Agenda, regular meeting — Campbell City Council, January 18, 2022

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California

NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Servi ces', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19.

Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.

This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.

The City Council meeting will be live -streamed on Channel 26, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.

Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers. If attending in person, face coverings and physical distancing will be required until further notice.

Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please i ndicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, January 18, 2022 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.

Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

1. Minutes of City Council Special Meeting of November 17, 2021 Recommended Action: Approve the Special Meeting Minutes of November 17, 2021.

2. Minutes of City Council Special Meeting of December 16, 2021 Recommended Action: Approve the Special Meeting Minutes of December 16, 2021.

3. Minutes of City Council Executive Session Meeting of December 20, 2021 Recommended Action: Approve the Executive Session Meeting Minutes of December 20, 2021.

4. Minutes of City Council Special Meeting of December 21, 2021 Recommended Action: Approve the Special Meeting Minutes of December 21, 2021.

5. Minutes of City Council Regular Meeting of December 21, 2021 Recommended Action: Approve the Regular Meeting Minutes of December 21, 2021.

6. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,304,943.46.

7. Monthly Investment Transactions Report
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for November 2021.

8. Community Facilities District No. 1 Report Fiscal Year (FY) 2020-21 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2021, as mandated by the Califo rnia Government Code Sections 53411 and 50075.3.

9. Community Facilities District No. 2 Report Fiscal Year (FY) 2020-21 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2021, as mandated by the California Government Code sections 53411 and 50075.3.

10. Approval of the Vacation of the Light and Air / Building (Setback) Lines Created by Tract Map No. 294 (Portions of Erin W ay, Shamrock Drive, and Curtner Avenue, Formerly Casey Street) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution summarily vacating the Light and Air/Building (S etback) Lines created by Tract Map No. 294; and directing the City Clerk to record the resolution.

11. Approval of the Vacation of a Public Easement Designated and Delineated as a 5-Foot Walkway Easement Within Lot 6 of Tract Map No. 7229, Known as 1409 Harriet Avenue, and Direct the City Clerk to Record the Resolution (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution Vacating the Public Easement designated and delineated as a 5 -foot walkway easement within Lot 6 of Tract Map No. 7229 recor ded on August 24, 1981, in Book 494 Pages 12 and 13 of Official Records, Santa Clara County against a portion of the property known as 1409 Harriet Avenue; and Directing the City Clerk to record the resolution.

12. Approval of Consu ltant Agreement with Man agement Partners for Procurement Services, Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(4), and Associated Budget Adjustment (Resolution/Roll Call Vote)
Recommended Action: That the C ity Council adopt a Reso lution authorizing the City Manager to enter into a Consultant Agreement with Management Partners for procurement services, dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4), and authoriz e the Finance Director to implement an associated budget adjustment.

13. Resolution Commending Officer Darwin Okamoto Upon His Retirement After 25 Years of Service to the City of Campbell (Resolution/Roll Call Vote) Recommended Action: That the City Coun cil adopt a Resolution c ommending Officer Darwin Okamoto upon his retirement after 25 years of service to the City of Campbell.

14. Resolution Commending Corinne Shinn Upon Her Retirement After 28 Years of Service with the City of Campbell (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution commending Corinne Shinn for 28 years of outstanding service to the City of Campbell.

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

15. Public Hearing to Consider Adoption of a Resolution Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.

NEW BUSINESS

16. Resolution Amending Agreement for City Manager Services (Resolution/Roll Call Vote)

Recommended Action: That the City Council adopt a Resolution amending the Agreement for City Manager services.

17. Consider Economic Development Strategy from the Ec onomic Development Subcommittee
Recommended Action: That the City Council consider the recommendation of the Economic Development Subcommittee to obtain specialized consultant services to assist in implementing the short-term economic development strategy.

UNFINISHED BUSINESS

18. Extension of Declaration of Local Emergency (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council adopt a resolution extending the November 16, 2021 City Council proclamation declaring the existence of a local emergen cy resulting from community spread of COVID -

19. 19. Consideration of a Permanent Parklet Program in Downtown Campbell Recommended Action: That the City Council provide policy direction regarding a Permanent Parklet Program in Downtown Campbell.

COUNCIL COMMITTEE REPORTS

20. Accept Resignation of Carmen Lynaugh from the Bicycle and Pedestrian Advisory Committee (BPAC)
Recommended Action: That the City Council accept the resignation of Carmen Lynaugh from the Bicycle and Pedestrian Advisory Committee and direct the City Clerk to advertise the Notice of Unscheduled Vacancy.

21. Approve Appointments to the Parks & Recreation Commission Recommended Action: That the City Council approve the recommendation of the Advisory Commissione r Appointment Interview Subcommittee regarding appointments to the Parks & Recreation Commission for two four -year terms expiring December 2025.

22. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbe ll, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet f ollowing the last item o f the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, assistive listening devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least 48 hours in advance of the meeting.

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Wednesday, November 17, 2021 – 5:30 p.m.

City Hall – 70 N. First Street

NOTE: This Special meeting of the Campbell City Council was conducted pursuant to the Brown Act and Assembly Bill 361.

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened in session this special day of November 17, 2021.

Mayor Gibbons stated that this special meeting was conducted pursuant to provisions of the Brown Act and Assembly Bill 361 allowing a virtual meeting process for local jurisdictions under a declared state of emergency.

ROLL CALL

Attendee Name Title Status
Elizabeth 'Liz' Gibbons Mayor Present
Paul Resnikoff Vice Mayor Present
Anne Bybee Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present

UNFINISHED BUSINESS:

1. Campbell’s Plan for Housing – Housing Opportunity Site Methodology and Selection (PLN-2021-12)
Recommended Action: It is recommended that the City Council review the provided information and the recommendations of the Pla nning Commission and provide direction on policy options and the methodology used for selecting the City’s Housing Opportunity Site Inventory within the City’s Housing Element Update (Attachment A).

Community Development Director Rob Eastwood presented th e Staff Report dated November 17, 2021 noting that the General Plan Update and the Housing Element were paired together by Council at their meeting in June 2021 and noted that both need to be completed by December 2022. Staff is planning to begin the California Environmental Quality Act (CEQA) process in January 2022. 1 Packet Pg. 5
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 2 Geoff Bradley, Consultant, M-Group explained that Staff is proposing to increase Campbell’s Regional Housing Needs Assessment (RHNA) allocation by 30% (30% buffer) bringing the grand total of units for Campbell to 3,870. This additional buffer will safeguard the City from any unforeseen building challenges during the 8 year cycle period.

Dave Hogan, Consultant, M -Group reviewed the required site selection factors noting location requirements a nd limitations, Affirmatively Furthering Fair Housing (AFFH) requirements, and the requirements imposed when reusing sites from previous RHNA cycles. Mr. Hogan reviewed the various residential housing categories and provided examples of each.

Christabel Soria Mendoza, Consultant, M -Group provided an overview of the public outreach process undertaken by Staff and the associated resident feedback efforts, noting a total of 18,000 postcard notices were mailed and emailed to residents, the Envision Campbell website was updated and pop -up booths were held in Downtown Campbell during the Campbell Farmer’s Market and Oktoberfest. An online survey was available f or residents and garnered 378 resident responses. Ms. Mendoza reviewed the associated survey results.

Senior Planner Stephen Rose reviewed five broad options for Council to consider as guidance to selecting the housing sites:

Option 1 – Preferred Land U se Map Approach, with a maximum density of 45 units per acre, largely unchanged from the 5 th RHNA Cycle and the current Envision Campbell General Plan update process.

Option 2 – Preferred Land Use Map + Potential Sites Based on Housing and Community Development Guidance/Criteria, this option would take the results of Option 1 and add potential ne w housing opportunity sites like land improvement value, vacant sites, underutilized or unoccupied sites.

Option 3 – Density Near Transit, at approximately 75 units per acre, on all housing opportunity sites designated as High Density Residential within ½ mile of a Light Rail Station, the former Fry’s Electronics site, while keeping all other sites in density similar to Option 2.

Option 4 – Revitalize Shopping Center s, this option would designate higher residential densities in redeveloped shopping centers, or Housing Opportunity Sites with General Commercial and Neighborhood Commercial land use designations, with densities of 60 units per acre.

Option 5 – Housing Alo ng Commercial Corridors, this option would designate higher densities along major commercial arterial corridors, as well as the First Street Parking Garage, with densities of 60 units per acre.

Senior Planner Rose noted that Option 3 meets all required cri teria and exceeds the required RHNA housing unit allocation for Campbell. At its meeting on November 9, 2021, the Planning Commission selected a combination of Options 1 Packet Pg. 6
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 3 3, 4 and 5 as their preferred, noting the need to balance commercial and residential uses, increases in intensity in existing dense areas, the need to retain the Community Center facilities, and supported reducing parking requirements.

In response to an inquiry, Mr. Hogan advised that if the County population has gone over 2 million per the 2020 Census, the minimum density for Campbell will be increased to no less than 30 units per acre.

In response to an inquiry, Senior Planner Rose stated that State density bonus laws would allow densities beyond the currently established density proposed for any given site and that there may be unlimited Density Bonus units on sites located near transit, such as within a quarter mile from the Light Rail.

In response to a concern from Councilwoman Landry, Senior Planner Rose stated that Staff will utilize a walking ½ mile in future mapping instead of the “as the crow fly’s” ½ mile.

In response to an inquiry, Senior Planner Rose stated that the two mobile home sites located in Campbell are not currently included as housing opportunity sites because those sites are already affordable so there would be displacement issues for those residents and t hose areas are necessarily located in highly resourced areas of the City.

In response to an inquiry, Senior Planner Rose noted that it would be acceptable if a par ticular site does not develop to its full unit potential, but if this trend were to continue into too many identified sites, and the City begins to fall below the RHNA target, additional sites will need to be identified to make up the difference.

Each year Staff provides a report to the State Housing and Community Development Department (HCD) rep orting how many units are being produced on these sites.

Community Development Director Eastwood highlighted the fact that if a bonus density is allowed by statute and in order to build to that density the building would need to be higher than Campbell’s 75-foot height limit, the City’s height limit is overridden, and the building is allowed by law to be built to the needed height to meet the density bonus.

Council recessed at 7:42 p.m. and reconvened at 7:45 p.m. with all members present.

Mayor Gibbons opened the floor for public comment.

PUBLIC COMMENT
Dan Smith, President Fairmeadow Homeowner’s Association, spoke of his support for high density housing on majo r corridors, near Light Rail stations, Pruneyard, Campbell Technology Park, and the Fry’s si te, supports Option 3, and asked for new housing to be compatible with existing residential neighborhoods and for the inclusion of open space.
1 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 4 John Field, Campbell resident, spoke of the need for additional housing but building in a reasonable manner, supports Option 3.

Allen Ishibashi, Campbell resident, spoke of his support for Option 3, and for townhomes which provide a critical type of housing for families, sup portive of high density housing along Light Rail.

Steve Saunders, Campbell resident, spoke in opposition to the church facilities being used in the housing site selection process.

Tim Pasquinelli, Owner, Campbell Technology Park asked that their site be added to the housing opportunities map as it is currently underutilized.

Elena Baryshnikova, Campbell resident, spoke of the need to keep low density close to low density established neighborhoods, and placing higher densities along the Light Rail, Winchester, Bascom, and at the Fry’s site.

Michael Rich, Campbell resident, suggested the City contact the Superintendent of the local school districts relating to their available land noting the challenging housing climate for single family homes and afforda bility concerns of teachers and first responders, supportive of placing high density near Light Rail.

Jim Sullivan, Campbell resident, spoke in support of Options 3, 4, and 5 noting any vacant sites, obsolete or aging sites, or any site an owner is inter ested in developing would be good sites to include.

Jeanette Wolf, Campbell resident, spoke in support of mixed use at shopping centers, high density along Light Rail, matching new development to the adjacent densities, and the need for additional parking.

Janet Stokley, Executive Director, Housing Choices, spoke of the housing needs for extremely low income and disabled individuals and to meet these needs higher densities are required, supportive of Options, 3, 4, and 5 and of transit - oriented housing.

Raj Patella, Campbell resident, expressed concern about not redeveloping the Dell Avenue area, and for not including the southwest area of the City which could be a great location for townhome development.

Ji Hian Dao, Campbell resident, expressed support for Option 3, not including the Campbell Community Center site, and her preference for medium -density housing.

Susan O’Brien, Campbell resident, supportive of the Campbell Technology Park for redevelopment, Options 3, 4, and 5 and keeping high density h ousing near Light Rail and major corridors.

Michael Stevens, Campbell resident, concerned that higher density housing could affect Campbell’s small-town feel, supports Option 3, and Option 4 and 5 if 1 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 5 located near Light Rail.

B. Wolf, Campbell resident, stated the Campbell Community Center is the “jewel of the City” and does not want to see the site included, supports Option 3 and higher density near Light Rail.

Carolyn Fields, Campbell resident, supports higher density and Option 3 near Light Rail and for preserving the characters of existing low -density neighborhoods and noted the many For Lease signs across the City.

Scott Connolly, Campbell resident, suggested the City pick sites with high likelihood of approval by the HCD.

Dana Stevens, Campbell r esident, supports the need to keep the unique character of Campbell, supports Options 3, 4, and 5.

William Skinner, Campbell resident, supports higher density development around Pruneyard, Fry’s site, and near Light Rail, supports keeping the small -town community feel of Campbell.

Thomas Cosgrove, Campbell resident, supports Option 3, higher density near Light Rail, Pruneyard, and mixed-use housing above retail sites.

Dennis Randall, Campbell resident, supports higher density housing at the Bascom/Campbell location, adding parking underground, keeping maximum heights at 70 feet, and for adding density within transit corridors.

Trudy Woodhouse, Campbell resident, supports some townhome development for families and lower incomes.

Council recessed at 8:34 p.m. and reconvened at 8:41 p.m. with all members present.

Vice Mayor Resnikoff expressed concern that all the emphasis for housing is on Light Rail and is concerned that not all those who move into those high -density buildings next to Light Rail will use the Light Rail, likes the idea of revitalizing shopping centers, and suggested something on the Elephant Bar site that could be redeveloped with restaurant on the ground floor and housing above potentially. Vice Mayor Resnikoff expressed a preference f or keeping a mix of services within the City limits, like the auto body uses along Winchester, or the small businesses in the Dell Avenue area, concerned about losing services to housing. Vice Mayor Resnikoff noted that property owner desires are very important in this process and the City should ensure their wishes are taken into account. Vice Mayor Resnikoff expressed concern about the access of Dell Avenue and for the Campbell Technology Park as the roads and neighborhoods in and out are already restrict ed, expressed support for a hybrid of Options 3, 4, and 5 and for respecting existing single-family neighborhoods.

Councilwoman Landry expressed support for adding housing at the Civic Center gravel lot site, the Fry’s site, and the Staples site, who ha ve already expressed 1 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 6 interest. Councilwoman Landry expressed concern relating to the height of buildings considering the required density bonuses and that Council should consider that when discussing densities. Councilwoman Landry noted the challenges to the access at the Campbell Technology Park but if those could be worked out, it could be a good development site. Councilwoman Landry expressed support for development of the highest density levels at the Pruneyard site, but is not supportive of development in the Dell Avenue area as those business are vital to the community.

Councilmember Lopez expressed support for a mix of Options 3, 4, and 5, noting his concern for over relying on commercial sites for development, as falling short of our target numbers could prove costly as penalties for doing so are becoming a major tool for HCD in gaining compliance. Councilmember Lopez expressed support for focusing on areas where property owners have indicated an interest, and for mixed -densities and townhomes which can help the City reach the moderate income goal, however he expressed concern about the City reaching the target for low, extremely low income housing and housing for teachers and first responders. Perhaps a way to reach those groups was with publicly ow ned land or some kind of partnerships.

Councilmember Bybee expressed support for keeping existing neighborhoods with like densities and that higher densities should be placed along traffic corridors (Bascom, Hamilton, Winchester) and next to the Light Rai l.

Councilmember Bybee supports a mix of Options 3, 4, and 5, but is not supportive of considering the Campbell Community Center site, as open space is going to be needed with an increase in residents. Councilmember Bybee is supportive of exploring the Campbell Technology Park site, but noted its logistical challenges that will need to be addressed.

Mayor Gibbons expressed concern that the character of Campbell is missing in the maps presented by Staff and the RHNA numbers assigned to the City. Mayor Gibbons expressed concern about all of the project sites being located along the Light Rail and traffic corridors and would like to see some sites included from across the City. Mayor Gibbons noted the sites with the most potential, such as the Fry’s site, Sta ples and Shell gas station on Hamilton, the corners of Bascom and Campbell Avenue, the San Tomas Aquino and Campbell Avenue corners, and redeveloping underutilized shopping centers and small strip malls. Mayor Gibbons stressed the need to understand the un intended consequences including impacts on existing neighborhoods, to provide buffers between high density and single-family residences, to understand the traffic patterns, to look for places that are obvious first and then to look for the “maximum for the buck” in certain sites.

Council confirmed consensus for Staff investigating City-owned sites for inclusion on the site inventory list and to return to Council with additional pro/con information for each City-owned site for final consideration.

Community D evelopment Director Eastwood stated that Staff will make a 1 Packet Pg. 10
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of November 17, 2021 City Council Meeting Page 7 concerted effort before the next meeting to reach out to property owners and gauge their interest in development of their individual sites for inclusion in the site selection process.

Community Development Director Eastwood noted the upcoming Stakeholder meetings, and remaining community outreach efforts, noting that the final housing site selections will be discussed by the Planning Commission and the City Council in December. Remaining Policy topics to consider are strategies to address AFFH issues, and policies to encourage the construction of affordable housing.

ADJOURN
Mayor Gibbons adjourned the meeting at 10:18 p.m.

APPROVED:

________________________
Paul Resnikoff, Mayor
ATTEST:

__________________________
Dusty Christopherson, City Clerk

1 Packet Pg. 11
Minutes Acceptance: Minutes of Nov 17, 2021 5:30 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Thursday, December 16, 2021 – 5:30 p.m.

City Hall Council Chamber – 70 N. First Street

NOTE: This Special meeting of the Campbell City Council was conducted pursuant to the Brown Act.

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened in session this special day of December 16, 2021.

ROLL CALL

UNFINISHED BUSINESS

1. Review and Provide Feedback on the Administrative Draft Envision Campbell General Plan Update and Campbell's Plan for Housing - Housing Opportunity Sites Selection (PLN-2021-12)
Recommended Action: Review the Planning Commission’s recommendation and provide direction on the City’s Envision Campbell General Plan Update and the Draft Housing Opportunity Site Inventory for the City’s Housing Element Update (“Campbell’s Plan for Housing”).

Community Development Director Rob Eastwood presented the Staff Report dated December 16, 2021 stating the focus for this meeting is on location and density which will drive the Environmental Impact Review beginning in January 2022 with the deadline date being December 2022.

Councilmember Bybee stepped out of the room at 5:41 p.m. and returned at 5:44 p.m.

Senior Planner Stephen Rose summarized Council’s prev ious directions on the General Plan and non -residential components noting the extension of the Hamilton Avenue Overlay Area to extend further east and south down Salmar Avenue and the potential removal of the North of Campbell Avenue Area (NOCA) and South of Campbell Avenue Area (SOCA) plans allowing for C -2 uses where 2 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of December 16, 2021 City Council Meeting Page 2 governed by C -2, remova l of FAR restrictions by lot size, and reducing density/uses along Harrison Avenue in the NOCA area, and for allowing C -2 uses where governed by C -3, removing FAR restr ictions by lot size, addressing height limits, and updating related use policies and des ign standards for the SOCA area. Senior Planner Rose reviewed the City’s building intensities and how they compare to other South Bay cities, noting Staff’s recommendat ion to increase the City’s building intensities by .6 for most of the cities designation s to bring them in line with other neighboring jurisdictions. Senior Planner Rose noted the changes to the residential density calculation method from the centerline of the street to using the four corners of a lot prior to any dedication of right-of-way.

Senior Planner Rose reviewed Council’s consensus on the draft General Plan Policy Sets noting a creation of a mixed-use zoning reducing reliance on the P-D, continue to allow drive-thru’s but to establish standards on when and where, do not include a resea rch and development zone and reevaluate it as part of an overarching Economic Development Plan, defer traffic study thresholds to a consultant, do not directly fund a s huttle system, and retain the existing Community Design Element.

In response to an inqui ry, Senior Planner Rose clarified that FAR (Floor Area Ratio) is used in Campbell to describe commercial lots and is describing how much of a building can cover the siz e of a specific lot; for residential properties, this is described in units per acre.

Community Development Director Eastwood stated that Staff will provide additional information what a specific plan is and includes at the January 2022 Council meeting.

Dave Hogan, Consultant, M -Group reviewed the City’s RHNA allocation and noted that with an added 30% buffer the total units assigned to Campbell is 3,300. Mr. Hogan reviewed Staff’s methodology for identifying potential sites including reusing previously sel ected sites, vacant sites, underutilized sites, parking lots, faith based facilities, sc hool sites, city -owned sites, and properties where the owners have expressed an interest. This methodology includes a lot of sites, and will serve as a beginning point to then be paired down as the work on the EIR is completed. State law requires the City to select sites that are better resourced. Mr. Hogan reviewed the various residential densities and presented examples of what those densities look like once built out. In summary, Mr. Hogan noted that both the Planning Commission and the City Council pref erred placing densities near transit, revitalizing shopping centers, and along commercial corridors (which are described as Options 3, 4, and 5 from the November 17, 2021 City Council Special Meeting). From the November 17, 2021 City Council meeting Council provided consensus to support a hybrid of Options 3, 4, and 5, and to provide more “missing middle” units or townhomes in the existing neighborhoods, and to explore h ousing at the First Street Garage, the Campbell Technology Park. Mr. Hogan reviewed the City’s public outreach to date and the community meeting feedback received.

In response to an inquiry, Community Development Director Eastwood stated that Staff is rec ommending the addition of the 30% site buffer to the RHNA 2 Packet Pg. 13
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of December 16, 2021 City Council Meeting Page 3 allocation because it is high ly unlikely the City will reach a 100% buildout of the selected sites, and this extra site selection provides room for the City to meet its required RHNA assignment. Com munity Development Director Eastwood noted that Staff has removed from consideration si tes which currently support the top sales tax generators for the City.

In response to inquiries, Senior Planner Rose stated that FAR is only related to commercial land uses and the City retain discretionary authority and the General Plan discusses the maxi mum ranges allowed. By studying the maximum FAR in the EIR, it would eliminate the need for more study down the line on each project.

In response to inquiries, Community Development Director Eastwood noted that unit size will be addressed as a tool to assi st reaching the affordable housing benchmarks and only number of units is needed to complete the EIR, but this is an area that will be discussed in greater detail as str ategies to meet the City’s affordable housing targets.

Mr. Hogan reviewed the Community Development Themes staff utilized in selecting proposed sites including a mixed -use promenade on East Campbell Avenue, higher density mixed -use around the Fry’s Electro nics site, creating a transit oriented area around the Winchester Light Rail Station, r evitalizing the San Tomas Neighborhood Shopping Center, mixed -used developments along major arterials and looking for ways to disperse opportunities throughout the City.

Mayor Gibbons opened the floor for public comment.

PUBLIC COMMENT
Eric Dykman, Dan Sm ith, Elena Baryshnikova, Allen Ishibashi, B. Wulff, Michael Stevens, Cassandra Owen, Jeanette Wulff, Dana Stevens, Thomas Colgrove, and Peter Young, Campbell residents, requested the Llewellyn site to remain at 20 units per acre or with townhomes only.

Tim Pasqaneli, Campbell Technology Park Owner, expressed a desire to have his property included in the housing sites selected and would be open to some form of a land swap with the City.

Sarah Chapin, Owner of property on S. Bascom and S. Winchester, expresse d interest in developing her property into workforce housing.

James Sullivan, Campbell resident, stated that typical townhome development that would be worth while for a developer would need to be built at 16 – 24 units per acre.

Mike Christman, Campbell resident, spoke of his concern with including the 30% buffer and for not charging impact fees to developers to support city services.

Kelly Snider, San Jose State Univers ity Professor in Real Estate and Planning spoke of her concern relating to solving the housing crisis and the City not meeting its affordability housing targets and encouraging the City to develop at 75 units per acre especially for sites like Hamilton.
2 Packet Pg. 14
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of December 16, 2021 City Council Meeting Page 4 Guilian Gao, Campbell resident, expressed support for low density housing and for not including the Community Center in the site selection list.

Joanne Carol, Campbell resident, expressed concern relating to parking and especially parking needs around the Light Rail station.

Carolyn Field, Campbell resident, asked not to have the Community Cen ter and the Civic Center gravel lot included in the site selection list.

Dennis Randall, Industry Professional representing the Shell Station and Hickory Pit site and would like to be included in the list at 75 units per acre and noted that only higher density projects will be able to afford underground parking and open space.

William Barron, Representative Staples site, express his desire to be included in the final site selection for development.

Scott Connelly, 320 Virginia Avenue Owner, expressed a desi re to have his site included in the final site selection for development.

Mayor Gibbons closed the public comment.

Council recessed at 7:23 p.m. and reconvened at 7:38 p.m. with all members present.

UNFINISHED BUSINESS - CONTINUED
In response to inquiries, Geoff Bradley, Consultant, M -Group stated that at this stage in the process, it is too late to change the land use designation in certain spots throughout the City with the purpose of increasing resources to those areas to then qualify an area as an AFFH preferred site. Senate Bill 10 would be an interesting tool to use to increase housing stock for the “missing middle” but it would not be recommended to use those site s in the RHNA allocation because it is very difficult to predict how many will be developed, the State also won’t allow a City to include density bonus’ in their site selection methodology either.

