of private property located in
business districts and neighborhoods.

The proposed ordinance would encourage owners and tenants to act in partnership with
the City to keep Watsonville free of graffiti. Instead of the current system of unlimited
free clean up by the City, the new ordinance would allow for the City to remove graffiti
from a property three times without charge to the owner. If there are subsequent
incidents on a property and the graffiti is allowed to remain for more than 48 hours, the
property owner would receive a Citation and bill for cost of cleanup plus fines. The
proposed procedure is described below.

Should an owner fail to remove graffiti from a property within 48 hours, the
following procedures is recommended:

1. First Incident
The City removes the graffiti and a Courtesy Notice and informational letter is delivered
to the owner and the person in control of the property. The Courtesy Notice and letter
would inform the recipients of the City’s graffiti abatement requirements, refer to
community resources and advise them of fines and penalties for failure to abate after
three incidents.
2. Second Incident
The City removes the graffiti and a Courtesy Notice is given to the person in control of
the property. Tenants, property managers, real estate representatives in control of the
property would be required to notify the owners of any property they occupy, manage or
represent should they receive a Courtesy Notice for any graffiti incident.

3. Third Incident
The City removes the graffiti and a Warning Citation will be sent by certified mail to the
property owners. The contents of the Warning Citation shall include:

              The street address for identification of the property
              A statement that the property is a graffiti nuisance
              A brief description of the graffiti location and size
              A statement that City ordinance requires that graffiti be removed within 48
              hours.
              A copy of the City ordinance that provides for graffiti removal at the City’s
              expense no more than three times per property.
              Previous graffiti removal dates conducted by the City.

4. Fourth and Subsequent Incidents
After the City performs graffiti removal three times on a property, any subsequent graffiti
not removed within 48 hours would result in the issuance of a Citation to the property
owner. The 48 hour period would begin when City staff documents the existence of the
graffiti. Graffiti allowed to remain after 48 hours would be removed by the City. The
property owner would be responsible for reimbursing the City for all costs including
materials, equipment, staff time and associated costs for the abatement of graffiti on
their property, plus all applicable fines. Fines are to be consistent with the City’s Penalty
Provisions in Title 1, Chapter 2 which provides for fines of $100 for the first violation,
$200 for the second violation and $500 for all subsequent violations. Failure to abate
the violation or reimburse the City within 20 days would result in a lien being placed
subject property.

Educational Resources and Supplies
The Ad Hoc Committee recommended the staff develop educational materials that
provide residents and business owners with technical information about graffiti removal
and motivational information about the negative effects of graffiti on the business
climate, perception of safety, and the overall quality of life in Watsonville
neighborhoods. The following resources are recommended:

 A. Preventative action including lighting, fencing, landscaping and surveillance
    equipment including lists of manufacturers of equipment and a list recommended
    plants.
 B. Preparation for future incidents including a recommendation that the owner,
    property manager and/or tenant purchase paint and brushes or rollers to be stored
    on-site.
 C. Community resources including groups and agencies offering volunteer
    assistance.
 D. Graffiti Removal Kits for volunteers.
 E. Recommended graffiti removal methods including painting, pressure washing,
    sand blasting and the use of solvents.
 F. A list of licensed contractors (not endorsed by the City) who may be hired by the
    owner to perform graffiti removal on painted and unpainted surfaces.
 G. The effects of graffiti on the economy and quality of life.
 H. The reward offered for information leading to the arrest of graffiti vandals.
 I. Phone numbers for reporting graffiti in progress (911), the anonymous crime tip
    line, and the Graffiti Hotline to report graffiti remaining on property.

Other educational resources would include the distribution of a brochure to all Utilities
(water, sewer, garbage) customers with the details of the new ordinance and the
availability of resources. In addition, ads could be placed in local newspapers explaining
the new requirements and directing property owners, managers and tenants.

Sale of Aerosol Spray Paint and Marker Pens to Juveniles
No changes are recommended to WMC Section 5-42 which prohibits the sale of spray
paint and wide tipped markers to persons under the age of 18.

STRATEGIC PLAN: The ordinance meets the goals and objectives outlined in the
Strategic Plan for infrastructure maintenance.

FINANCIAL IMPACT: The City currently spends approximately $150,000 for graffiti
abatement. It is estimated that the proposed changes in the graffiti ordinance would
save an estimated $20,000 in the first year and up to $50,000 per year in subsequent
years.

ALTERNATIVES: Council could choose not to make changes to the graffiti ordinance.

ATTACHMENTS: None.

c:    City Attorney
                                                                                                                                    CITY COUNCIL 6.1(d)




                                ORDINANCE NO. Introduction (CM)

         AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE RESCINDING CHAPTER 41 (GRAFFITI) AND ADDING
         A NEW CHAPTER 41 ENTITLED GRAFFITI OF TITLE 5 (PUBLIC
         WELFARE, MORALS, AND CONDUCT) OF THE WATSONVILLE
         MUNICIPAL CODE IMPLEMENTING NEW GRAFFITI ABATEMENT
         PROCEDURES

                               (Rescinds Ordinance No. 949-94 (CM))

                                              Table of Contents


SECTION 1. ENACTMENT. ............................................................................................ 1
 CHAPTER 41 GRAFFITI ............................................................................................. 2
     Sec. 5-41.01 Findings and Intent. ......................................................................... 2
     Sec. 5-41.02 Definitions. ...................................................................................... 2
     Sec. 5-41.03 Graffiti Abatement. .......................................................................... 3
     Sec. 5-41.04 Failure to remove graffiti within 48 hours. ........................................ 5
     Sec. 5-41.05 Graffiti Prevention Education and Training. ..................................... 6
     Sec. 5-41.06 Graffiti on Property Owned by other Public Agencies...................... 7
     Sec. 5-41.07 Reward. ........................................................................................... 7
     Sec. 5-41.08 Restitution and Penalties................................................................. 7
SECTION 2. PUBLICATION. .......................................................................................... 8
SECTION 3. EFFECTIVE DATE. .................................................................................... 8

                                                       o-0-o

         NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE,

CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. ENACTMENT.

         Title 5 (Public Welfare, Morals and Conduct) is hereby amended by removing

Chapter 41 entitled “Graffiti” of the Watsonville Municipal Code and adding a new

Chapter 41 entitled “Graffiti” of Title 5 (Public Welfare, Morals, and Conduct) of the

Watsonville Municipal Code to read in words and figures as follows:




Ord No.        (CM)                                                                                                                                               1
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                                                                                                   By Carlos J. Palacios at 2:58 pm, Apr 23, 2009




ri 4/23/2009 4:03:06 PM                                                               AJS ______ CJP _____ PWU ______                               By David A. Koch at 1:01 pm, Apr 23, 2009
                                        CHAPTER 41 GRAFFITI

Sec. 5-41.01 Findings and Intent.

        (a)      The purpose of this chapter is to provide for the rapid removal of graffiti

from public and private property within the City. It is the intent of this chapter to provide

for shared responsibility, as specified herein, between the City, owners of private

property and tenants for the rapid removal of graffiti. This chapter also provides for

persons convicted of graffiti vandalism to perform community service and to pay

restitution. This chapter also provides for a reward of $500 for information leading to the

arrest and filing of criminal charges for graffiti vandalism.

        (b)      The City Council finds and determines that graffiti creates a condition of

blight within the City which can result in the deterioration of property values, business

opportunities, and the enjoyment of life for persons using adjacent and surrounding

properties. The City Council further finds and determines that graffiti is inconsistent with

the City’s property maintenance goals, crime prevention programs, and aesthetic

standards and unless graffiti is quickly removed, other properties soon become the

targets of graffiti. The City Council further finds and determines that graffiti is a public

nuisance as provided for in WMC Section 1-2.01 and is obnoxious and injurious to the

public health, safety and welfare of the people of Watsonville and therefore, should be

rapidly abated as provided in this chapter. The City Council finds that persons convicted

of graffiti vandalism shall perform community service work and pay for damages as a

means to deter these persons from committing future acts of graffiti vandalism.

Sec. 5-41.02 Definitions.

        (a)      “Abate and Abatement” shall mean to repair, replace, remove, cover up,

or otherwise remedy a condition which constitutes a violation of this chapter by such


Ord No.        (CM)                                                                        2
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means and in such a manner and to such an extent the Director determines is

necessary in the interest of the general health, safety, and welfare of the community.

        (b)      “Director” shall mean the Director of the Public Works and Utilities

Department, Police Department, Community Development Department or their

designee.

        (c)      “Forty-eight (48) hour period” shall mean the time period starting when the

City documents the existence of graffiti on a property.

        (d)      “Graffiti” shall mean the unauthorized writing, painting, drawing, placement

of adhesive, ink, solution, compound, marking pen or dye material, inscription, figure,

carving, etching or mark of any type that has been placed upon any property.

        (e)      “Graffiti Nuisance” shall mean graffiti that has been documented by the

City and located on private or public property that is visible from a public street or trail.

        (f)      “Owner” shall mean any person, persons, entity or entities having a legal

or equitable interest in real or personal property.

        (g)      “Property” shall mean any real or personal property which is affixed,

incidental, or appurtenant to real property, including but not limited to, any structure,

fence, wall, sign, sidewalk or any separate part thereof, whether permanent or not.

        (h)      “Person in Control” shall mean the person who is in immediate control of

the premises or activity being conducted on the property.

Sec. 5-41.03 Graffiti Abatement.

         (a)     Placement of graffiti prohibited. It shall be unlawful for any person to

place graffiti or other inscribed materials upon any surface of any building, structure,

fixture, sidewalk sign or other facility located on publicly or privately owned real property




Ord No.        (CM)                                                                             3
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within the City of Watsonville and such action shall be punishable to the fullest extent

permitted under State and local law.

        (b)      Allowing graffiti to remain on property prohibited. No owner, tenant or

lessee may allow any property in which they have legal or equitable interest to be used

as a location for placement of graffiti, or fail or refuse to remove, cover, or grant

permission to City to remove or cover the graffiti from the property when so ordered by

the Director. Failure to remove graffiti shall be considered intentional creation of a

graffiti nuisance.

        (c)      Paint Matching Requirement. The surface and color used to cover over

graffiti shall to the maximum extent possible match the surface and color upon which

the graffiti was applied. Failure by property owners to match paint or surface when

covering graffiti shall be considered failure to abate the violation and will be treated as

non-compliance. The determination of matching paint shall be made by the Director

using computerized paint matching devices or similar standardized tests. If the City

repairs poorly matched graffiti cover up, the property owner will be responsible for the

City’s actual costs of matching plus all applicable fines.

        (d)      Abatement Process. Abatement of graffiti is the responsibility of the

property owner. Property owners and tenants shall remove graffiti within forty eight (48)

hours of its placement.            If not removed within forty eight (48) hours, the City may

remove graffiti a maximum of three (3) times from private property at the City’s expense

in cases where the graffiti can be reached from the ground. Only the graffiti itself shall

be removed or painted over by the City. In cases when the graffiti cannot be reached

from the ground without use of a ladder, due to safety concerns, all removal

responsibility resides with the property owner and must be removed as per


Ord No.        (CM)                                                                        4
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Section 5-41.07(d) of this code. Painting or repair of more extensive areas on private

property by the City is prohibited.

        Owners and tenants are encouraged implement graffiti prevention measures

such as placement of lights, fencing and landscaping to prevent graffiti incidents and

also to keep graffiti removal supplies on their property to facilitate immediate removal of

graffiti. The City shall provide informational resources to assist owners and tenants with

graffiti prevention and removal.

        Should an owner fail to remove graffiti from a property, the following procedures

shall be implemented:

Sec. 5-41.04 Failure to remove graffiti within 48 hours.

        (a)      First incident. The City removes the graffiti and a Courtesy Notice and

letter is delivered to the owner and the person in control of the property. The Courtesy

Notice and letter shall inform the recipients of the City’s graffiti abatement procedures,

refer to community resources and will advise them of fines and penalties for failure to

abate after three incidents.

        (b)      Second incident. The City removes the graffiti and a Courtesy Notice is

given to the person in control of the property. Tenants, property managers, real estate

representatives in control of the property shall notify the owners of any property they

occupy, manage or represent should they receive a Courtesy Notice for any graffiti

incident.

        (c)      Third incident. The City removes the graffiti and a Warning Citation will

be sent by certified mail to the property owner. The contents of the Warning Citation

shall include:

                 (1)      The street address for identification of the property


Ord No.        (CM)                                                                      5
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                 (2)      A statement that the property is a graffiti nuisance

                 (3)      A brief description of the graffiti location and size

                 (4)      A statement that City ordinance requires that graffiti be removed

within 48 hours.

                 (5)      A copy of the City ordinance that provides for graffiti removal at the

City’s expense no more than three times per property.

                 (6)      Previous graffiti removal dates conducted by the City.

        (d)      Fourth and subsequent incidents. Graffiti not removed by the property

owner within 48 hours shall result in the issuance of a Citation. The 48 hour period

begins when City staff documents the existence of the graffiti. Graffiti allowed to remain

after 48 hours shall be removed by the City or contractor hired by the City. The property

owner shall be responsible for reimbursing the City for all costs including materials,

equipment, staff time and associated costs for the abatement of graffiti on their property,

plus all applicable fines. Fines are to be consistent with the City’s Penalty Provisions in

Title 1, Chapter 2 which provides for fines of $100 for the first violation, $200 for the

second violation and $500 for all subsequent violations.            Failure to abate the violation

or reimburse the City within 20 days shall result in a lien being placed subject property.

Sec. 5-41.05 Graffiti Prevention Education and Training.

        Notices from the City may include recommendations and resources to assist in

the prevention of graffiti, including but not limited to the following topics.

        (a)      Preventative action including lighting, fencing, and landscaping and

surveillance equipment.




Ord No.        (CM)                                                                             6
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        (b)      Preparation for future incidents including a recommendation that the

owner, property manager and/or tenant purchase paint and brushes or rollers to be

stored on-site.

        (c)      Community resources including free paint and volunteer assistance.

        (d)      Recommended graffiti removal methods including painted surfaces,

block walls and other unpainted surfaces.

        (e)      A list of contractors (not endorsed by the City) who may be hired by the

owner to perform graffiti removal.

        (f)      The effects of graffiti on the economy and quality of life.

        (g)      The reward offered for information leading to the arrest of graffiti vandals.

        (h)      Phone numbers for reporting graffiti in progress (911), the anonymous

crime tip line, and the Graffiti Hotline to report graffiti remaining on property.

Sec. 5-41.06 Graffiti on Property Owned by other Public Agencies.

        Owners of property such as public or quasi-public agencies, including but not

limited to utilities, telephone, railroad, television and schools, are required to comply

with the provisions of this ordinance.

Sec. 5-41.07 Reward.

        The City hereby offers a reward of Five Hundred ($500.00) Dollars for

information leading to the arrest and filing of criminal charges against any person

injuring, defacing or destroying public or private property by the placement of graffiti in

violation of Section 5-41.03(a) of this code.

Sec. 5-41.08 Restitution and Penalties.

        Persons convicted of graffiti vandalism shall pay and/or perform restitution to the

maximum extent possible under State law including but not limited to the following:


Ord No.        (CM)                                                                          7
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        (a)      Payment for damages

        (b)      Community service – a minimum of 208 hours. Up to 300 hours over a

period of 240 days.(594.6(a) PC) and 594.1(2) PC).

        (c)      Parents shall be liable for fines of a minor child convicted of graffiti

vandalism. (594(d) PC)

        (d)      Parents may be required to clean up, repair or replace damaged property

with their minor child. (594(c) PC)

        (e)      Fines can be from $1000 to $5000. (594(2)(A) and 594 (B) PC).

        (f)      Jail terms can be up to 1 year in County jail or State prison. (594(b)(1) and

594 (2)(A) PC)

        (g)      May be order to attend counseling. (594(f) PC)

        (h)      May be ordered to keep an area free of graffiti for up to 240 days. Parents

shall be required to assist their minor child. (594(f) PC)

        (i)      More than one act of vandalism committed in any consecutive 12-month

period may be aggregated for the purposed penalty (felony or misdemeanor). (594(B)(3)

PC)

SECTION 2. PUBLICATION.

        This ordinance shall be published in the Watsonville Register Pajaronian in

compliance with the provisions of the Charter of the City of Watsonville.

SECTION 3. EFFECTIVE DATE.

        This ordinance shall be in force and take effect thirty (30) days after its final

adoption.


                                        ******************************



Ord No.        (CM)                                                                         8
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                                                                                                                   CITY COUNCIL 6.2(a)




                                               City of Watsonville                                           By Carlos J. Palacios at 5:41 pm, Apr 22, 2009




                 COMMUNITY DEVELOPMENT DEPARTMENT
                                            MEMORANDUM


DATE:                        April 22, 2009

TO:                          Carlos J. Palacios, City Manager

FROM:                        Marcela Tavantzis, Interim Community Development Director                                                                        By Marcela Tavantzis at 10:29 am, Apr 22, 2009




                             Keith Boyle, Principal Planner

SUBJECT:                     CONSIDERATION OF A MURAL POLICY MODIFICATION.

AGENDA ITEM:                 April 28, 2009                                                              City Council


RECOMMENDATION:
The Ad-hoc council Committee recommends that the City Council adopt a resolution making
amendments to the City’s Mural Policy.

BACKGROUND/DISCUSSION:
Background. On March 23, 2004, the City Council adopted a Policy for Murals in Public
Spaces, Public Buildings, and Public Rights-of Way, by Resolution (#66-04 attachment #1).
This policy established specific criteria for review of murals and requires that all murals within
view of the public apply for and obtain approval of a mural permit by the City Council. At the
January 27, 2009 City Council meeting the City Council considered a mural application for the
Brown Beret bike shed. This gave the Council an opportunity to work with the current policy
and determine that an update of the policy was needed. Following the meeting, Mayor Antonio
Rivas appointed an Ad-hoc Council Committee to review the existing policy. Two of the three
members of the Mural Committee (Council Members Alejo and Bersamin) met on Monday
March 2, 2009 to discuss modifications to the policy to promote mural development and update
the restrictions on content, based on current laws. Written comments from the third member
were available during the meeting.

Existing policy. The existing policy adopted in 2004 established a wide range of review criteria
to be used for review of murals proposed. These criteria included “overall visual attractiveness
of the City and artistic creativity that reflects the unique character of the City”. Members of the
Subcommittee were concerned that this review criteria allowed too much ability to censor art,
as part of the review. It was recommended that the policy be modified to limit review criteria to
constitutional and health and safety issues, in order to reduce the potential to censor artwork.

Proposed policy. The new policy uses the existing framework of the previous policy but,
provides a different focus. The new policy includes language that murals are to be promoted
                                                       Page 1 of 2
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as an art form in the City. The policy has also been modified to reduce subjectivity of the
review criteria. Both open ended review statements from the previous policy; about enhancing
visual attractiveness, and reflecting unique character of the City, are proposed to be removed.
In order to provide greater artistic flexibility, the review criteria have been split into two
components including; private places and City spaces. The review criteria for private spaces
have fewer restrictions in order to allow greater creativity, and promote artwork within the City.
The City has stricter constitutional requirements and therefore has more restrictive review
criteria. Following potential constitutional issues raised before the originally scheduled March
2009 Council meeting, the policy has been further modified to eliminate the restrictions on
discriminatory language and religious symbols previously included in both the private places
and City spaces sections of the policy.

In order to promote the development of more murals in the community the Council committee
recommended reducing the fees for mural permit applications. The current fee is $200 for an
application. The Ad-hoc Council Committee recommends that the Council consider a
resolution with a tiered fee approach with fees for non-profit groups at $25 and $100 fee for
everyone else. In order to reduce the cost of processing a mural application, the newspaper
publication requirement for the Public Hearing has been removed from the process
requirements. The 300 foot mailing and site posting will still be required for noticing the public
hearing.

CONCLUSION/ RECOMMENDATION:
The Council Committee recommends that the City Council adopt a Resolution to amend the
Mural Policy to promote the development of murals and limit the review criteria in private
places.

STRATEGIC PLAN:
Murals are generally consistent with the 2007 Strategic Plan, which calls for the improvement
of quality of life for City residents and improve the City’s image and aesthetics. The proposed
mural policy modification is consistent with Goals 1 and 4, which call for Sustainable Economic
Development, Downtown Revitalization, and enhancement of the City’s image.

FINANCIAL IMPACT:
This project will cause a minor financial impact to the City, if the fee reduction resolution is
adopted. Reducing the fee will support the development of more murals in the City.

ALTERNATIVES:
1.   Adopt a resolution approving the mural modifications.
2.   Direct further modifications of the proposed mural policy.
3.   Maintain the existing mural policy.

ATTACHMENTS:
  1. Mural Policy (Resolution No. 66-04)
  2. Draft Mural Policy


cc:      City Attorney
                                                            Page 2 of 2
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                                     RESOLUTION NO .	               66-04	       (CM)

             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
             WATSONVILLE APPROVING AND ESTABLISHING THE POLICY FOR
             MURALS IN PUBLIC SPACES, PUBLIC BUILDINGS AND PUBLIC
             RIGHT-OF-WAYS


             WHEREAS, murals, like other public art, create a focal point for physical

    gathering, discussion, sharing of common interests, and provide an opportunity for

    personal, and community reflection ; and

             WHEREAS, the purpose of the proposed Policy is to establish a process for

    evaluating murals and a procedure for reviewing and evaluating proposed mural design

    and location within the City ; and

             WHEREAS, City Council's public participation in the evaluation and design is

    deemed necessary and appropriate.

             NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

    CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

             That the Policy for Murals in Public Spaces, Public Buildings and Public Right-of-

    Ways, attached hereto and incorporated herein, is hereby approved and established.
                                                      ************************




    Reso No .	 66-04 (CM)                                                                                    1
    L :\000NCIL1200410323041Murals policy reso .doc
    bvf 3125/200412 :31 :00 PM                                                          AJS	   CJP	   CDD	


                                                                                                             ATTACHMENT 1
                                                                                                                 Page 1 of 6
	




             The foregoing resolution was introduced at a regular meeting of the Council of the

    City of Watsonville, held on the	                  23rd	     day of	       March	      , 2004, by Council

    Member	            Doerinq-Nielsen	               , who moved its adoption, which motion being duly

    seconded by Council Member 	                      de la	 Paz	       , was upon roll call carried and the

    resolution adopted by the following vote:

    AYES :                       COUNCIL MEMBERS :                  de la Paz, Phares, Skillicorn, Doering-
                                                                    Nielsen

    NOES :                       COUNCIL MEMBERS :                  Bersamin, Rivas, Gomez

    ABSENT :                     COUNCIL MEMBERS :                  None




                                                                           Judy Doering-Nielsen, Mayor

    ATTEST:


          ‘1/ij i-             L
             City Clerk




    Reso No .	 66-04 (CM)
    L :ICOUNCIL1200410323041Murals policy reso .doc
    bvf 31251200412 :31 :00 PM                                                                                ATTACHMENT 1
                                                                                                                  Page 2 of 6
City of Watsonville Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways

1. INTRODUCTION
Murals, like other public art, create a focal point for physical gathering, discussion,
sharing of common interests, and provide an opportunity for personal and community
reflection, all of which is beneficial to the health, welfare, and quality of life of the
community . Murals are most often proposed by community members or organizations,
but may also be commissioned by the City . Funding may either be through donations,
private funding such as bequests, or supported in whole or part with City funds.
A mural, whether located in or on City space or building, within a public space or within a
public right-of-way is visible to the general public and is representative of individual and
community values . Because of the high visibility and reflection of community values,
public participation in the evaluation of location and design is deemed necessary and
appropriate by the City Council.

2. OBJECTIVE, APPLICABILITY AND DEFINITIONS

    A. Objective
    The purpose of this policy is to establish standards for evaluating murals and a
    procedure for reviewing and evaluating proposed mural design and location within the
    City.

    B. Applicability
    This policy shall apply to any mural proposed on or in a City space or building, a
    public place or a public right-of-way within the City.

    C. Definitions

        1) City Spaces and Buildings . The term "city spaces and buildings" shall mean
           any property (other than a right-of-way) owned by the City of Watsonville.
        2) Right-of-ways . The term "right-of-ways" shall mean any public or private
           parcel or easement utilized for the purpose of public vehicular and/or
           pedestrian movement including CALTRANS (California Department of
           Transportation) rights-of-way within the City limits.
        3) Mural. A "mural" means an outdoor wall decoration consisting of related
           elements intended as a decorative or ornamental feature or to highlight a
           building's architectural or structural features . It may be a painting, a sculpture,
           tile, or a carved wood panel . The mural may not be used for advertising
           purposes nor shall there be any lighting (neon or other artificial light) within the
           mural . Lighting of the mural by indirect sources may be approved in
           conjunction with the request.
        4) Public Places . The term "public places" shall mean any exterior area on public
           or private property, which is easily accessible and clearly visible to the general

                                                                      Attachment/Exhibit to:
Q :\000NCIL\2004 Meetings\032304\Mural Policy 2004 .doc
                                                                 Resolution No .,	 it'	        (CM)
                                                                                                      ATTACHMENT 1
                                                                                                          Page 3 of 6
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 2 of 4

            public . If located on private property the area must be open to the general
            public and clearly visible from adjacent public areas such as streets, sidewalks,
            or other public thoroughfares.

3. REVIEW CRITERIA

    A. General Criteria : The City Council and any Commission reviewing the mural shall
       consider the proposals to ensure design integrity using the following criteria:

        1) The mural will enhance the building appearance and overall visual
           attractiveness of the City.
        2) The mural demonstrates artistic creativity that reflects the unique character of
           the City.
        3) The mural is not for advertising purposes.
        4) The mural does not create an environmental, ecological, or public safety issue.
        5) Where proposed to be placed on City spaces and buildings or in public rights-
           of-way, the mural complies with Standards for Murals in public places set forth
           below.
        6) The proponents are including adequate safeguards to prevent and ensure
           repair of the mural in the event of graffiti or other vandalism which shall be
           included in the City approved agreement.

    B. Standards for Murals in public places . The City Council hereby establishes the
       following established policy on content of art placed in or on public buildings and
       right-of-way within the City:

        1) Nudity . Artwork containing nudity may be permissible unless a) it would
           constitute obscene matter, i .e ., matter taken as a whole, which to the average
           person applying contemporary community standards appeals to the prurient
           interest and which depicts in a patently offensive way sexual conduct and
           which lacks serious literary, artistic, political or scientific value ; or b) it
           promotes sexual violence against an individual or group.
        2) Violence . Artwork may be excluded if it promotes or condones violence
           against an individual or group or its graphic quality would be objectionable to
           the mural's target audience.
        3) Religious Symbols . Artwork exhibited on or in public buildings shall be
           content neutral as it relates to religion or faith-based communities or symbols.
        4) Partisan Political Statements on Public Property. Artwork on public
           property which contains partisan political statements may be excluded.

4 . APPLICATION AND PERMIT PROCEDURE

    A. Application : Application forms for mural permits are available from the
       Community Development Department, 250 Main Street, Watsonville (831) 728-
       6018 . The application shall be submitted by the person or organization proposing


Q :\000NCIL\2004 Meetings\032304\Mural Policy 2004 .doc            Attachment/Exhibit to :


                                                                                                ATTACHMENT 1
                                                                                                    Page 4 of 6
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 3 of 4

        the mural and shall include the individual or organization's name, address, and
        daytime telephone number as well as the processing fee, as established by the
        City Council . If located on private property, the application shall include reliable
        evidence of ownership of the parcel or owner written authorization as well as
        owner contact information.

    B. Information Required : Application forms for mural permits shall include the
       following minimum information and any additional information deemed necessary
        by staff of the Community Development Department to complete the review of the
       application:

        1) Copies of a color sketch to include full and accurate summary of the
           dimensions, weight or other physical characteristics of the proposed mural
           drawn to scale in 11" x 17" format.
        2) Copies of the elevation of the building noting the location and dimension of the
           mural in 11" x 17" format . Information as to existing texture and material of the
           building may also be required.
        3)     A written description of the proposed mural, the artistic purpose of the
           mural, including subject matter ; type of paint and sealer to be used ; and
           expected life span and maintenance plan for the mural.
        4) A description of costs associated with initial placement or installation of the
           mural and recurring maintenance costs.
        5) A description of the process to be used to create the mural . For example, will
           children be involved in the design process working with a professional artist?
        6) Completed and signed Artist/ Agency Agreement.

    C. Processing Procedure:

        1) Upon receipt of an application form for a mural permit, staff shall notify and
           route copies of the application materials to appropriate departments and
           appropriate agencies . Staff shall examine the application for completeness, for
           conformance with the City's existing rules, regulations and policies and make a
           recommendation to the City Council . The following criteria shall be the basis
           for review, comment, and recommendation on any proposed mural:

            a) Safety concerns that exist or may arise due to the nature of the mural or its
               placement.
            b) Negative impacts of the mural given environmental and ecological
               considerations of the proposed location.
            c) Poor site selection/ planning including landscaping, drainage, grading,
               lighting, and seating considerations.
            d) Poor accessibility to the public including persons with disabilities.
            e) Negative impact on adjacent property owners' sight line and site views
            f) Vulnerability to vandalism.


                                                                      Attachment/Exhibit to :
Q :\COUNCIL\2004 Meetings\032304\Mural Policy 2004 .doc


                                                                                                ATTACHMENT 1
                                                                                                    Page 5 of 6
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 4 of 4

            g) Missing other site requirements such as water, electricity, and lighting due
               to the nature of the mural.
            h) Lack of durability of the mural and its inability to withstand exposure to the
               elements.
            i) Availability of maintenance to properly care for and keep the mural safe
               from vandalism and graffiti.
            j) Whether the proposed artwork would interfere with access and use of City
               right-of-way or public areas or public areas for their principle intended uses.
            k) The budgetary impact of acceptance of the mural and cost of site
               development.

        2) Within 60-days of being deemed complete, the application for mural shall be
           submitted to the City Council for a public hearing . Public notice of the
           application shall comply with WMC 14-10 .900 et. seq.
        3) The City Council shall, following a public hearing, approve, conditionally
           approve, or deny the mural application.

5. AGREEMENT WITH APPLICANT AND/ OR ORGANIZATION
The City shall require the preparation and recording of an Artist/ Agency Agreement,
which shall detail the conditions of approval, any specific requirements for installation,
insurance provisions, ensure the Artist/Agency's cooperation in future maintenance of the
mural, and outline conditions under which the mural may be removed from the building.




Q :\000NCIL\2004 Meetings\032304\Mural Policy 2004 .doc


                                                                                                 ATTACHMENT 1
                                                                                                     Page 6 of 6
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 1 of 5

City of Watsonville Policy for Murals in Public Private Spaces,
Public Buildings & Public Right-of-Ways

1. INTRODUCTION
Murals, like other public art, create a focal point for physical gathering, discussion,
sharing of common interests, and provide an opportunity for personal and community
reflection, all of which is beneficial to the health, welfare, and quality of life of the
community. Murals are most often proposed by community members or organizations,
but may also be commissioned by the City. Funding may either be through donations,
private funding such as bequests, or supported in whole or part with City funds. It is the
intent of the City Council that murals and other forms of public art be promoted and
supported within the City of Watsonville. Since most murals are highly visible, criteria,
standards and procedures are deemed necessary and appropriate by the City Council as
set forth below.
A mural, whether located in or on City space or building, within a public space or within a
public right-of-way is visible to the general public and is representative of individual and
community values. Murals are intended to attract attention, represent free artistic
expression and be consistent with first amendment protections. Murals are generally
located in high visibility areas such as on or in City buildings, within public spaces, on
private places, or are visible to the public from a right-of-way. Because of the high
visibility, and reflection of community values, most murals are highly visible public
participation in the evaluation of location and design is deemed necessary and
appropriate by the City Council.

2. OBJECTIVE, APPLICABILITY AND DEFINITIONS

    A. Objective
    The purpose of this policy is to establish standards for evaluating murals and a
    procedure for reviewing and evaluating proposed mural design and location within the
    City.

    B. Applicability
    This policy shall apply to any mural proposed on /or in a City space or building, a
    public place or is visible from a public right-of-way within the City.