In response to an inquiry, Community Development Director E astwood stated that it is staff’s intention to not move forward with the Community Center location on this final site selection list and bring back a broader discussion to Council relating to a Master Plan for the Community Center site.

Mr. Bradley presented the current housing opportunity sites with 6 different maps matching the themes for the housing opportunity sites.

Winchester Boulevard Map
Councilmember Lopez expressed support for the Winchester Boulevard map, noting that this area could support a higher density and expressed an interest in including schools and day care sites.

Councilmember Bybee expressed support for reviewing schools and day care sites, concerned about overall building height with higher densities, and not 2 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of December 16, 2021 City Council Meeting Page 5 supportive of increasing the 30% buffer.

Councilwoman L andry was not supportive of increasing the 30% buffer and is concerned by utilizing school properties as an increase in residents means an increase in students, supports mandatory mixed -use and higher densities in some areas only, not supportive of changin g the industrial uses on Winchester Boulevard, and is not supportive of including the First Street Parking Garage.

Vice Mayor Resnikoff supported increasing the 30% buffer, should not plan for school properties being develop ed, would support higher densiti es in places like the Hickory Pit site, Fry’s Electronics site, Culinary Institute site, revitalizing the PetSmart Shopping Center site, supportive of mixed -use styles to accommodate needed services and housing, not supportive of displacing current services.

Mayor Gibbons was generally supportive of mixed -use in certain places, expressed concerns relating to high density along Winchester Boulevard as there are single-family neighborhoods that are just behind those high densit y buildings, could be supportive of higher densities on the major corners along Winchester Boulevard, expressed concern that many large parcels held by private owners are not included on this map.

City Attorney Bill Seligmann clarified that the First Street Parking Garage is under restrictions through a previous agreement and where parking needs to be available to residents in some fashion, but the how could be discussed.

Bascom Avenue Map
Council confirmed consensus for including the higher densities in t he Pruneyard and Bascom areas.

Mayor Gibbons expressed concern relating to the height of buildings along Bascom Avenue in relation to the single-family neighborhoods on the east side of Bascom Avenue.

Central Campbell Map
Council confirmed consensus for in cluding higher densities at the Fry’s Electronics site, the Staples site and for investigating a pedestrian bridge to the Hamilton Light Rail station.

Hamilton Avenue Map
Council confirmed consensus for keeping the Llewellyn site at 20 units per acre and for encouraging a mixed-use for the PetSmart site.

Vice Mayor Resnikoff requested staff reach out to the large site leases and property owners and inquire about the future of those properties, long term leases, interested in development etc.

San Tomas Aquino
Councilmembers expressed concern about the placement of potential housing on 2 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

Minutes of December 16, 2021 City Council Meeting Page 6 the Grocery Outlet site and noted that this area of the City could be challenging for higher density options as there are many residential areas near by.

South Campbell
Mr. Bra dley noted that this area of the City has the most potential for development of Accessory Dwelling Units, and Senate Bill 9 and 10 housing options.

Mayor Gibbons expressed concern with this map not including the larger individual parcels that could support townhome development and suppor t below market rate housing.

Camden Avenue
Council confirmed consensus for not supporting the Planning Commission recommendations on this map.

In conclusion, Community Development Director Eastwood stated that of the city- owned sites presented, Staff will move forward in analyzing the City Corp Yard site for viability and alternatives. Staff will conduct further property owner outreach and will return to Council with one final housing site selection meeting and will then begin the EIR process.

ADJOURN
Mayor Gibbons adjourned the meeting at 10:43 p.m.

APPROVED:

________________________
Paul Resnikoff, Mayor
ATTEST:

__________________________
Dusty Christopherson, City Clerk

2 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 16, 2021 5:30 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

CITY COUNCIL EXECUTIVE SESSION
Monday, December 20, 2021 – 6:00 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was conducted pursuant to provisions of the Brown Act.

CALL TO ORDER

The City Council of the City of Campbell convened on the special day of December 20, 2021.

PUBLIC COMMENTS

There were no public comments.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel – Pursuant to G.C. Section 54957(b)(1): Public Empl oyee Performance Evaluation – City Clerk

B. Litigation

C. Real Property

D. Labor Negotiations

The City Council met in Executive Session to discuss Item A. City Clerk Dusty Christopherson was in attendance.

Mayor Gibbons stated that all reportable actions will be reported at the next regularly scheduled City Council Meeting.

3 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 20, 2021 6:00 PM (CONSENT CALENDAR)

Minutes of December 20, 2021 City Council Meeting Page 2

ADJOURNMENT

Council adjourned at 7:40 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk

3 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 20, 2021 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 21, 2021 – 6:00 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was conducted purs uant to provisions of the Brown Act.

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened in session this special day of December 21, 2021.

ROLL CALL

Attendee Name Title Status
Elizabeth 'Liz' Gibbons Mayor Present
Paul Resnikoff Vice Mayor Absent
Anne Bybee Councilmember Absent
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present

PUBLIC COMMENT

A Campbell resident spoke of his concerns relating to homelessness in the City and the responsiveness of organizations the City directs individuals to for help.

Mayor Gibbons encouraged the speaker to send his concerns to the City Manager’s Office for investigation and response.

City Council recessed at 6:08 PM and reconvened at 6:31 PM with all members present.

UNFINISHED BUSINESS

1. Consider extension of Downtown Campbell Parklet Program. (Resolution/Roll Call Vote)
Recommended Action: That the City Council consider adoption of a Resolution extending the Downtown Campbell Parklet Program for outdoor restaurant dining and business operations in parklets.
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Minutes Acceptance: Minutes of Dec 21, 2021 6:00 PM (CONSENT CALENDAR)

Minutes of December 21, 2021 City Council Meeting Page 2 City Manager Brian Loventhal introduced the item, noting that th e current date to end the temporary Downtown Campbell Parklet Program is January 3, 2022. Due to the continued spread of COVID -19 and the Omicron variant , several Councilmembers requested this item be brought forward at this special meeting to discuss the end date of this program.

Mayor Gibbons opened the public hearing.

Randy Muster, Campbell Business Owner, spoke in support of extending the Downtown Campbell Parklet Program for another 30, 60, or 90 days as a way to continue to support business needs during the pandemic.

Ken Johnson, Campbell Chamber of Commerce, spoke in support of extending the Downtown Campbell Parklet Program and expressed appreciat ion to the City Council for their continued support of Campbell businesses.

Mayor Gibbons closed the public hearing.

After discussion, Council confirmed consensus for beginning the conversations relating to a potential permanent parklet program in January 2022, with the understanding that this topic may take multiple meetings to discuss.

Following discussions, M/S: Resnikoff/Landry – That the City Council adopt Resolution 12788 extending the Downtown Campbell Parklet Program for outdoor restaurant dining and business operations in parklets through March 31, 2022, including the desk item . The motion was ado pted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Resnikoff
SECONDER: Landry
AYES: Bybee, Landry, Lopez, Resnikoff, Gibbons

ADJOURN

Mayor Gibbons adjourned the meeting at 7:15 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

4 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 21, 2021 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 21, 2021 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was conducted purs uant to provisions of the Brown Act.

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened on the regularly scheduled day of December 21, 2021.

ROLL CALL

PLEDGE OF ALLEGIANCE
Mayor Gibbons led the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS
Councilwoman Landry presented holiday cards to the City Council.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

There were no oral requests.

COUNCIL ANNOUNCEMENTS
With the holidays approaching, the County of Santa Clara Public Healt h Department recommends all eligible members of the public, who live or work in Santa Clara County receive a COVID-19 booster shot. The booster is appropriate for almost everyone ages 5 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 21, 2021 7:30 PM (CONSENT CALENDAR)

Minutes of December 21, 2021 City Council Meeting Page 2 18 and older, 6 months following their last Pfizer or Moderna vaccinati on, or 2 months following the Johnson & Johnson vaccination. County clinics are taking appointments at www.sccfreevax.org and many locations readily accept walk -in patients for booster shots. Pfizer, Moderna, and Johnson & Johnson vaccines are available within the County. Additionally, many doctor offices and pharmacies provide COVID-19 boosters.

The Campbell Heritage Theatre is pleased to present Marshall Charloff and the Purple Experience on February 25, 2022 and the Peninsula Symphony Orchestra featuring Jon Nakamatsu on February 26, 2022. For event and ticket information, please vis it the City of Campbell’s website at campbellca.gov.

City Hall offices will be closed for business beginning December 23, thru December 31, 2021. Police and emergency services will remain open.

CONSENT CALENDAR
Mayor Gibbons asked if anyone wished to remove an item from the Consent Calendar.

The Consent Calendar was considered as follows:

1. Minutes of City Council Executive Session Meeting of November 30, 2021 Recommended Action: Approve the Executive Session meeting minutes of November 30, 2021.

This action approves the City Council Executive Session meeting minutes of November 30, 2021.

2. Minutes of City Council Executive Session Meeting of December 7, 2021 Recommended Action : Approve t he Executive Session meeting minutes of December 7, 2021.

This action approves the Executive Session meeting minu tes of December 7, 2021.

3. Minutes of City Council Regular Meeting of December 7, 2021 Recommended Action: Approve the regular meeting minutes of December 7, 2021.

This action approves the Regular Meeting minutes of December 7, 2021.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $670,195.28.

This action approves the bills and claims in the amount of $670,195.28 as follows: bills and claims checks dated November 22, 2021, in the amount of $414,218.97; payroll checks dated November 24, 2021, in the amount of $68,624.40; bills and claims checks dated November 29, 2021, in the amount of $187,351.91.

M/S: Resnikoff/Bybee – That the City Council approve the Consent Calendar. The motion was adopted by the following roll call vote:

5 Packet Pg. 23
Minutes Acceptance: Minutes of Dec 21, 2021 7:30 PM (CONSENT CALENDAR)

Minutes of December 21, 2021 City Council Meeting Page 3 RESULT: ADOPTED [UNANIMOUS]
MOVER: Resnikoff
SECONDER: Bybee
AYES: Bybee, Landry, Lopez, Resnikoff, Gibbons

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

There were no public hearings or introduction of ordinances.

NEW BUSINESS

5. City Council Reorganization
Recommended Action: That the City Council reorganize and elect a Mayor and Vice Mayor for the 2022 calendar year.

Mayor Gibbons recognized the dignitaries present, Assemblymember Evan Low, and President of the Foothill -De Anz a Community College District Board of Trustees, Patrick Ahrens.

Vice Mayor Resnikoff presented a plaque to Mayor Gibbons in recognition of her service as Mayor for the 2021 calendar year.

Mayor Gibbons expressed appreciation to loved ones, personal friends and those working to protect the planet through the Silicon Valley Clean Energy Authority.

She expressed appreciation to the volunteers throughout the City, local organizations and foundations, and City Staff for their hard work the past year and for keeping our City and Parks and Recreation open and available for the residents of Campbell throughout another difficult pandemic year.

M/S: Bybee/Landry – to nominate Vice Mayor Resnikoff to serve as Mayor for the 2022 calendar year. The motion was a dopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Bybee, Landry, Lopez, Resnikoff, Gibbons
Mayor Resnikoff expressed appreciation to those in attendance and stated that he is looking forward to the year ahead and continuing to make Campbell a great place to live, work and visit.

M/S: Landry/Gibbons – to nominate Councilmember Bybee to serve as Vice Mayor for the 2022 calendar year. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Gibbons
AYES: Bybee, Landry, Lopez, Gibbons, Resnikoff
5 Packet Pg. 24
Minutes Acceptance: Minutes of Dec 21, 2021 7:30 PM (CONSENT CALENDAR) Minutes of December 21, 2021 City Council Meeting Page 4 Vice Mayor Bybee expressed appreciation to Council for their support and stated that she is looking forward to working with City Staff on the major projects coming up in the 2022 calendar year.

Jeff Christina, former Councilmember, congratulated those in attendance.

Council provided congratulatory comments to out -going Mayor Gibbons and newly elected Vice Mayor Bybee and Mayor Resnikoff.

6. 2022 City Council Meeting Schedule (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving the 2022 City Council meeting schedule.

City Clerk Christopherson presented the Staff R eport dated December 21, 2022 with the recommended meeting schedule for the 2022 calendar year.

After discussion, M/S: Bybee/Landry – That the City Council adopt Resolution 12789 adopting the 2022 City Council meeting schedule, canceling the July 19, 20 22 meeting and the January 3, 2023 meeting . The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff

UNFINISHED BUSINESS
There was no unfinished business.

COUNCIL COMMITTEE REPORTS
There were no committee reports.

ADJOURN
Mayor Resnikoff adjourned the meeting at 8:01 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk
5 Packet Pg. 25
Minutes Acceptance: Minutes of Dec 21, 2021 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $3,304,943.46.

DISCUSSION
The bills and claims that have bee n audited and approved by staff for payments made as noted below:

Type Check Date Amount
Bills & Claims December 06, 2021 $866,937.18
Payroll December 09, 2021 $39,323.15
Bills & Claims December 13, 2021 $879,531.01
Bills & Claims December 20, 2021 $523,019.88
Payroll December 23, 2021 $66,796.73
Bills & Claims December 27, 2021 $929,335.51
Total $3,304,943.46

FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Roberto Garcia-Acosta, Accounting Clerk
II
Reviewed by:

Item: 6
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
6 Packet Pg. 26
Norite Vong, Finance Manager
Approving Bills and Claims Page 2 of 2
Approved by:

Brian Loventhal, City Manager
6 Packet Pg. 27

City
Council
Report

TITLE: Monthly Investment Transactions Report

RECOMMENDED ACTION

That the City Council review and accept the Monthly Investment Transactions Report for November 2021.

BACKGROUND

On August 17, 2021, the City Council approved the Fiscal Year (FY) 2021 -22 City of Campbell Investment Policy Update. Included as part of the updated policy was the addition of Monthly Investment Transaction Reports. As required by California Government Code (GC) Section 53607, staff will submit to Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to Council within 30 days from the end of the prior quarter.

DISCUSSION

This Monthly Investment Transaction Report covers November 2021. As shown in Attachment A, staff withdrew various amounts from the City’s Local Agency Investment Fund (LAIF) account from July 1 to September 30, 2021 to support ongoing operating expenses as well as investment purchases. Withdrawals totaling $ 1.5 million were offset by deposits of $1.0 million; thereby resulting in a net reduction to the City’s LAIF account balance of $500,000. Such a reduction to the City’s primary liquidity account during this time period is a normal occurrence every year since Property Taxes and other large seasonal revenue sources aren’t received by the City until later in the fiscal year. Staff e xpects that the drawdown during this period will be largely offset by deposits into LAIF over the next several months as taxes and other revenue sources are received.

In addition to LAIF transactions, Attachment A also shows the purchase of one (1) Federal Home Loan Bank (FHLB) Agency Note with a par value of $1 million, a 3.5 year maturity, and a step up yields of 0.35% in year one and 1.35% in years two and three .

Since the start of the COVID -19 pandemic, staff has largely held off on purchasing new Item: 7
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
7 Packet Pg. 28
Monthly Investment Transactions Report Page 2 of 2
long-term investments so as to maintain sufficient liquidity necessary to support ongoing City operations during a time of economic uncertainty . However, consistent with the recommended F iscal Year (FY) 2021-22 Investment Strategy accepted by Council on August 17, 2021, staff has revised this approach in the current fiscal year and started to look for longer -term investment opportunities outside of LAIF; thereby providing a higher, yet still safe return consistent with the City’s Investment Policy. With the pandemic being brought under better control and the current LAIF investment rate being quite low at 0.203%, staff believes that this is a fiscally prudent approach and will continue to look for attractive and appropriate longer -term investment opportunities throughout FY 2021 -22; contingent on a continued positive economic trend and stabilization of the pandemic’s negative impacts. Please note that all investment purchases made adhere to the City’s Investment Policy.

FISCAL IMPACT

There is no fiscal impact associated with reviewing and accepting the Monthly Investment Transactions Report.

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Monthly Investment Transactions Report (Nov 2021)
7 Packet Pg. 29

CITY OF CAMPBELL
Monthly Investment Transactions Report
November 1 to November 30, 2021
Account Trans. Date Nov 2021
LAIF - ******137
Average Monthly Yield 0.203%
Beginning Balance 40,193,415$
Transactions
Withdrawal 11/15/2021 (500,000)
Withdrawal 11/16/2021 (700,000)
Withdrawal 11/22/2021 (300,000)
Deposit 11/30/2021 1,000,000
Monthly Total (500,000)
Ending Balance 39,693,415$
Account Trans. Date Nov 2021
Bank of New York (BNY) - ******818
Beginning Balance 8,000,000$
Transactions
Invest. Purchase - FHLB (yr 1- 0.35%, yrs 2 & 3- 1.35% Yield; 3.00 Yrs) 11/18/2021 1,000,000 Monthly Total 1,000,000
Ending Balance 9,000,000$

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Attachment: Monthly Investment Transactions Report (Nov 2021) (Monthly Investment Transactions Report)

City
Council
Report

TITLE: Community Facilities District No. 1 Report Fiscal Year (FY) 2020-21

RECOMMENDED ACTION

That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2021, as mandated by the California Government Code Sections 53411 and 50075.3.

BACKGROUND

Senate Bill (SB) 165 enacted by the Local Agency Special Tax Bond Accountability Act requires the annual preparation of a report containing specific information concerning the use of the proceeds for annual special taxes for Community Facilities Districts ( CFDs).

The Act only applies to CFD bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code.

Section 53411 and 50075.3 of the California Government Code requires the Chief Financial Officer of the issuing local agency to file the annual report with its governing body. The report will be on file in the City Clerk’s Office for review by the public upon request.

The report and accompanying Attachment A will help to ensure compliance with Sections 53410, 53411 and 50075.3 of the California Government Code for Campbel l Community Facilities District (CFD) No. 1 in FY 2020-21.

DISCUSSION

On October 2, 2012, the City Council provided its final approval for the annexation of the Cambrian 36 and Central Park neighborhoods in the City of Campbell, which concluded a process that began many years prior. Also approved at the same meeting was a resolution of intention to form a CFD under the Mello-Roos Community Facilities District Act of 1982 to provide a mechanism for the newly annexed residents to help pay for some of the costs to provide service to this area. The CFD No. 1 tax levy was approved by those in the CFD No. 1 territory on April 16, 2013 by approximately

90.35%. Attachment B shows the boundary areas of CFD No. 1. CFD No. 1 was officially established in 2013 and provides funding for the following services. The services include all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities:

Item: 8
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
8 Packet Pg. 31
Community Facilities District #1 Report FY 2020-21 Page 2 of 4

• Fire Services - suppression and prevention, rescue services and equi pment, land and buildings, cost of personnel and professional contract services and services related thereto.
• Law Enforcement - public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. • Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.
• Street Maintenance - periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.
• Recreation Programs – recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and pr ofessional contract services and services related thereto.

The special tax shall be levied until June 2053 and began with FY 2013-14. There are two special tax rates for the district that are applied to two types of property, which shall not increase year over year per the Rate and Method of Apportionment (RMA):

• Single Family Detached Property types shall be levied a special tax at a rate of $325.00 per unit.
• Non-Residential Property types shall be levied a special tax at a rate of $600.00 per parcel.

The total maximum annual tax levy may not exceed $450,000 for all parcels within CFD No. 1. At this time though, with 406 Single Family Detached parcels and 24 Non - Residential Parcels , the total annual tax levy is only $146,350 . If additional parcels were added to CFD No. 1 in the future, causing the total annual levy to exceed $450,000, the assessment rate per parcel would be decreased to a level necessary to equal $450,000.

FISCAL IMPACT

The FY 2020-21 special tax levy for CFD No. 1 consisted of 430 par cels for a total of $146,350.00. Pursuant to the CFD’s RMA, NBS (the City’s CFD No. 1 Administrator) levied all taxable parcels at 100% of their respective maximum annual special tax. As of June 30, 2020, the delinquency rate for FY 2020-21 was 0.44%. NBS will continue to monitor delinquencies to help ensure timely collection of funds.

Table 1 below provides a summary of revenues and expenditures for CFD No. 1 in FY 2020-21:

8 Packet Pg. 32
Community Facilities District #1 Report FY 2020-21 Page 3 of 4 Table 1 –CFD No. 1 Summary for FY Ended 06/30/2021
District 07/01/2020
Balance*
Collections &
Misc. Revenue**
Expenditures
***
06/30/2021
Balance
Status
CFD # 1 $5,571 $145,581 $146,538 $4,614 Ongoing
*Balance includes Accumulated Investment Income shown in City Financial Statements. **Revenue accounts for collections, delinquencies, and investment income. ***Expenditures reflect what is recorded against CFD#1 Fund in City Financial Statements.

Table 2 below provides further detail on expenditures within CFD No. 1 for the FY 2020- 21:

Table 2 –CFD No. 1 Expenditures for FY Ended 06/30/2021 Service Type Expenditures

Fire $225,039.04
Police 177,510.20
Street Maintenance 80,000.00
General Administrative Costs 15,000.00
Delinquency Management 0.00
Contribution from Other Sources**** (351,199.24)
TOTAL: $146,350.00
**** Represe nts the City’s contribution to the FY 2020 -21 levy to provide Services at levels desired by the community without exceeding 100% of the CFD’s Maximum Special Tax. The CFD No. 1 Tax Levy does not currently cover all associated service costs and the remainder are funded by other City funding sources.

All revenues and expenditures summarized above were realized in FY 2020 -21 under Fund 236 (CFD No. 1). As of the end of FY 2020-21, Fund 236 has an ending balance of $4,614 and this mainly represents accumulated investment income. Fund Balances are used for both operating and capital reserves, and may accumulate over time to cover unexpected expenses that may arise and to assist with cash flow needs. Estimated revenues and budgetary appropriations have been inc luded in the FY 2021 -22 Adopted Budget and no adjustments are requested at this time.

Prepared by:

Will Fuentes, Finance Director

8 Packet Pg. 33
Community Facilities District #1 Report FY 2020-21 Page 4 of 4 Approved by:

Brian Loventhal, City Manager
Attachment:
a. CFD #1 Annual Report FY 2020-21
b. CFD #1 Boundary Map
8 Packet Pg. 34

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2020/21 Annual Report For:

Community Facilities District No. 1
December 2021

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

TABLE OF CONTENTS

1. District Analysis .............................................................................................................. 1

1.1 District ....................................................................................................................... 1

1.2 Levy ............................................................................................................................ 1

1.3 Delinquency Management ........................................................................................ 1

2. Local Agency Special Tax and Bond Accountability Act .................................................... 2

2.1 Purpose of Special Tax ............................................................................................... 2

2.2 Collections and Expenditures .................................................................................... 2

3. Levy Analysis .................................................................................................................. 3

3.1 Levy Summary ........................................................................................................... 3

3.2 Budget Comparison ................................................................................................... 3

3.3 Special Tax Spread ..................................................................................................... 3

3.4 Maximum and Applied Rates .................................................................................... 4 Appendix A: Rate and Method of Apportionment .................................................................. 5 Appendix B: Final Budget for Fiscal Year 2021/22 ................................................................... 6 Appendix C: Delinquency Summary ........................................................................................ 7 Appendix D: Fiscal Year 2021/22 Final Billing Detail Report .................................................... 8

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 1

1. DISTRICT ANALYSIS

1.1 District
The City of Campbell (the “City”) established the Community Facilities District No. 1 (the “District”) in 2013 to provide funding for the following services, including all related administrative costs, expenses, and related reserves for replacement of vehicles, equipment and facilities.

Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.

Law Enforcement - public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.

Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.

Street Maintenance - periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.

Recreation Programs – recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and professional contract services and services related thereto.

The Special Tax, beginning with the 2013/14 Fiscal Year, can be levied and collected through the 2052/53 Fiscal Year. There are two special tax rates for the District that are applied to two types of property, which will not increase year over year per the Rate and Method of Apportionment (RMA):
• Single Family Detached Property types may be levied a Special Tax at a rate of $325.00 per unit. • Non-Residential Property types may be levied a Special Tax at a rate of $600.00 per parcel.

1.2 Levy
The Fiscal Year 2021/22 Special Tax levy for the District consisted of 430 parcels for a total of $146,350.00.

Pursuant to the District’s RMA, NBS levied all taxable parcels at 100% of their respective maximum annual Special Tax.

1.3 Delinquency Management
As of June 30, 2021, the delinquency rate for Fiscal Year 2020/21 was 0.44%. NBS will continue to monitor delinquencies to help ensure timely collection of funds.

NBS
April Sabado, Administrator
Amanda Welker, Project Manager
Tim Seufert, Client Services Director

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 2

2. LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1.”
The requirements of the Act apply to the Funds for the following:

Community Facilities District No. 1

2.1 Purpose of Special Tax
The City of Campbell CFD No. 1 collects special taxes to fund services including all related administrative costs, expenses, and related reserves for replacement of vehicles, equipment and facilities, as well as fire, law enforcement, flood and storm protection, street maintenance, and recreation program services.

The services funded by the Special Tax are ongoing.