    C. Definitions

        1) City Spaces and Buildings. The term “city spaces and buildings” shall mean
           any property (other than a right-of-way) owned by the City of Watsonville.
 M:\CDD\CC Packet\AGENDA 09\04-28-09\mural policy\Attachment 2Mural Policy 2009 draft.doc
                                                                                            Attachment 2
                                                                                            Page 1 of 5
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 2 of 5

        2) Right-of-ways. The term “right-of-ways” shall mean any public or private
           parcel or easement utilized for the purpose of public vehicular and/or
           pedestrian movement including CALTRANS (California Department of
           Transportation) rights-of-way within the City limits.
        3) Mural. A “mural” means an outdoor wall decoration consisting of related
           elements intended as a decorative or ornamental feature or to highlight a
           building’s architectural or structural features. It may be a painting, a sculpture,
           tile, or a carved wood panel. The mural may not be used for advertising
           purposes nor shall there be any lighting (neon or other artificial light) within the
           mural. Lighting of the mural by indirect sources may be approved in
           conjunction with the request.
        4) Public Private Places. The term “public private places” shall mean any
           exterior area on public or private property, which is easily accessible and
           clearly visible to the general public. If located Murals on private property may
           the area must be open to the general public and clearly visible from adjacent
           public areas such as streets, sidewalks, or other public thoroughfares.

3. REVIEW CRITERIA

    A. General Criteria: The City Council and any Commission reviewing the mural shall
       consider the proposals to ensure design integrity using the following criteria:

        1) The mural will enhance the building appearance and overall visual
           attractiveness of the City.
        2) The mural demonstrates artistic creativity that reflects the unique character of
           the City.
        1) The mural is not primarily for business advertising purposes.
        2) The mural does not create an environmental, ecological, or public safety issue.
        3) Where proposed to be placed on City spaces and buildings, private places and
           buildings or in visible from public rights-of-way, the mural complies with
           Standards for Murals in public private places set forth in (Section B). set forth
           below;
        4) Where murals are proposed on City spaces and buildings the mural complies
           with Standards for Murals on City spaces and buildings set forth in (Section C).
        5) The proponents applicants are including adequate safeguards to prevent and
           ensure repair of the mural in the event of graffiti or other vandalism which shall
           be included in the City approved agreement.

    B. Standards for Murals in public private places. The City Council hereby
       establishes the following established policy on content of art placed in /or on
       public buildings private places and visible from right-of-way within the City:

 M:\CDD\CC Packet\AGENDA 09\04-28-09\mural policy\Attachment 2Mural Policy 2009 draft.doc
                                                                                            Attachment 2
                                                                                            Page 2 of 5
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 3 of 5

        1) Nudity. Artwork containing nudity may be permissible unless a) it would
           constitute obscene matter, i.e., matter taken as a whole, which to the average
           person applying contemporary community standards appeals to the prurient
           interest and which depicts in a patently offensive way sexual conduct and
           which lacks serious literary, artistic, political or scientific value; or b) it
           promotes sexual violence against an individual or group.
        2) Violence. Artwork may be excluded if it promotes or, condones violence
           against an individual or group, or its graphic quality would be objectionable to
           the mural’s target audience.
        3) Religious Symbols. Artwork exhibited on or in public buildings shall be
           content neutral as it relates to religion or faith-based communities or symbols.
        4) Partisan Political Statements on Public Property. Artwork on public
           property which contains partisan political statements may be excluded.
        3) Discriminatory in nature. Artwork shall not represent discrimination against
           any race, religion, color, sex, national origin, sexual orientation or disability.

    C. Standards for Murals on City spaces and buildings. The City Council hereby
       establishes the following policy on content of art placed in /or on City spaces and
       buildings owned by the City:

        1) Nudity. Artwork containing nudity may be permissible unless a) it would
           constitute obscene matter, i.e., matter taken as a whole, which to the average
           person applying contemporary community standards appeals to the prurient
           interest and which depicts in a patently offensive way sexual conduct and
           which lacks serious literary, artistic, political or scientific value; or b) it
           promotes sexual violence against an individual or group.
        2) Violence. Artwork may be excluded if it promotes or, condones violence
           against an individual or group, or its graphic quality would be objectionable to
           the mural’s target audience.
        3) Religious Symbols. Artwork exhibited on or in City buildings with religious
           symbols shall be in compliance with legal standards to include a balance with
           secular symbols. Murals should be evaluated on the entirety of the mural
           design and not only on a particular religious symbol(s).
        4) Partisan Political Statements on Public Property. Artwork on public
           property which contains partisan political statements may be excluded.
        5) Discriminatory in nature. Artwork shall not represent discrimination against
           any race, religion, color, sex, national origin, sexual orientation or disability.


4. APPLICATION AND PERMIT PROCEDURE


 M:\CDD\CC Packet\AGENDA 09\04-28-09\mural policy\Attachment 2Mural Policy 2009 draft.doc
                                                                                            Attachment 2
                                                                                            Page 3 of 5
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 4 of 5

    B. Application: Application forms for mural permits are available from the
       Community Development Department, 250 Main Street, Watsonville (831) 728-
       6018 768-3050. The application shall be submitted by the person or organization
       proposing the mural and shall include the individual or organization’s name,
       address, and daytime telephone number as well as the processing fee, as
       established by the City Council. If located on private property, the application
       shall include reliable evidence of ownership of the parcel or owner written
       authorization as well as owner contact information.

    C. Information Required: Application forms for mural permits shall include the
       following minimum information and any additional information deemed necessary
       by staff of the Community Development Department to complete the review of the
       application:

        5) Copies of a color sketch to include full and accurate summary of the
            dimensions, weight or other physical characteristics of the proposed mural
            drawn to scale in 11" x 17" format.
        6) Copies of the elevation of the building noting the location and dimension of the
            mural in 11" x 17" format. Information as to existing texture and material of the
            building may also be required.
        7) A written description of the proposed mural, the artistic purpose of the mural,
            including subject matter; type of paint and sealer to be used; and expected life
            span and maintenance plan for the mural.
        8) A description of costs associated with initial placement or installation of the
            mural and recurring maintenance costs.
        9) A description of the process to be used to create the mural. For example, will
            children be involved in the design process working with a professional artist?
        10) Completed and signed Artist/ Agency Agreement.

    D. Processing Procedure:

        5) Upon receipt of an application form for a mural permit, staff shall notify and
           route copies of the application materials to appropriate departments and
           appropriate agencies. Staff shall examine the application for completeness, for
           conformance with the City’s existing rules, regulations and policies and make a
           recommendation to the City Council. The following criteria shall be the basis
           for review, comment, and recommendation on any proposed mural:

             a) Safety concerns that exist or may arise due to the nature of the mural or its
                placement.
             b) Negative impacts of the mural given environmental and ecological
                considerations of the proposed location.
 M:\CDD\CC Packet\AGENDA 09\04-28-09\mural policy\Attachment 2Mural Policy 2009 draft.doc
                                                                                            Attachment 2
                                                                                            Page 4 of 5
Policy for Murals in Public Spaces,
Public Buildings & Public Right-of-Ways
Page 5 of 5

             c) Poor site selection/planning including landscaping, drainage, grading,
                lighting, and seating considerations.
             d) Poor accessibility to the public including persons with disabilities.
             e) Negative impact on adjacent property owners’ sight line and site views
             f) Vulnerability to vandalism.
             g) Missing other site requirements such as water, electricity, and lighting due
                to the nature of the mural.
             h) Lack of durability of the mural and its inability to withstand exposure to the
                elements.
             i) Availability of maintenance to properly care for and keep the mural safe
                from vandalism and graffiti.
             j) Whether the proposed artwork would interfere with access and use of City
                right-of-way or public areas or public areas for their principle intended uses.
             k) The budgetary impact of acceptance of the mural and cost of site
                development.

        6) Within 60-days of being deemed complete, the application for mural shall be
           submitted to the City Council for a public hearing. Public notice of the
           application shall comply with WMC 14-10.900 et. seq. except for the published
           notice requirement.
        7) The City Council shall, following a public hearing, approve, conditionally
           approve, or deny the mural permit application.

5. AGREEMENT WITH APPLICANT AND/ OR ORGANIZATION
The City shall require the preparation and recording of an Artist/ Agency Agreement,
which shall detail the conditions of approval, any specific requirements for installation,
insurance provisions, ensure the Artist/Agency’s cooperation in future maintenance of the
mural, and outline conditions under which the mural may be removed from the building.




 M:\CDD\CC Packet\AGENDA 09\04-28-09\mural policy\Attachment 2Mural Policy 2009 draft.doc
                                                                                            Attachment 2
                                                                                            Page 5 of 5
                                                                                                                                           CITY COUNCIL 6.2(d)




                                     RESOLUTION NO.__________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE APPROVING MODIFICATION OF THE CITY’S POLICY
         FOR MURALS IN PRIVATE SPACES, PUBLIC BUILDINGS AND
         PUBLIC RIGHT-OF-WAYS

                                  Rescinds Resolution No. 66-04 (CM)

         WHEREAS, on March 23, 2004, by Resolution No. 66-04 (CM) the City adopted

the Policy for Murals in Public Spaces, Public Buildings and Public Right-of-Ways; and

         WHEREAS, on January 27, 2009, the City Council directed the Mayor to appoint

a Mayor’s Ad-hoc Mural Committee to examine the policies of the existing resolution to

determine if modifications were necessary to promote the development of murals; and

         WHEREAS, on March 2, 2009, the Mayor’s Ad-hoc Mural Committee met and

made recommendations to modify the existing policy.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         That the Council of the City of Watsonville does hereby approve and establish

modification of the City’s policy for Murals in Private Spaces, Public Buildings and Public

Right-of-Ways, as described hereafter and attached hereto and identified as Exhibit “A.”



                                          ********************************




Reso No.         (CM)                                                                                                                                                      1
Q:\COUNCIL\2009\042809\Modification of Mural Policy.docx                                  By Carlos J. Palacios at 2:58 pm, Apr 23, 2009




ri 4/23/2009 12:28:53 PM                                                     AJS ______ CJP ______CDD ______                                By Keith Boyle at 8:23 am, Apr 23, 2009
Policy for Murals in Private Spaces,
Public Buildings & Public Right-of-Ways
Page 1 of 4

City of Watsonville Policy for Murals in Private Spaces,
Public Buildings & Public Right-of-Ways

1. INTRODUCTION
Murals, like other public art, create a focal point for physical gathering, discussion,
sharing of common interests, and provide an opportunity for personal and community
reflection, all of which is beneficial to the health, welfare, and quality of life of the
community. Murals are most often proposed by community members or organizations,
but may also be commissioned by the City. It is the intent of the City Council that murals
and other forms of public art be promoted and supported within the City of Watsonville.
Since most murals are highly visible, criteria, standards and procedures are deemed
necessary and appropriate by the City Council as set forth below.
 Murals are intended to attract attention, represent free artistic expression and be
consistent with first amendment protections. Murals are generally located in high visibility
areas such as on or in City buildings, within public spaces, on private places, or are
visible to the public from a right-of-way. Because most murals are highly visible, public
participation in the evaluation of location and design is deemed necessary and
appropriate by the City Council.

2. OBJECTIVE, APPLICABILITY AND DEFINITIONS

   A. Objective
   The purpose of this policy is to establish standards for evaluating murals and a
   procedure for reviewing and evaluating proposed mural design and location within the
   City.

   B. Applicability
   This policy shall apply to any mural proposed on /or in a City space or building, a
   public place or is visible from a public right-of-way within the City.

   C. Definitions

        1) City Spaces and Buildings. The term “city spaces and buildings” shall mean
           any property (other than a right-of-way) owned by the City of Watsonville.
        2) Right-of-ways. The term “right-of-ways” shall mean any public or private
           parcel or easement utilized for the purpose of public vehicular and/or
           pedestrian movement including CALTRANS (California Department of
           Transportation) rights-of-way within the City limits.
        3) Mural. A “mural” means an outdoor wall decoration consisting of related
           elements intended as a decorative or ornamental feature or to highlight a
           building’s architectural or structural features. It may be a painting, a sculpture,
Q:\COUNCIL\2009\042809\Mural Policy Exhibit A Final.docx
                                                                                  Exhibit "A"
                                                                                  Page 1 of 4
Policy for Murals in Private Spaces,
Public Buildings & Public Right-of-Ways
Page 2 of 4

           tile, or a carved wood panel. The mural may not be used for advertising
           purposes nor shall there be any lighting (neon or other artificial light) within the
           mural. Lighting of the mural by indirect sources may be approved in
           conjunction with the request.
        4) Private Places. The term “private places” shall mean any exterior area on
           private property, which is easily accessible and clearly visible to the general
           public. Murals on private property may be open to the general public and
           clearly visible from adjacent public areas such as streets, sidewalks, or other
           public thoroughfares.

3. REVIEW CRITERIA

   A. General Criteria: The City Council and any Commission reviewing the mural shall
      consider the proposals to ensure design integrity using the following criteria:

        1) The mural is not primarily for business advertising purposes.
        2) The mural does not create an environmental, ecological, or public safety issue.
        3) Where proposed to be placed on private places and buildings visible from
           public rights-of-way, the mural complies with Standards for Murals in private
           places set forth in (Section B).
        4) Where murals are proposed on City spaces and buildings the mural complies
           with Standards for Murals on City spaces and buildings set forth in (Section C).
        5) The applicants are including adequate safeguards to prevent and ensure repair
           of the mural in the event of graffiti or other vandalism which shall be included in
           the City approved agreement.

   B. Standards for Murals in private places. The City Council hereby establishes the
      following policy on content of art placed in /or on private places and visible from
      right-of-way within the City:

        1) Nudity. Artwork containing nudity may be permissible unless a) it would
           constitute obscene matter, i.e., matter taken as a whole, which to the average
           person applying contemporary community standards appeals to the prurient
           interest and which depicts in a patently offensive way sexual conduct and
           which lacks serious literary, artistic, political or scientific value; or b) it
           promotes sexual violence against an individual or group.
        2) Violence. Artwork may be excluded if it promotes or, condones violence
           against an individual or group, or its graphic quality would be objectionable to
           the mural’s target audience.

   C. Standards for Murals on City spaces and buildings. The City Council hereby
      establishes the following policy on content of art placed in /or on City spaces and
      buildings owned by the City:

Q:\COUNCIL\2009\042809\Mural Policy Exhibit A Final.docx
                                                                                  Exhibit "A"
                                                                                  Page 2 of 4
Policy for Murals in Private Spaces,
Public Buildings & Public Right-of-Ways
Page 3 of 4


        1) Nudity. Artwork containing nudity may be permissible unless a) it would
           constitute obscene matter, i.e., matter taken as a whole, which to the average
           person applying contemporary community standards appeals to the prurient
           interest and which depicts in a patently offensive way sexual conduct and
           which lacks serious literary, artistic, political or scientific value; or b) it
           promotes sexual violence against an individual or group.
        2) Violence. Artwork may be excluded if it promotes or, condones violence
           against an individual or group, or its graphic quality would be objectionable to
           the mural’s target audience.
        3) Partisan Political Statements on Public Property. Artwork on public
           property which contains partisan political statements may be excluded.

3. APPLICATION AND PERMIT PROCEDURE

   A. Application: Application forms for mural permits are available from the
      Community Development Department, 250 Main Street, Watsonville (831) 768-
      3050. The application shall be submitted by the person or organization proposing
      the mural and shall include the individual or organization’s name, address, and
      daytime telephone number as well as the processing fee, as established by the
      City Council. If located on private property, the application shall include reliable
      evidence of ownership of the parcel or owner written authorization as well as
      owner contact information.

   B. Information Required: Application forms for mural permits shall include the
      following minimum information and any additional information deemed necessary
      by staff of the Community Development Department to complete the review of the
      application:

        1) Copies of a color sketch to include full and accurate summary of the
           dimensions, weight or other physical characteristics of the proposed mural
           drawn to scale in 11" x 17" format.
        2) Copies of the elevation of the building noting the location and dimension of the
           mural in 11" x 17" format. Information as to existing texture and material of the
           building may also be required.
        3) A written description of the proposed mural, the artistic purpose of the mural,
           including subject matter; type of paint and sealer to be used; and expected life
           span and maintenance plan for the mural.
        4) A description of costs associated with recurring maintenance costs.
        5) A description of the process to be used to create the mural. For example, will
           children be involved in the design process working with a professional artist?

   C. Processing Procedure:
Q:\COUNCIL\2009\042809\Mural Policy Exhibit A Final.docx
                                                                               Exhibit "A"
                                                                               Page 3 of 4
Policy for Murals in Private Spaces,
Public Buildings & Public Right-of-Ways
Page 4 of 4


        1) Upon receipt of an application form for a mural permit, staff shall notify and
           route copies of the application materials to appropriate departments and
           appropriate agencies. Staff shall examine the application for completeness, for
           conformance with the City’s existing rules, regulations and policies and make a
           recommendation to the City Council. The following criteria shall be the basis
           for review, comment, and recommendation on any proposed mural:

            a) Safety concerns that exist or may arise due to the nature of the mural or its
               placement.
            b) Negative impacts of the mural given environmental and ecological
               considerations of the proposed location.
            c) Poor site selection/planning including landscaping, drainage, grading,
               lighting, and seating considerations.
            d) Poor accessibility to the public including persons with disabilities.
            e) Negative impact on adjacent property owners’ sight line and site views
            f) Vulnerability to vandalism.
            g) Missing other site requirements such as water, electricity, and lighting due
               to the nature of the mural.
            h) Lack of durability of the mural and its inability to withstand exposure to the
               elements.
            i) Availability of maintenance to properly care for and keep the mural safe
               from vandalism and graffiti.
            j) Whether the proposed artwork would interfere with access and use of City
               right-of-way or public areas or public areas for their principle intended uses.
            k) The budgetary impact of acceptance of the mural and cost of site
               development.

        2) Within 60-days of being deemed complete, the application for mural shall be
           submitted to the City Council for a public hearing. Public notice of the
           application shall comply with WMC 14-10.900 et. seq. except for the published
           notice requirement.
        3) The City Council shall, following a public hearing, approve, conditionally
           approve, or deny the mural permit application.




Q:\COUNCIL\2009\042809\Mural Policy Exhibit A Final.docx
                                                                                 Exhibit "A"
                                                                                 Page 4 of 4
                                                                                                                                            CITY COUNCIL 6.2(e)



                                     RESOLUTION NO.__________ (CM)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         WATSONVILLE REDUCING APPLICATION FEE FOR MURALS WITHIN
         THE CITY OF WATSONVILLE

                                 Rescinds Resolution No. 169-04 (CM)

         WHEREAS, on June 22, 2004, by Resolution No. 169-04 (CM) the City adopted

and established a $200.00 application fee for the review of proposed murals within the

City limits; and

         WHEREAS, on January 27, 2009, the City Council directed the Mayor to appoint

an Ad-hoc Mural Committee to examine the policies of the existing resolution to

determine if modifications were necessary to promote the development of murals; and

         WHEREAS, on March 2, 2009, the Mayor’s Ad-hoc Mural Committee met and

made recommendations to reduce the existing mural application fee in order to promote

murals in the City.

         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

         1.       That the Council hereby adopts and establishes the reduced mural

application fee from the current fee of Two-Hundred ($200) Dollars to the new fee of

Twenty-Five ($25) Dollars for non-profit groups for the review of proposed murals within

the City limits.

         2.       That the Council hereby adopts and establishes the reduced mural

application fee from the current fee of Two-Hundred ($200) Dollars to the new fee of

One-Hundred ($100.00) Dollars for everyone else for the review of proposed murals

within the City limits.



                                        ***********************************

Reso No.         (CM)                                                                                                                                                        1
Q:\COUNCIL\2009\042809\Modification of Mural Policy Fee.docx                              By Carlos J. Palacios at 11:52 am, Apr 23, 2009




ri 4/22/2009 3:43:51 PM                                                       AJS ______ CJP ______CDD ______                                 By Keith Boyle at 8:27 am, Apr 23, 2009
                                                                                                                CITY COUNCIL 6.3(a)




                                         City of Watsonville
                                     Redevelopment and Housing             By Carlos J. Palacios at 3:00 pm, Apr 23, 2009




                                           MEMORANDUM



DATE:                      April 15, 2009

TO:                        Carlos J. Palacios, City Manager

FROM:                      Marty Ackerman, Redevelopment & Housing Director                  By Marty Ackerman at 3:08 pm, Apr 15, 2009




                           Jackie Ventura, Administrative Analyst

SUBJECT:                   Public Hearing and Resolution Approving the Community
                           Development Block Grant Annual 2009-2010 Action Plan and
                           Authorizing the City Manager to Submit it to the U. S.
                           Department of Housing and Urban Development

AGENDA ITEM:               April 28, 2009                                 City Council



RECOMMENDATION:
  1. Hold a public hearing on the proposed 2009 Annual Action Plan, which governs
     the use of Community Development Block Grant (CDBG) funds granted to the
     City for fiscal year 2009; and
  2. Following the public hearing, adopt a resolution approving the Action Plan and
     authorizing the City Manager to execute the document and submit it to the United
     States Department of Housing and Urban Development (HUD) for their approval,
     with any possible adjustment to the funding levels, and with clarifying and/or non-
     substantive modifications, as necessary.


BACKGROUND:
The CDBG program provides annual grants on a formula basis to “entitlement” cities
and counties to enable them to develop viable urban communities by providing decent
housing and a suitable living environment, and by expanding economic opportunities,
principally for low- and moderate-income persons. The CDBG definitions of “low and
moderate” income equate to what most other state and federal programs refer to as
“lower income,” or in the terms used by the Watsonville Affordable Housing Program,
“very low” to “median”. The program is authorized under Title 1 of the Housing and
Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.-5301
et seq. The CDBG grants may be used for a wide range of community development
activities as long as they meet the goals of revitalizing neighborhoods, creating jobs,
and providing improved community facilities and services in lower-income areas.

                                                   Page 1 of 5
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Watsonville, as one of two principal cities in Santa Cruz County, is an entitlement city.
Entitlement cities (grantees) such as Watsonville may develop their own programs and
funding priorities for use of the annual CDBG grants, as long as they give funding
priority to activities that benefit low- and moderate-income persons. A grantee may also
carry out activities that aid in the prevention or elimination of slums or blight.
Additionally, grantees may fund activities when the grantee certifies that the activities
meet other community development needs having a particular urgency because existing
conditions (such as the aftermath of a natural disaster) pose a serious and immediate
threat to the health or welfare of the community, and where other financial resources
are not available to meet such needs. CDBG funds may not be used for activities that
do not meet these broad national objectives.

Eligible Activities
CDBG funds may be used for activities that include, but are not limited to:
   • Acquisition of real property;
   • Relocation and demolition;
   • Rehabilitation of residential and non-residential structures;
   • Construction of public facilities and improvements, such as water and sewer
       facilities, streets, neighborhood centers, and the conversion of school buildings
       for eligible purposes;
   • Public services, within certain limits;
   • Activities relating to energy conservation and renewable energy resources; and
   • Provision of assistance to profit-motivated businesses to carry out economic
       development and job creation/retention activities.

Ineligible Activities
Generally, the following types of activities are ineligible for CDBG funding:
   • Acquisition, construction, or reconstruction of buildings for the general conduct of
       government;
   • Political activities;
   • Certain income payments (subsistence or welfare-type grants to an individual or
       family for items such as food, clothing, housing, or utilities);
   • General government expenses;
   • Equipment; and
   • Construction of new housing by units of general local government.

DISCUSSION:
In order to receive the 2009 CDBG grant, the City Council must adopt an annual “Action
Plan” which describes the community development activities proposed to be funded
with the 2009 grant, as well as any program income estimated to be received during
2009. The City must adopt a new Action Plan every year, as a required component of its
2005-2010 Consolidated Plan, which was approved by the City Council in April 2005.
Following adoption by the Council, the Action Plan must be submitted to HUD for
approval prior to expenditure of any new funds.


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The CDBG entitlement grant for Program Year 2009 is estimated to be $845,274, based
on last year’s allocation, due to HUD’s delay in posting the 2009 formula allocations.
Staff has been in regular contact with our HUD Community Planning and Development
(CPD) representative, and has been instructed to prepare this Action Plan based on last
year’s figures as estimates. The actual entitlement amount may differ by an estimated
margin of one to two percent. We will therefore adjust funding levels as necessary once
the actual allocation amount is confirmed.

In the past five years, the City of Watsonville has seen a steady decrease in CDBG
funding, from a high of $1.03 million in 2004 to the current year’s amount. In past years
a number of activities were completed with CDBG funding, including the Muzzio Park
and associated Mona Lisa neighborhood parking and street improvements, the
acquisition of the new park site at 37 Davis Avenue and relocation of the Neighborhood
Services modular office to that site, implementation of a façade program, soccer field
drainage improvements, as well as several ongoing programs and services, such as the
Youth Center recreational services and the housing rehabilitation program. In addition,
the Fire Department was able to acquire a used fire truck with 2007 funds, as this item
was listed as a contingency activity.

Summary of 2009 Action Plan
The tables below display the amounts of funding anticipated to be available for activities
in 2009, and the activities proposed for funding, consistent with the content of the 2009
Action Plan.


Estimated Revenues

     CDBG Entitlement Grant for Fiscal Year 2009-10 (Estimated)             845,274
     Estimated Program Income receipts during Fiscal Year 2009-10           200,000
     Prior Years’ Estimated Funds Available for Reprogramming               550,000
     Total Funds Available for 2009 Activities (Estimate)                $1,595,274




                                                   Page 3 of 5
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Proposed Activities

       Category                                         Activity                  Funding
                                                                                  Amount
                             Youth Center Recreation Services: Funding to            150,000
                             operate the recreational programs offered at the
                             Youth Center to provide young residents with an
                             alternative to gangs and crime.
Public Services
                             Downtown Police Department Foot Patrol:                  20,000
                             Funding for regular foot or bicycle patrols of the
                             downtown by a police officer in order to improve
                             public safety and increase police presence.
                             Downtown Streetscape Improvements Phase II:             400,000
                             Replace and upgrade downtown street lights
Public Facilities/           and electrical components to improve
Improvements                 pedestrian safety, improve security, and as part
                             of the downtown revitalization efforts to
                             encourage economic development.
                             Housing Rehabilitation Program: Loans and/or            277,385
Affordable                   grants for rehabilitation of homes owned and/or
Housing                      occupied by low income households.
Prevention/                  Code Enforcement Services: Provides funding             150,000
Elimination of               for residential code enforcement services
Slums & Blight               primarily in older neighborhoods.
                             Microenterprise/Small Business Assistance:               50,000
                             Annual grant to El Pájaro Community
                             Development Corporation for its technical
Economic                     assistance programs for small business.
Development                  Downtown Commercial Rehabilitation Program:             125,000
                             Matching grants for façade and/or sign
                             improvements, and loans for more substantial
                             rehabilitation of commercial properties in the
                             downtown.
                             Section 108 Loan for Civic Plaza Parking                213,834
                             Structure: Annual city debt service on loan of
Section 108
                             federal funds for construction of the parking
Loan Payments
                             structure, as part of the Civic Plaza economic
                             development project.
                             Administration: Contract management, fiscal             109,055
                             tasks, compliance monitoring & reporting
                             required annually for the CDBG program.
Administration &
                             Plans & Studies: Downtown Revitalization                100,000
Planning
                             Strategy Area Plan, Retail Leakage Study/Retail
                             Strategy, Industrial Business Inventory,
                             Inventory of Industrial Property.
TOTAL                                                                              1,595,274

                                                   Page 4 of 5
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M:\RAHD\AGENDA\2009\04-28-09\CDBG Action Plan 2009 SR.doc
In addition to the 2009 activities listed, several activities funded in 2008 will be
completed during the 2009 fiscal year, including several parks and public facilities
projects.

Public Review
A public meeting was held on February 26, 2009, to solicit public comments on the use
of CDBG funds, and a draft of the Action Plan has been available for public review and
comment at the One Stop Permit Center since March 26. The public comment period
ends on April 26, 2009. No public comments were received at the public meeting on
February 26.

STRATEGIC PLAN:
Projects proposed in the 2009 Action Plan are consistent with the City’s goals of
economic development, improving the public infrastructure, and improving the City’s
image. They are also consistent with the priority needs listed in the City’s Consolidated
Plan, which include economic development, affordable housing, and youth and
community services.

FINANCIAL IMPACT:
The submission and approval of the 2009 Action Plan will allow the City to receive its
2009 CDBG Entitlement Grant of approximately $845,274.

ALTERNATIVES:
The City Council could direct staff to make amendments to the 2009 Action Plan prior to
adoption, or could decline to adopt it, thereby precluding the City from receiving the
annual entitlement grant.

ATTACHMENTS:
None

cc:      City Attorney




                                                   Page 5 of 5
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                                                                                                                                      CITY COUNCIL 6.3(d)




                              RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE APPROVING THE COMMUNITY DEVELOPMENT
        BLOCK GRANT (“CDBG”) ANNUAL ACTION PLAN FOR PROGRAM
        YEAR 2009-2010 AND AUTHORIZING THE CITY MANAGER TO
        SUBMIT SAME TO THE UNITED STATES DEPARTMENT OF HOUSING
        AND URBAN DEVELOPMENT FOR THEIR APPROVAL, WITH ANY
        POSSIBLE ADJUSTMENTS TO THE FUNDING LEVELS, AND WITH
        CLARIFYING AND/OR NON-SUBSTANTIVE MODIFICATIONS, AS
        NECESSARY

        WHEREAS, the City of Watsonville ("City") has been designated an “Entitlement

City” by the United States Department of Housing and Urban Development (“HUD”)

which entitles the City to receive an annual allocation of Community Development Block

Grant (“CDBG”) funds to implement housing and community development projects

throughout the entire City; and

        WHEREAS, the Action Plan is a required annual component of the 2005-2010

Consolidated Plan for HUD approval before the City can receive 2009 CDBG funds.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA AS FOLLOWS:

        1.       That the Community Development Block Grant Annual Action Plan for

Program Year 2009-2010 is hereby approved, attached hereto and incorporated herein.

        2.       That the City Manager is hereby authorized and directed to submit to HUD,

for their approval with any possible adjustment to the funding levels, and with clarifying

and/or non-substantive modifications, as necessary, for and on behalf of the City of

Watsonville, the City’s Community Development Block Grant Annual Action Plan for

Program Year 2009-2010,

                                          **********************************


Reso No.         (CM)                                                                                                                                     1
Q:\COUNCIL\2009\042809\CDBG Action Plan 2009.docx                                   By Carlos J. Palacios at 12:00 pm, Apr 23, 2009




ri 4/22/2009 3:51:05 PM                                                  AJS ______ CJP ______ RAHD________                             By Marty Ackerman at 6:03 pm, Apr 22, 2009
                         CITY OF WATSONVILLE


   COMMUNITY DEVELOPMENT BLOCK GRANT
          ANNUAL ACTION PLAN
           PROGRAM YEAR 2009

Funding Sources .......................................................................................................................... 3 
Executive Summary .................................................................................................................... 4 
Resources...................................................................................................................................... 4 
   Federal and State Resources..................................................................................................... 4 
   Local Resources ........................................................................................................................ 5 
Addressing Priority Needs.......................................................................................................... 6 
   Affordable Housing ................................................................................................................... 6 
   Public Services .......................................................................................................................... 7 
   Economic Development............................................................................................................. 7 
   Infrastructure (Public Works) ................................................................................................... 9 
   Homelessness/Special Needs ..................................................................................................... 9 
Geographic Distribution of Assistance .................................................................................... 11 
Homeless and Special Needs..................................................................................................... 11 
Other Actions ............................................................................................................................. 12 
CDBG Program Specific Requirements.................................................................................. 13 
Citizen Participation ................................................................................................................. 23 
Monitoring Plan......................................................................................................................... 24 




                                                           Table of Contents
      COMMUNITY DEVELOPMENT BLOCK GRANT
      2009 ACTION PLAN



      This page intentionally left blank (back of Table of Contents)




Page 2 ■ City of Watsonville
                                                          COMMUNITY DEVELOPMENT BLOCK GRANT
                                                                            2009 ACTION PLAN


Funding Sources
*The following amounts are all estimated based on last year’s allocation until the U. S. Department of Housing and Urban
Development publishes the 2009 formula allocations http://www.hud.gov/offices/cpd/communitydevelopment/budget/
These amounts may vary +/- 1 to 2 percent, in which case the City may increase funding to one or more activities listed
Entitlement Grant (includes reallocated funds)
      CDBG                                                                              $845,274
      ESG                                                                                     $0
      HOME                                                                                    $0
      HOPWA                                                                                   $0
Total                                                                                                        $845,274

Prior Years' Program Income NOT previously programmed or reported
      CDBG                                                     $0
      ESG                                                      $0
      HOME                                                     $0
      HOPWA                                                    $0
Total                                                                                                                 $0

Reprogrammed Prior Years' Funds
      CDBG                                                                              $550,000
      ESG                                                                                     $0
      HOME                                                                                    $0
      HOPWA                                                                                   $0
Total                                                                                                        $550,000

Total Estimated Program Income
      Housing Rehabilitation Loan Payments                                              $200,000
Total                                                                                                        $200,000

Section 108 Loan Guarantee Fund                                                                                       $0

TOTAL FUNDING SOURCES                                                                                      $1,595,274

Other Funds                                                                                                           $0

Submitted Proposed Projects Totals                                                                         $1,595,274

Un-Submitted Proposed Projects Totals                                                                                 $0




                                                                                    City of Watsonville ■ Page 3
       COMMUNITY DEVELOPMENT BLOCK GRANT
       2009 ACTION PLAN


Executive Summary
The City of Watsonville allocates its CDBG entitlement grants according to the priority needs
established in the Consolidated Plan and the current needs of the City for community
development activities and projects. This year the Action Plan proposes to fund the City’s most
needed projects and programs, particularly those for which other funding is not currently
available. The programs and projects proposed for funding are in the areas of: economic
development; public services, such as youth services and crime prevention programs; public
facilities, such as streets, sidewalks and other infrastructure; affordable housing; and related
community development activities.