2.2 Collections and Expenditures
Special Tax Collected Amount Special Tax Expended Amount 6/30/2021 Balance Status $146,350.00 $146,350.00 $0.00 Ongoing

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 3

3. LEVY ANALYSIS

3.1 Levy Summary
A summary of the total levy for Fiscal Year 2021/22 is shown in the table and charts below.

Parcel
Count
Levy
Amount
430 $146,350.00

3.2 Budget Comparison
A breakdown of the budget used for the Fiscal Year 2021/22 levy compared to that used for the Fiscal Year 2020/21 levy of the District is shown in the table below. (1) Represents the City’s contribution to the Fiscal Year 2021/22 levy to provide Services at levels desired by the community without exceeding 100% of the CFD’s Maximum Special Tax.

3.3 Special Tax Spread
The total levy and applied rates for Fiscal Year 2021/22 are shown in the table below.

Property Type
Parcel
Count (1)
FY 2021/22
Applied Tax Rate (1)
Total FY 2021/22
Special Tax Levy (1)
Single Family Detached Property 406 $325.00/unit $131,950.00 Non-Residential 24 600.00/parcel $14,400.00
Totals: 430 $146,350.00
(1) Parcel Count, Applied Tax Rates, and Total Special Tax Levy for Fiscal Year 2021/22 are unchanged from Fiscal Year 2020/21.

Service Type
Fiscal Year 2021/22
Budgeted Amount
Fiscal Year 2020/21
Budgeted Amount Percent Change
Fire $231,790.21 $225,039.04 3.00%
Police 182,835.51 177,510.20 3.00%
Street Maintenance 80,000.00 80,000.00 0.00%
General Administrative Costs 15,000.00 15,000.00 0.00%
Delinquency Management 0.00 0.00 0.00%
Contribution from Other Sources (1) (363,275.72) (351,199.24) 3.44% Total: $146,350.00 $146,350.00 0.00%

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 4

3.4 Maximum and Applied Rates
The Fiscal Year 2021/22 applied tax rates compared to the maximum tax rates are shown in the table below.

Property Type
Parcel
Count (1)
FY 2021/22
Applied Tax Rate (1)
FY 2021/22
Maximum Tax Rate (1)
Percent of
Maximum
Single Family Detached Property 406 $325.00/unit $325.00/unit 100% Non-Residential 24 600.00/parcel 600.00/parcel 100%
(1) Parcel Count, Applied Tax Rates, Maximum Tax Rates, and Percent of Maximum for Fiscal Year 2021/22 are unchanged from Fiscal Year 2020/21.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 5
APPENDIX A: RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 1 9/28/2012
A Special Tax shall be levied and collected in City of Campbell Community Facilities District No. 1 (the “District”) each Fiscal Year, in an amount determined by the application of the procedures described below. All of the real property in the District, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Acreage” or “Acre” means that acreage shown on the Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel shall be determined by the District Administrator based upon the applicable condominium plan, final map or parcel map. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of the District: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes ; the costs of the City or designee in complying with the disclosure requirements of applicable federal and state securities laws and the California Government Code (including the Act), including public inquiri es regarding the Special Taxes ; the costs of the City or designee related to an appeal of the Special Tax; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in the District; the costs of the Cit y (including its legal counsel) related to the administration of any letter of credit or other security provided for the payment of Special Taxes, and any fees or expenses related to any such letters of credit. Administrative Expenses shall also include a mounts advanced by the City for any administrative purposes of the District and an allocable share of the salaries and an allocable portion of City overhead costs relating to the foregoing . “Annual Services Costs” means the amounts required to fund services listed on Exhibit A. “Annual Special Tax Requirement” means (A) that amount with respect to the District determined by the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to replenish any reserve fund established in connection with the District, (4) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, and (B) less available funds. “Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“City” means the City of Campbell, County of Santa Clara. “Council” means the City Council of the City, acting as the legislative body of the District. “County” means the County of Santa Clara, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, for which a building permit was issued prior to the June 1 preceding the Fiscal Year for which the Special Tax is being levied.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 2 9/28/2012
“District” means the City of Campbell Community Facilities District No. 1. “District Administrator” means an official of the City, or designee or agent or consultant, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of Special Taxes each Fiscal Year.
“Exempt Property” means all property located within the boundaries of the District which is exempt from the Special Tax pursuant to Section V below.
“Finance Director” means the official of the City who is the chief financial officer or other comparable officer of the City or designee thereof.
“Fiscal Year ” means the period from July 1 st of any calendar year through June 30 th of the following calendar year.
“Maximum Special Tax Rate” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Non-Residential Property” means all property other than Single Family Detached Property or Public Property.
“Parcel” means a lot or parcel with a parcel number assigned by the assessor of the County. “Proportionately” means that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax Rate authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels. “Public Property” means property within the boundaries of the District owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right -of-way has been granted to the federal government, the State of California, the Count y, the City, or any local government or other public agency.
“Single Family Detached Property” means all parcels of Developed Property with a single residential structure on a single parcel where the dwelling unit does not share a common wall with another unit. “Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Taxable Property” means all property located within the boundaries of the District which is not exempt from the Special Tax pursuant to Section V below.
“Unit” means, for Single Family Detached Property, an individual single family residential unit..

II. DETERMINATION OF TAXABLE PARCELS
On July 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor’s Parcel Numbers for the current Fiscal Year for all property within the District . If any Parcel numbers are no longer valid from the previous Fiscal Year , the District Administrator shall determine the new Parcel number or numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 3 9/28/2012
III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT
All property shall be subject to a Special Tax defined as follows, except as provided in Section V.

The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each parcel within the District by the method shown below.

First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Taxable Property Proportionately, up to the Maximum Special Tax R ate described in Table 1 to satisfy the Annual Special Tax Requirement.

TABLE 1

MAXIMUM SPECIAL TAX RATES
Property Type Rate Per
Single Family Detached Property $325.00 Unit
Non-Residential Property 600.00 Parcel
The above rates shown in Table 1 are effective for the 2013/14 Fiscal Year and shall not increase.

IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.

V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in this Section. Any property acquired by a public entity for non-public use development shall be subject to the Special Tax. Until such time as another Parcel is annexed to the District, Assessor’s Parcel No. 412 -28-049 shall be considered Taxable Property. Upon annexation of another Parcel to the District, Assessor’s Parcel No. 4 12-28-049 will no longer be subject to the Special Tax. The City expects to add additional properties to the District as a result of annexation proceedings.

VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The Council reserves the right to make mino r administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Maximum Special Tax Rates. In addition, the interpretation and application of any section of this document shall be at the Council’s discretion.

VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided tha t the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of the District, and may collect delinquent Special Taxes through foreclosure or other available methods.

A Special Tax shall continue to be levied and collected wit hin the District to fund the Annual Special Tax Requirement for a forty year term, beginning with the 2013/14 Fiscal Year through and including the 2052/53 Fiscal Year.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 4 9/28/2012
EXHIBIT “A”
The City of Campbell Community Facilities District No. 1 will levy an Annual Special Tax for the purposes of providing funding for the following services. The services include all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities :

Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.

Law Enforcement - public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.

Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.

Street Maintenance - periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 6
APPENDIX B: FINAL BUDGET FOR FISCAL YEAR 2021/22
The following page shows the Final Budget for Fiscal Year 2021/22.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) Final Budget for Fiscal Year 2021/22
Community Facilities District No. 1
City of Campbell
FY 2020/21FY 2021/22Category/Item Increase / (Decrease) Miscellaneous
Administration $15,000.00 $15,000.00 $0.00
DM charges - District-wide 0.00 0.00 0.00
Subtotal: $15,000.00 $15,000.00 $0.00
Admin. Expenses
Fire Services $231,790.21 $225,039.04 $6,751.17
Police Services 182,835.51 177,510.20 5,325.31
Street Maintenance 80,000.00 80,000.00 0.00
Contribution From Other Sources (363,275.72) (351,199.24) (12,076.48) Subtotal: $131,350.00 $131,350.00 $0.00
Total Accounts:
$146,350.00 $146,350.00 $0.00
Footnotes:
430 430 0
Grand Total:

Page 1 ends

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2021/22 Annual Report – CFD No. 1 7
APPENDIX C: DELINQUENCY SUMMARY
The following pages show the Current Delinquency Summary.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) CFD No. 1 - Community Facilities District No. 1
08/01/2013 Billing:
12/10/2013 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2014 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% $145,700.00Subtotal: $145,700.00 $0.00 856 856 00.00% 0.00% 08/01/2014 Billing:
12/10/2014 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2015 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% $145,700.00Subtotal: $145,700.00 $0.00 856 856 00.00% 0.00% 08/01/2015 Billing:
12/10/2015 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2016 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% $145,700.00Subtotal: $145,700.00 $0.00 856 856 00.00% 0.00% 08/01/2016 Billing:
12/10/2016 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2017 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% $145,700.00Subtotal: $145,700.00 $0.00 856 856 00.00% 0.00% 08/01/2017 Billing:
12/10/2017 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2018 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% $145,700.00Subtotal: $145,700.00 $0.00 856 856 00.00% 0.00% 08/01/2018 Billing:
12/10/2018 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2019 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% $146,350.00Subtotal: $146,350.00 $0.00 860 860 00.00% 0.00% 08/01/2019 Billing:
12/10/2019 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2020 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% $146,350.00Subtotal: $146,350.00 $0.00 860 860 00.00% 0.00%

Page 1 of 2 ends

Due Date
Delinquency Summary Report
City of Campbell
As of: 06/30/2021
District
Delinquent
Installments
Paid
Installments
Billed
Installments
Delinquent
Amount %
Delinquent
Amount
Paid
Amount
Billed
Amount
Delinquent
Installments %

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) CFD No. 1 - Community Facilities District No. 1
08/01/2020 Billing:
12/10/2020 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2021 $73,175.00 $72,525.00 $650.00 0.89% 430 426 4 0.93% $146,350.00Subtotal: $145,700.00 $650.00 860 856 40.44% 0.47% CFD No. 1 Total: $1,167,550.00 $1,166,900.00 $650.00 6,860 6,856 40.06% 0.06% Agency Grand Total: $1,167,550.00 $650.00$1,166,900.00 6,860 46,8560.06% 0.06%

Page 2 of 2 ends

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Fiscal Year 2020/21 Annual Report – CFD No. 1 8
APPENDIX D: FISCAL YEAR 2021/22 FINAL BILLING DETAIL
REPORT
The following pages show the Final Billing Detail Report for Fiscal Year 2021/22.

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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-24-015 $600.00
412-24-016 325.00
412-24-017 325.00
412-24-018 325.00
412-24-019 325.00
412-37-001 325.00
412-37-003 325.00
412-37-005 325.00
412-37-006 325.00
412-37-007 325.00
412-37-008 325.00
412-37-010 325.00
412-37-011 325.00
412-37-012 325.00
412-37-013 325.00
412-37-014 325.00
412-37-015 325.00
412-37-016 325.00
412-37-019 325.00
412-37-020 325.00
412-37-021 325.00
412-37-022 325.00
412-37-023 325.00
412-37-024 325.00
412-37-025 325.00
412-37-026 325.00
412-37-027 325.00
412-37-028 325.00
412-37-029 325.00
412-37-030 325.00
412-37-031 325.00
412-37-032 325.00
412-37-033 325.00
412-37-034 325.00
412-37-035 325.00
412-37-036 325.00
412-37-037 325.00
412-37-038 325.00
412-37-039 325.00
412-37-056 325.00
412-37-057 325.00
412-37-064 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-37-065 325.00
412-37-069 325.00
412-37-070 325.00
412-37-071 325.00
412-37-073 325.00
412-37-074 325.00
412-37-075 325.00
412-37-076 325.00
412-38-001 325.00
412-38-002 325.00
412-38-003 325.00
412-38-004 325.00
412-38-005 325.00
412-38-006 325.00
412-38-007 325.00
412-38-008 325.00
412-38-009 325.00
412-38-010 325.00
412-38-011 325.00
412-38-012 325.00
412-38-013 325.00
412-38-014 325.00
412-38-015 325.00
412-38-016 325.00
412-38-017 325.00
412-38-018 325.00
412-38-019 325.00
412-38-020 325.00
412-38-021 325.00
412-38-022 325.00
412-38-023 325.00
412-38-024 325.00
412-38-025 325.00
412-38-026 325.00
412-38-027 325.00
412-38-028 325.00
412-38-029 325.00
412-38-030 325.00
412-38-031 325.00
412-38-032 325.00
412-38-033 325.00
412-38-034 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-38-035 325.00
412-38-036 325.00
412-38-037 325.00
412-38-038 325.00
412-38-039 325.00
412-38-040 325.00
412-38-041 325.00
412-38-042 325.00
412-38-043 325.00
412-38-044 325.00
412-38-045 325.00
412-38-046 325.00
412-38-047 325.00
412-38-048 325.00
412-38-049 325.00
412-38-050 325.00
412-38-051 325.00
412-38-052 325.00
412-38-053 325.00
412-38-054 325.00
412-38-055 325.00
412-38-056 325.00
412-38-057 325.00
412-38-058 325.00
412-38-059 325.00
412-38-060 325.00
412-38-061 325.00
412-38-062 325.00
412-38-063 325.00
412-38-067 325.00
412-38-068 325.00
412-38-075 325.00
412-38-076 325.00
412-38-077 325.00
412-38-078 325.00
412-38-079 325.00
412-38-080 325.00
412-38-081 325.00
412-38-082 325.00
412-38-083 325.00
412-38-084 325.00
412-38-085 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-38-086 325.00
412-39-001 325.00
412-39-002 325.00
412-39-003 325.00
412-39-004 325.00
412-39-005 325.00
412-39-006 325.00
412-39-007 325.00
412-39-008 325.00
412-39-009 325.00
412-39-010 325.00
412-39-011 325.00
412-39-012 325.00
412-39-013 325.00
412-39-014 325.00
412-39-015 325.00
412-39-016 325.00
412-39-017 325.00
412-39-018 325.00
412-39-019 325.00
412-39-020 325.00
412-39-021 325.00
412-39-022 325.00
412-39-023 325.00
412-39-024 325.00
412-39-027 325.00
412-39-028 325.00
412-39-029 325.00
412-39-030 325.00
412-39-031 325.00
412-39-032 325.00
412-39-033 325.00
412-39-034 325.00
412-39-035 325.00
412-39-036 325.00
412-39-037 325.00
412-39-038 325.00
412-39-039 325.00
412-39-040 325.00
412-39-041 325.00
412-39-042 325.00
412-39-043 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-39-044 325.00
412-39-045 325.00
412-39-046 325.00
412-39-047 325.00
412-39-048 325.00
412-39-049 325.00
412-39-050 325.00
412-39-051 325.00
412-39-052 325.00
412-39-053 325.00
412-39-054 325.00
412-40-006 325.00
412-40-007 325.00
412-40-008 325.00
412-40-009 325.00
412-40-010 325.00
412-40-011 325.00
412-40-012 325.00
412-40-013 325.00
412-40-014 325.00
412-40-015 325.00
412-40-016 325.00
412-40-017 325.00
412-40-018 325.00
412-40-019 325.00
412-40-020 325.00
412-40-021 325.00
412-40-022 325.00
412-40-023 325.00
412-40-024 325.00
412-40-025 325.00
412-40-026 325.00
412-40-027 325.00
412-40-028 325.00
412-40-029 325.00
412-40-030 325.00
412-40-031 325.00
412-40-032 325.00
412-40-033 325.00
412-40-034 325.00
412-40-035 325.00
412-41-001 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
412-41-002 325.00
412-41-003 325.00
412-41-004 325.00
412-41-005 325.00
412-41-006 325.00
412-41-007 325.00
412-41-008 325.00
412-41-009 325.00
412-41-010 325.00
412-41-011 325.00
412-41-012 325.00
412-41-013 325.00
412-41-014 325.00
412-41-015 325.00
412-41-016 325.00
412-41-017 325.00
412-41-018 325.00
412-41-019 325.00
412-41-020 325.00
412-41-021 325.00
412-41-022 325.00
412-41-023 325.00
412-41-024 325.00
412-41-025 325.00
412-41-026 325.00
412-41-027 325.00
412-41-028 325.00
412-41-029 325.00
412-41-030 325.00
412-41-031 325.00
412-41-032 325.00
412-41-033 600.00
412-41-034 600.00
412-41-036 600.00
412-41-037 600.00
412-41-038 600.00
412-41-039 600.00
412-41-040 600.00
412-41-041 600.00
412-41-042 600.00
412-42-008 325.00
414-01-002 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
414-01-003 325.00
414-01-004 325.00
414-01-005 325.00
414-01-006 325.00
414-01-007 325.00
414-01-008 325.00
414-01-009 325.00
414-01-010 325.00
414-01-011 325.00
414-01-012 325.00
414-01-013 325.00
414-01-014 325.00
414-01-015 325.00
414-01-016 325.00
414-01-017 325.00
414-01-018 325.00
414-01-019 325.00
414-01-020 325.00
414-01-021 325.00
414-01-022 325.00
414-01-023 325.00
414-01-024 600.00
414-01-025 600.00
414-01-026 600.00
414-01-027 600.00
414-01-028 600.00
414-01-037 325.00
414-01-038 325.00
414-01-041 325.00
414-01-042 325.00
414-01-043 325.00
414-01-044 325.00
414-01-045 325.00
414-01-046 325.00
414-01-047 325.00
414-01-048 325.00
414-01-049 325.00
414-01-050 325.00
414-01-051 325.00
414-01-052 325.00
414-01-053 325.00
414-01-054 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
414-01-055 325.00
414-01-056 325.00
414-01-057 325.00
414-01-058 325.00
414-01-059 325.00
414-01-060 325.00
414-01-061 325.00
414-01-062 325.00
414-01-063 325.00
414-01-064 325.00
414-01-065 325.00
414-01-066 325.00
414-01-067 325.00
414-01-068 325.00
414-02-001 325.00
414-02-002 325.00
414-02-003 325.00
414-02-004 325.00
414-02-005 325.00
414-02-006 325.00
414-02-007 325.00
414-02-008 325.00
414-02-009 325.00
414-02-010 325.00
414-02-011 325.00
414-02-012 325.00
414-02-013 325.00
414-02-014 325.00
414-02-015 325.00
414-02-016 325.00
414-02-017 325.00
414-02-018 325.00
414-02-019 325.00
414-02-020 325.00
414-02-021 325.00
414-02-022 325.00
414-02-023 325.00
414-02-024 325.00
414-02-025 325.00
414-02-026 325.00
414-02-027 325.00
414-02-028 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
414-02-029 325.00
414-02-030 325.00
414-02-031 325.00
414-02-032 325.00
414-02-033 325.00
414-02-034 325.00
414-02-035 325.00
414-02-036 325.00
414-02-037 325.00
414-02-038 325.00
414-02-039 325.00
414-02-040 325.00
414-02-041 325.00
414-02-042 325.00
414-02-043 325.00
414-02-044 325.00
414-02-045 325.00
414-02-046 325.00
414-02-047 325.00
414-02-048 325.00
414-02-049 325.00
414-02-050 325.00
414-02-051 325.00
414-02-052 325.00
414-02-053 325.00
414-02-054 325.00
414-02-055 325.00
414-02-056 325.00
414-02-057 325.00
414-02-058 325.00
414-02-059 325.00
414-02-060 325.00
414-02-061 325.00
414-02-062 325.00
414-02-063 325.00
414-02-064 325.00
414-02-065 325.00
414-02-066 325.00
414-04-001 600.00
414-04-002 600.00
414-04-003 600.00
414-04-004 600.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
414-04-005 325.00
414-04-007 600.00
414-04-008 600.00
414-04-009 600.00
414-04-010 600.00
414-04-011 325.00
414-04-012 325.00
414-04-013 325.00
414-04-014 325.00
414-04-015 325.00
414-04-016 325.00
414-04-017 325.00
414-04-018 325.00
414-04-019 325.00
414-04-020 325.00
414-04-021 325.00
414-04-022 325.00
414-04-023 325.00
414-04-024 325.00
414-04-025 325.00
414-04-026 325.00
414-04-027 325.00
414-04-028 325.00
414-04-029 325.00
414-04-030 325.00
414-04-031 325.00
414-04-032 325.00
414-04-033 325.00
414-04-034 325.00
414-04-035 325.00
414-04-036 325.00
414-04-037 325.00
414-04-038 325.00
414-04-039 325.00
414-04-040 325.00
414-04-041 600.00
414-05-037 325.00
414-05-038 325.00
414-05-039 325.00
414-05-040 325.00
414-05-041 325.00
414-05-042 325.00
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2021/22
APN Levy Amount
414-05-043 325.00
414-05-044 325.00
414-05-045 325.00
414-05-046 325.00
414-05-047 325.00
414-05-048 325.00
414-05-049 325.00
414-05-050 325.00
414-05-051 325.00
414-05-052 325.00
$146,350.00430 Accounts
$146,350.00430 Total Accounts
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2020-21 (Community Facilities District #1 Report FY 2020-21) ANNEXATION MAP NO. 1

OF THE CITY OF CAMPBELL
COMMUNITY FACILITES DISTRICT NO. 1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CAMPBELL THIS _____ DAY OF __________, 20__.
_______________

CITY CLERK

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 1 TO THE CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF THE CITY OF CAMPBELL, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 20__, BY ITS RESOLUTION NO._____. _______________

CITY CLERK
FILED THIS _____ DAY OF __________, 20__, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
_____________

COUNTY RECORDER,

COUNTY OF SANTA CLARA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS,

REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.

REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "MAP OF

PROPOSED BOUNDARIES OF THE CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1" COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, FILED THE ___ DAY OF ___________, 20__, AT THE HOUR OF ____ O'CLOCK _M IN BOOK __ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE __, (DOCUMENT NO. _____________) IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS.

COUNTY OF SANTA CLARA

STATE OF CALIFORNIA
BASCOM

CURTNER
CAMDEN
ERIN

MCGLINCEY
UNION

SHAMROCK

CAMBRIAN

SALERNO
DALLAS
HWY-17

CENTRAL-PARK
JOSEPH

OLYMPIA NORMANDY
SHARP

GRIFFITH

HOFFMAN

SWEETBRIAR

WHITE OAKS

PARSONS
NB17 ONRMP FR. WB CAMDEN
REGAS
LOIS

CAMPBALL TECHNOLOGY PKWY
NORMAN
NB17 ONRMP FR.EB STEX

PARKDALE
ANGELO

STANFIELD

TOMASINA

SWEETBRIAR
¡0 0.075 0.15 0.225 0.30.0375
Miles
Legend
City Streets
Parcel Lines
Annexation Boundary
Annexation Parcels

Page 1 of 1 ends

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Attachment: CFD #1 Boundary Map (Community Facilities District #1 Report FY 2020-21)

City
Council
Report

TITLE: Community Facilities District No. 2 Report Fiscal Year (FY) 2020-21

RECOMMENDED ACTION

That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2021, as mandated by the California Government Code sections 53411 and 50075.3.

BACKGROUND

Senate Bill (SB) 165 enacted the Local Agency Special Tax Bond Ac countability Act requires the annual preparation of a report containing specific information concerning the use of the proceeds for annual special taxes for Community Facilities Districts ( CFDs).

The Act only applies to CFD bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code.

Section 53411 and 50075.3 of the California Government Code requires the Chief Financial Officer of the issuing local agency to file the annual report with its governing body. The report will be on file with the City Clerk for review by the public upon request.

The report and accompanying Attachment A will help to ensure compliance with Sections 53410, 53411 and 50075.3 of the California Government Code for Campbell Community Facilities District (CFD) No. 2 in FY 2020-21.

DISCUSSION

On November 19, 2013, the City Council approved the formation of CFD No. 2 under the Mello-Roos Community Facilities District Act of 1982 to provide administration and funding for the inspection, operation, maintenance, and monitoring of low impact development (LID) stormwater treatment facilities proposed for installation with a new D.R. Horton Bay, Inc. subdivision and public street located at 1181 Abbott Avenue.

Appendix A of Attachment A shows the boundary areas of CFD No. 2.

Pursuant to the 2013 City Council actions referenced, the CFD was formed and Tax Zone 1 was created. Since that time, there have been two additional annexations and the creation of two additional tax zones. In 2015, Tax Zone 2 was created, and parcels annexed into the CFD. Then in 2017, Tax Zone 3 was created, and parcels annexed into the CFD. These tax zones had the following rates for FY 2020-21:

Item: 9
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
9 Packet Pg. 65
Community Facilities District #2 Report FY 2020-21 Page 2 of 3

• Tax Zone 1: $1,914.48
• Tax Zone 2: $2,002.26
• Tax Zone 3: $2,019.44

In FY 2020-21, 25 parcels were levied for a total of $49,386.74. All was paid by the property owners in full . $493.87 (1%) was deducted by the County to place the special assessments on the tax roll; leaving a remaining balance of $48,892.87 paid to the City.

The special tax may be levied in perpetuity if services continue to be provided.

FISCAL IMPACT

The following provides a summary of revenues and expenditures for CFD No. 2 in FY 2020-21:

Table 1 –CFD No. 2 Summary for FY Ended 06/30/2021
District 07/01/2020
Balance
Collections &
Misc. Revenue
Expenditures 06/30/2021
Balance
Status
CFD #2 $158,855.41 $48,514.96 $36,953.97* $170,416.40 Ongoing *Less capital contribution of ($37,409.99)

All revenues and expenditures summarized above were realized in FY 2 020-21 under Fund 237 (CFD No. 2). As of the end of FY 2020-21, Fund 237 had an ending balance of $170,416.40. Fund Balances are used for both operating and capital reserves, and may accumulate over time to cover unexpected expenses that may arise and to assist with cash flow needs. Estimated revenues and budgetary appropriations have been included in the FY 2021-22 Adopted Budget and no adjustments are requested at this time.