This Action Plan describes the resources (funding) available to the City for community
development purposes, including federal and other sources and describes the priority needs in
detail and the projects or programs proposed to fulfill those needs in full or part. Also included
is a discussion of several other topics required by HUD in all Action Plans, such as local levels
of homelessness, residents with special needs, citizen participation requirements, and plans for
monitoring CDBG funded projects to ensure performance and compliance.


Resources
The following resources are expected to be available during Fiscal Year 2009-10 to address the
priority needs identified in the City’s 2005-2010 Consolidated Plan.

Federal and State Resources

       Community Development Block Grant (CDBG)
       The City’s CDBG Entitlement from the U.S. Department of Housing and Urban
       Development (HUD) for fiscal year 2009-10 is estimated at $845,274. Program Income
       receipts for 2009-10 are estimated at $200,000, and an estimated balance of $550,000
       that will be reprogrammed or carried over from the 2008 program year, for an estimated
       total of $1,595,274 expected to be available for CDBG-eligible activities.

       *The above amounts are all estimated based on last year’s allocation until the U. S. Department
       of Housing and Urban Development publishes the 2009 formula allocations
       http://www.hud.gov/offices/cpd/communitydevelopment/budget/

       HOME Investment Partnership Program
       The City receives HOME funds from the State of California Housing and Community
       Development Department. The City recently completed administering a 2003 HOME
       grant of $600,000 and a 2004 HOME grant of $800,000 for its First Time Homebuyer
       program. The City was recently awarded a grant in the amount of $800,000 to continue
       the program, which provides deferred, “silent second” mortgage loans to low-income
       first time homebuyers purchasing homes within the City limits.


Page 4 ■ City of Watsonville
                                            COMMUNITY DEVELOPMENT BLOCK GRANT
                                                              2009 ACTION PLAN



      CalHome Grant
      In 2007 the City was awarded a grant of $600,000 by the State CalHome program for
      the City’s Owner-Occupied Housing Rehabilitation Program, and an additional
      $600,000 in 2008 for the First Time Homebuyer Program. This program provides
      deferred “silent second” mortgage loans to low-income, first time homebuyers
      purchasing homes within the City of Watsonville.


Local Resources


      Redevelopment Agency 20% Housing Set-aside
      These funds are used to support low- and moderate-income housing projects. At the
      current time there are sufficient funds from this source to operate the City’s ongoing
      affordable housing programs, such as the Down Payment Assistance Program.

      City of Watsonville Social Service Grants
      For fiscal year 2009-10, the City’s Social Services Grant Program will make
      approximately $330,000 available to non-profit community organizations that perform a
      variety of social services related to the City’s Priority Needs.

      Affordable Housing Trust Fund
      The City’s Affordable Housing Ordinance requires housing developers to either provide
      between 15% and 20% of their newly built housing units to low- and moderate-income
      households at affordable rents or sales prices or to make and “in lieu” payment. Builders
      of smaller market-rate housing and the developers of commercial and industrial projects
      must pay in-lieu fees into the City’s Affordable Housing Trust Fund, to be used for
      affordable housing projects and programs.




                                                                City of Watsonville ■ Page 5
       COMMUNITY DEVELOPMENT BLOCK GRANT
       2009 ACTION PLAN


Addressing Priority Needs
The priority needs identified in the City’s Five-Year Consolidated Plan, the corresponding local
objectives, and the specific activities to be undertaken during the 2009 Program Year to address
each need are outlined below.

Affordable Housing

       Several programs address the various local objectives to address the need for affordable
       housing in the City.

       Housing Rehabilitation Program
             This program offers deferred or low-interest financing for repair and
             rehabilitation of housing occupied by low income homeowners or tenants. The
             City anticipates rehabilitating several rental units and a number of owner-
             occupied homes during the program year. Funding from CDBG is available for
             rental and owner-occupied properties, and state funds from the CalHome and Joe
             Serna, Jr. grants are available for owner-occupied properties. This year, a new
             emphasis on green building techniques will be implemented in conjunction with
             rehabilitation activities to take advantage of energy- and water-saving measures
             available to create utility cost savings for the occupants.

       Homeownership Opportunities
            The City’s Home Buyer Loan Programs, which include the First Time Home
            Buyers Program and Down Payment Assistance Program, are designed to assist
            low and moderate households to move from renting to homeownership. The
            loans provide additional down payment funds for the homebuyers, and payments
            are deferred for up to 30 years. The City expects to assist approximately 8
            homebuyers during program year 2009.

       Residential Code Enforcement
              This program provides code enforcement services to eradicate substandard and
              unsafe housing conditions (health and safety code violations) in the City in order
              to ensure safe living conditions for rental tenants and others. The City has had
              frequent house fires in recent years due to code violations, often related to
              improperly used space heaters and other faulty electrical wiring, in which several
              residents, including small children, have perished. This program attempts to
              prevent future tragedies of this nature by eliminating the unsafe conditions which
              create fire hazards. In conjunction with this program, the City offers a residential
              relocation assistance program to tenants who may be involuntarily displaced
              temporarily due to unsafe housing conditions in rental housing.




Page 6 ■ City of Watsonville
                                            COMMUNITY DEVELOPMENT BLOCK GRANT
                                                              2009 ACTION PLAN



      Farm Worker Housing Rehabilitation
            The City obtained a Joe Serna, Jr. Farm Worker Housing grant of $350,000 in
            2007 for the Housing Rehabilitation Program (see above). These funds may be
            used to rehabilitate substandard homes owned and occupied by eligible low-
            income farmworkers. Due to the State’s recent budget challenge, these funds
            were put on hold for several months and we expect to receive a notice of release
            in the near future.

Public Services

      Youth Services
            Local objectives of providing positive alternatives for youth in order to prevent
            juvenile crime and gang violence are addressed through several ongoing
            programs under the Police and the Parks, Recreation and Community Services
            Departments. These programs include the Police Activities League, Recreation
            Activities, and the Enterprise Community Youth Summer Web Page Design Job
            Training Program. The Parks and Community Services Department operates
            three computer centers in the City. These computer centers are strategically
            located to provide access to computers and the internet for Watsonville residents
            and their families. All three centers serve the Watsonville residents by providing
            a safe space to enhance educational and occupational skills through the use of
            state of the art computer equipment, and provide a safe space for recreational
            opportunities.

      Downtown Foot Patrol
            In conjunction with this year’s priority focus on revitalizing the downtown, a
            small portion of the public services allocation for 2009 is proposed to fund foot
            or bicycle patrols of the downtown by a police officer in order to improve public
            safety and public perception of the downtown as a safe area. Currently no such
            patrols occur on foot or bicycle due to funding limitations and more urgent needs
            for police activity elsewhere.


Economic Development


      Enterprise Zone Tax Credit Voucher Program
             The Redevelopment and Housing Department administers this program. The
             program provides a variety of State tax credits for businesses that locate in the
             enterprise zone and/or hire local residents.

      City-wide Retail Leakage Study/Retail Strategy
             As recommended in the 2007 Economic Development Strategy adopted by the
             City Council, a current city-wide retail leakage study will be completed and


                                                                 City of Watsonville ■ Page 7
      COMMUNITY DEVELOPMENT BLOCK GRANT
      2009 ACTION PLAN


             targeted retail strategy developed in order to increase the variety of goods
             available to local residents, provide new jobs, and increase sales tax revenues.
             The retail strategy will also focus on visitor-oriented retail, such as destination
             shopping districts, stores showcasing local specialties, and other magnet stores
             that will attract tourists and residents from throughout region, as recommended
             in the Economic Development Strategy.

      Downtown Revitalization

      Façade and Sign Grant Program
             This program, funded by redevelopment and CDBG funds, provides loans or
             grants to assist downtown businesses to improve their facades and signage in
             order to eliminate blighted conditions in the downtown, create a positive retail
             environment, stimulate business, provide needed goods and services, and retain
             jobs in the downtown. Matching grants of up to $10,000, or loans for larger
             amounts, will be provided for eligible façade and/or sign projects.

      Business Loan Guarantee Program
             This program provides loan guarantee assistance to near-bankable businesses
             located or locating in the downtown. The program provides a tangible economic
             incentive for businesses to locate or remain in the downtown by helping
             businesses acquire loans for working capital, which are otherwise somewhat
             difficult to obtain. The City will hold a “Banker’s Breakfast” early in the
             program year to generate interest in the program among area commercial lenders
             and economic development agencies.

      Downtown Technical Assistance
            Technical assistance will be provided to businesses of any size located in the
            downtown who may need specialized services or advice in areas such as
            marketing, financial management and financing, legal compliance, coordination
            and creation of a downtown association for cooperative marketing purposes, or
            other topics that may be needed. This technical assistance may be provided to
            businesses separately or in conjunction with assistance from either the façade
            and sign or loan guarantee programs.

      Downtown Revitalization Plan
            The City will develop a downtown revitalization plan to provide a detailed,
            focused plan for revitalizing the downtown. Creation of this plan will identify
            current strengths and weaknesses of the downtown, strategies for improvement,
            priorities areas for funding, marketing strategies, and so on.

      Downtown Streetscape Improvements Phase I
            The City commissioned an experienced urban design firm to develop a
            downtown beautification program, to include designs and recommendations for
            streetscape improvements such as plantings/flower baskets, public art and/or


Page 8 ■ City of Watsonville
                                             COMMUNITY DEVELOPMENT BLOCK GRANT
                                                               2009 ACTION PLAN


             street furniture, additional way-finding and other public signage, and designs for
             gateways to the downtown. The goal of this activity is to create a visually
             appealing environment that will attract more local residents and visitors alike to
             spend time to shop, dine, and do business in downtown Watsonville. The new
             and expanded library, Agricultural History Museum, and re-opened Fox Theatre
             will serve as new recreational destinations in the downtown in support of this
             goal, in addition to the new civic destinations such as the Superior Courts.
             Funding for Phase II, implementation, of this project will be proposed in this
             Action Plan.


      Small Business Assistance

      Small Business/Micro-enterprise Assistance Program
             The El Pájaro Community Development Corporation provides technical
             assistance, training and counseling to small businesses and micro-enterprises
             located throughout the City. In addition, it operates a small business incubator
             (Plaza Vigil) with multiple small storefronts and offices at below-market rents
             available to start-up businesses in downtown Watsonville. This program is
             funded in part by an annual allocation from the City’s CDBG entitlement grant.

      Small Business Micro-Loan Guarantee Program
             This program is a joint effort between the City and local lending institutions that
             provides financing for improvements to or expansion of local small businesses,
             which in some cases may have difficulty obtaining commercial credit.

Infrastructure (Public Works)

      The City’s infrastructure is improved by various Public Works projects, including
      reconstruction, rehabilitation, and/or addition of streets, sidewalks, and other types of
      infrastructure, and the removal of architectural barriers to accessibility for the physically
      challenged within public areas and ways.


Homelessness/Special Needs

      The City addresses the needs of the homeless and citizens with special housing needs by
      on-going support of local service agencies through the City’s Social Service Grant
      Program. Additionally, the City participates in the Santa Cruz County-wide Continuum
      of Care strategy through financial and human resources contributions to the Homeless
      Action Partnership (formerly the Santa Cruz County Continuum of Care Committee),
      See the Homelessness and Special Needs section for more details.




                                                                  City of Watsonville ■ Page 9
      COMMUNITY DEVELOPMENT BLOCK GRANT
      2009 ACTION PLAN


      Transitional Housing Programs
              Two transitional housing programs currently operate facilities and provide
              services in Watsonville

             (1)     Pájaro Valley Shelter Services (PVSS) utilizes a comprehensive,
             outcome-oriented approach to homelessness, which includes counseling and
             other services such as the childcare center, to help families move beyond the
             cycle of poverty and homelessness. PVSS operates a transitional housing facility
             consisting of five older homes on a single site that were rehabilitated with the
             help of the City’s Housing Rehabilitation Program. PVSS is also acquiring three
             affordable homes from the City of Watsonville that will also be rehabilitated
             with the help of the City’s Rehabilitation Program.

             (2)      The Salvation Army operates the Loma Prieta Transitional Housing
             Complex, which is made up of three older homes which were rehabilitated with
             FEMA 403 funds and technical help provided by City’s Housing Rehabilitation
             Program. The Loma Prieta program provides services and counseling to prepare
             their clients to make the transition to permanent housing and independent living.

      Special Housing Needs
             Housing and supportive services for elderly, frail elderly, persons with
             disabilities (mental, physical, developmental), persons with alcohol or other drug
             addition, persons with HIV/AIDS and their families is provided by various
             community and social service agencies which are assisted by the City’s Social
             Service Grant Program.




Page 10 ■ City of Watsonville
                                            COMMUNITY DEVELOPMENT BLOCK GRANT
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Geographic Distribution of Assistance
The entire City, with a median income of approximately 65% of the county median, is
considered a low- and moderate-income area. According to Census 2000, the Hispanic
"minority" population of Watsonville comprises over 80% of the total population. Therefore, all
projects located within the city limits can be considered to meet the National Objective of
serving low- and moderate-income residents, as well as reaching traditionally under-served
groups.

Low- and moderate-income household data was obtained and is available from the HUD
website (http://www.hud.gov/offices/cpd/systems/census/lowmod/ca/index.cfm). The data on
the ethnic and racial composition of the City’s population is from Census 2000.


Homeless and Special Needs
Citizens who are homeless or have other special housing needs are designated as one of the
City’s Priority Needs. Local Objectives designed to address this Priority Need include support
of local service agencies, expansion of transitional housing programs, and continued
participation in the Homeless Action Partnership (formerly the County’s Continuum of Care
Coordinating Group). See the Priority Needs section for more details.

       Homeless Action Partnership (Continuum of Care)
             During the past year, the Homeless Action Partnership (HAP) continued its
             efforts to implement the Strategic Plan on Homelessness with oversight of the
             plan from the HAP’s Executive Committee. The HAP’s homeless census and
             survey committee also planned and coordinated the 2009 Homeless Census and
             Survey.

              The Executive Committee consists of individuals from the various jurisdictions
              in the County. The Assistant City Manager represents Watsonville on this
              committee. One of the committee’s tasks is to seek funding for the Emergency
              Winter Shelter program. As a result they have been getting better acquainted
              with the various agencies that provide homeless services in the County. The goal
              is to develop a funding formula to allow local on-going funding, which is very
              important since the state has reduced funding for these types of services.

              The HAP has implemented a Homeless Information Management System.
              Funding for this system is attained through local on-going funding. HAP has
              utilized the experiences shared by other Bay Area counties to aid the
              implementation of the database.




                                                               City of Watsonville ■ Page 11
      COMMUNITY DEVELOPMENT BLOCK GRANT
      2009 ACTION PLAN


Other Actions

      Reducing the Number of Families in Poverty
            Economic development is identified as a priority need for the City, to be
            addressed by expanding economic opportunities for low- and moderate-income
            persons through creating jobs, assisting small businesses, and promoting
            business expansion. Additionally, the city’s job training programs and social
            service grants aim to reduce the number of families in poverty.

      Coordination between public and private housing and social service agencies
            The City’s Social Service Grant program and other social services funding
            awarded by the City to non-profit organizations provide opportunities to
            coordinate public and private efforts. The City participates in several
            collaborative efforts such as the Homeless Action Partnership (HAP), the
            Monarch Disabled Housing project and the Small Business Loan Guarantee
            program, and plans to continue cooperative resource pooling in future projects.




Page 12 ■ City of Watsonville
                                         COMMUNITY DEVELOPMENT BLOCK GRANT
                                                           2009 ACTION PLAN


CDBG Program Specific Requirements

Program Year 2009: Anticipated Revenue

      CDBG Entitlement                                               $845,274
      Estimated Program Income Receipts Fiscal Year 2009-10          $200,000
      Fiscal Year 2008-09 Carryover/Reprogrammed Funds                $550,000
      Total                                                         $1,595,274




                                                         City of Watsonville ■ Page 13
      COMMUNITY DEVELOPMENT BLOCK GRANT
      2009 ACTION PLAN



Program Year 2009: Summary of Proposed Projects

      Public Services
             Youth Center Staff                                         $150,000
             Downtown Police Department Foot Patrol                      $20,000
      Public Facilities / Improvements
            Downtown Streetscape Improvements – Phase II                $400,000

      Low-Income Housing
             Housing Rehabilitation Program (Rental and Owner)          $277,385

      Elimination of Slum/Blight
             Code Enforcement                                           $150,000

      Economic Development
             Micro/Small Business Assistance Program - EPCDC             $ 50,000
             Downtown Commercial Rehabilitation (incl. Façade/Sign)     $125,000
      Loan Payments
             Section 108 Loan Payment: Civic Plaza Parking Structure    $213,834
      Administration
             Program Delivery, Plans and Studies                        $209,055

             Total                                                     $1,595,274




Page 14 ■ City of Watsonville
                                               COMMUNITY DEVELOPMENT BLOCK GRANT
                                                                 2009 ACTION PLAN


Proposed Project Detail

Project Title:          Youth Center Staff
CDBG Funding:           $150,000
Description:            Continued funding for increased Parks, Recreation and Community
                        Services staff positions at the Youth Center, which provides recreational
                        services to approximately 110 youth each day. The Youth Center
                        provides a variety of recreation and neighborhood services programs that
                        benefit the City's youth.

Eligibility/            570.208(a)(2) - Low/Mod Limited Clientele
 National Objective:    Nature/Location as per subparagraph (D): The Youth Center target
                        population is low- and moderate-income, at-risk youth. Although
                        services are available to youth residing anywhere in the City, the actual
                        clientele of the Center tend to be predominately at-risk youth from the
                        immediately adjacent high density residential areas, located in Census
                        Tract 1103.00, Block Group 2, in which 79.3% of the households have
                        low or moderate incomes.
                        Service area: City-wide
                        Percent Low/Mod: 54.8%

Matrix Code/Citation:   05D Youth Services/570.201(e)
Accomplishment Goal:    350 Youth
Start - Completion:     7/1/2009 – 6/30/2010



Project Title:          Downtown Police Department Foot Patrol
CDBG Funding:           $20,000
Description:            Funding for occasional foot or bicycle patrols of the downtown by a
                        police officer in order to improve public safety and increase police
                        presence in the downtown area.

Eligibility/            570.208(A)(1) - Low/Mod Area
 National Objective:    Service Area: Census Tract 1103.00
                        Percent Low/Mod: 78.5%

Matrix Code/Citation:   05I Crime Awareness/Prevention/570.201(e)
Accomplishment Goal:    7683 People
Start - Completion:     7/1/2009 – 6/30/2010



                                                                 City of Watsonville ■ Page 15
        COMMUNITY DEVELOPMENT BLOCK GRANT
        2009 ACTION PLAN


Proposed Project Detail (continued)


Project Title:          Downtown Streetscape Improvements – Phase II
CDBG Funding:           $400,000
Description:            Replace and upgrade downtown street lights and electrical components to
                        improve pedestrian safety, improve security, and as part of the downtown
                        revitalization efforts to encourage economic development.
Eligibility/            570.208(A)(1) - Low/Mod Area
 National Objective:    Service Area: Census Tract 1103.00
                        Percent Low/Mod: 78.5%

Matrix Code/Citation:   03K Street Improvements/570.201(c)
Accomplishment Goal:    7683 People
Start - Completion:     7/1/2009 - 6/30/2010



Project Title:          Housing Rehabilitation Program
CDBG Funding:           $277,385
Description:            This total amount includes approximately $150,000 carried over from the
                        previous year’s allocation for continuation of this program. The on-going
                        Watsonville Housing Rehabilitation Program assists in the rehabilitation
                        of homes owned or rented by low- and moderate-income residents. In
                        addition to the provision of low-interest loans for rehabilitation projects,
                        City staff assists eligible participants to develop the scope of work and
                        plans and specifications for their projects, and handle contract bidding
                        and construction management. The City anticipates rehabilitating up to
                        three housing units during 2009.

Eligibility/            570.208(a)(3) - Low/Mod Housing
 National Objective:    City-wide program, eligibility based on income documentation.

Matrix Code/Citation:   14A Rehab; Single-Unit Residential/570.202
Accomplishment Goal:    3 Housing Units
Start - Completion:     7/1/2009 – 6/30/2010




Page 16 ■ City of Watsonville
                                               COMMUNITY DEVELOPMENT BLOCK GRANT
                                                                 2009 ACTION PLAN


Proposed Project Detail (continued)


Project Title:          Code Enforcement
CDBG Funding:           $150,000
Description:            Funding for residential code enforcement services primarily in older
                        neighborhoods.

Eligibility/            570.208(A)(1) – Low/Mod Areas
 National Objective:    Service Area: City-wide

Matrix Code/Citation:   15 Code Enforcement/570.202(c)
Accomplishment Goal:    100 Housing Units
Start - Completion:     7/1/2009 – 6/30/2010



Project Title:          Micro/Small Business Assistance Program
CDBG Funding:           $50,000
Description:            Annual sub-recipient grant to El Pájaro Community Development
                        Corporation, a private, non-profit organization, for the provision of
                        micro-enterprise assistance and general technical assistance to small
                        businesses through its Incubator Without Walls program.

Eligibility/            570.208(A)(2) - Low/Mod Limited Clientele
 National Objective:    City-wide program, eligibility based on income documentation.

Matrix Code/Citation:   18C Micro-Enterprise Assistance/570.201(o)
Accomplishment Goal:    50 Businesses
Start - Completion:     7/1/2009 – 6/30/2010




                                                                 City of Watsonville ■ Page 17
        COMMUNITY DEVELOPMENT BLOCK GRANT
        2009 ACTION PLAN


Proposed Project Detail (continued)


Project Title:          Downtown Commercial Rehabilitation (incl. Façade/Sign)
CDBG Funding:           $125,000
Description:            Grants for façade and/or sign improvements, and loans for more
                        substantial rehabilitation of commercial properties in the downtown.

Eligibility/            570.208(b)(1) – Slum/Blight Area Benefit
 National Objective:
Matrix Code/Citation:   18A ED Direct Financial Assistance to For-Profits/570.203(b)
Accomplishment Goal:    5 Businesses
Start - Completion:     7/1/2009 – 6/30/2010



Project Title:          Section108 Loan – Planned Repayments, Civic Plaza Parking Structure
CDBG Funding:           $213,834
Description:            Annual debt service on a twenty-year, $2,530,000 Section 108 loan used
                        to partially finance construction of the Civic Plaza Parking Structure
                        located at 260 Rodriguez Street.

Eligibility/            570.705(c)
 National Objective:
Matrix Code/Citation:   19F Planned Repayments of Section 108 Loan Principal
Accomplishment Goal:    N/A
Start - Completion:     7/1/2009 – 6/30/2010




Page 18 ■ City of Watsonville
                                               COMMUNITY DEVELOPMENT BLOCK GRANT
                                                                 2009 ACTION PLAN


Proposed Project Detail (continued)


Project Title:          Program Delivery, Administration and Planning
CDBG Funding:           $209,055
Description:            The City’s Redevelopment and Housing Department will continue to
                        perform administrative, outreach, planning, technical assistance, studies
                        and monitoring functions. In addition to administration and program
                        outreach, these functions include the monitoring of subrecipients
                        according to the City’s Subrecipient Monitoring Plan, and regular intra-
                        and inter-departmental consultation regarding project progress, timeliness
                        of expenditures, planning, community participation and compliance with
                        all CDBG regulations and national objectives, and consistency with the
                        Five-Year Consolidated Plan. Additional plans and studies may include
                        Downtown Revitalization Plan, Retail Leakage Study/Retail Strategy,
                        Industrial Business Inventory, and Inventory of Industrial Real Property.

Eligibility/            N/A
 National Objective:
Matrix Code/Citation:   21A General Program Administration
Accomplishment Goal:    N/A
Start - Completion:     7/1/2009 – 6/30/2010




                                                                City of Watsonville ■ Page 19
        COMMUNITY DEVELOPMENT BLOCK GRANT
        2009 ACTION PLAN


Contingency Projects

The following Contingency Project(s) (back-up activities) may be funded if sufficient additional
CDBG Program Income and/or reprogrammed funds become available during the program
year:

Project Title:          Freedom/Carey Area Assessment District: Phase I
CDBG Funding:           $200,000
Description:            Surveying, engineering, planning and permitting of a street reconstruction
                        project to include installation of drainage and pedestrian improvements
                        and ADA-compliant ramps, curb, gutter and sidewalk for the removal of
                        architectural barriers to accessibility.

Eligibility/            570.208(A)(1) – Low/Mod Area
 National Objective:    Service Area: Census Tract 1105.02
                           Percent Low/Mod: 67.1%

                        570.208(a)(2) – Low/Mod Limited Clientele
                          City-wide benefit presumed as per subparagraph (A), for
                          7,320 disabled City residents age 21 and over (2000 Census data)

Matrix Code/Citation:   03K Street Improvements/570.201(c)
Accomplishment Goal:    6165 People / 7,320 People
Start - Completion:     7/1/2009 - 6/30/2010



Project Title:          Fire Equipment Acquisition
CDBG Funding:           $175,000 for one room; $225,000 for two rooms
Description:            Design and installation of up to two burn rooms, including heat
                        tiles/panels and lining in existing training/drill tower for live fire training
                        exercises at Fire Station #2, 372 Airport Blvd., Freedom

Eligibility/            570.208(A)(1) – Low/Mod Area
 National Objective:       Service Area: Census Tract 1107.00
                           Percent Low/Mod: 62.6%

Matrix Code/Citation:   03O Fire Station / Equipment/570.201(c)
Accomplishment Goal:    1 Public Facility
Start - Completion:     7/1/2009 - 6/30/2010




Page 20 ■ City of Watsonville
                                               COMMUNITY DEVELOPMENT BLOCK GRANT
                                                                 2009 ACTION PLAN


Contingency Projects (continued)


Project Title:          Crestview Park – Entry walkway and rail replacement
CDBG Funding:           $50,000
Description:            Corner of Crestview Drive and Brewington Avenue
Eligibility/            580.208(a)(1) – Low/Mod Area
 National Objective:     Service Area: Census Tract 1102.00
                         Percent Low/Mod: 52.7%

Matrix Code/Citation:   03F Parks, Recreational Facilities/570.201(c)
Accomplishment Goal:    1 Public Facility
Start - Completion:     7/1/2009 - 6/30/2010



Project Title:          Callaghan Park Playground Renovation
CDBG Funding:           $200,000 to $460,000
Description:            225 Sudden Street -
Eligibility/            580.208(a)(1) – Low/Mod Area
 National Objective:     Service Area: Census Tract 1105.01, Block Group 1
                         Percent Low/Mod: 75.6%
Matrix Code/Citation:   03F Parks, Recreational Facilities/570.201(c)
Accomplishment Goal:    1 Public Facility
Start - Completion:     7/1/2009 - 6/30/2010




                                                                City of Watsonville ■ Page 21
        COMMUNITY DEVELOPMENT BLOCK GRANT
        2009 ACTION PLAN


Contingency Projects (continued)


Project Title:          Ramsay Park Roof/Gym Floor Replacement
CDBG Funding:           $80,000
Description:            1301 Main Street -
Eligibility/            580.208(a)(1) – Low/Mod Area
 National Objective:     Service Area: Census Tract 1104.00, Block Group 1
                         Percent Low/Mod: 85%
Matrix Code/Citation:   03F Parks, Recreational Facilities/570.201(c)
Accomplishment Goal:    1 Public Facility
Start - Completion:     7/1/2009 - 6/30/2010

Project Title:          Youth Center Kitchen Upgrade
CDBG Funding:           $40,000
Description:            30 Maple Avenue -
Eligibility/            580.208(a)(1) – Low/Mod Area
 National Objective:     Service Area: Census Tract 1103.00, Block Group 4
                         Percent Low/Mod: 79.5%
Matrix Code/Citation:   03F Parks, Recreational Facilities/570.201(c)
Accomplishment Goal:    1 Public Facility
Start - Completion:     7/1/2009 - 6/30/2010

Project Title:          ADA Improvements – Public Facilities and Streets
CDBG Funding:           $75,000
Description:            Planning and implementation of the removal of architectural barriers to
                        accessibility for the mobility impaired in various public facilities and
                        streets throughout the city.
Eligibility/            570.208(a)(2) – Low-Mod Limited Clientele
 National Objective:    Citywide benefit presumed as per subparagraph (A), for 7,320 disabled
                        city residents age 21 and over (2000 Census data)
Matrix Code/Citation:   03 Public Facilities and Improvements/570.201(c)
Accomplishment Goal:    7,320 People
Start - Completion:     7/1/2009 - 6/30/2010




Page 22 ■ City of Watsonville
                                             COMMUNITY DEVELOPMENT BLOCK GRANT
                                                               2009 ACTION PLAN



Citizen Participation
The City’s Redevelopment and Housing Department (RAHD) manages various resources
available to the City for the promotion of Affordable Housing, Economic Development, and
Community Development. In this capacity, the RAHD was responsible for development of the
Action Plan, and the implementation of the Citizen Participation procedures as part of that
development process.

The citizen participation process for this Action Plan followed the applicable statutes and
regulations governing the U. S. Department of Housing and Urban Development Consolidated
Submission for Community Planning and Development Programs (24 CFR Part 91).

A Public Meeting was held on February 26, 2009, and the community was invited to participate
in preliminary discussions on the use of CDBG funds during fiscal year 2009-10. Notice was
published two weeks prior to the meeting in both English and Spanish, and Spanish translation
was available at the meeting. On March 26, 2009, a summary of the Action Plan was published
(in English and Spanish) in the local newspaper, including the locations and times during which
the full draft of the Plan could be reviewed, and public comment was invited. The Action Plan
draft remained available for public review until April 26, 2009, after which time a Public
Hearing will be/was held on April 28, 2009. Public Notice of the Hearing was given two weeks
in advance in English and Spanish, and Spanish translation will be/was available at the Hearing.

No comments were received during the 30-day public comment period.




                                                                City of Watsonville ■ Page 23
       COMMUNITY DEVELOPMENT BLOCK GRANT
       2009 ACTION PLAN



Monitoring Plan
The City's Redevelopment and Housing Department (RAHD) staff are responsible for managing
the operations of the CDBG Program and ensuring that CDBG funds are used in accordance
with program requirements. This includes the administration and implementation of CDBG
projects, such as housing rehabilitation and property acquisition, maintaining and monitoring
agreements with other City departments implementing CDBG projects, and the administration
and monitoring of subrecipient contracts. Additionally, RAHD staff work closely with the
Finance Department to ensure the appropriate and timely expenditure of CDBG funds.


INTERNAL MONITORING

CDBG projects implemented by the City are monitored on an on-going basis for compliance
with CDBG requirements. RAHD staff maintains documentation of grant compliance for each
activity, including CDBG eligibility, National Objective compliance and NEPA requirements.
RAHD staff also work closely with other City departments that implement CDBG projects to
ensure that all requirements are understood and met. RAHD staff provides final approval of
CDBG drawdowns, and reviews all expenditures for grant compliance before approval.

The RAHD is also responsible for the timely expenditure of CDBG funds, a process that begins
with the development of the annual Action Plan. Anticipated program income for the program
year is estimated as accurately as possible, and proposed Action Plan activities are reviewed for
their readiness and probability of timely implementation.