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

9 Packet Pg. 66
Community Facilities District #2 Report FY 2020-21 Page 3 of 3 Attachment:
a. Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) 9 Packet Pg. 67

City of Campbell

Community Facilities District No. 2
(Public Services)
Annual Report
Prepared by:

Francisco & Associates, Inc.
231 Market Place, Suite 543
San Ramon, CA 94583
(925) 867-3400

Fiscal Year 2020-21

October 6, 2021

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

TABLE OF CONTENTS

Page No.

Background ................................................................................................................................................. 1

Boundaries of the CFD ............................................................................................................................. 1

Authorized Services ................................................................................................................................. 2

Revenues and Expenditures .................................................................................................................. 3

Annual Special Tax Rates and Levy .................................................................................................... 4

Appendix A – Boundary Map ........................................................................................................... A-1

Appendix B – Special Tax Roll .......................................................................................................... B-1

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

1 Background
On October 15, 2013, the Campbell City Council adopted a “Resolution of the City Council of the City of Campbell Intending to Establish a Community Facilities District” (the “Resolution of Intention”), stating its intention to form the City of Campbell (the “City”) Community Facilities District No. 2 (Public Services) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, Sections 53311 et. seq., California Government Code (the “Act”) to finance certain municipal services (the “Services”) by levying special taxes (the “Special Taxes”) in the CFD.

On November 19, 2013, the Campbell City Council held a public hearing, adopted the “Resolution of the City Council of the City of Campbell Forming a Community Facilities District” (the “Resolutio n of Formation”), adopted the “Resolution of the City Council of the City of Campbell Calling Special Landowner Election for a Community Facilities District” (“Resolution Calling Election”), conducted an election where ballots returned were canvassed, and adopted the “Resolution of the City Council of the City of Campbell Declaring Results of the Special Landowner Election and Directing the Recording of the Notice of Special Tax Lien” (“Resolution Declaring Results”).

Pursuant to the 2013 City Council actions referenced, the CFD was formed and Tax Zone 1 was created.

Since that time, there have been two additional annexations and the creation of two additional tax zones.

In 2015, Tax Zone 2 was created, and parcels annexed into the CFD. Then in 2017, Tax Zone 3 was created, and parcels annexed into the CFD.

The CFD levies an annual special tax on properties in the CFD to pay for the authorized services. The special tax may be levied in perpetuity if services continue to be provided.

This annual report provides the boundaries of the CFD, the authorized services that the special taxes may pay for, the Fiscal Year 2020 -21 revenues and expenditures, Fiscal Year 20 20-21 annual special tax rates and levy amount, and the Fiscal Year 2020-21 special tax roll.

Boundaries of the CFD
The City Council of the City also declared in the Resolution of Intention its intent to form a future annexation area (the “Future Annexation Area”) for the CFD. Parcels within the Future Annexation area may be annexed to the CFD only with the unanimous approval of the owner or owners of each parcel (s) that are to be annexed. The boundary map showing the boundaries of each tax zone within the CFD and the Future Annexation Area of the CFD is in Appendix A.

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

2 Authorized Services
The CFD is authorized to finance in whole or in part, the following maintenance services (“services” shall have the meaning given to that term in the Act), including but not limited to:
• Annual operation, maintenance, and serving, including repair and replacement of the storm water treatment facilities, including, but not limited to, low impact development storm water treatment facilities, bio- retention basins and associated facilities which service the properties located within the boundaries of the CFD. The annual operation, maintenance and servicing of the low impact development storm water treatment facilities, bio- retention basins and associated facilities may also include, but are not limited to field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation and/or monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris from the treatment areas, bio- retention basins and City catch basins, and any other associated services which are needed to operate, maintain and service, including repair and replacement, of the storm water treatment facilities.

• Costs associated with the setting, levy, and collection of the special taxes.

• Contingency costs, including a contingency and/or reserve for operating and capital reserves, as required by the City.

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

3 Revenues and Expenditures
The Fiscal Year 2020-21 beginning and ending fund balances, the revenues, and the expenditures for the CFD are in the table below.

Description FY 2020-21 Total
R evenues
Special Taxes $48,892.87
Investment Earnings ($444.91)
O ther $67.00
Total Revenues $48,514.96
Expenses
O perating Transfers $12,000.00
Utilities $1,949.55
Professional & Special Services $995.00
O ther Contractual Services $22,009.42
Total E xpenses $36,953.97
Fund Balance Contribiton $11,560.99
Fund Balance Information1
Beginning Balance $158,855.41
Endi
ng Balance $170,416.40
1Fund Balances are used for both operating and capital reserv es, and may accumulate to cov er unexpected expenses that may arise and to assist wi t h c a s h f l o w.

CFD No. 2 (Public Services)
FY 2020-21 R evenues and Expenditures

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

4 Annual Special Tax Rates and Levy
The table below shows the Fiscal Year 2020-21 maximum annual special tax rates and the applied annual special tax rates that were levied for each tax zone.

T ax Zone
Maximum Annual
Special T ax Rate
Ap p lie d Annual
Special T ax Rate
1 $2,355.52 $1,9 14.48
2 $2,342.36 $2,002.26
3 $2,100.22 $2,019.44

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

A-1

APPENDIX A

BOUNDARY MAP

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
Prepared by Francisco & Associates, Inc.
¯
2,000 0 2,000 4,0001,000
Feet
Legend
CFD No. 2 District Boundary
CFD No. 2 Future Annexation Area,
City of Campbell Boundary
Parcel LinesTax Zone 1
(see Sheet 2) Tax Zone 3
(see Sheet 4)
Tax Zone 2
(see Sheet 3)
Sheet 1 of 49.a
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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
Prepared by Francisco & Associates, Inc.
¯
80 0 80 16040
Feet
Sheet 2 of 4

HACIENDA AVE

ABBOTT AVE
1 2
3 4
5 6
7 8
9 10
Tax Zone 1
R eference
Number
Assessor
Parcel
Number
1 403-15-087
2 403-15-088
3 403-15-089
4 403-15-090
5 403-15-091
6 403-15-092
7 403-15-093
8 403-15-094
9 403-15-095
10 403-15-096

ARCHER WY

LAURENCE HILL CT
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 9.a
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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
Prepared by Francisco & Associates, Inc.
¯
50 0 50 10025
Feet
Sheet 3 of 4

WESTMONT AVE

JASMINE CT
Tax Zone 2
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 R eference
Number
Assessor
Parcel
Number
1 403-10-128
2 403-10-129
3 403-10-130
4 403-10-131
5 403-10-132
6 403-10-133
7 403-10-134
8 403-10-135
9 403-10-136
9 87
6 5
4 3
2 1

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
Prepared by Francisco & Associates, Inc.
¯
130 0 130 26065
Feet
Sheet 4 of 4

W HACIENDA AVE

ABBOTT AVE
Tax Zone 3
1 2
7 3
4 56
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 R eference
Number
Assessor
Parcel
Number
1 403-15-098
2 403-15-099
3 403-15-100
4 403-15-101
5 403-15-102
6 403-15-103
7 403-15-104

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21) City of Campbell – Community Facilities District No. 2 (Public Services) Fiscal Year 20 20-21 Annual Report

B-1

APPENDIX B

SPECIAL TAX ROLL

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Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21)

CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 2
FISCAL YEAR 2020-21

FINAL SPECIAL TAX ROLL
Assessor
Parcel
Number Property Owner Tax Zone
Special Tax
Amount
403-15-087 CHANG LU AND LI HONG MING Tax Zone 1 $1,914.48 403-15-088 HSIAO SAMUEL AND CHEUNG CINDY Tax Zone 1 $1,914.48 403-15-089 SWAMINATHAN SHANMUGA S AND DHANDAPANI USHAR Tax Zone 1 $1,914.48 403-15-090 HUANG LAWRENCE AND WEY JACLYN TRUSTEE Tax Zone 1 $1,914.48 403-15-091 WALKER JOSEPH B AND ELIANA Tax Zone 1 $1,914.48 403-15-092 ANGUELOV ATANAS I AND GODEVA ANTOANETA A TR Tax Zone 1 $1,914.48 403-15-093 YEN JENNIFER AND TON DUONG Tax Zone 1 $1,914.48 403-15-094 TUAN CHANG NING AND CHENG PAMELA L Tax Zone 1 $1,914.48 403-15-095 HO JASON CHIEN-YING AND YEN DEANNA FU-FENG Tax Zone 1 $1,914.48 403-10-128 CHUANG MARK TRUSTEE & ET AL Tax Zone 2 $2,002.26 403-10-129 OKAMOTO YUJI AND JIANG XUN Tax Zone 2 $2,002.26 403-10-130 MUN JERRY SUNG CHOL AND SEONG YEON Tax Zone 2 $2,002.26 403-10-131 ALDRICH LANCE P TRUSTEE & ET AL Tax Zone 2 $2,002.26 403-10-132 ZEN KEVIN AND KIM ALYN Tax Zone 2 $2,002.26
403-10-133 TEDJASAPUTRA ARYA P AND SUTANTO ELISSA Tax Zone 2 $2,002.26 403-10-134 LEI WEI Tax Zone 2 $2,002.26
403-10-135 ISCHANOV MAHMUD AND OKSANA Tax Zone 2 $2,002.26 403-10-136 CONRAN BRENT AND JOAN Tax Zone 2 $2,002.26
403-15-098 NGUYEN OANH THI TU Tax Zone 3 $2,019.44 403-15-099 MYHRE GRAHAM & JANELLE Tax Zone 3 $2,019.44 403-15-100 ABBOTT OAKS LLC Tax Zone 3 $2,019.44
403-15-101 ABBOTT OAKS LLC Tax Zone 3 $2,019.44
403-15-102 BYE JONATHAN R & ANASTASIA K Tax Zone 3 $2,019.44 403-15-103 ABBOTT OAKS LLC Tax Zone 3 $2,019.44
403-15-104 FOCHTMAN JEFFREY D CRUZ SANGMEE A Tax Zone 3 $2,019.44 Total: $49,386.74

9.a
Packet Pg. 80
Attachment: Campbell CFD 2 FY 2020-21 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2020-21)

City
Council
Report

TITLE: Approval of the Vacation of the Light and Air / Building (Setback) Lines Created by Tract Map No. 294 (Portions of Erin Way, Shamrock Drive, and Curtner Av enue, Formerly Casey Street) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution summarily vacating the Light and Air/Building (Setback) Lines created by Tract Map No. 294; and directing the City Clerk to record the resolution.

BACKGROUND

On May 13, 1946, the Board of Supervisors of the County of Santa Clara (County) approved Tract Map No. 294 which created a 69-lot subdivision as shown in Exhibit A of the attached resolution. The streets include portions of Erin Way, Shamrock Drive, and Curtner Avenue (formerly Casey Street). As was common at the time, the County required the subdivider to dedicate a Light and Air / Building (Setback) Line along the street frontage of the lots requiring that any structures constructed be set back 25 feet from the street the house faces and 8 feet from the side street for corner lots.

DISCUSSION

The Building Setback Lines previously required by the County are no longer appropriate. These Building Setback Lines represent outdated standards and are frequently in conflict with the front and side setbacks required by the City of Campbell’s Zoning Ordinance. For example, the R -1-8 zoning district for this neighborhood requires a 20 -foot front setback and 12 -foot street side set back, whereas the Building Setback Line shown on Tract Map 294 requires a 25 -foot front setback, and an 8 -foot street side setback. To eliminate this confusion, staff recommends that the Building Setback Lines be vacated and that building setbacks be determined solely through the requirements of the City’s Zoning Code.

In order to avoid a piecemeal implementation of the vacation of these easements, staff is recommending that the City Council vacate all of the Build ing Setback Lines created with Tract Map No. 294. A comprehensive list of the properties to be relieved of this encumbrance is presented in Exhibit B of the attached resolution. Upon recordation of Item: 10
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
10 Packet Pg. 81
Vacation of Light and Air Building Setback Tract 294 Page 2 of 2 the resolution approving this vacation, these properties will become unencumbered by these easements.

FISCAL IMPACT

There is no fiscal impact associated with this action.

ALTERNATIVES

Do not approve the vacation of the Building Setback Lines and continue to work around the conflicts between these easements and the City’s Zoning Code.

Prepared by:

Roger Storz, Senior Civil Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Exhibit A - Tract No. 294
c. Exhibit B - Vacation of Light and Air Easement
10 Packet Pg. 82
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING

THE LIGHT AND AIR / BUILDING SETBACK LINE EASEMENTS AS SHOWN ON TRACT MAP NO. 294 (PORTIONS OF ERIN WAY, SHAMROCK DRIVE, AND

CURTNER AVENUE , FORMERLY CASEY STREET), AND DIRECTING THE CITY

CLERK TO RECORD THE RESOLUTION

WHEREAS, an easement for light and air purposes was recorded on May 13, 1946 on Tract Map No. 294 (portions of Erin Way, Shamrock Drive, and Curtner Avenue , formerly Casey Str eet) in Book 10 of Maps at Page 25 of Official Records, Santa Clara County; and

WHEREAS, the 25-foot front Building Setback Line and 8-foot side street Building Setback Line shown on the Tract Map are not consistent with the corresponding setbacks specified in the Campbell Zoning Code , thereby creating conflicts between the two different requirements; and

WHEREAS, this easement is no longer required as it has been superseded by the requirements of the City of Campbell Zoning Code; and

WHEREAS, it is the desire of the City of Campbell to remove this outdated encumbrance from the properties within the subdivision known as Tract No. 294 as shown on Exhibit A and more particularly described in Exhibit B; and

WHEREAS, the easement vacation is to be made pursuant to Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Street and Highway Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the light and air/building setback line easement and directs the City Clerk to record this Resolution for the properties within Tract No. 294 as shown on Exhibit A and more particularly described in Exhibit B.

PASSED AND ADOPTED this day of___________ , 2022 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

10.a
Packet Pg. 83
Attachment: Resolution (Vacation of Light and Air Building Setback Tract 294)

10.b
Packet Pg. 84
Attachment: Exhibit A - Tract No. 294 (Vacation of Light and Air Building Setback Tract 294) Exhibit B - Vacation of Light and Air Easement
Assessor Parcel
Number Address Map Reference
414-02-001 364 Curtner Avenue Tract No. 294, Lot 1
414-02-034 1022 Erin Way Tract No. 294, Lot 2
414-02-033 1034 Erin Way Tract No. 294, Lot 3
414-02-032 1046 Erin Way Tract No. 294, Lot 4
414-02-031 1056 Erin Way Tract No. 294, Lot 5
414-02-030 1068 Erin Way Tract No. 294, Lot 6
414-02-029 1080 Erin Way Tract No. 294, Lot 7
414-02-028 1094 Erin Way Tract No. 294, Lot 8
414-02-027 1108 Erin Way Tract No. 294, Lot 9
414-02-026 1122 Erin Way Tract No. 294, Lot 10
414-02-025 1132 Erin Way Tract No. 294, Lot 11
414-02-024 1142 Erin Way Tract No. 294, Lot 12
414-02-023 1156 Erin Way Tract No. 294, Lot 13
414-02-022 1162 Erin Way Tract No. 294, Lot 14
414-02-021 1176 Erin Way Tract No. 294, Lot 15
414-02-020 1190 Erin Way Tract No. 294, Lot 16
414-02-019 1200 Erin Way Tract No. 294, Lot 17
414-02-018 1206 Erin Way Tract No. 294, Lot 18
414-04-013 364 Shamrock Drive Tract No. 294, Lot 19
414-04-012 354 Shamrock Drive Tract No. 294, Lot 20
414-04-011 334 Shamrock Drive Tract No. 294, Lot 21
414-04-010 1260 Erin Way Tract No. 294, Lot 22
414-01-023 1235 Shamrock Drive Tract No. 294, Lot 23
414-01-022 1223 Shamrock Drive Tract No. 294, Lot 24
414-01-021 1211 Shamrock Drive Tract No. 294, Lot 25
414-01-017 1169 Shamrock Drive Tract No. 294, Lot 26
414-01-016 1155 Shamrock Drive Tract No. 294, Lot 27
414-01-015 1145 Shamrock Drive Tract No. 294, Lot 28
414-01-014 1137 Shamrock Drive Parcel Map 263 M 31, Lot 29 (Originally Tract No. 294,
portion of Lots 29 & 30)
414-01-013 1131 Shamrock Drive Parcel Map 263 M 31, Lot 30 (Originally Tract No. 294,
portion of Lots 29 & 30)
414-01-012 1125 Shamrock Drive Tract No. 294, Lot 31
414-01-011 1113 Shamrock Drive Tract No. 294, Lot 32
414-01-010 1101 Shamrock Drive Tract No. 294, Lot 33
414-01-009 1081 Shamrock Drive Tract No. 294, Lot 34
414-01-008 1071 Shamrock Drive Tract No. 294, Lot 35
414-01-007 1061 Shamrock Drive Tract No. 294, Lot 36
414-01-006 1057 Shamrock Drive Tract No. 294, Lot 37
414-01-005 1047 Shamrock Drive Tract No. 294, Lot 38
414-01-004 1035 Shamrock Drive Tract No. 294, Lot 39
414-01-003 1025 Shamrock Drive Tract No. 294, Lot 40
414-01-002 1013 Shamrock Drive Tract No. 294, Lot 41

Page 1 of 2 ends

10.c
Packet Pg. 85
Attachment: Exhibit B - Vacation of Light and Air Easement (Vacation of Light and Air Building Setback Tract 294) Exhibit B - Vacation of Light and Air Easement
Assessor Parcel
Number Address Map Reference
414-01-066 1012 Shamrock Drive Tract No. 294, Portion of Lot 42 414-01-065 1034 Shamrock Drive Tract No. 294, Portion of Lot 42 414-01-064 1048 Shamrock Drive Tract No. 294, Lot 43 414-01-063 1058 Shamrock Drive Tract No. 294, Lot 44
414-01-062 1060 Shamrock Drive Tract No. 294, Lot 45
414-01-061 1070 Shamrock Drive Tract No. 294, Lot 46
414-01-060 1082 Shamrock Drive Tract No. 294, Lot 47
414-01-059 1102 Shamrock Drive Tract No. 294, Lot 48
414-01-058 1114 Shamrock Drive Tract No. 294, Lot 49
414-01-057 1128 Shamrock Drive Tract No. 294, Lot 50
414-01-056 1150 Shamrock Drive Tract No. 294, Lot 51
414-01-055 1162 Shamrock Drive Tract No. 294, Lot 52
414-01-054 1176 Shamrock Drive Tract No. 294, Lot 53
414-01-053 1206 Shamrock Drive Parcel Map 336 M 1, Parcel A (Originally Tract No. 294,
portion of Lot 54)
414-01-052 1236 Shamrock Drive Parcel Map 336 M 1, Parcel B (Originally Tract No. 294,
portion of Lots 54 & 55)
414-01-051 1179 Erin Way Tract No. 294, Portion of Lot
55 414-01-050 1153 Erin Way Tract No. 294, Lot 56
414-01-049 1141 Erin Way Tract No. 294, Lot 57
414-01-048 1133 Erin Way Tract No. 294, Lot 58
414-01-047 1123 Erin Way Tract No. 294, Lot 59
414-01-046 1113 Erin Way Tract No. 294, Lot 60
414-01-045 1101 Erin Way Tract No. 294, Lot 61
414-01-044 1091 Erin Way Tract No. 294, Lot 62
414-01-043 1079 Erin Way Tract No. 294, Lot 63
414-01-042 1067 Erin Way Tract No. 294, Lot 64
414-01-041 1055 Erin Way Tract No. 294, Lot 65
414-01-068 1047 Erin Way Tract No. 294, Lot 66 and
Portion of Lot 67
414-01-067 1035 Erin Way Tract No. 294, Portion of Lot
67 414-01-037 306 Curtner Avenue Tract No. 294, Lot 68
414-01-038 320 Curtner Avenue Tract No. 294, Lot 69

Page 2 of 2 ends

10.c
Packet Pg. 86
Attachment: Exhibit B - Vacation of Light and Air Easement (Vacation of Light and Air Building Setback Tract 294)

City
Council
Report

TITLE: Approval of the Vacation of a Public Easement Designated and Delineated as a 5 -Foot Walkway Easement Within Lot 6 of Tract Map No. 7229, Known as 1409 Harr iet Avenue, and Direct the City Clerk to Record the Resolution (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution Vacating the Public Easement designated and delineated as a 5 -foot walkway easement within Lot 6 of Tra ct Map No. 7229 recorded on August 24, 1981, in Book 494 Pages 12 and 13 of Official Records, Santa Clara County against a portion of the property known as 1409 Harriet Avenue; and Directing the City Clerk to record the resolution.

BACKGROUND

On June 8, 1981, and August 24, 1981, the City Council of the City of Campbell approved a Zone Change and Planned Development Permit (ZC81 -12) and, Tentative Map (TS81 -18) respectively, for a new six -lot residential development, in which the existing home (1409 Harri et Avenue) was retained, and five new homes were constructed on newly created lots around the new private street known as Harriet Court.

On December 21, 1981, the Final Map, Tract No. 7229 was recorded to include the dedication of a 5 -foot public walkway easement along the adjacent Harriet Court. Also approved at that time was a street improvement plan for the subdivision that included construction of the new public sidewalk (along the 5 -foot easement), but only along the northerly side of the new private street.

On February 16, 2021, the City Council approved a Major Modification (PLN -2020-85) to the previously approved Planned Development Permit (ZC81 -12) to allow construction of an approximately 426 square -foot single -story addition to an existing single-family residence at 1409 Harriet Avenue and a new 1,011 square -foot detached accessory dwelling unit. The permit conditions of approval included a requirement to vacate the 5-foot walkway easement on Lot 6 of Tract No. 7229 (1409 Harriet Avenue).

The existing structure’s side setback adjacent to Harriet Court is approximately 3 -foot from the edge of the sidewalk which conflicts with the 5-foot walkway easement.

DISCUSSION

Item: 11
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
11 Packet Pg. 87
Public Walkway Easement Vacation Page 2 of 3
This item is intended to eliminate the conflict by cleaning up an old easement tha t has never been utilized and is infeasible to accommodate without removing a portion of the existing structure at 1409 Harriet Avenue. While reviewing the Planning application (PLN-2020-85) for improvements to the property at 1409 Harriet Avenue, staff discovered that a public use easement for walkways (sidewalk) was dedicated with the original Tract Map No. 7229 (Exhibit A). This easement is shown along the Harriet Court frontage of all six (6) lots within the subdivision.

In reviewing the original str eet improvement plans for the subdivision, staff discovered that although an easement was taken around the entire cul -de-sac, sidewalk was only constructed along the frontage of the two northerly lots: Lot 1 and Lot 2. The remaining four lots, including L ot 6 (1409 Harriet Avenue), have never had sidewalk installed within the walkway easement. Further research indicates that given the location of the existing structure at 1409 Harriet Avenue, construction of new sidewalk is not feasible.

It is recommende d that the property at 1409 Harriet Avenue be relieved of this unnecessary easement.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ALTERNATIVES
Do not approve the vacation of the 5 -foot public easement for walkway and require the existing single -family residence to conform to the existing easement with any future construction that may alter northerly edge of the existing structures.

Prepared by:

Roger Storz, Senior Civil Engineer
Reviewed by:

Todd Capurso, Director of Public Works
11 Packet Pg. 88
Public Walkway Easement Vacation Page 3 of 3
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Exhibit A - Tract Map
11 Packet Pg. 89

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING THE PUBLIC EASEMENT DESIGNATED AND DELINEATED AS A 5-FOOT WALKWAY EASEMENT WITHIN LOT 6 OF TRACT MAP NO. 7229 , AND

DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION

WHEREAS, a public easement designated and delineated as 5-foot Walkway Easement on Tract Map No. 7229 w as recorded on December 21, 1981, in Book 494 Pages 12 and 13 of Official Records, Santa Clara County; and

WHEREAS, said easement has not been improved or utilized within Lot 6 of said subdivision, and it is the desire of the City of Campbell to remove this encumbrance from the subject property, commonly known as 1409 Harriet Avenue , Campbell, California 95008; and

WHEREAS, the easement vacation is to be made pursuant to Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Street and Highway Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the public easement designated and delineated as a 5-foot Walkway Easement within Lot 6 of Tract No. 7229 recorded in Book 494 Page 12 and 13 of Official Records, Santa Clara County, and directs the City Clerk to record the resolution.

PASSED AND ADOPTED this day of 2022 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

11.a
Packet Pg. 90
Attachment: Resolution (Public Walkway Easement Vacation)

11.b
Packet Pg. 91
Attachment: Exhibit A - Tract Map (Public Walkway Easement Vacation)

11.b
Packet Pg. 92
Attachment: Exhibit A - Tract Map (Public Walkway Easement Vacation)

City
Council
Report

TITLE: Approval of Consultant Agreement with Management Partners for Procurement Services, Dispensing of Bidding Requirements as Specified in Campbell Municipal C ode Section 3.20.030(4), and Associated Budget Adjustment (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to enter into a Consultant Agreement with Management Partners for procurement s ervices, dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4), and authorize the Finance Director to implement an associated budget adjustment.

BACKGROUND

Section 3.20 of the Campbell Municipal Code (CMC) details City Purchasing Procedures and is further clarified by City Council Policy Section 3 (Purchasing) and City Administrative Policy Section 1.8 (Purchasing Procedures and Payment Methods ).