RAHD staff monitors timeliness continually throughout the year, determining the status of all
CDBG activities, in order to anticipate potential problems. A thorough review of the status of
all projects is conducted mid-way through the program year. At this time, if any slow-moving
projects are identified, or if unanticipated program income has been received, additional
projects will be proposed in an Action Plan Amendment.


SUBRECIPIENT MONITORING

CDBG subrecipients will be monitored annually to ensure their compliance with all regulations
and requirements governing their administrative, financial and programmatic operations, and to
verify achievement of their performance objectives within schedule and budget. The objectives
of the monitoring review are to:

       Evaluate subrecipient accomplishments and achievements;
       Determine areas of non-compliance;
       Assist in resolving compliance problems; and
       Strengthen channels of communication between the City and the subrecipient.



Page 24 ■ City of Watsonville
                                             COMMUNITY DEVELOPMENT BLOCK GRANT
                                                               2009 ACTION PLAN


Monitoring Plan (continued)

At the beginning of each program year, RAHD staff will evaluate each subrecipient for
classification as a High Risk Subrecipient (per 24CFR 85.12) using the following criteria:

       Is subrecipient new to CDBG?
       Is there high turnover in key staff positions?
       Are there past compliance or performance problems?
       Are activities high risk (acquisition, housing, economic development)?
       Are there multiple CDBG-funded activities for the first time?

Subrecipients classified as High Risk will be scheduled for more frequent monitoring.

Subrecipient Monitoring Process

The monitoring process will be standardized by the use of the Monitoring Review Checklist,
and will consist of five steps:

1.      Notification Letter
RAHD staff will begin the review process by calling the Executive Director of the subrecipient
organization to review the goals and scope of the monitoring, schedule actual review date(s),
and discuss the documents and staff needed to assist in the review process. A letter will then be
sent to the Executive Director, confirming everything discussed in the telephone conversation.

2.      Entrance Conference
An initial meeting will be held with the subrecipient to make sure the subrecipient has a clear
understanding of the purpose, scope and schedule for the monitoring.

3.     Documentation and Data Gathering and Analysis
RAHD staff will keep a clear record (by means of the monitoring checklist) of all information
reviewed and conversations held with subrecipient staff. Subrecipients may request that sources
be identified if any of the conclusions of the review are disputed.

       Documents to be reviewed may include, but are not limited to, the following:
       Subrecipient application for funding
       Written agreement
       Progress reports
       Draw-down requests
       Correspondence
       Previous monitoring reviews
       Copies of audits
       Subrecipient administrative policies and procedures
       Personnel policies
       Minutes of recent Board of Directors' meetings
       Current insurance policies


                                                                 City of Watsonville ■ Page 25
       COMMUNITY DEVELOPMENT BLOCK GRANT
       2009 ACTION PLAN


Monitoring Plan (continued)

4.      Exit Conference
Reviewer(s) will meet again with key representatives of the subrecipient organization to present
the preliminary results of the review and provide an opportunity for the subrecipient to correct
any misconceptions or misunderstandings. If areas of noncompliance or nonperformance have
been identified, the subrecipient may report on any steps already taken to address the
problem(s). Additionally, plans for corrective action, which may include training or technical
assistance, may be discussed.

5.      Follow-up
Finally, City staff will provide the subrecipient with formal written notification of the results of
the monitoring review. If problems have been identified, the letter will include deadlines for a
written response and corrective actions.




Page 26 ■ City of Watsonville
                                                                                                                                                                             CITY COUNCIL 7.1(a)




                                                                                                                            By Carlos J. Palacios at 8:42 am, Apr 21, 2009




                                                  City of Watsonville
                                            City Attorney’s Office

                                               MEMORANDUM


DATE:                          April 20, 2009

TO:                            Honorable Mayor and City Council Members

FROM:                          Alan J. Smith, City Attorney                     By Alan J. Smith at 8:34 am, Apr 21, 2009




SUBJECT:                       Alternative amendments to Code of Ethics and Values

AGENDA ITEM:                   April 28, 2009                                                                                                City Council



RECOMMENDATION: Adopt alternative 1 to amend Code of Ethics and Values

DISCUSSION:
The Council adopted a Code of Ethics and Values by Resolution 201-04 on August 10, 2004.
It has been reviewed and reaffirmed by Resolution No’s. 19-09 (CM) and 37-09 (CM) on
January 28, 2009, and March 10, 2009 respectively as part of the City’s Annual Strategic
Planning Process. A copy of the City’s Code of Ethics and Values is attached. The Code of
Ethics purports to emphasize and promote the four values of responsibility, fairness, respect
and honesty.
The Code of Ethics and Values does not now have any consequences for violation. The
Council has now requested alternative recommendations regarding penalties that could be
adopted so there would be more predictable procedure to evaluate alleged violations and
consequences for violations.
Attached are two alternatives.
Alternative 1 is more detailed. It establishes a procedure for processing violations and three
progressively more significant remedies.
Alternative 2 is more open ended and gives the Council broad discretion how to treat violations
and what consequences to impose.
                                                            Page 1 of 2
Alan Smith 4/21/2009 8:30:24 AM
\\fs1\UserProfiles$\ribarra\My Documents\Roxanna\Censorship Staff Report.docx
Although either alternative would work, I recommend alternative 1 because it allows the
Council to focus more on the behavior and worry less about process since process and
remedies would generally be laid out before the conduct occurs in what could be an
emotionally charged debate.

STRATEGIC PLAN: This proposal affects the Strategic Plan by making its implementation
more effective

FINANCIAL IMPACT: There could be an additional cost in staff time to assist Council should
there be a need to investigate and evaluate conduct.

ALTERNATIVES: Adopt Alternative 2; reject both alternatives, modify either alternative, direct
the City Attorney to return with other alternatives.

ATTACHMENTS:
1. Censure alternatives
2. Code of Ethics and Values

cc: City Attorney




                                                                 Page 2 of 2
Alan Smith 4/21/2009 8:30:24 AM
\\fs1\UserProfiles$\ribarra\My Documents\Roxanna\Censorship Staff Report.docx
                                 Censure alternatives
                                             Alternative 1
A request for admonition, reprimand or censure may be submitted to the City Clerk by any member of
the Council. Such request shall state all charges. The request shall first be considered by a two member
ad hoc committee of the Council appointed by the Mayor or if the Mayor is the subject, then the Mayor
Pro Tem, and then the Council in order of seniority.. The committee shall not however include the
member making the request or the person who is subject of the request. The City Clerk shall provide a
copy of the request and any charges at least 72 hours before any meeting to consider such charges.
Such ad hoc committee may be assisted by administrative and legal support staff.The committee shall
permit testimony from both member making the request and the member subject to the request. The
committee shall determine whether further investigation is necessary, the matter should be set for
hearing before the Council or no further action should be taken.
If no further action is warranted, that shall be promptly reported to the Council. If additional
investigation is required, the committee shall promptly conduct an investigation, make a
recommendation and report it to the City Clerk to be promptly agendized for a regularly scheduled
Council meeting. If no recommendation is returned to the City Clerk within 30 days of the appointment
of the committee, the request shall be agendized for deliberation at a regularly scheduled Council
meeting.
At such agendized hearing the member who is the subject of the request shall be given an opportunity
to make an opening and closing statement, to call witnesses and to question witnesses and any
accusers. The person subject to the charges may be represented by a person, whether or not an
attorney and may have such person question witnesses of their behalf. The questioning of witnesses
may be reasonably limited by the Mayor, Mayor Pro Tem or other person in charge of the hearing.
Testimony shall only be taken from witnesses having direct knowledge of facts or circumstances
relevant to the specific charges in the request. The formal rules of evidence and legal procedure shall
not apply to such hearing.
Resolutions of admonition, reprimand or censure are adopted the same as any other Council
resolution, providing the person who is the subject of the resolution shall be entitled to speak
in their defense before debate on the adoption and adoption of such resolution. However,
neither absence from the meeting or failure to respond at or before such meeting shall prevent
the Council from adopting such resolution if the person affected has notice and a reasonable
opportunity to attend the meeting.
At the conclusion of the hearing the Council may either determine that the request is
unfounded or is well founded. If unfounded, the Council shall adopt a resolution so stating. If
the request is well founded, the Council shall adopt a resolution as follows:

    1. Admonition: This is a formal written statement by resolution of the Council that a
       general type of behavior is inconsistent with the Code of Ethics and Values.
    2. Reprimand: This is a written statement adopted by resolution of the Council rebuking or
       reproving certain behavior by a member of the Council which is found to have violated
       the Code of Ethics and Values however was not serious enough to require imposition of
       censure.


                                                                                    ATTACHMENT 1
                                                                                        Page 1 of 2
                                 Censure alternatives
   3. Censure: This is a formal action of the Council adopted by resolution of the Council but
      reserved for serious violations of the Code of Ethics and Values. Censures may include
      but are not limited to: removal of commissioners and board members from office;
      removal of council members from boards or commissions, restrictions on travel or
      budget, denial of reimbursement for improper expenditures. Censures shall be limited
      as to time.

A violation of this code of ethics shall not itself be considered a basis for challenging the validity
of a Council, board or commission decision.

                           ____________________________________

                                            Alternative 2

Members of the Council are capable of monitoring their own behavior and complying with the
Code of Ethics and Values. A violation of these standards may be brought to the Council by a
member of the Council. The Council by affirmative vote of a majority of the Council may vote
to admonish, reprimand or censure a member for violating the Code of Ethics and Values.




                                                                                   ATTACHMENT 1
                                                                                       Page 2 of 2
                     City of Watsonville
                City Council Code of Ethics
The residents of the City of Watsonville are entitled to responsible, fair, and honest city government that operates in an
atmosphere of respect and civility consistent with the City Council’s Mission Statement. Accordingly, the Watsonville
City Council has adopted this code to: 1) describe the standards of behavior to which its leaders aspire; 2) provide an
ongoing source of guidance to city officials in their day-to-day service to the city; and 3) promote and maintain a culture
of ethics.

This code applies to the City Council and its appointed boards and commissions. The code will be reviewed and
evaluated annually, as part of the City’s strategic planning process.

RESPONSIBILITY

         I understand that the community expects me, as a leader, to serve with dignity and respect for my office, as well
         as be an agent of the democratic process.

         I avoid actions that might cause the public to question my independent judgment.

         I do not use my office or the resources of the city for personal or political gain.

         I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and
         social stability of the city and its residents.

FAIRNESS

         I promote consistency, equity and non-discrimination in public agency decision-making.

         I make decisions based on the merits of an issue, including research and facts.

         I encourage diverse public engagement in our decision-making processes and support the public’s right to
         know.

RESPECT

          I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on
          what is best for the community.

HONESTY

          I am honest with my fellow elected officials, the public and others.

          I am prepared to make decisions when necessary for the public’s best interests, whether those decisions are
          popular or not.

          I take responsibility for my actions, even when it is uncomfortable to do so.




                                                                                                  ATTACHMENT 2
                                                                                                      Page 1 of 1
                                                                                                                  CITY COUNCIL 7.1(d)




                                  RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE APPROVING RESTATED AND AMENDED CITY OF
        WATSONVILLE CITY COUNCIL CODE OF ETHICS AND VALUES AND
        PENALTIES FOR VIOLATIONS

          Rescinds Resolutions No. 201-04 (CM), No. 19-09 (CM) and No. 37-09 (CM)


        WHEREAS, on August 10, 2004, the City Council adopted Resolution No. 201-04

(CM), approving the City of Watsonville City Council Code of Ethics and Values; and

        WHEREAS, on January 28, 2009 and March 10, 2009, the Council approved and

reaffirmed the City of Watsonville City Council Code of Ethics and Values as part of the

City’s Annual Strategic Planning Process; and

        WHEREAS, the Council has requested alternative recommendations regarding

penalties for violations of the Code of Ethics and Values.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        1.       That the restated and amended City of Watsonville City Council Code of

Ethics and Values, a copy of which is attached hereto and incorporated herein as Exhibit

“A,” are hereby adopted and approved.

        2.       That the Penalties for Violations of the City of Watsonville City Council

Code of Ethics and Values, a copy of which is attached hereto and incorporated herein

as Exhibit “B,” are hereby adopted and approved.


                                   ***************************************




Reso No.         (CM)                                                                                                                         1
Q:\COUNCIL\2009\042809\Code Ethics.docx
ri 4/23/2009 10:58:51 AM                                                     AJS ______ CJP ______
                                                                                            By Carlos J. Palacios at 11:50 am, Apr 23, 2009
                   City of Watsonville
                      City Council
                Code of Ethics and Values
The residents of the City of Watsonville are entitled to responsible, fair, and
honest city government that operates in an atmosphere of respect and
civility consistent with the City Council’s Mission Statement. Accordingly, the
Watsonville City Council has adopted this code to: 1) describe the standards
of behavior to which its leaders aspire; 2) provide an ongoing source of
guidance to city officials in their day-to-day service to the city; and 3)
promote and maintain a culture of ethics.

This code applies to the City Council and its appointed boards and
commissions. The code will be reviewed and evaluated annually, as part of
the City’s strategic planning process.

RESPONSIBILITY

      I understand that the community expects me, as a leader, to serve
      with dignity and respect for my office, as well as be an agent of the
      democratic process.

      I avoid actions that might cause the public to question my
      independent judgment.

      I do not use my office or the resources of the city for personal or
      political gain.

      I am a prudent steward of public resources and actively consider the
      impact of my decisions on the financial and social stability of the city
      and its residents.

FAIRNESS

      I promote consistency, equity and non-discrimination in public agency
      decision-making.

      I make decisions based on the merits of an issue, including research
      and facts.

      I encourage diverse public engagement in our decision-making
      processes and support the public’s right to know.




                                                                        Exhibit "A"
                                                                        Page 1 of 2
                City of Watsonville
                   City Council
             Code of Ethics and Values

RESPECT

     I treat my fellow officials, staff and the public with patience, courtesy
     and civility, even when we disagree on what is best for the
     community.

HONESTY

     I am honest with my fellow elected officials, the public and others.

     I am prepared to make decisions when necessary for the public’s
     best interests, whether those decisions are popular or not.

     I take responsibility for my actions, even when it is uncomfortable to
     do so.




                                                                      Exhibit "A"
                                                                      Page 2 of 2
                            City of Watsonville
                               City Council
                           Penalties for Violation

A request for admonition, reprimand or censure may be submitted to the City Clerk by
any member of the Council. Such request shall state all charges. The request shall first
be considered by a two member ad hoc committee of the Council appointed by the
Mayor or if the Mayor is the subject, then the Mayor Pro Tem, and then the Council in
order of seniority.. The committee shall not however include the member making the
request or the person who is subject of the request. The City Clerk shall provide a copy
of the request and any charges at least 72 hours before any meeting to consider such
charges. Such ad hoc committee may be assisted by administrative and legal support
staff.The committee shall permit testimony from both member making the request and
the member subject to the request. The committee shall determine whether further
investigation is necessary, the matter should be set for hearing before the Council or no
further action should be taken.
If no further action is warranted, that shall be promptly reported to the Council. If
additional investigation is required, the committee shall promptly conduct an
investigation, make a recommendation and report it to the City Clerk to be promptly
agendized for a regularly scheduled Council meeting. If no recommendation is returned
to the City Clerk within 30 days of the appointment of the committee, the request shall
be agendized for deliberation at a regularly scheduled Council meeting.
At such agendized hearing the member who is the subject of the request shall be given
an opportunity to make an opening and closing statement, to call witnesses and to
question witnesses and any accusers. The person subject to the charges may be
represented by a person, whether or not an attorney and may have such person
question witnesses of their behalf. The questioning of witnesses may be reasonably
limited by the Mayor, Mayor Pro Tem or other person in charge of the hearing.
Testimony shall only be taken from witnesses having direct knowledge of facts or
circumstances relevant to the specific charges in the request. The formal rules of
evidence and legal procedure shall not apply to such hearing.
Resolutions of admonition, reprimand or censure are adopted the same as any other
Council resolution, providing the person who is the subject of the resolution shall be
entitled to speak in their defense before debate on the adoption and adoption of such
resolution. However, neither absence from the meeting or failure to respond at or
before such meeting shall prevent the Council from adopting such resolution if the
person affected has notice and a reasonable opportunity to attend the meeting.
At the conclusion of the hearing the Council may either determine that the request is
unfounded or is well founded. If unfounded, the Council shall adopt a resolution so
stating. If the request is well founded, the Council shall adopt a resolution as follows:

   1. Admonition: This is a formal written statement by resolution of the Council that a
      general type of behavior is inconsistent with the Code of Ethics and Values.