Additionally, Section 3.20.020 of the CMC states that the City’s Purchasing Officer shall be the City Manager or his or her designee. Historically within the City, purchasing has been decentralized amongst all departments with some Purchasing Officer duties being assigned to the Deputy City Manager ; supported by the Administrative Analyst and the Executive Assistant within the City Manager’s Office as well as Accounts Payable (AP) staff within the Finance Department. With vacancies in the City Manager’s Office , the Finance Director has temporarily been assigned Purchasing Officer duties . Given experience supervising purchasing divisions for other public agencies , the Finance Director is using this time as an opportunity to assess the City’s purchasing processes, policies, systems, and resources to ensure they are efficient and effective.

DISCUSSION

Purchasing for public agencies (also commonly referred to as procurement) can be a highly complex field due to strict and detailed public agency code s and policies, federal grant guidelines, legal bidding requirements, and stat e Public Works project regulations which all seek to promote transparent and appropriate spending of public funds , fairness to vendors , process integrity, and fiscal prudence and security . To properly handle these important duties , while also ensur ing the efficient and effective procurement of vital and often time -sensitive services, supplies, and equipment needs, public agencies often establish a purchasing division with a full or part -time Purchasing Item: 12
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
12 Packet Pg. 93
Procurement Services - Management Partners Page 2 of 4
Officer, Buyers, and other support staff as necessary based on the size and complexity of the organization . For example, a full service city with a large population may have greater purchasing needs than a smaller city that contracts out services such as Police and Fire. And due to its fi duciary nature, purchasing is often a function of the Finance Department.

The City’s Finance Director again has experience supervising purchasing divisions for other public agencies and has been temporarily assigned as the City’s Purchasing Officer; performing basic core d uties and providing oversight . During this time, the Finance Director has noted that City purchasing polices and procedures are dated, not best practice, unclear, cause confusion amongst City departments, are inconsistent with other City policies relating to travel, training, and credit card usage, and may put City funds at risk in a federal grants or other audit. Upon cursory review, current City purchasing systems and processes may also be inefficient and ineffective, leading to delays in procuring vital and time -sensitive services, supplies, and equipment and perhaps not always for the most cost effective pricing. Thus, given these reasons as well as the importance and complexity of public agency purchasing, the Finance Director recommends that an outside consultant be hired to more fully assess the City’s policies, procedures, and systems, offer recommendations for revisions where necessary to bring into alignment with best practice, state and federal guidelines, and other related City policies, and perf orm a needs assessment to determine the appropriate staffing resources and structure to have an efficient and effective City purchasing function. With current vacancies within the City Manager’s Office , now is the ideal time to perform this assessment and program any recommended resource needs, if any, into Proposed FY 2023 budget requests. By starting as soon as possible, staff hopes to have the assessment largely done by the time the Proposed FY 2023 Budget is submitted to Council for review in May 2022 . The assessment will take several months to perform and require interviews of internal staff that play a role in City purchasing.

As such, s taff is recommending entering into a Consultant Agreement (Attachment B) with Management Partners to perform these duties. Management Partners and their lead project manager on this engagement, Pete Gonda, are ideally suited to perform these duties as the enclosed proposal ( Attachment C) details. Management Partners have helped 20 jurisdictions in five states s ince 2017 to review, analy ze, and improve their purchasing polices, procedure, and systems. Notable local clients include the Cities of Palo Alto and Milpitas. Additionally, Mr. Gonda is a retired public sector official with over 20 years’ experience in m unicipal government having worked in Sunnyvale’s Department of Public Safety, the City of San Jose’s Office of Economic Development, and the City of Saratoga’s City Manager’s Office . He is also a Certified Public Procurement Officer (CPPO ) with the Califor nia Association of Public Procurement Officials ( CAPPO) and his career had an emphasis on analytics, budgeting, procurement management, contracts and performance measurement. Mr. Gonda is a recognized and respected leader in the public sector procurement field and a person that others often seek out for advice and best practices.

12 Packet Pg. 94
Procurement Services - Management Partners Page 3 of 4
Furthermore, staff recommends that the City approve the enclosed resolution (Attachment A ) and dispense with bidding requirements under Section 3.20.30( 4) of the CMC which states that bidding requirements may be dispense d with when “the City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and compe tent to perform the special services required .” Management Partners and Mr. Gonda are providing financial consulting services and are ideally suited to this work. They are the leaders in their field and staff is not aware of other vendors who bring as much experience, skill, and positive client accolades.

Lastly, as shown in Attachment B, staff is proposing that the City Manager be authorized to execute a one -year Consultant Services Agreement with Management Partners for an amount not to exceed $89,000. Within this total amount, $61,000 is the primary fee to fully assess the City’s policies, procedures, and systems, offer recommendations for revisions, and perform a needs assessment . $28,000 is for as needed technical support and advice to City staff du ring the Finance Director’s temporary Purchasing Officer assignment at an hourly rate and may or may not be fully used over the course of the engagement. To fund this added cost, staff recommends a budget adjustment (Attachment D) to shift salary savings r ealized from the vacant Assistant City Manager and Administrative Analyst positions to the Professional and Special Services account within the City Manager’s Office and Budget Unit 101.510.

The Assistant City Manager position was originally planned to be hired by September 1, 2021 and should have approximately 5 months or $106,800 of additional salary savings over what was planned once hired. The Administrative Analyst position was an unplanned vacancy and should have approximately 4.5 months or $62,000 of salary savings once hired. These savings , totaling $168,800, are sufficient to fully support the consultant agreement with Management Partners and are justifiable and reasonable given a significant portion of the former Deputy City Manager (reclassified to Assistant City Manager) and Administrative Analyst position s duties were purchasing related.

There are also other costs related to the recruitment of Assistant City Manager, but those expenses can also be fully supported by remaining salary savings aft er the agreement currently before Council; with a related budget adjustment for an executive search firm to be presented in the mid-year financial report.

FISCAL IMPACT

The total cost of a consultant services agreement with Management Partners will be in an amount not to exceed $89,000. These costs however will be fully offset by salary savings and thus, there is no negative impact to the General Fund. Furthermore, an intended outcome of th e consulting engagement is for the City to reduce time and expense through more effective, efficient, and fiscally strong purchasing policies, procedures, and systems. This will be a long -term benefit to the City for an upfront cost that is fully paid for within existing FY 2022 budgetary appropriations.

ALTERNATIVES

12 Packet Pg. 95
Procurement Services - Management Partners Page 4 of 4

1. Do not enter in to a consultant agreement for procurement services at this time and instead wait to include in the FY 2023 Budget.

2. Do not enter into a consultant agreement and instead perform any assessments of procurement policies, procedures, and systems internally.

3. Provide staff with other direction.

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Draft Consultant Services Agreement - Management Partners c. Management Partners Purchasing Assessment Proposal
d. Request for Budget Adjustment Form (Exhibit A to Resolution) 12 Packet Pg. 96
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT

WITH MANAGEMENT PARTNERS TO PROVIDE PROCUREMENT SERVICES AND

DISPENSE WITH THE BIDDING PROCEDURES SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.0 30(4) AND FOR THE FINANCE DIRECTOR TO IMPLEMENT A BUDGET ADJUSTMENT TO MOVE $89,000 IN SALARY SAVINGS FROM THE CITY MANAGER’S OFFIC E TO THE PROFESSIONAL AND SPE CIAL

SERVICES ACCOUNT

WHEREAS, Section 3.20 of the of the Campbell Municipal Code (CMC) details City Purchasing Procedures and is further clarified by City Council Policy Section 3 (Purchasing) and Cit y Administrative Policy Section 1.8 (Purchasing Procedures and Payment Methods); and

WHEREAS, Section 3.20 of the Campbell Municipal Code (CMC) details City Purchasing Procedures and is further clarified by City Council Policy Section 3 (Purchasing) and City Administrative Policy Section 1.8 (Purchasing Procedures and Payment Methods); and
WHEREAS, historically within the City of Campbell, purchasing has been decentralized amongst all City departments with some Purchasing Officer duties being assigned to the Deputy City Manager; supported by the Administrative Analyst and the Executive Assistant within the City Manager’s Office as well as Accounts Payable (AP) staff within the Finance Department; and
WHEREAS, with the retirement of the f ormer Deputy City Manager in April 2020, the reclassification of the Deputy City Manager position to an Assistant City Manager position in Fiscal Year (FY) 2022 (yet to be filed), and the recent departure of the Administrative Analyst in October 2021, the Finance Director has temporarily assumed core Purchasing Officer duties; and
WHEREAS, the Finance Director has experience supervising purchasing divisions for other public agencies, but is not an expert in the field and recommends obtaining a qualified co nsultant to fully assess the City’s policies, procedures, and systems, offer recommendations for revisions where necessary, and perform a needs assessment to determine the appropriate staffing resources and structure; and WHEREAS, Management Partners and their lead Project Manager Pete Gonda are ideally suited to perform these duties; and
WHEREAS, the purchasing procedures outlined in the City’s Municipal Code (CMC) Section 3.20.030(4) state that bidding requirements may be dispensed with when “the City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required”; and

12.a
Packet Pg. 97
Attachment: Resolution (Procurement Services - Management Partners) WHEREAS, approval of the attached Request for Budget Adjustment form shown as Exhibit A to this resolution is necessary to support the proposed program expenditures.

THEREFORE BE IT RESOLVED , that the City Manager is authorized to execute a Consultant Services Agreement with Management Partners for purchasing services and dispense with the bidding procedures specified in Campbell Municipal Code Section

3.20.030(4); and the Finance Director is authorized to initiate a budget adjustment to move $89,000 in salary savings to the professional and special services account in the City Manager’s Office in Fiscal Year 2022.

PASSED AND ADOPTED this day of_________ , 2022 by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers

APPROVED:

___________________________
Paul Resnikoff, Mayor

ATTEST:

____________________________
Dusty Christopherson, City Clerk

12.a
Packet Pg. 98
Attachment: Resolution (Procurement Services - Management Partners) -1-

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the 19th day of January, 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and Management Partners (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of reviewing subdivision maps and assigned as City Surveyor for said maps; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said reviews and City Surveyor assignment;

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services a s set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.

1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consul tant shall be Pe te Gonda . The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator . The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other mat ters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as office rs or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific stan dards consistent with the requirements of this Agr eement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contract or hereunder. Consultant represents and warrants that it (i) i s fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold ha rmless the City, its office rs, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit mut ually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and execu ted by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furn ish to Consultant all available and pertinent data and information requested by Consultant to facilitate the prepa ration of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City prompt written notice of any known or discovered defects in such data and information.

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2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized t o act in its behalf.

2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the full performance o f the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $89,000, as follows:

Part A: Fee for Purchasing System Assessment, will be billed a fixed amount not to exceed $61,000 as activities in the Exhibit A are completed. Each invoice shall describe the services completed.

Part B: Fee for As-Needed Professional Advice, will be billed on an hourly basis in an amount not to exceed $28,000.
a. Once each month, Consultant s hall submit for payment by City, an invoi ce for services performed during the previous billing period. The invoice shall des cribe the services ren dered and t he title of the item of wo rk, and shall list labor hours by personnel classification. Sa id invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in a ccordance with the f ee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City , subject to the maximum not to exceed amount specified above and the City’s right to object. b. Direct costs are those outside costs i ncurred on or directly for the project, and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not speci fically covered by the terms of this Agr eement, but which are nec essary for performance of Consultant’s duties, Cit y may approve payment for said costs if authorized in writing by the City in advance.

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3.3 City may order chang es in the scope or character o f services in writing, including decreasing the amount of Consult ant’s services. In the event that the work is decr eased, Consultant is entitled to full compensation for all services performed and ex penses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change t o the work or services from that specified i n this Agreement is required, the contract time and/or actual costs reimbursab le by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compe nsation) shall not be exceeded, unless authorized by written cont ract amendment or change order, approved and execu ted by the City. Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such f ee schedule. O nly City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

3.4 In no event, will the Consultant be reimbursed for any cos ts or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

3.5 Consult ant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assume d by Consultant under this Agreement. Where conflicts reg arding compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultan t shal l be responsible to City f or the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultan t shall req uire and veri fy that all subcontractors maintain insu rance meeting all of the requirements stated herein, including naming the City of Campbell , its officers, officials, directors, agents representatives, volunte ers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be ex pected to immedia tely cancel t he subcontract.

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5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any project-related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 30 calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the p urpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accor dance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

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the Agreement. City may withhold a ny payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termin ation, Consultant will have no further cl aims against the City unde r the Agreement. No other compensation will be payab le for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all d ata and records relating to its performance under this Ag reement for a period of three years fo llowing acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, col or, sex, national origin, handicap, s exual orientation, marital status , medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other consideration made unlawful by local, State or Feder al law, of any employe e of, or applicant for employment w ith, such Consultant or subc ontractor.

City requires Consultant to
comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:

a. That in the event one or more de fendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shal l meet and confer with the other pa rties regarding unpaid defense costs in good faith effort to agree on the allocat ion of those costs amongst the parties; and

b. Where a project -specific general liability policy i nsures all pr oject participants for general liability exp osures on a pri mary basis and also covers all design professionals for their legal liability aris ing out of their professional services on a primary basis, then there shall be no limitation on the d esign professional's duty to provide a defense and cover t he City's cos t of defense.

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With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City ) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law fr om and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including att orneys’ f ees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or al leged to have been cau sed by or arise out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or l iabilities proximately caused by the sole n egligence or will ful misconduct of City . City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of Cal ifornia; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The defense and indemnity provisions obligations of this Agree ment are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemnity pr ovisions are intended to fully allocate the parties’ risk of liab ility to third-parties; and there s hall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintai n insura nce conforming to the follo wing specifications to the fullest amount allowed by law for a minimum of three ( 3) years following the termination or completion of this Agreement:

A. Types of Coverage
The policies shall afford the following types of coverage:

1. Commercia l General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.

C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. Ge neral Liabil ity: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other for m with a general aggregate limit is used, either the gener al aggr egate li mit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single li mit per accident for bodily injury and property damage.

3. Workers’ Compe nsation and Em ployer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.

The Worker’s Compensation
policy must be endor sed with a waiver of s ubrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insuranc e required in this Agreement may be satisfie d by a combinat ion of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the b enefit of City (as agr eed to in thi s Agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

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City, its agents, officers, attorneys, employees, of ficials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses r elated to investigations, claim administration, an d defense expenses. Policies containing any self -insured retention provision shall provide or be endorsed to pr ovide that the self -insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, of ficers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consul tant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant . It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the sp ecified minimum insu rance coverag e requirements and/or limits set forth in this Agreement sha ll be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum covera ge limits specified in this Agreement, or (2 ) the broader coverage and maximum limits of coverage of any insurance pol icy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be primary insuranc e as respects the City, its age nts, officers , attorneys, employees, officials and volunteers. Any insura nce or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the pol icies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insuran ce shall ap ply s eparately to eac h insured against whom claim is made or suit is brought except with respe ct to the limits of the insurer's liability.

2. W orkers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, i ts agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

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by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior wr itten notice by regular mail has be en given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in covera ge during the t erm of this A greement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors
Consultant agrees that any and all cont racts with su bcontractors for performance of any matter under this Agreement shall require the subcontractors to compl y with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as t he Consultant is bound to City under this Agreeme nt.

Subcontractors shall further agree to include these same provisions with any sub-subcontractor.

A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require al l subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will prov ide proof of compliance to the City.

H. Acceptability of Insurers
Without limiting Consultant' s indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person a uthorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by t he Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prio r experience, i nsurer, coverage, or other special circumstances and provide notice to Consultant.

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10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.

10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of servic es pur suant to this Agreement.

10.4 N either party’s waiver of any term, condit ion or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement betw een City and Consultant relating to the project an d the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expre ssly set f orth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent ju risdiction t o be invalid, void, or unenforce able, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a one (1) year period, unless terminated sooner in accordance wi th the contract. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or p articipating in activities that conf lict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement . Consultant sh all not make or participate in making or in any way atte mpt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financ ial in terest other than t he compensati on promised by this Agreement.

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Consultant wi ll immediately a dvise the City if Consultant learns of a financial interes t of Consultant's during the term of this Agreement.

10.11 City is a public agency subject to the di sclosure requirements of the Californi a Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, C onsultant m ust clearly ma rk such infor mation “Confidentia l and Proprietary,” and identify the speci fic lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exemp t from the CPRA a nd wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa C lara County before the Ci ty is required to respond to the CPRA request. If C onsultant fails to obtain such remedy w ithin the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it sh all defend, i ndemnify and hold City harml ess against any c laim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information ari sing from any representation, or any action (or inaction), by the Consultant.

10.12 Neither par ty hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural di saster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall gi ve notice promptly to the other of the natur e and extent of any Force Majeure claimed to delay, hinder or prevent perfo rmance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and wi ll, upon the cessation of the ca use, diligently pursue performance of its obligations in t his Agreement. In the event either party is prevented or delayed in the perfo rmance of its respective obligation by reason of such Force Majeure, there may be an equi table adjustment of the schedule and Consultant com pensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capa city whatsoever as an age nt. Consultant sha ll have no authority, express or implied, pursuant to this A greement to bind City to any obligation whatsoever.

10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

10.15 Each party acknowledges that it has reviewed th is Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their

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respective representatives, agents, successors and assi gns to comply w ith the provisions of this Agreement.

10.17 This Agreem ent is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained i n a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy o f a party’s sign ature shall be accepted and valid as an original.

11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Cam pbell
Attention: Will Fuentes
70 North First Street
Campbell, CA 95008

CONSULTANT: Management Partners
A ttention: Pete Gonda
2107 North First Street, Suite 470
San Jose, CA 95131

[SIGNATURES ON FOLLOWING PAGE]

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Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT

/s/__________________________________

Name_Jerry Newfarmer

Title_President and CEO _______________

CITY OF CAMPBELL

/s/__________________________________

Name_Brian Loventhal_________________

Title_City Manager ___________________

Approved as to Form

/s/__________________________________
City Attorney

Name_William Seligmann ______________

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Exhibit A - Scope of Services and Fees

For detailed Scope of Services, please see pages 2 to 5 of attached Consultant proposal dated October 29, 2021 and incorporated by reference into this agreement.

Consultant fees are outlined for both Part A and Part B below. Part A w ill be on a fixed fee basis and Part B on an hourly basis.

Part A: Fee for Purchasing System Assessment
Consultant will complete the plan of work described in attached proposal dated October 29, 2021 for Activities 1 through 5 working remotely, unless an onsite presence is needed and permitted by public -health guidelines related to the pandemic. The cost of this project for A ctivities 1 through 5 is $37,500, which includes all fees and expenses. Opti onal activities A and B are separately priced in the table below and would add $23,500 for a total project cost of $61,000.

Activity Amount
Activities 1 through 5 $37,500
Optional Activity A – Analyze Purchasing Transactions $12,000 Optional Activity B – Prepare Process Maps $11,500
TOTAL WITH OPTIONAL ACTIVITIES $61,000

Part B: Fee for As-Needed Professional Advice
Consultant proposes an initial not- to-exceed contract in the amount of $28,000. During this engagement, the actual Consultant hours will be paid by the City of Campbell at a rate of $170 per hour plus mileage for lead consultant Pete Gonda. This is a discounted rate for Pete Gonda in recognition of the anticipated length of the engagement. Other consultants will be provided at their regular hourly rates plus travel expenses, ranging from $90 to $240 per hour depending on the individual assigned to the project. The following table indicates the hourly rates for the individuals listed in this proposal and for other associates in the Consultant’s firm:

Consultant Hourly Rate
Vice President/Senior Partner $240
Partner $220
Special Advisor* $210*
Senior Manager $190
Senior Management Analyst $130
Management Analyst $90
*Discounted to $170 for Pete Gonda for this engagement.

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1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949 222 1082 • FAX 408 453 6191 October 29, 2021

Mr. Will Fuentes
Finance Director
City of Campbell
70 North First Street
Campbell, CA 95008

Dear Mr. Fuentes:

We are pleased to provide this proposal as a follow-up to your recent conversation with Pete Gonda regarding an assessment of the City’s purchasing policies and procedures. It is our understanding that leaders in Campbell would like to conduct a best practice review of the City’s decentralized purchasing function to ensure that:

▪ Decentralized purchasing practices are being conducted in accordance with established policies and procedures,
▪ The purchasing function is optimally structured and appropriately staffed, ▪ Policies and procedures reflect best practices, and
▪ Purchasing workflow processes are optimized for efficiency and effectiveness.

It is also our understanding that you may need on-call assistance to review specific procurement requests or issues that routinely arise and recommend actions for them. To address both areas, we have prepared a two-part proposal that includes a fixed fee portion for the assessment of purchasing policies and procedures and a not-to-exceed amount for as-needed expert advice. We have the capacity, experience and skills necessary to address these needs and would be happy to do so.

Understanding of the Engagement
The City of Campbell has a decentralized purchasing system whereby departments are responsible for conducting their own procurement processes in accordance with established policies and procedures.

The Finance Department does not have a purchasing division and essentially performs compliance reviews of departments’ purchase requests after procurement processes are conducted. Due to recent retirements, the Finance Director is the main fiduciary employee conducting purchasing compliance reviews, which will be addressed over the next several months while recruitments are completed.

The Municipal Code establishes the City Manager as the Purchasing Officer, who may in turn formally designate another staff person to perform the role. Currently, the position classification of Purchasing Officer does not exist in the City, nor are there classifications for purchasing staff such as buyers or procurement specialists. City leaders desire an objective evaluation of the current structure to determine whether the addition of a procurement-related position is necessary.

While some of the City’s purchasing policies have been recently updated, these updates were mainly associated with public works construction bidding. There is a general sense that a broader review is necessary to ensure the citywide decentralized purchasing system is operating efficiently and effectively in accordance with best industry practices and lawful requirements.

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Plan of Work
We have outlined a two-part plan of work and each is described below.

▪ Part A: Proposed Plan of Work for Purchasing System Assessment ▪ Part B: Proposed Scope of Services for As-Needed Professional Advice Part A: Proposed Plan of Work for Purchasing System Assessment Based on our experience and understanding of the needs of the City of Campbell, we have prepared a plan of work to evaluate the City’s purchasing function and identify opportunities for improvement.

Activity 1 – Start Project
Management Partners will begin the project by meeting with you, the assigned project manager and other appropriate staff. The project start-up activity forms the foundation of the relationship between Management Partners’ team and the City. During this initial meeting, we will confirm project deliverables and due dates to ensure the project is completed on time and on budget and that our proposed scope of work is aligned precisely to meet your goals. We expect the meeting and associated work will take place virtually.

We understand that the work associated with this review is in addition to the normal work of the organization. Our goal is to integrate our activities in a manner that is thoughtful and minimizes disruption to City staff.

Activity 2 – Gather Information
Next, we will gather information by reviewing a variety of documents, collecting and analyzing purchasing workload and workflow information, and conducting interviews. Each is described below. We expect the interviews to be conducted virtually, unless an onsite presence is desired and permitted by public-health guidelines related to the pandemic.

▪ Request information. We will ask your team for a variety of documents, including the following:
• Organization charts (including those that identify purchasing oversight/support functions, if available);
• Existing Administrative Policies guiding the purchasing process; • Workflow diagrams and standard department operating procedures for initiating and completing purchasing processes;
• Standard bidding and contract templates and other procurement forms; • Procurement card usage information;
• Lists of blanket or other purchase orders, cooperative purchasing agreements and other procurement contracts; and
• Other information such as management letters or findings regarding purchasing system usage.

Based on our initial review, additional documentation may be requested.

▪ Conduct interviews. We will conduct up to 12 interviews, which will include staff members who are performing purchasing policy compliance reviews in the Finance Department and key staff members throughout the organization who process purchasing requests and department heads.

The goal is to hear their insights about the City’s purchasing system and processes. Staff interviews are beneficial in gaining an understanding of internal and external workflow, communications, and the use of technology, as well as strengths, weaknesses and opportunities to improve processes. Our questions will focus on the following:
• Strengths, weaknesses and opportunities to improve the processes;

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• Current performance of purchasing processes;
• Observations about staffing and roles; and
• Interrelationships of various disciplines and activities in the workflow.

▪ Conduct follow-up interviews. We will conduct up to four follow-up interviews based on the information learned during the initial interviews.

Activity 3 – Conduct Organizational and Process Analysis Next, we will conduct our analysis, utilizing the information previously gathered, including the following tasks.

▪ Conduct best practices review. We will identify best purchasing practices for a decentralized environment.
▪ Assess staffing and roles. Based on key learnings from Activity 2, we will evaluate roles, responsibilities and workload duties associated with purchasing and assess the need for a purchasing agent and/or other purchasing staff.
▪ Review policies and procedures. We will review existing policies and procedures to ensure they are optimally balanced for integrity and efficiency, including:
• Reviewing current bidding and contract award thresholds and determining whether changes are appropriate.
• Evaluating department procedures for conducting formal and informal bids/proposals in compliance with purchasing policies.
• Assessing the extent to which Campbell is using procurement efficiency tools such as cooperative purchasing arrangements, blanket purchase orders, managed inventories, procurement cards, etc.
• Identifying any manual and paper-based processes that could be automated to gain efficiencies for purchasing customers and Finance staff. • Recommending Municipal Code and Administrative Policy updates based on best practices.
• Ensuring that purchasing policies are compliant with state and federal laws governing prevailing wage compliance and grant requirements, respectively. ▪ Evaluate procedures for establishing written agreements. This will include assessing roles and responsibilities associated with drafting, negotiating, awarding and executing contracts. ▪ Review templates for Citywide use. This includes reviewing templates currently in use, identifying where staff are not using standard purchasing templates, and recommending potential improvements.