                                                                               Exhibit "B"
                                                                               Page 1 of 2
                            City of Watsonville
                               City Council
                           Penalties for Violation

   2. Reprimand: This is a written statement adopted by resolution of the Council
      rebuking or reproving certain behavior by a member of the Council which is found
      to have violated the Code of Ethics and Values however was not serious enough
      to require imposition of censure.
   3. Censure: This is a formal action of the Council adopted by resolution of the
      Council but reserved for serious violations of the Code of Ethics and Values.
      Censures may include but are not limited to: removal of commissioners and
      board members from office; removal of council members from boards or
      commissions, restrictions on travel or budget, denial of reimbursement for
      improper expenditures. Censures shall be limited as to time.

A violation of this code of ethics shall not itself be considered a basis for challenging the
validity of a Council, board or commission decision.




                                                                                Exhibit "B"
                                                                                Page 2 of 2
                                                                                                                             CITY COUNCIL 8.1(a)




                                          City of Watsonville
                                          City Clerk’s Office


                                          MEMORANDUM


DATE:           April 20, 2009

TO:             HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM:           BEATRIZ VÁZQUEZ FLORES, CITY CLERK                 By Beatriz Vázquez Flores at 3:49 pm, Apr 23, 2009




SUBJECT: PAPERLESS AGENDA                        PACKETS        CONVERSION                                              TO   DIGITAL
         READER BOOKS

MEETING:        April 28, 2009                                       CITY COUNCIL


RECOMMENDATION:
Council approves conversion of agenda packet to a paperless agenda by using digital
reader books.

DISCUSSION:
The City Clerk prepares agenda packets for Council Meetings on a large copier that
includes a software program which sorts and staples each report. The copier was
purchased in 2003 and is now experiencing mechanical and technical problems. To
replace the copier and software would cost the City approximately $60,000. It takes
approximately eight hours of one staff person to copy the packet each meeting.

The City is under State mandate to reduce waste at the source. The Council packet
averages 240 pages per meeting. The City Clerk’s Office prints 14 packets, totaling
3360 pages per meeting, approximately 87,360 pages annually. According to the
California Integrated Waste Management Board one tree equals 8333 sheets. This
action would save about ten (10) trees a year. Other benefits include:
     1. Conservation of water and energy: not using paper reduces use of fossil fuel
         and water needed to make new paper or recycle used paper.
     2. Less greenhouse gases: the production, transportation and recycling of paper
         creates greenhouse gases
     3. Conservation of forest resources: most office paper used in the U.S. (90%)
         is made from new fiber from forests. Only 10% is made from recycled paper.
         Trees absorb carbon dioxide, produce oxygen and provide habitat for wildlife
     4. City image: The City is proactive, using new technology to save resources.




                                              Page 1 of 2
4/23/2009 3:47:31 PM
O:\BEATRIZ\COUNCIL\Paperless Agenda.doc
The agenda packet would be loaded into digital readers which would be provided for
each Council Member before every meeting.

ALTERNATIVES:
Council could decide to continue with printed agenda packets until that time when the
copier and/or software need to be replaced.

FINANCIAL IMPACT:
The City would be saving annually on costs of paper of approximately $2,620; copier
maintenance of approximately $2,000, $5,500 of staff time, and $60,000 to purchase a
new replacement copier.

The digital book readers are $380 each; the City would have to purchase seven
readers. The total cost would be approximately $2,660 which would be paid from Solid
Waste Enterprise Funds.

ATTACHMENTS:
1. Digital Book Reader Description




                                          Page 2 of 2
4/23/2009 3:47:31 PM
O:\BEATRIZ\COUNCIL\Paperless Agenda.doc
Sony PRS-700, which is one of the first (e-Book) Readers to bring together e-Ink
technology with a touchscreen display interface allowing for fingertip based gesture
control - facilitating the turning of pages with the mere swipe of a fingertip across the
screen - which, Sony understandably claim, brings a more natural feel to the PRS-700
than is offered by other readers.


                                                                            ATTACHMENT 1
                                                                                Page 1 of 2
Featuring a 6” touchscreen display that comes with a virtual keyboard (‘for quick
annotation or search’), Sony’s PRS-700 Digital Reader offers high contrast 8-Level Gray
Scale, 180 degree viewing and. It features an integrated LED reading light. Battery life
lasts for the equivalent of 7500 continuous pages or up to two weeks of reading.




                                                                         ATTACHMENT 1
                                                                             Page 2 of 2
                                                                                                                          CITY COUNCIL 8.2(a)




                                                                               By Carlos J. Palacios at 5:41 pm, Apr 20, 2009




                                            City of Watsonville
                                Redevelopment and Housing
                                          MEMORANDUM


DATE:                      April 20, 2009

TO:                        Carlos J. Palacios, City Manager

FROM:                      Marty Ackerman, Director of Redevelopment and Housing                                 By Marty Ackerman at 2:05 pm, Apr 20, 2009




                           Lola Maldonado, Administrative Analyst

SUBJECT:                   Adopt a resolution revising Guidelines for Granting an
                           Administrative Hardship Waiver under City’s Affordable Housing
                           Ordinance (Section 14-46.150.(c) of the Watsonville Municipal
                           Code)

AGENDA ITEM:               April 28, 2009                                        City Council



RECOMMENDATION:
Adopt a resolution revising Guidelines for Granting an Administrative Hardship Waiver under
the City’s Affordable Housing Ordinance (Section 14-46.150.(c) of the Watsonville Municipal
Code) to allow temporary rental of affordable ownership units in hardship situations.

BACKGROUND:
Almost all housing assisted by the City and/or Agency is considered affordable housing. The
Redevelopment and Housing Department offers different housing programs, one of which is
designated as the “Affordable Housing Program” regulated by the City’s Affordable Housing
Ordinance (“the Ordinance”). The Ordinance was encoded in Chapter 14-46 of the
Watsonville Municipal Code in 2001, with minor amendments adopted in 2003 and 2005. It
sets forth detailed requirements regarding the development and occupancy of affordable rental
and for-sale (ownership) housing. The Ordinance requires for-sale residential developers
building between 7-50 units to sell 15% of those homes at affordable prices and those building
over 50 units to sell 20% of those homes at affordable prices to households with low and
moderate incomes, as defined by the Ordinance. Developers of residential projects that
include six (6) or fewer new units are required to pay an in-lieu fee, unless they elect to provide
an affordable unit under the Affordable Housing Program. In addition, all commercial

                                                     Page 1 of 3
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M:\RAHD\AGENDA\2009\04-28-09\AHO Hardship Guidelines rpt.doc
development is assessed a fee based on square footage, which contributes to the Affordable
Housing Program.

DISCUSSION:
The Ordinance requires that homes built for sale under the Affordable Housing Program be
sold to first-time homebuyers meeting all of the income limits and other eligibility criteria set
forth in the Ordinance. The Ordinance also requires that these homes remain owned and
occupied by eligible purchasers for the term of the affordability restriction (45 years). However,
Section 14-46.150(c) of the Ordinance allows an affordable ownership unit to be converted to
rental status if a hardship can be demonstrated, pursuant to the administrative guidelines
approved by Council. The Affordable Hardship Guidelines are not included as part of the
Ordinance, thus they are subject to change as Council so directs.

On August 26, 2008, Council first approved the Administrative Hardship Guidelines with the
following definitions of hardship:

    1. Medical or health issues verified in writing by homeowner’s physician requiring the
       homeowner to reside in an area outside Santa Cruz County for a continuous period of
       60 days or more for medical treatment or rehabilitation.
    2. The primary owner in the homeowner’s household must relocate to an area either
       outside Santa Cruz County or more than 50 miles from the home in order to maintain or
       obtain adequate employment to support the housing costs at the affordable home.
    3. The homeowner has married a person residing more than 50 miles from the home and
       intends to relocate to the area in which the new spouse resides.

Prior to applying for a hardship waiver, a homeowner is currently required to market the home
for sale for a period of 240 days (8 months).

Staff feels that the requirements for allowing an ownership unit to become a rental unit are
somewhat severe and is proposing to modify the definition of a hardship as follows:

    1. Medical or health issues verified in wring by homeowner’s physician requiring the
       homeowner to reside outside the home for medical treatment or rehabilitation. (The
       requirement that the homeowner reside outside the area has been deleted.)
    2. The primary earner in the homeowner’s household must relocate from the home in
       order to maintain or obtain adequate employment. (The requirement that the
       homeowner has to relocate 50+ miles away has been deleted.)
    3. The homeowner has married and intends to relocate to the area in which the new
       spouse resides. (The requirement that the new home be 50 miles away has been
       deleted.)
    4. The homeowner must relocate due to personal circumstances that render the
       homeowner unable to pay the mortgage (e.g. loss of employment), to be evaluated by
       the City on a case by case basis. (This is a new definition of a hardship.)

In addition, staff proposes to eliminate the requirement that the homeowner try to sell the home
as it is unlikely that someone will request a waiver without having to relocate for involuntary
                                                          Page 2 of 3
LM 4/20/2009 2:03:22 PM
M:\RAHD\AGENDA\2009\04-28-09\AHO Hardship Guidelines rpt.doc
reasons. Recently, the City has received waiver requests from homeowners who do not meet
the existing hardship requirement; for example getting married and wanting to move into the
new spouse’s home, which does not require relocating over 50 miles from the home.

A “hardship” is a difficulty encountered by a homeowner which inhibits their ability to make
mortgage payments, potentially risking loss of the home to foreclosure. The proposed
changes will take involuntary circumstances into consideration on a case by case basis, which
may allow homeowners to rent their homes and possibly help them save their home from
foreclosure. It is in the best interest of the City to allow limited numbers of ownership units to
be converted to a rental status in order to avoid losing the unit from the Affordable Housing
Program due to foreclosure. The goal is to retain the unit under the Affordable Housing
Program. When a unit is converted to a rental status, affordable rent levels are maintained,
thus providing an affordable rental unit.

STRATEGIC PLAN:
The proposed action is consistent with the General Plan goal of maintaining the City’s stock of
affordable housing.

FINANCIAL IMPACT:
This action will not impact the General Fund.

ALTERNATIVES:
The City Council could choose not to approve the Guidelines as proposed.

ATTACHMENTS:
None.

cc:      City Attorney




                                                          Page 3 of 3
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M:\RAHD\AGENDA\2009\04-28-09\AHO Hardship Guidelines rpt.doc
                                                                                                                                         CITY COUNCIL 8.2(d)




                               RESOLUTION NO.__________ (CM)

        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        WATSONVILLE   APPROVING   RESTATED     AND  AMENDED
        GUIDELINES FOR GRANTING AN ADMINISTRATIVE HARDSHIP
        WAIVER UNDER SECTION 14-46.150(C) OF THE WATSONVILLE
        AFFORDABLE HOUSING ORDINANCE

                                Rescinds Resolution No. 154-08 (CM)

        WHEREAS, Section 14-46.150(c) of the Watsonville Municipal Code, allows the

conversion of an affordable ownership unit to a rental status if hardship can be

demonstrated and an administrative hardship waiver is received, pursuant to

administrative guidelines as approved by Council resolution from time to time; and

        WHEREAS, on August 26, 2008, Council adopted Resolution No. 154-08 (CM)

approving the Administrative Hardship Guidelines; and

        WHEREAS, staff feels that the requirements for allowing an ownership unit to

become a rental unit are somewhat severe and is proposing to modify the definition of a

hardship.

        NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

        That the restated and amended Guidelines for granting an Administrative

Hardship Waiver pursuant to Watsonville Municipal Code Section 14-46.150(c) for

temporary conversion of affordable ownership homes to affordable rental use in hardship

situations, a copy of which is attached hereto and incorporated herein, are hereby

approved.



                                    **************************************


Reso No.         (CM)                                                                                                                                    1
Q:\COUNCIL\2009\042809\Hardship Waiver Guidelines.docx                                  By Carlos J. Palacios at 3:58 pm, Apr 22, 2009




ri 4/22/2009 10:16:41 AM                                                 AJS ______ CJP ______ RAHD ______                                 By Marty Ackerman at 11:38 am, Apr 22, 2009
             Guidelines for Granting an Administrative Hardship Waiver
     Pursuant to Municipal Code Section 14-46.150(c) for Temporary Conversion of
     Affordable Ownership Homes to Affordable Rental Use in Hardship Situations

A.       Purpose

To maintain the homes developed under the Watsonville Affordable Housing Program as
affordable owner-occupied housing to the extent possible, while allowing temporary
rental use in defined hardship situations in order to prevent potential loss of the home
from the Program.

B.       Applicability:

These guidelines shall apply only to authorized owner-occupants of homes sold through
the Affordable Housing Program who purchased homes with the written approval of the
City of Watsonville Housing Program, and have not willingly violated the terms of their
Buyer’s Occupancy and Resale Restriction Agreement (“Agreement”) or the
requirements of Chapter 14-46 of the Watsonville Municipal Code (Affordable Housing
Program) applicable to affordable housing owner-occupants.

C.       Eligibility Criteria for Hardship Waiver:

Homeowner’s circumstances must meet both of the criteria listed below:
  1. Homeowner purchased and occupied the Affordable Home in compliance with the
     terms of Chapter 14-46 of the Watsonville Municipal Code.
  2. Homeowner has informed the City in writing and has included documentation
     verifying the circumstances of his/her need to relocate from the home on a
     temporary or permanent basis for any of the following reasons:
         a. Medical or health issues verified in writing by homeowner’s physician
             requiring the homeowner to reside outside the home for medical treatment
             or rehabilitation.
         b. The primary earner in the homeowner’s household must relocate from the
             home in order to maintain or obtain adequate employment
         c. The homeowner has married and intends to relocate to the area in which
             the new spouse resides.
         d. The homeowner must relocate due to personal circumstances that render
             the homeowner unable to pay the mortgage (e.g. loss of employment), to
             be evaluated by the City on a case by case basis.

D.       Conditions of Approval of Administrative Hardship Waiver

     1. The Affordable Home will be subject to the Watsonville Affordable Housing
        Program rent and income limits in effect at the time of the initial lease, and as
        adjusted by the City, for the duration of the rental use period, at the appropriate
        income level shown in the table below, as defined in the Affordable Housing
        Ordinance:


M:\RAHD\AGENDA\2009\04-28-09\AHO Hardship Guidelines Revised.doc                              1
Revised April 13, 2009
                   Affordable Home Income                     Corresponding
                            Level                          Conditional Rental Use
                                                               Income Level
                             Median                              Very Low
                            Moderate                                Low
                          Above Moderate                          Median

    2. The Unit will be subject to all of the other requirements applicable to affordable
       rental units in the Watsonville Affordable Housing Program, including a
       minimum lease term of 12 months, annual compliance monitoring, and 60-day
       notice to tenant of lease termination and/or sale of the unit.

    3. Prior to being granted the Administrative Hardship Waiver, the homeowner will
       be required to execute and submit to the City a “Conditional Rental Use
       Agreement” in a form provided by the City, that will contain the above terms
       above and will constitute notice to the City that Property Owner has ceased to
       market the home for sale at the time such agreement is executed.

    4. The Hardship Waiver shall be valid for a term of one year, renewable annually
       upon submittal of owner’s annual compliance monitoring forms evidencing
       owner’s and tenant’s compliance with the Affordable Housing Program and the
       Conditional Rental Use Agreement. The Waiver may be renewed up to four times
       for a total period of rental use not to exceed five years.

    5. If and when the Unit is listed for sale, it shall be marketed for sale at the same
       income level and corresponding resale price limits that it was subject to when
       purchased by the homeowner, and shall be subject to all of the affordable
       ownership unit requirements under the Ordinance and as set forth in the Owner’s
       Occupancy and Resale Agreement. The new homebuyer shall occupy the unit as
       his/her primary residence. The City authorization to rent the home as granted in
       the Administrative Hardship Waiver shall become void upon close of escrow or
       transfer of ownership to any party.




M:\RAHD\AGENDA\2009\04-28-09\AHO Hardship Guidelines Revised.doc                            2
Revised April 13, 2009

								
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