By the conclusion of this analysis, we will have a good understanding of the organizational and functional improvements that could be made to improve the efficiency and customer service and efficiency of the purchasing operation.

Activity 4 – Report Results
Using the information gathered during the previous activities, we will develop a slide deck of observations and preliminary recommendations for organizational and process changes, with the following goals:

▪ Optimize the decentralized Citywide purchasing system, with recommendations for policy and procedural changes in accordance with best practices.
▪ Improve overall procurement process consistency, efficiency, and effectiveness. ▪ Provide for effective use of best practice processes and tools, including technology.

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▪ Mitigate elements of procurement risk.
▪ Identify appropriate levels of procurement and contract award authority. ▪ Identify resources needed to meet the demands of Campbell’s decentralized purchasing system.

Our team will review our recommendations with you and others as you designate.

Based on this input, we will prepare a report containing our analysis and recommendations. We will provide a draft report for your review. Upon receiving feedback on the draft, we will finalize the report.

This work will likely be conducted virtually.

Activity 5 – Support Implementation
Management Partners has a strong bias for action. Our reports and resulting recommendations become tools for setting priorities, and for developing work plans. After completing the report described above, we will prepare a draft Implementation Action Plan incorporating each recommendation from the report. The draft action plan sets forth the steps required for implementation, assigns responsibility for action, and suggests a priority level (immediate, near, or long term) for each recommendation.

The action plan is prepared as a draft and becomes final once you and your staff work with Management Partners to integrate the action steps into the work plan and develops dates for planned completion.

The action plan offers an important management tool for actual implementation of the work reflected in the project report.

Optional Activity A – Analyze Purchasing Transactions
Data analysis can be an effective way to make fact-based decisions that can result in policy and/or procedural improvements. Using data provided in Excel format by the City, we will analyze purchasing transactions made through various procurement methods/transaction types (purchasing cards, purchase orders, blanket purchase orders and direct invoice payment requests) to look for spending patterns that may indicate inefficiencies or areas of non-compliance with policies and procedures.

We will prepare a summary of the results of our analysis and share that information with you.

Conclusions made through the data analysis will be incorporated into our observations and preliminary recommendations.

It is important to note that for us to complete this optional task in a meaningful way and for the cost proposed below, we will need to receive “clean” data from the City in Excel format. We are anticipating that the data will not require a significant level of effort on our part to categorize/characterize, correct data entry errors, correct/verify transaction descriptions, etc.

Optional Activity B – Prepare Process Maps
The use of visual process maps is an effective way to guide staff members when they perform key business processes. If this optional activity is desired, we will develop process maps that identify each step, which staff members are responsible for each, and where internal controls are in place. The maps will help identify where there are delays, opportunities for streamlining, changes in roles that would be helpful, and other improvements.

We will work collaboratively with you to determine which key business processes to map. We recognize that process mapping adds time and effort but we have found it to be an excellent way to identify improvement opportunities and to build support for implementation of improvements. This approach ensures thorough consideration of key elements of purchasing functions.

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If this activity is included, we will:

▪ Clarify organizational roles and responsibilities,
▪ Compare existing procedural steps with best practices, ▪ Evaluate opportunities to improve efficiency, and
▪ Develop and finalize the process maps.

Part B: Proposed Scope of Services for As-Needed Professional Advice Should you require as-needed professional advice, the following scope of work describes the expert consulting services that we offer.

▪ Provide special advisor services on complex procurement and solicitation processes, and other technical aspects of public purchasing;
▪ Evaluate purchasing requests for compliance with policies, procedures, and best practices, and recommend appropriate courses of action; and
▪ Provide other expert purchasing consulting assistance as may be defined.

Management Partners will provide periodic reports to the City of Campbell summarizing the as-needed consulting assistance our firm has provided.

Our Team
Our core team of associates assigned to this project all possess relevant experience, including many years of public service and consulting expertise. Jan Perkins will serve as project manager, with support from Pete Gonda and Sydney Bannister. The qualifications of each team member are briefly summarized below. We will not use subcontractors on this project. If the City desires services under Part B, Pete Gonda will be the primary associate providing services.

Jan Perkins, Vice President
▪ Provides assistance to government leaders in organizational analysis, leadership development, facilitation, strategic planning, teambuilding, executive performance evaluation, and policy board/staff effectiveness. ▪ 30 years of management experience in local government. ▪ Before joining Management Partners in 2005, served in several California and Michigan jurisdictions, including as city manager in Fremont and Morgan Hill, California.
▪ Also served the cities of Santa Ana, California; Grand Rapids, Michigan; and Adrian, Michigan.
▪ Consulting clients include the counties of Monterey, Orange, Santa Barbara and Ventura; the California cities of Anaheim, Stockton, Santa Clara, Fremont, Union City, Seal Beach, Beverly Hills, El Segundo, Victorville, Pasadena, Tustin, Pleasanton, Garden Grove, Santa Ana, Laguna Beach, Newport Beach, Orange, Huntington Beach, Del Mar, Encinitas, Fullerton, Santa Maria, Martinez, Vallejo, Concord, Hayward, Indian Wells, and San Jose; Dallas, Texas; and Reno and Las Vegas, Nevada.
▪ Frequent speaker at professional conferences and has received awards from professional and civic associations.
▪ Honored by ICMA with its Distinguished Service Award in 2016. ▪ Author of a number of articles on leadership, executive performance evaluation, ethics and successful hiring strategies.

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▪ Completed the Program for Senior Executives in State and Local Government from Harvard University and is an ICMA Credentialed Manager.

Pete Gonda, Special Advisor
▪ More than 20 years of experience in municipal government, with an emphasis on analytics, budgeting, procurement management, contracts and performance measurement.
▪ Holds professional procurement certification (Certified Public Procurement Officer (CPPO))
▪ Served as purchasing officer for the City of Sunnyvale, California for nine years, where he managed an award-winning centralized purchasing division with $42 million in annual operational spending. Bid and awarded $80 million in capital projects under a federally funded local economic stimulus program at a 30% savings and implemented continuous process improvements for a variety of services. ▪ Served as a senior management analyst in Sunnyvale’s Finance Department, where his responsibilities included intergovernmental relations, policy analysis and revenue/expense management, including cost of service studies and related activities. ▪ Also worked in Sunnyvale’s Department of Public Safety, the City of San Jose’s Office of Economic Development, and the City of Saratoga’s City Manager’s Office. ▪ Since joining Management Partners in 2017, Pete has assisted 20 jurisdictions in 5 states to improve their procurement functions. Additionally, Pete has assisted with many engagements including finance and public works department assessments; budget and funding analyses/strategies; citywide innovation and efficiency studies; strategic planning sessions; and homelessness operational plans.
▪ Developed/conducted requests for proposals processes for various clients’ land use studies, engineering design services, and operational outsourcing.

Sydney Bannister, Management Analyst
▪ Began working in local government at the age of 16, starting as an umpire with the Manhattan, Kansas, Parks and Recreation Department. ▪ Local government experience includes increasingly responsible roles in the Kansas jurisdictions of Manhattan and Olathe, the League of Kansas Municipalities, and Kansas City, Missouri.
▪ Expertise in creating and implementing ordinances; participating in budget preparation, submission, and adoption; managing projects, and providing best practices reviews.
▪ Holds bachelor’s and master’s degrees in public administration with a focus in city and county management. Additional undergraduate degrees in leadership studies as well as law and society.

Fee Proposal
We have outlined our fees for both Part A and Part B below. Part A will be on a fixed fee basis and Part B on an hourly basis.

Part A: Fee for Purchasing System Assessment
We will complete the plan of work described above for Activities 1 through 5 working remotely, unless an onsite presence is needed and permitted by public-health guidelines related to the pandemic. The cost of this project for activities 1 through 5 is $37,500, which includes all fees and expenses. Optional activities A and B are separately priced in the table below and would add $23,500 for a total project cost

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of $61,000. The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.

Part B: Fee for As-Needed Professional Advice
We propose an initial not-to-exceed contract in the amount of $28,000. During this engagement, the actual consultant hours will be paid by the City of Campbell at a rate of $170 per hour plus mileage for our lead consultant Pete Gonda. This is a discounted rate for Pete Gonda in recognition of the anticipated length of the engagement. Other consultants will be provided at their regular hourly rates plus travel expenses, ranging from $90 to $240 per hour depending on the individual assigned to the project. The following table indicates the hourly rates for the individuals listed in this proposal and for other associates in the firm.

Consultant Hourly Rate
Vice President/Senior Partner $240
Partner $220
Special Advisor $210*
Senior Manager $190
Senior Management Analyst $130
Management Analyst $90
*Discounted to $170 for Pete Gonda for this engagement.

Conclusion
We look forward to working with you to improve this critical City function. Please let me know if we can provide any additional information. Please feel free to contact either Jan Perkins (949-202-8870) or me if you have any questions about this proposal.

Sincerely,

Jerry Newfarmer
President and CEO

Accepted for the City of Campbell by:

Name: _________________________________________

Title: _________________________________________

Date: _________________________________________
Is Optional Activity A (Analyze Purchasing Transactions) included for a cost of $12,000? YES [ ] NO [ ] Is Optional Activity B (Prepare Process Maps) included for a cost of $11,500 YES [ ] NO [ ] Is Part B (Fee for As-Needed Professional Advice) included for a not-to-exceed fee of $28,000? YES [ ] NO [ ]

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Attachment: Management Partners Purchasing Assessment Proposal (Procurement Services - Management Partners) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

January 18, 2022 BA-9
Budget to be Reduced
Fund/Program Account Number Description Amount
101.510 7011 Regular Pay (89,000)$
Budget to be Increased
Fund/Program Account Number Description
101.51 7430 Professional and Special Services 89,000$
REASON FOR REQUEST - BE SPECIFIC:

Finance Director City Manager
City Manager
Will Fuentes Brian Loventhal
Salary savings from vacant Assistant City Manager and Admininstrative Analyst positions to support purchasing services consultant agreement with Management Partners.

City Manager Admin (101.510)

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Attachment: Request for Budget Adjustment Form (Exhibit A to Resolution) (Procurement Services - Management Partners)

City
Council
Report

TITLE: Resolution Commending Officer Darwin Okamoto Upon His Retirement After 25 Years of Service to the City of Campbell (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution commending Officer Darwin Okamoto upon his retirement after 25 years of service to the City of Campbell.

BACKGROUND

Officer Okamoto began his employment with the City of Campbell in January 1997.

During h is time with the Police Department, Officer Okamoto has served in many specialty assignments, including serving as the Field Training Officer, Range Master, Armorer, Defensive Tactics Instructor, Taser Instructor, and as a Sniper attached to the SWAT team.

Officer Okamoto joined the SWAT team in August of 2002 and served as a SWAT team member and Sniper until his retirement. Officer Okamoto has also served as a department Armorer and Range Master, ensuring that the department's firearms were in a serviceab le condition and that officers were proficient with their firearms. Officer Okamoto's 19 years of service to the SWAT team should be commended.

Officer Okamoto's contributions to the department and the relationships he developed within the community have been an asset to this department and the City.

DISCUSSION

Given Officer Okamoto’s contributions over the years, it would be appropriate for the City Council to adopt a Resolution commending him for his outstanding service to the Campbell Police Department.

FISCAL IMPACT

There is no fiscal impact to the City.

Item: 13
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
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Resolution Recognizing Ofc. Okamoto's Retirement Page 2 of 2 Prepared by:

Ian White, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Officer Okamoto's Retirement Resolution
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RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL COMMENDING OFFICER DARWIN OKAMOTO ON HIS 25 YEARS OF SERVICE TO THE CITY OF CAMPBELL WHEREAS, Officer Okamoto first became a Police Officer in January of 1997 and prior to his retirement assigned to the Patrol Division; and
WHEREAS, Officer Okamoto has served as a general crimes detective and many specialt y assignments including Field Training Officer, Range Master, Armorer, Defensive Tactics Instructor, Taser Instructor and as a Sniper attached to the SWAT team; and WHEREAS, Officer Okamoto has honorably served as a member of the Special Weapons and Tactics (SWAT) Team for 19 years; and
WHEREAS, Officer Okamoto has always had a commitment to providing excellent service to the Campbell community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell recognizes and commends Officer Darwin Okamoto upon his retirement from the City of Campbell after 25 years of service.

PASSED AND ADOPTED this 18th day of January 2022, by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
________________________
Paul Resnikoff, Mayor
ATTEST:
____________________________________
Dusty Christopherson, City Clerk

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Attachment: Officer Okamoto's Retirement Resolution (Resolution Recognizing Ofc. Okamoto's Retirement)

City
Council
Report

TITLE: Resolution Commending Corinne Shinn Upon Her Retirement After 28 Years of Service with the City of Campbell (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution commending Corinne Shinn for 28 years of outstanding service to the City of Campbell.

DISCUSSION

Corinne Shinn began her career with the City of Campbell as an Executive Assistant in the Community Development Department on July 26, 1993.

Throughout her career with the City, Corinne has provided ongoing administrative support to the Community Development Department and faithfully supported seven Community Development Directors.

Corinne has consistently support ed the City’s Planning Commission, Historic Preservation Board, and other various City Commissions and Committees through ongoing clerking support, including the preparation of agendas, reports, and meeting minutes.

Corinne’s exemplary service as a Planning Commission clerk in providing support to the Planning Commission members and providing detailed and comprehensive meeting minutes, including attending over 650 meetings, has been consistently recognized during her career with the City of Campbell.

Corinne was instrumental in facilitating the transition to a paperless Planning Division office through continuous digitizing of old paper documents, oversight of microfiche scanning projects, and the implementation of fully electronic administrative functions.

Corinne has consistently focused on providing quality customer service to all permit applicants and members of the Campbell community . Corinne is a respected colleague to all Campbell employees that have worked with her throughout her career.

Corinne Shinn retired from the City of Campbell on December 31, 202 1. It is now appropriate for the City to recognize Corinne for her 28 years of dedicated, professional, Item: 14
Category: CONSENT CALENDAR
Meeting Date: January 18, 2022
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Corinne Shinn Retirement Commendation Page 2 of 2
and valuab le service to the Campbell commun ity and fo r the Ci ty Council to adopt a resolution commending her service to the City.

FISCAL IMPACT
There is no fiscal impact associated with this item.

Reviewed by:

Rob Eastwood, Community
Develop
ment Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Corinne Shinn council retirement reso jan 2022
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL COMMENDING CORINNE SHINN UPON HER RETIREMENT AFTER 28 YEARS OF

SERVICE TO THE CITY OF CAMPBELL

WHEREAS, Corinne Shinn began her career with t he City of Cam pbell on July 26, 1993 as an Executive Assistant in the Community Development Department; and

WHEREAS, Corinne has provided ongoing administrative support to the Community Development Department and has faithfully supported seven Community Development Directors during her tenure; and

WHEREAS, Corinne has assisted the work of 22 individual planners during her tenure; and

WHEREAS, Corinne has consistently supported the City’s Planning Commission, Historic Preservation Board, and other City Commissions and Committees with ongoing clerking support, including preparing agendas, reports and meeting minutes; and

WHEREAS, Corinne’s exemplary service in support of the Planning Commission and its members, including the prepar ation of detailed and comprehensive meeting minutes and attending over 650 meetings has been recognized during her career with the City of Campbell; and

WHEREAS, Corinne was instrumental in facilitating the transition to a paperless Planning Division through continuous digitizing of old paper documents, oversight of microfiche scanning projects, and the implementation of fully electronic administrative functions; and

WHEREAS, Corinne has continuously provided a positive first impression to the customers of Community Development an d excellent customer service to the Campbell community and City staff; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the C ity of Campbell does he reby express it s appre ciation to Corinne Shinn for 28 years of dedicated, professional, and valuable service and their best wishes for a fulfilling retirement.

PASSED AND ADOPTED this _____ day of ___________ 2022, by the follo wing roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
ATTEST: Paul Resnikoff, Mayor

__________________________
Dusty Christopherson, City Clerk

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City
Council
Report

TITLE: Public Hearing to Consider Adoption of a Resolution Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.

DISCUSSION
The City of Campbell contracts with Santa Clara County to abate hazardous vegetation (weeds) within the City. At its meeting of December 7, 2021 the City Council declared hazardous vegetation to be a public nuisance p ursuant to Campbell Municipal Code (CMC) Section 17.54.020. The attached resolution will allow the County to proceed with abatement action on 45 properties identified as having hazardous vegetation (currently or within the last three years).

The Santa Cl ara County Consumer and Environmental Protection Agency has initiated the abatement program for the 2022 fire season by taking the follow actions:

• Providing notice to the listed property owners by mail; • Giving property owners program guidelines and inform ation to assist them to reach compliance with the Minimum Fire Safety Standards required by the Municipal Code; • Informing property owners of the County’s intention to abate this public nuisance unless the property owners return a card indicating their inte ntion to voluntarily maintain their property;
• Informing the property owners that they may also request that the County’s contractor perform any necessary abatement services, wherein an assessment may be placed on the tax rolls for services rendered.

This is a public hearing to hear objections from property owners regarding removal of hazardous vegetation on private property or public streets or alleys. Following the public hearing, it would be appropriate for the Council to adopt a resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.

Item: 15
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: January 18, 2022
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Hazardous Vegetation Abatement Page 2 of 2

FISCAL IMPACT
None to the City. The County weed abatement program is funded by fees assessed on the annual property tax roll. This is a reoccurring annual report that has been anticipated in the City's operating budget.

ALTERNATIVES
Take no action on this Resolution , requir e removal of hazardous vegetation be instigated through Code Enforcement.

Prepared by:

Daniel Fama, Senior Planner

Reviewed by:

Rob Eastwood, Community
Development Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. CC Resolution ~ Weed Abatement (January 2022)
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RESOLUTION NO. __________

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO PROCEED WITH

THE ABATEMENT OF HAZARDOUS VEGETATION

WHEREAS, hazardous vegetation constituting a public nuisance has been found to exist on those properties described in Exhibit A attached hereto, within the past three years;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell, California, that the Community Development Director is directed to cause the abatement of the aforementioned nuisance.

PASSED AND ADOPTED this _____ day of ___________, 2022, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

_____________________________
Paul Resnikoff, Mayor

ATTEST:

______________________________
Dusty Christopherson, City Clerk

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Attachment: CC Resolution ~ Weed Abatement (January 2022) (Hazardous Vegetation Abatement) Exhibit A

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Attachment: CC Resolution ~ Weed Abatement (January 2022) (Hazardous Vegetation Abatement)

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Attachment: CC Resolution ~ Weed Abatement (January 2022) (Hazardous Vegetation Abatement)

City
Council
Report

TITLE: Resolution Amending Agreement for City Manager Services (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution amending the Agreement for City Manager services.

DISCUSSION

The City of Campbell entered into an Agreement for City Manager Services with Brian Loventhal in December 2016. Per the terms of the Agreement, the City Council is authorized to make amendments to the comp ensation of the City Manager. The attached Resolution authorizes an amendment to the salary provisions and performance review period of the Agreement for City Manager Services, consistent with City Council direction.

FISCAL IMPACT

As a result of the 2021 labor negotiations, all bargaining units including department heads were afforded a 3% salary increase . For all but one unit this increase commenced retroactively on the first full pay period after July 1, 2021. This resulted in a salary compaction issue with the classification of the Police Chief per Section 4.3.C.1 of Personnel Rules and Regulations requiring the City Manager’s salary to be 10% above the classification of Police Chief.

The attached Amended Agreement reflects an annual salary of $290,804.80 per year which is 10% over the salary rate of the Police Chief as of July 1, 2021. As a result of the retroactivity of the adjustment to the City Manager’s compensation, the City shall pay City Manager a one -time payment of $4,232.80 on or befo re February 3, 2022 as retroactive compensation for the period of July 12, 2021 to January 9, 2022.

ALTERNATIVES

Do not adopt the attached resolution and provide direction on alternate changes to the Agreement for City Manager Services.

Item: 16
Category: NEW BUSINESS
Meeting Date: January 18, 2022
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Resolution Amending Agreement for City Manager Services Page 2 of 2

Prepared by:

Salina Flores, Acting Human Resources
Manager

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Employment Contract Amendment
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RESOLUTION NO. _______________

A RESOLU TION OF THE CITY COUN CIL OF THE CITY OF CAMPBELL

AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDED AGREEMENT

WITH BRIAN L OVENTHAL FOR HIS CONTINUED EMPLOYMENT AS CITY

MANAGER

WHEREAS, the City Council appointed Br ian Loventhal as City Manager, effective December 5, 2016; and

WHEREAS, the City desires to continue to employ the services of City Manager; and

WHEREAS, the City Manager desires to accept continued employment as City Manager for the City; and

WHEREAS, the City Department Heads have received compensation increases that have resulted in compensation compaction between the Department Heads and the City Manager; and

WHEREAS, the City Council desires to amend the contract with Brian Loventhal to reflect revisions to the terms and conditions of the City Manager’s employment; and

WHEREAS, in keeping with Campbell Personnel Rules and Regulations section

4.3.C.1, the City Council desires to am end the City Manager’s compensation to mitigate the compaction between the income of the Department Heads and the City Manager.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Second Amended Agreement for City Manager Services with Brian Loventhal, a copy of which is attached hereto.

PASSED AND ADOPTED this ___ day of _______ _____, 202 2, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

_____________________
Paul Resnikoff, Mayor

ATTEST:

__________________________
Dusty Christopherson, City Clerk

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SECOND AMENDED AGREEMENT FOR CITY MANAGER SERVICES

WHEREAS, on or about November 2, 2016, the CITY OF CAMPBELL (hereinafter referred to as “City”) and BRIAN LOVENTHAL (hereinafter referred to as “City Manager”) entered into an Agreement, appointing him as City Manager effective December 5, 2016;

WHEREAS, City desires to continue to employ the services of City Manager;

WHEREAS, City Manager desires to accept continued employment as city manager for the City; and

WHEREAS, the City desires to provide certain benefits, est ablish certain conditions of employment, and to set working conditions of City Manager.

NOW, THEREFORE, for and in consideration of each others’ mutual promises, the undersigned parties agree as follows:

1. City Manager agrees to continue to perform the fu nctions and duties of the City Manager of City as set forth in applicable State or local laws, ordinances, resolutions and policies, as well as such instructions and assignments as may be given to him by the Campbell City Council , until terminated as provi ded by this Agreement.

2. During his employment, City Manager shall receive the following salary and benefits:

a. The City Manager shall earn an annual salary of $290,804.80 per year commencing retroactively on the first full pay perio d after July 1, 2021 . As result of the retroactiv ity of the adjustment to the City Manager ’s compensation, the City shall pay City Manager a one -time payment of $4,232.80 on or before February 3, 2022 as retroactive c ompensation (“Retroactive Compensation”) for the period of July 12, 2 021 to January 9, 2022 . The parties agree that the Retroactive Compensation shall fully compensate City Manager for any salary owed before the date of this Agree ment. In exchange for this Retroactive Compensation, City Manage r hereby prov ides a full and final release of all compensation owed to City Manager from City, now or in the future, arising from City Manager ’s employment with City before the date of this Agreement . City Manager hereby understands and agrees that City’s agreement to pay the Retroactive Compensation shall not bind, obligate, or inure City to consider such a retrospective payment of lost compensation in the future . This salary may be adjusted at any ti me by Resolution of the City Council. The City Council s hall review the City Manager ’s Compensation annually, at such time as the City Council reviews the City Manager’s performance pursuant to section 3 of this Agreement. The City Council s hall not be obl igated to make any adjustment to the City Manager’s comp ensation, and the decision o f whether or not to make such adjustments shall be left to the sole discretion of the City Council;

b. In addition to t he foregoing salary, the City Manager shall receiv e an automobile allowance of $225 per month to compensat e him for the use of his personal vehi cle for City business. In addition, the City Manager shall accru e

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Page 2 of 4 ends

vacation at the rate of 5.85 hours per pay per iod; shall accrue sick leave in accordance with th e sick leave accrual schedule for executive employees; a nd shall receive all other b enefits normally and usually provided to City Department Heads as of June 28, 2021 unless specified herein or modified by resolution of the City Council; provided, however that the City shall pay the full premium for any medica l insurance coverage affor ded for the Ci ty Manager and his family members;

c. In addition to the foregoing salary, the City will make, in equal proportionate amounts each pay period, an annual cont ribution of $5,000 into an account for the City Manager in the City approved Section 457 Deferred Compensation Plan. Such contribution is in addition to t he City contribution made on behalf of all management employees;

d. The City Manager shall also be entitled to a monthly allowance of $40 to be used for a cellular phone service;

e. The City Manager shall also be entitled to such benefits as approved by Resolution of the City Council.

3. Each year, t he City Manager shall work with the City Council to s chedule an evaluation of the City Manager’s performance annually in the month of May. The City Council may al so schedule performance evaluations at such other times as the City Council deem s necessary and appropriate. Notwithstanding this provision, failure of the City Council to conduct an evaluation in the month of May shall not be deemed to be a breach of this Agreement by the City.

4. This Agreement shall remain in effect from year to year until terminated.

5. Notwithstanding secti on 4 of this Agreement, because an intimate and confidential relationship is necessary between the City Manager and the City, the City Manager understands and agrees that City Manager serves at the pleasure of City, and may be terminated at the will of Cit y at any time and witho ut prior notice, and without statement of rea sons or grounds therefor. However, the C ity Manager s hall not be removed during the sixty (60) day period following any change in membership of the Council except upon a vote of at least f our/fifths of the City Council.

6. In the event that the City Manager voluntarily chooses to resign his employment, he shall give the City Council at least thirty (30) day s’ advance written notice of his decision, so that the City Council may undertake a re asonable effort to find a successor.

7. Notwithstanding anything conta ined in pa ragraph 5 of this Agreement, in the event that the City Manager is terminated by City while the City Manager is willing and able to perform his duties under thi s Agreement, then the City Manager shall be entitled to continue to receive the salary set forth in paragraph 2a of this Agre ement, for a period of six (6) mont hs following his termination, provided that:

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a. City Manager shall make him self reasonably available to City during said six (6) month period to consult on City business; and

b. City Manager’s ter mination is not due to an act of moral turpitude, a frau d against City, a conviction of any illegal act involving personal gain to him, or any other act or omission on the part of the City Ma nager wholly inconsistent with his position or responsibilities.

Nothing contained in this sec tion shall apply in the eve nt of a voluntary resignation of the City Manager. Additionally, the compensation afforded under this section shall be the exclusive an d sole re medy of City Manager for any termination of his employment. This section provides for a full and final release of all k nown and unknown and unanticipated claims, injuries, damages, losses, demands, costs, liabilities, actions and causes of action that the City Manager may have against the City, now or in the future, arising out of his termination; and the City Manager waives all rights or benefits that the City Manager now has or in the future may have under the terms of Section 1542 of the Civil C ode of th e State of California, which section reads as follows:

A GENERAL RELEASE DOES NOT EXT END TO CLAIMS THAT

THE CRE DITOR OR RELEASING PARTY DOES NOT KNOW

OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME

OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

8. City’s w aiver of any term , condition , or covenant, or breach of any term, condition, or covenant shall not be construed as the waiver of any term, condition, or c ovenant or waiver of the breach of any other term, condi tion, or covenant.

9. This Agreement contains the e ntire Agreement between City and City Manager relating to the matters contained herein. Any prior agreements, promises, negotiations, or repr esentations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and City Manager.

10. If any term, conditio n, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce able, the remaining provisions of this Agreement shall be valid and binding on City and City Manager.

11. This Agreement shall be governed and construed in accordance with the laws of the State of California.

12. This Agreement may be executed in counterpa rts and will be binding as so executed on the date last executed.

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The undersigned parties having read and understood the foregoing terms and conditions of this Agreement hereby agree to be bound thereby.

EMPLOYER

CITY OF CAMPBELL

Dated:_____________________ ____________________________ Paul Resnikoff
Mayor

EMPLOYEE

Dated:_____________________ ____________________________ Brian Loventhal

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Attachment: Employment Contract Amendment (Resolution Amending Agreement for City Manager Services)

City
Council
Report

TITLE: Consider Economic Development Strategy from the Economic Development Subcommittee

RECOMMENDED ACTION

That the City Council consider the recommendation of the Economic Development Subcommittee to obtain specialized consultant services to assist in implementing the short-term economic development strategy.

BACKGROUND

The City Council has periodically adopted Economic Development plans that reflect the General Plan policies and strategies of the time. The City previously adopted Economic Development plans in 1996, 2006 and 2017. The most recent 2017 plan , shown as Attachment A , was intended to be a modest adjustment from the 2006 Economic Development Plan and thus was based in large part on the 2001 General Plan update that existed at the time . As the City is actively revising the City’s Housing Element and General Plan, revised policies and strategies relating to economic development will be incorporated into the plan. These revised policies and strategies will subsequently lead to the future development of a revised long range economic development plan.

In light of the economic climate created by the COVID pandemic, the Economic Development Subcommittee ( Councilmembers Gibbons and Landry) has worked with City staff to develop a strategy to address the short -term economic climate, understanding the long-term plan will take some time to develop and implement. At the November 12, 2021 Subcommittee meeting, t he Subcommittee received a presentation from the City’s sales tax consultant on sales and use tax baseline data as well as opportunities and sales tax leakage analysis. A copy of that presentation is enclosed with this report as Attachment B. The Subcommi ttee discussions reflected an understanding that sales tax is just one measurement of economic development. The Subcommittee recognized other considerations and opportunities such as property tax development, transient occupancy tax and the agglomeration effect that is created by clustering of businesses.

DISCUSSION

The Economic Development Subcommittee discussed short-term approaches to address existing commercial vacancies while also bridging the gap until a new long- Item: 17
Category: NEW BUSINESS
Meeting Date: January 18, 2022
17 Packet Pg. 140
Economic Development Strategy Page 2 of 3
term Economic Development Plan can be developed. The Subcommittee is recommending obtaining an outside consultant to perform or assist the City with many of these objectives, the Subcommittee and staff are also on the short-term strategy.

Short-Term Strategy:

The following are tasks consid ered desirable and would require specialized consultant services.

Filling Commercial Vacancies based on Sales Tax Leakage and other analysis

• Review current conditions, including sales tax, office uses, research and redevelopment uses. Update and obtain more formal Sales Tax Leakage analysis (what services are not being met within Campbell) with more detail on sectors and geographic distribution/data.
• Assess current vacancy list of commercial spaces available in Campbell and identify spaces that may mat ch with retailers/services identified in Sales Tax Leakage Analysis.
• Identify regional and national chains that provide the services/goods identified. • Consider new, other uses that could also fill vacancies. • Conduct initial market analysis for preferred businesses. • Develop branding and update marketing materials/GIS maps/information on available vacancies.
• Work with Commercial Brokers to reach out to preferred businesses and market available vacant spaces.

Target Metric/Performance Measure – Within X Months – reduce sales tax leakage in key sectors by half.

Depending on Council feedback on the proposed strategy, staff would develop a scope of services and obtain proposals from economic development consultants. Per Section

3.20.030(5) of the Campbell Municipal Code (CMC), formal bidding procedures may be dispensed with when “ The City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required.” Thus, based on the most qualified response and if the total cost was less than $50,000, the City Manager would enter into a consultant services agreement with an economic development consultant and report back to Council with an update . However, should the total cost be $50,000 or greater, the Cit y Manager would return to Council to request authority to enter into a consultant services agreement as required by Section

3.2.100(1) of the CMC. The estimated costs of consultant services is currently unknown.

FISCAL IMPACT

There is no fiscal impact at this time and estimated costs of consultant services cannot yet be provided. However, when more information become s available and/or a 17 Packet Pg. 141
Economic Development Strategy Page 3 of 3
consultant is selected, staff will return to Council with an update on costs and other key information.

ALTERNATIVES

1. Provide an alternative direction on the short-term economic development strategy and preference for a long-term strategy.

2. Do not seek economic development consultant services, but instead seek to meet objectives internally.

3. Provide other direction to Staff.

Approved by:

Brian Loventhal, City Manager
Attachment:
a. Economic Development Plan 2017
b. Campbell Sales Tax Consultant Report November 12, 2021 17 Packet Pg. 142

1 Economic Development Plan

Adopted: November 21, 2017
City Council Resolution No.: 12260

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

2 ECONOMIC DEVELOPMENT PLAN |

Cover Photo, City of Campbell, 2015

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

3 TABLE OF CONTENTS

I. Acknowledgments ........................................................................................................................................ 4 II. Vision and Mission Statement ...................................................................................................................... 5 III. Introduction ................................................................................................................................................. 6 IV. Objectives, Strategies and Implementations ................................................................................................ 7 Foster Business Expansion .............................................................................................................................. 7 1.

Foster Business Retention ............................................................................................................................... 7 2.

Maintain a Sense of Public and Private Partnership ....................................................................................... 8 3.

Maximize Potential of Industrial and Commercial Property ........................................................................... 8 4.

Reduce Unemployment, Achieve Economic Stability and Increase Standard of Living .................................. 9 5.

Build Community Support and Capacity For Economic Interests .................................................................... 9 6.

Attract Visitors To Increase Local Spending .................................................................................................. 10 7.

Streamline Permitting Process ...................................................................................................................... 10 8.

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

4 I. ACKNOWLEDGMENTS

CITY OF CAMPBELL
City Council
Elizabeth “Liz” Gibbons, Mayor
Paul Resnikoff, Vice Mayor
Jeffrey Cristina
Susan M. Landry
Rich Waterman

Planning Commission
Michael Rich, Chair
Donald Young, Vice Chair
Cynthia Dodd
JoElle Hernandez
Maggie Ostrowski
Andrew Rivlin
Michael Krey

City Staff
Brian Loventhal, City Manager
Paul Kermoyan, Community Development Director
Nicole Brown, Former Economic Development Specialist

ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

Cynthia Dodd, Rolling Hills Middle School Principal
Diana Beechie, Ellis Partners
Al Bito, Deputy City Manager
Jesse Takahashi, Finance Director
John Saunders, Economy Lumber Owner
Linda Gridley, Gridley Company Owner
Michael Perone, Barracuda Networks Founder
Mike Stonehouse, Campbell Chamber of Commerce
Mike Thompson, Groupware CEO
Scott Trobbe, SB Development

APPROVAL DATE
City Council November 21, 2017 meeting

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

5 II. VISION AND MISSION STATMENTS

Vision
The City of Campbell will strive to enhance its business climate, providing opportunities for new commercial, industrial, and smart growth residential development to help maintain the characteristics that define its small town atmosphere while improving the community’s quality of life.

Mission Statement
To promote economic health as an essential component of maintaining a balanced community, providing goods, services, employment and housing opportunities which, in turn, help attract and retain commercial, service, and industrial business. This will be accomplished by building partnerships with property owners, business owners, and various agencies to collectively achieve a cooperative and responsive government that helps business prosper.

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

6 III. INTRODUCTION

A common characteristic of successful communities include an articulated, shared vision of where the community sees itself in the future and what residents and businesses value in their community. The objectives, strategies and implementations provided in this Economic Development Plan are reflective of approaches to create more connections and partnerships with the local community in order achieve improved business and community outcomes. These objectives hinge on and will succeed only with the collaboration of our economic development partners- such as the Downtown Campbell Business Association, Campbell’s Chamber of Commerce; key private sector leaders; local and regional educational institutions; and the local brokerage and development community, to promote economic vitally.

In order to achieve economic vitally eight (8) objectives have been identified as follows:

1. Foster Business Expansion

2. Foster Business Retention

3. Maintain a Sense of Public and Private Partnership

4. Maximize Potential of Industrial & Commercial Property

5. Reduce Unemployment, Achieve Economic Stability and Increase Standard of Living

6. Build Community Support & Capacity For Economic Interests

7. Attract Visitors To Increase Local Spending

8. Streamline Permitting Process
Once adopted, this Plan provides specific strategies and implementation tasks needed to create opportunities for business expansion and retention; and enhance Campbell’s residential and commercial neighborhoods.

This Plan is also anticipated to be updated every five (5) years in order to reassess how the objectives, strategies and implementation tasks are working and if updates are needed to keep the Plan reflective of current values.

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

7 IV. OBJECTIVES, STRATEGIES & IMPLEMENTATIONS

Objective 1: Foster business expansion.

Strategy -1.1 Maintain relationships with the local brokerage community.

Implementation 1: Conduct outreach efforts with local brokers; attend State Conferences such as ICSC; and
participate in Joint Venture Silicon Valley
SVEDA’s broker breakfasts.

Strategy -1.2 Track lease expirations and available space.

Implementation 1: Update and maintain the Available Properties webpage and mapping tool.

Strategy -1.3 Proactively target specific industry/business for appropriate zones.

Implementation 1: Reach out to businesses that would fit well within zoning districts which permits such uses
in order to coordinate a conversation with
property owners who have available properties.

Strategy -1.4 Market existing technology companies to attract new opportunities.

Implementation 1: Create marketing materials that highlight existing tech -business clusters in the City of
Campbell. Provide these materials to
complementary industries that would benefit
from proximity to industry existing in
Campbell.

O
bjective 2: Foster business retention.

Strategy -2.1 Celebrate successes and highlight Campbell businesses.

Implementation 1: Work with local organizations such as the Chamber of Commerce, the DCBA and EDAC
to recognize stellar businesses within the City
of Campbell.

Implementation 2: Meet with a different business each quarter in order to recognize their community importance,
the City’s commitment to helping them be
successful and to publish quarterly articles on
the city’s website to highlight businesses.

Strategy -2.2 Track local labor force strengths and weaknesses and identify opportunities for existing business.

Implementation 1: Conduct research using the Census, local

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8 business input, county and regional data in
order to infer conclusions on labor force
opportunities and weaknesses.

Implementation 2: Use inferences to seek out new business opportunities that are supported by data. Use
this data to entice further business opportunity.

Strategy -2.3 Explore ways to increase State and Federal funding.

Implementation 1: Research funding opportunities for which the City, businesses or residents might be eligible.

Objective 3: Maintain a sense of public & private partnership.

Strategy -3.1 Maintain the Economic Development Advisory Committee (EDAC)

Implementation 1: Conduct routine meetings with EDAC to ensure the City keeps in touch with business
issues; economic trends; accepts advice on
issues that could affect policy decisions; and
receives feedback on staff’s implementation of
the Economic Development Plan.

Implementation 2: Continue to adopt EDAC work plans for staff implementation.

Strategy -3.2 Exchange ideas on how the City can better serve the business community.

Im
plementation 1: Use EDAC as a sounding board for City policy that will affect the business community and for
the Committee to help shape economic
development policy.

Objective 4: Maximize potential of industrial and commercial property.

Strategy -4.1 Maintain and identify areas where zoning updates could influence potential industrial and commercial growth.

Implementation 1: Identify areas in the City where zoning updates would be beneficial for commercial and
industrial growth.

Strategy -4.2 Research the potential of expanding the mix of uses in specific commercial corridors.

Implementation1: Compare local, county, and regional use types in commercial corridors to obtain ideas and lessons
learned from how they function and how they
could work in Campbell. Provide this information
to the Planning Division for consideration in

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Attachment: Economic Development Plan 2017 (Economic Development Strategy)

9 future planning efforts.

Implementation 2: Coordinate with San Jose to mirror area plans.

Objective 5: Reduce unemployment, achieve economic stability and increase standard of living.

Strategy -5.1 Retain an economic base that sustains service needs utilized by residents, businesses and visitors.

Implementation 1: Work with the brokerage community to aggressively fill commercial vacancies with a
mix of industries.

Strategy -5.2 Ensure all new commercial development complements Campbell’s built environment and supports a variety of future jobs.

Implementation 1: Participate in the DRC to provide comments in order to encourage Developers to build high
quality and attractive developments with a
variety of uses that compliment Campbell’s
character.

Strategy -5.3 Utilize Campbell’s diverse organizations to generate a high level of community excitement and energy.

Implementation 1: Coordinate with non-profits and the DCBA on community events.

Strategy -5.4 Encourage job-skill training programs

Im
plementation 1: Partner with local businesses, non-profits and school organizations to link employment
opportunities and employment training
programs to youth and underserved individuals.

Objective 6: Build community support and capacity for economic interests.

Strategy -6.1 Improve public notification process.

Implementation 1: Expand notification to the public on d evelopment projects through social media and
neighborhood groups.

Implementation 2: On large scale projects, provide early notice to property owners surrounding a project.

Strategy -6.2 Solicit public opinion on community projects and private development.

Implementation 1: Encourage applicants of new developments to conduct at least one community meeting.

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10 Implementation 2: Prepare a survey link for new large d evelopments to solicit public opinion.

Implementation 3: Solicit input from commercial real estate brokers on the viability of commercial space proposed
for mixed-use developments.

Objective 7: Attract visitors to increase local spending.

Strategy -7.1 Promote existing attractions.

Implementation 1: Coordinate with organizations such as the Chamber of Commerce and the DCBA to
support local events.

Strategy -7.2 Consider a variety of additional year-round tourist attractions.

Implementation 1: Continue to work with the Chamber and DCBA on their annual events, exploring the possibility
to expand them.

Strategy -7.3 Focus resources on future tourism initiatives, including those favored by the local/regional community.

Implementation 1: Market attractions and to spot light Campbell.

Strategy -7.4 D evelopment proposals to incorporate pedestrian and bike connections within the city’s network of pathways.

Implementation 1: City shall maintain a comprehensive bicycle and pedestrian pathways plan to inform business of
the City’s expectations to improve the circulation
network.

Im
plementation 2: Encourage bike valet services at the Farmers Market and community gatherings.

Objective 8: Streamline permitting processes.

Strategy -8.1 Gather feedback from applicants on issues faced during the permit process.

Implementation 1: Utilize online survey to collect responses from customers who have completed the zoning
entitlement and building permit processes.

Implementation 2: Explore methods to improve permit processes.

Strategy -8.2 Identify bottlenecks and confusion in the permitting process.

Implementation 1: Schedule quarterly meetings in the Planning and Building Department to identify permitting
issues and implement changes.

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Attachment: Economic Development Plan 2017 (Economic Development Strategy) Sales Tax
City of Campbell
Economic Development Advisory Subcommittee
November 12, 2021

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Fundamentals

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Sales Tax Rate
State General Fund 3.9375%
County Realignment 1.5625%
Prop. 172 Public Safety 0.5000%
Bradley-Burns Uniform Tax 1.2500%
Local General Fund 1.00%
Countywide Transportation 0.25%
Total Base Rate 7.2500%
Campbell Measure O
Various Santa ClaraCounty District Taxes
.25%

1.875%
Total Rate 9.3750%
* Various CA Legislative bills authorized additional transactions tax rate authority for specific counties and cities which does not countagainst the 2% cap.

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Sales Tax vs Use Tax: Bradley-Burns
Sales Tax applies when the goods are located in
California at the time the sales occur . This
includes a stock of goods held in a California
warehouse, fulfillment center or retail stores.

Use Tax applies when title to the goods passes to
the purchaser at a point outside of California.

Goods that ship to a customer from outside the
state are generally subject to use tax.

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Allocation of Bradley-Burns Tax
 PLACE OF SALE (where the sale/order was
placed or negotiated)
 Allocated directly to local jurisdiction
 If an out of state retailer does not have a
permanent place of business in this state
other than a stock of tangible personal
property, then local tax will be distributed to
the jurisdiction where the inventory is located
at the time of sale
 Allocated indirectly if the seller is not required
to hold a seller’s permit
Sales Tax
 PLACE OF USE
 Allocated indirectly through the
countywide use tax pool system
 There are certain circumstances where
local (1%) use tax can be allocated
directly.

Use Tax

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Allocation of Countywide Pool
Santa Clara Co
Use Tax Pool
Agency Name Share of Pool
Los Altos Hills 0.1%
Saratoga 0.3%
Gilroy 4.4%
Campbell 2.4%
Palo Alto 5.6%
Santa Clara Co. Uninc 1.1%
Morgan Hill 2.4%
Milpitas 4.8%
San Jose 48.7%
Los Gatos 1.6%
Sunnyvale 4.0%
Mountain View 3.7%
Santa Clara 11.1%
Los Altos 0.5%
Cupertino 9.2%
Totals 100.0%

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic District (Transaction) Tax Vs. Sales Tax
Campbell’s Measure O, 0.25%
District Taxes follow the merchandise. Generally…
• Distributed to the district where the goods are delivered (and presumably used) • Local merchants shipping products out of district do not generate transaction tax EXAMPLE:

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Recent Sales
Tax News and
Issues
8 17.b
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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Data Influencers:
 COVID-19 onset began March 2020; worst of fiscal impacts occurred 2q20
 Inland/suburban areas faired better than dense built out metro areas  SCOTUS ‘Wayfair’ decision, launched in CA under AB147, added a bunch of new retailers into the 58 county pools effective 4q19  Two rounds of Executive Order taxpayer deferral programs ‘made whole’ with remittance of all delayed taxes as of 2q21
 Federal and State stimulus inflated consumers ability & willingness to spend on taxable goods

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic AB147 – ‘Wayfair’ Boosts Pools
10 6/16/21 Santa Paula Study Session

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Amazon: Bradley-Burns Allocations
• Out-of-state
• Warehouses in CA were owned and
operated by a 3rd party
• Taxable goods “drop-shipped” to
customers
• Local tax allocated to countywide use tax
pool based on where the goods were
shipped/place of use
Historical Structure
• In-state & out-of-state
• Warehouses in CA owned and
operated by Amazon
• Goods inventoried in CA are subject to
sales tax
• Local tax allocated directly based on
place of sale and indirectly based on
place of use
• Change retroactive to 4Q20
New Structure
Per Regulation 1699 Amazon was not required to hold a seller’s permit for the 3rd party warehouses where they did not own inventory, therefore Amazon remained an out-of-state company and local tax was entirely allocated indirectly through the pools where goods were shipped.

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Out-of-State
Fulfillment Center
California
Fulfillment Center
When Sales Tax Applies
PLACE

OF SALE

LOCATION OF

GOODS AT THE

TIME OF SALE

ALLOCATION OF

LOCAL TAX
Not In-Store
(Online or Out of State)
California
Fulfillment Center
(Owned and operated by
3rd Party)
Local Tax
allocated to the countywide
pool, based on point of
delivery
Local Tax
allocated to the jurisdiction in
which the fulfillment center is
located

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Trickle Down Effect
CARES Act
• Additional $600/week unemployment payments, later extended but reduced to $400/week
• $1,200/per person, $500/child cash payments
COVID -19 ECONOMIC RELIEF BILL
• Additional $600/per person
American Rescue Plan Act (ARPA)
• Additional $1,400/per person in the ARPA distributed
• Increased Child Tax Credit
• Extended unemployment benefits until Sept. 6

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Recent
Sales Tax
Performance

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Online Activity Surging

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Recovery Varies Across CA

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Pandemic Quarters

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Major Industry Groups

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Major Industry Groups

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Business Types in Major Industry Groups
Business & Industry Group
Office Supplies/Furniture
Garden/Agricultural Supplies
Wineries
Energy/Utilities
Office Equipment
Medical/Biotech
Electrical Equipment
Government/Social Organizations
Light Industrial/Printers
General Consumer Goods
Family Apparel
Variety Stores
Department Stores
Sporting Goods
Art/Gift Novelty Stores
Florist Shops
Music Stores
Jewelry Stores
Specialty Stores

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Top 5 Business Types

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic 22 17.b
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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Opportunity Gaps

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Market Supply Satisfied

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Campbell Opportunity Gaps

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Final Thoughts
on Sales Tax
26 17.b
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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Annual Statewide Outlook
$6.87
$7.17
$7.00
$7.73
$8.52
$8.86
$5.5
$6.0
$6.5
$7.0
$7.5
$8.0
$8.5
$9.0
$9.5
FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23
Billions

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Legislative Actions
 Meaningful sales tax reform not priority in Sacramento  SB792 vetoed by Governor
 Required data capturing of $50m+ annual online sales taxes based upon where goods were delivered  Precursor for future change?
 Newsom deemed burden to businesses
 Cal Cities (LoCC) Board action:– tax equity: fulfillment centers/online sales  R&T approved Resolution;
 Referred back to R&T Committee
 Included recommendation to involve City Managers Working Group

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Concluding Points
 COUNTIES: The shifting of local Bradley-Burns from pools to local jurisdictions will shift Prop 172 and local transportation funding (LTF) revenues.  Economy is adapting to new normal; pandemic ebbs and flows are part of this cycle  Jurisdictions heavily reliant on tourism & hospitality industries, conventions could see slower rebound over multiple years.
 The outlook for local tax revenues remains positive despite supply chain, inflation based pricing and labor concerns.
 Statewide trends are favorable, Campbell trends are favorable too!

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic Susie Woodstock, Principal
[email protected]
714-879-5000
www.hdlcompanies.com

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Attachment: Campbell Sales Tax Consultant Report November 12, 2021 (Economic

City
Council
Report

TITLE: Extension of Declaration of Local Emergency (Resolution/Roll Call Vote)

RECOMMENDED ACTION

It is recommended that the City Council adopt a resolution extending the November 16, 2021 City Council proclamation declaring the existence of a local emergency resulting from community spread of COVID-19.

BACKGROUND

On March 17, 2020, the City Council adopted a resolution ratifying the Director of Emergency Services’ proclamation dated March 12, 2020 declaring the existence of a local emergency resulting from community spread of COVID -19 in the City of Campbell.

This declaration of a local emergency provided the City the authority to provide and request mutual aid from state and other governmental agencies, consistent with the provisions of local ordinances, resolutions, emergency plans, and agreements; as well as promulgate orders and regulations, and exercise emergency police powers necessary to provide for protection of life and property.

During the COVID -19 public health crisis, the City Council passed several resolutions that are effective for the duration of the local emergency and listed below. No additional actions by the City Council are necessary as the actions authorized by these resolutions will terminate when the declaration of local emergency ends.

• Resolution 12580 - Setting forth code enforcement priorities during COVID-19 emergency;
• Resolution 12594 - Setting forth enforcement priorities affe cting retail and restaurant businesses outside of the downtown area during COVD -19 emergency;
• Resolution 12595 – Setting forth enforcement priorities affecting downtown retail and restaurant businesses during COVID-19 emergency; • Resolution 12620 - Temporarily suspending and designating parking restrictions and prohibitions pursuant to Campbell municipal code chapter

10.24 and authorizing temporarily closing the 100, 200, 300, and 400 blocks of East Campbell Avenue to motor vehicle traffic pursuant to Califo rnia Vehicle Code section 21101 to facilitate outdoor business and setting forth Item: 18
Category: UNFINISHED BUSINESS
Meeting Date: January 18, 2022
18 Packet Pg. 183
Extension of Declaration of Local Emergency and Authorizing Remote Meetings Page 2 of 3 enforcement priorities affecting downtown businesses during the COVID -19 emergency;
• Resolution 12623 - Setting forth enforcement priorities affecting all business outside of the downtown area during COVD-19 emergency.

Pursuant to the Campbell Municipal Code 2.28.060 (a)(1) and California Government Code Section 8630 (b), the local emergency declaration was ratified by the City Council, as required by law in order to allow the City the ability to exercise emergency police powers such as: evacuation; immunity for emergency actions; authorization of issuance of orders and regulations; activation of pre -established emergency provisions; and is a prerequisite for requesting state or federal assistance.

The City Council reviewed the local emergency declaration every 60 days and adopted resolutions to extend the declaration of a local emergency on May 5, July 24, September 15, November 2, and December 15, 2020; and on February 2, Apr il 6, June 1, August 3, September 21, October 19 and November 16, 2021.

On September 16, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 361 enabling local public agencies to continue to use teleconferencing without complying with certain Brown Act provisions.

At their meeting on October 19, 2021 the City Council adopted a resolution that incorporated the necessary findings required by AB 361 to allow the City to continue to conduct remote meetings. Although the City Council expressed its desire to resume Council meetings in -person they questioned the ability of the City’s commissioners to meet in-person. The City Council requested staff provide additional information as to whether the City’s commissioners were willing and able to resume in-person meetings.

Staff later reported to the City Council that the majority of Commissioners were willing to return in person.

At their meeting on November 16, 2021 the City Council adopted a resolution extending the declaration of emergency to Januar y 29, 2022. That resolution did not contain the findings required by AB 361 to allow for remote meetings. Since that time all City Council, Board and Commission meetings have been conducted in -person and in conformance with all requirements of the Brown Act.

DISCUSSION

Pursuant to the Government Code the City must review the declaration of emergency every 60 days. Due to the ongoing presence of the Omicron variant, staff recommends the City Council extend the declaration of emergency for another 60 d ays (until March 29, 2022).

If the City Council extends the declaration of emergency, the business assistance resolutions that are tied to the declaration of emergency will likewise be extended for the same duration.
18 Packet Pg. 184
Extension of Declaration of Local Emergency and Authorizing Remote Meetings Page 3 of 3

FISCAL IMPACT
The proclamation of a local emergency is a prerequisite for requesting state or federal assistance and/or reimbursement for expenses incurred in response to the emergency.

There is no fiscal impact associated with the extension of the local emergency.

ALTERNATIVES
If the Cit y Council desires to permit remote meetings of its legislative bodies, the Council can adopt the proposed resolution with one of the following findings added to the resolution.

1. The state of emergency continues to directly impact the ability of the members to meet safely in person; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

Approved by:

Brian Loventhal, City Manager
Attachment:
a. Reso_Extension of Local Emergency_Nov 16
18 Packet Pg. 185
RESOLUTION ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

CONTINUING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19

WHEREAS, Campbell Municipal Code Section 2.28.060 empowers the City Manager or designee, as the Director of Emergency Services to issue a proclamation to proclaim the existence or threatened existence of a local emergency if the City Council is not in session, and requires that the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect; and WHEREAS, pursuant to California Government Code Section 8680.9, a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or manmade disaster; and WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary police powers, immunity for emergency actions, authorize issuance of orders and regulations, and activate pre-established emergency provisions; and WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on documented conditions stated in prior resolutions including but not limited to the following:

1. On March 11, 2020, the World Health Organization characte rized the COVID -19 outbreak as a pandemic.

2. COVID-19 has spread globally and per World Health Organization (WHO) data, as of October 11, 2021, over 237 million people have contracted the virus worldwide, resulting in more than 4.8 million deaths. In the United States, over 43.5 million cases have been confirmed, leading to 703,599 deaths.

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Attachment: Reso_Extension of Local Emergency_Nov 16 (Extension of Declaration of Local Emergency and Authorizing Remote Meetings) WHEREAS, on March 17, 2020 the first public health order issued by the Santa Clara County Public Health Officer went into effect, requiring the sheltering in place of all residents in the County, and only allowing a defined set of essential activities and businesses . Since that date sixteen additional public health orders have been issued, each updating the type of allowable activities and risk reduction measures, most recently on August 2, 2021; and WHEREAS, as required by Government Code 8630(c) the City Council reviewed the need to continue the local emergency declaration every 60 days until conditions warrant termination. The local emergency declaration has been extended in calendar year 2020 on May 5, July 24, September 15, November 2, and December 15 . In calendar year 2021 on February 2, April 6, June 1, August 3, September 21, October 19.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that:

1. The City Council has revi ewed the need for continuing the declaration of local emergency ratified and confirmed on November 16 , 2021 and finds based on substantial evidence that the public interest and necessity require the reinstatement and continuance of the proclamation of local emergency related to COVID-19.

2. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Campbell.

3. The Director of the Office of Emergency Services is hereby directed to report to the City Council within sixty (60) days on the need for further continuing the local emergency.

PASSED AND ADOPTED this ______ day of ____________ 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Elizabeth “Liz” Gibbons, Mayor

ATTEST:

_______________________________
Dusty Christopherson, City Clerk

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Attachment: Reso_Extension of Local Emergency_Nov 16 (Extension of Declaration of Local Emergency and Authorizing Remote Meetings)

City
Council
Report

TITLE: Consideration of a Permanent Parklet Program in Downtown Campbell

RECOMMENDED ACTION

That the City Council provide policy direction regarding a Permanent Par klet Program in Downtown Campbell.

BACKGROUND

The Temporary Parklet Program was established via Council Resolution 12634 on September 1, 2020. The program was extended three additional times by Council Resolutions 12663, 12721 and 12758 while State and C ounty Health Orders relating to COVID-19 were in effect. The program was originally scheduled to end January 3, 2022, following City Council’s adoption of Resolution 12758 at its regular meeting of September 7, 2021.

During a special City Council meeting on December 21, 2021, the City Council extended the Temporary Parklet Program through March 31, 2022, identifying increasing COVID case counts associated with the Omicron variant. Council directed staff to return to Council with option s for developing a p ermanent parklet program, addressing issues such as how businesses would transition from temporary parklets to permanent parklets should a Permanent Parklet Program be authorized.

Many cities like Campbell in the South Bay and San Francisco Bay Area esta blished temporary parklet programs during the COVID -19 pandemic to allow restaurants and other businesses to establish outdoor seating in street parking spaces as indoor dining and activities were limited by shelter in place orders. Based on their popular ity of use by customers, and enhancement to the streetscape and urban design setting of downtown areas, many cities are now evaluating long term extensions of parklet programs or the creation of permanent parklet programs.

DISCUSSION

This report provides introductory information and key policy questions for Council to consider regarding the future of the parklet program in Downtown Campbell. Based on the initial direction from Council regarding these initial policy considerations, staff will Item: 19
Category: NEW BUSINESS
Meeting Date: January 18, 2022
19 Packet Pg. 188
City Council Report - Permanent Parklet Program Page 2 of 10 return with f urther information and implementation actions regarding parklet programs, based on Council direction.

Specifically, this report provides information for the Council to address the following questions regarding the parklet program:

Should Campbell estab lish a permitting pr ocess that allows for the creation of a Permanent Parklet Program in the Downtown Campbell area?

In considering the potential creation of a Permanent Parklet Program, staff has identified additional policy decisions regarding the fund ing and permitting structure for the program, that include the following:

1. How many parklets should be allowed / should a limit be adopted?

2. Which design-and-build options for permitting parklets should be utilized?

3. Should the City fund or use ARPA funds t o subsidize the parklet program, reducing permitting or construction costs?

4. Should parklet operators pay a use fee for occupying public parking spaces?

5. How and when should a transition from temporary parklets to permanent parklets occur?

6. How should storage of restaurant furniture and equipment be addressed?

Current Status

Currently, 17 Downtown businesses operate parkl ets, occupying 40 public parking spaces including 30 on -street parking spaces and 10 off -street parking spaces. This represents approximate ly 3% of the total public parking spaces. All parklets are occupied by restaurants and bars, including fourteen restaurants that occupy 28 on - street parking stalls on East Campbell Avenue and one restaurant that occupies two parking spaces on Central Avenu e at Campbell Avenue. Two additional establishments operate parklets in the City -owned parking lots at 201 and 300 Orchard City Drive respectively.

Since the inception of the program, September 2020, the City has rented 550 linear feet of k-rail barriers at $2,750 per month. Parklet design s vary among the businesses as some restaurants have built platforms and overhead structures within the parklets while other restaurants simply place tables and chairs on the street surface within the parklet.

Interest in Permanent Parklets

Following staff outreach to parklet operators in September and October 2021, 1 3 of the 17 businesses expressed willingness to build permanent parklets, while the four others also expressed interest, they stated that cost, conditions , and terms will dictate their decisions.

Policy Questions
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City Council Report - Permanent Parklet Program Page 3 of 10

Should Campbell allow a Permanent Parklet Program in the Downtown Campbell area?

Allowance of a permanent parklet program would require the creation of a permitting process that allows restaur ants to obtain permits to allow for parklets to be constructed and remain in on -street parking stalls (or in parking lots ). Creation of a permanent program would first require the approval of text amendments to the municipal code allowing parklets to be es tablished, and the creation of a permitting process, similar to the City’s current Outdoor Dining Permit process, that provides a zoning and encroachment permit approval including health and safety reviews for establishing parklets.

Benefits of a Permanent Parklet Programs include continuing to allow outdoor dining that will help downtown businesses continue operating, retain staff, and provide a mix of dining options amid the uncertainty regarding the future of the COVID-19 pandemic. In addition, expan sion of outdoor dining space can enhance the ambience and urban design quality of the downtown area, improving its standing as a destination downtown for dining and shopping within the South Bay area. The creation of permanent parklets within Downtown Camp bell was identified as an implementation action within The Transportation Improvement Plan for Campbell’s Priority Development Area (TIPC) prepared in 2018.

Potential impacts associated with the creation of a permanent parklet program include the loss o f on-site parking spaces downtown and potential design/operational conflicts with the Campbell Farmer’s Market and Chamber -operated f estivals that occur downtown.

Should the number of parklets allowed be limited?

Currently, 17 businesses operate parklets in 40 public parking spaces in Downtown with 30 on -street parking spaces . On average, each on -street temporary parklet occupies two parallel spaces.

Impact on Parking Spaces

The conversion of parking spots to parklets removes parking options within the downtown area. Restricting the number of parking stalls used for parklets would ensure sufficient public parking remain s for public use, but could also prevent additional restaurants from establishing parklets once a parklet limit is reached.

A Permanent Parklet Program could allow businesses to operate parklets within a businesses’ storefront or two parallel parking stalls whichever is greater as some businesses’ storefronts include more than two parallel parking stalls. This standard can preserve on -street parking stalls for public use and allow sharing of parking spaces across parklet operators. Expansion beyond a business’ storefront could potentially be 19 Packet Pg. 190
City Council Report - Permanent Parklet Program Page 4 of 10 done by requiring written approval from the neighboring business owner (which is a requirement of the temporary parklet program ). Given some restaurants’ storefronts are smaller than others, parklets shared by adjacent business es could be considered on a case-by-case basis.

Parklets’ Impact on Farmers Market and Downtown Events

Urban Village Farme rs’ Market Association (UVFM) has managed and operated the Downtown Campbell Farmers’ Market since 1998. UVFM management informed staff that the market is co -existing well with the current temporary parklet configuration since the market resumed Downtown o perations on October 24, 2021. Currently, between 70 and 85 vendors operate during the market, which is a 30% reduction compared with 100 to120 vendors during pre -pandemic operations. However, the current configuration provides just enough space for the ma rket in its current state and may limit the market’s future expansion efforts to provide booth space for seasonal vendors. Urban Village Management informed staff that the parklets’ location and configuration on the block of Campbell Avenue between the railroad tracks and Central Avenue is currently unusable because it breaks the market’s continuity between the rest of the market and this area, which would cause vendors located in this area to be isolated from the rest of the market.

The Chamber of Commer ce resumed its seasonal Downtown festivals in 2021 (Boogie Festival and Oktoberfest). The Chamber was able to operate its events with the current parklet configurations and is willing to work with the City on a more permanent parklet configuration.

Both the Chamber of Commerce and Campbell Farmers' Market operated their events with the current parklet configuration. A Permanent Parklet Program could restrict the number of parklets per block and create standards to limit the number of parklets being located across the street from one another, allowing sufficient spacing for vendor booths. The current temporary parklet configuration could be a model for the creation of standards and guidelines for identifying parklet locations. Under this approach, some parklets, including those on the block of Campbell Avenue between the railroad tracks and Central Avenue, may require adjustment as they are directly across the street from each other.

In summary, Staff recommends that a Permanent Parklet Program, if establis hed, include standards that limit the total number of parking spaces allowed per business (recommended a maximum of two parking spaces per business) and includes spacing standards to allow compatibility between the parklets and the Farmers Market and downtown events.

Which design-and-build option for permitting parklets should be utilized?

Any permanent parklet permitting program will require a review of the proposed parklet design by Public Works, Community Development (Planning and Building) and the 19 Packet Pg. 191
City Council Report - Permanent Parklet Program Page 5 of 10 County Fire Department to ensure the design complies with right -of-way encroachment standards, the California Building and Fire Codes, ADA access, and any applicable urban design standards for the Downtown. Staff has identified three programmatic approaches to this permitting process to consider for implementation with the pre - approved parklet design the recommended option.

Build to Suit

Applicants submit design plans for each individual parklet consistent with California Building and Fire Codes, ADA access , City encroachment standards, and urban design standards. Application plan check review and permit approval timelines would vary based on project scope of work, application completeness and potential plan revisions.

Built-to-suit is a common design option among communities with permanent parklet programs.

Pre-Approved Parklet Design

Pre-approved design templates would allow applicants to choose from a limited number of City-authorized design plans that meet Building and Fire Codes, ADA access, City encroachment standards, and urban design standards. Applicants could customize their parklet from this design template by choosing materials, finishes and color palette consistent with Downtown’s built environment and streetscape.

Pre-approved design template s could be prepared by a licensed engineer or architect working under contract for the City, selected through an RFQ/RFP process to review and hire the licensed design professional. This option would reduce plan check review time and applicant costs by eliminating the need for applicants to create individual plans from scratch that could be subject to multiple rounds of city reviews and revisions. This option would also create aesthetic consistency among parklets. However, it would come at some cost to the City to hire a licensed engineer or architect.

City Built

Under this approach, city staff or a city-approved contractor would construct the parklets to minimum requirements consistent with California Building and Fire Codes, ADA access, City encroachment standards, and urban design standards. This option would include installation of traffic safety barriers and decking surface consistent with city - approved design standards. The applicant could then provide additional improvements such as overhangs, lighting, and seating, consistent with design standards.

Limited City staffing and resources currently restrict the viability of this option as other city projects and tasks would be delayed if staff and resources are diverted to parklet construction. Hiring a contractor for this task would require an RFQ process requiring additional city staff time and financial resources.

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City Council Report - Permanent Parklet Program Page 6 of 10 Should a Permanent Parklet Program be established, Staff recommends the City establish the pre-approved parklet design option. This option will create better continuity in the design of parklets throughout the downtown and reduce review and permitting time for applicants.

Should parklet operators pay a use fee for occupying public parking spaces?

The installation of a parklet will result in the removal of parking spaces Downtown. In the past, the City has charged fees for any removal of Downtown parking spaces. For reference, the Opa office building expansion project in 2017 was charged a one-time parking impact fee of $7,027 per parking stall as a parking in lieu fee (associated with both the removal of parking spaces and new parking demand).

Other cities with permanent parklet programs such as Los Altos and San Mateo have charged annual fees for the parklets for the use of the public p arking spaces. As the parklets may potentially be removed in the future if a business closes or is replaced by a business that does not use the parklet, an annual fee may be more appropriate than a one-time fee that compensates for a permanent loss in a p arking space. Staff has identified the following options for council’s consideration.

Option 1: Charge a one-time parking loss fee

Staff could require a one -time fee for each parking stall converted to a parklet space. Fees could be used for improving Downtown parking facilities consistent with funds previously collected from Downtown Parking Impact Fees. Campbell does not currently have an adopted parking impact fee program . A fee and parking study would likely be necessary to achieve this.

Option 2: Require an annual fee

Council could consider an annual fee similar to the Cities of Los Altos and San Mateo, which charge $100 and $250 per parking space annually.

If a Permanent Parklet Program is adopted, Staff recommends the City apply an annual use fee, unless a parking impact program and mitigation fee is first developed and adopted.

Should City funds or ARPA funds be used to subsidize and lower the permitting or construction costs for applicants?

The minimum estimated cost for constructing a par klet in Campbell, is approximately $10,531 per parking space ($21,062 for two parking spaces) based on current permit fees and estimated construction and material costs. Estimated costs are summarized in Table 2.

Table 2: Estimated Permanent Parklet Costs
19 Packet Pg. 193
City Council Report - Permanent Parklet Program Page 7 of 10 Two Parking Stall Parklet

Permit Type Permit Fees Construction Costs Construction Costs
Encroachment Permit
(EP) $1,168 Construction Materials $4,800
EP Traffic Control Plan
(Subject to PW
Discretion)
$233 Contractors & Labor
(Estimated) $6,500
Outdoor Dining Permit
with alcohol $581
Site Development
Costs, Overhead and
Contractor Profit
(Estimated)
$4,630
Building Permit $550
Concrete Planters
5’ x 1.3’ x 3’
$650 per planter
weight 1,725 lbs.
(Estimated wholesale
cost)
$2,600 (4
planters
Total Fees $2,532 Total Construction
Costs $18,530
Grand Total $21,062 (Two Parking Stalls)

*Information received from other jurisdictions including Los Altos, Los Gatos and San Francisco, total parklet installation (permitting and construction) costs between $10,000 and $50,000 per parking stall, depending on project complexity and scope of work.

These higher costs may be caused by volatility in construction material costs and supply chain issues

Funding of Permanent Parklet Programs in Other Communities

Few Permanent Parklet Programs exist in the Bay Area as many communities are in the process of considering permanent programs. The communities of Los Altos, Los Gatos, San Francisco and San Mateo have launched permanent parklet programs. All programs except Los Altos limit parklets to two parallel parking spaces. While Los Altos does not limit the size of parklets, parklets are limited to two per block and parklets cannot be located across the street from each other, which may limit the size of parklets so parklets can be located on both sides of a street. Expansion beyond two spaces is subject to adjacent business owner and/or agency approval. Applicant builds to approved specifications except Los Gatos which offers pre -approved parklet design options for one, two and three parking spaces.

Among these communities, only Los Gatos is using ARPA funds ($1.9 million) to fully fund permit costs and subsidize engineering costs. Los Gatos also covers $40,000 or up to 75% of parklet construction costs, excluding labor , whichever is less. San Francisco’s Shared Spaces Program has committed $500,000 of City funds to provide 19 Packet Pg. 194
City Council Report - Permanent Parklet Program Page 8 of 10 $2,500 grants to help business’ make their parklets code compliant. Los Altos and San Mateo do not provide funding for parklets, but include reduced application fees of $500 and annual parklet use fees of $100 and $250 per parking space for parklets. While San Francisco charges $2,500 in permitting fees for the first parking space and $1,250 for each additional parking space, it has suspended permit fe es until March 2023.

Permitting costs, funding sources and subsidies for each of these communities are summarized in Table 3.

Table 3: Permitting Costs, Funding Sources & Subsidies

Community Permitting
Costs
City/Town
Funding Y/N?
ARPA
Funding Y/N? Subsidy Amount
Los Altos $500
No No None
Los Gatos $4,800 No Yes
$1.9 million
for all permitting
costs, and
subsidize
engineering fees
and construction
material costs
San
Francisco
$2,500 -
$3,750 per
parking
space
Yes No
$500,000 for
$2,500 grants to
make parklets
code compliant
San Mateo $500 No No None

ARPA Funding

Should the City wish to provide funding to lower permitting or construction costs, it may consider the use of ARPA funds as a funding source. At the December 7, 2021, Council meeting, staf f stated that $2.53 million of ARPA funds could be considered for allowed uses, identifying potential parklet program support in the amount of $50,000 in Fiscal Year 2022. The City has until December 31, 2024 to commit these funds and until December 31, 2 026 to fully spend down the funds. ARPA funds could also be considered to subsidize costs for a design professional to prepare pre -approved parklet design options.

Staff has identified the following options to consider in potentially providing city fund ing and subsidies for a Permanent Parklet Program.

Option 1: Do not subsidize permitting and construction costs Parklet applicants cover all permit fees and construction costs with no financial assistance from the City. Minimum estimated permitting and construction costs are approximately $10,500 per parking stall.

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City Council Report - Permanent Parklet Program Page 9 of 10 Option 2: Funding of pre-approved parklet designs with reduce permit costs If the City establishes a Permanent Parklet Program with pre-approved parklet designs, the City would need to hire an engineering consultant to develop pre -approved parklet design options at a n estimated cost of $10,000 -$20,000 for such services. Consistent with the permitting approach used by several other cities, the City could also reduce the overall permit cost of t he parklets. Instead of applying the full permitting fee, the fee could be subsidized or reduced.

Option 3: Provide grants to applicants for construction costs Similar to programs used in Los Gatos and San Francisco, the City could provide grants to par klet applicants covering the construction costs of the parklets. A program that provides $2,500 each for 20 parklets would equate to $50,000.

Should a Permanent Parklet Program be established, Staff recommends the City pursue Option 2, using public funds to create pre-approved parklet designs, at a cost of up to $20,000, and establish reduced parklet permitting fees, and consider a potential grant program as identified under Option 3.

How and when should transition from temporary parklets to permanent p arklets occur?

Transition from Temporary Parklets to Permanent Parklets could have a defined date if a permanent program is approved for implementation by the City Council. Th e timeline would include approval of a zoning text amendment establishing outdoo r dining in parklets as an allowed land use, develop parklet design standards and a permit review process and allocate program funding.

The City could consider allowing b usinesses that apply for permanent parklets by a specified date to continue operating in their temporary parklets until construction of the permanent parklet begins.

If a Permanent Parklet Permitting Program is established, Staff recommends establishing a deadline for application so that an appropriate transition period can be considered to allow temporary parklet s to remain in place for businesses that have applied for the permanent program.

How should storage of restaurant furniture and equipment be addressed?

The question of restaurants storing their furniture, fixtures and equipme nt (FFE) during transition from temporary parklets to permanent parklets was asked during the Council’s special meeting on December 21, 2021. Options for council’s consideration include:

• City provides temporary storage pods to store FFE. PODS could be del ivered to the business location and then stored at a location determined by the City. • Businesses make their own storage arrangements and the City subsidizes or reimburses businesses for storage costs.
19 Packet Pg. 196
City Council Report - Permanent Parklet Program Page 10 of 10 • Businesses bare full cost of storage for their own FFE.

FISCAL ANALYSIS
The cost for the development of a standard design for permanent parklets is estimated at $20,000. The cost of subsidizing permit fees may be as high as $100,000. Funding could be made available by providing unallocated ARPA funds for this purpose.

ALTERNATIVES

1. Do not direct Staff to develop a Permanent Parklet Program and conclude the temporary parklet program on March 31, 2022.

2. Provide other direction to Staff for further analysis or consideration.

Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
19 Packet Pg. 197
City
Council
Report
TITLE: Accept Resignation of Carmen Lynaugh from the Bicycle and Pedestrian Advisory Committee (BPAC)

RECOMMENDED ACTION
That the City Council accept t he resignation of Carmen Lynaugh from the Bicycle and Pedestrian Advisory Committee and direct the City Clerk to advertise the Notice of Unscheduled Vacancy.

BACKGROUND
In 1994, the City of Campbell’s Bicycle Advisory Committee (BAC) was established in response to a Metropolitan Transportation Commission (MTC) requirement that cities establish bicycle advisory committees in order to remain eligible to receive Transportation Development Act (TDA) funds. On November 1, 2010, the City Council adopted Resol ution No. 11229 renaming the Campbell Bicycle Advisory Committee (BAC) the Campbell Bicycle and Pedestrian Advisory Committee (BPAC). The name change expanded the committee’s responsibilities while keeping the same number of committee members and maintaining the committee’s focus on bicycle concerns.

DISCUSSION
Campbell’s Bicycle and Pedestrian Advisory Committee Member Carmen Lynaugh, notified staff of her intent to resign her Committee seat effective December 31, 2021, due to her plans to move out of State. Attached is a letter from Committee Member Lynaugh stating her resignation. Staff recommends that the City Council accept the resignation and direct the City Clerk to prepare the Notice of the Unscheduled Vacancy with a term expiration of August 2024.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Prepared by:

Item: 20
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: January 18, 2022
20 Packet Pg. 198
Dusty Christopherson, City Clerk
Acceptance of Resignation from the BPAC - Carmen Lynaugh Page 2 of 2 Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resignation Letter Lynaugh BPAC_Redacted
20 Packet Pg. 199

20.a
Packet Pg. 200
Attachment: Resignation Letter Lynaugh BPAC_Redacted (Acceptance of Resignation from the BPAC - Carmen Lynaugh) City
Council
Report
TITLE: Approve Appointments to the Parks & Recreation Commission

RECOMMENDED ACTION
That the City Council approve the recommendation of the Advisory Co mmissioner Appointment Interview Subcommittee regarding appointments to the Parks & Recreation Commission for two four-year terms expiring December 2025.

BACKGROUND
Pursuant to Council Policy No. 1.9b regarding Advisory Commission Reappointments, current Commissioners were notified of their term expiration and notices of the upcoming vacancies were posted at City Hall, the temporary Campbell Library location and on the City’s website for a minimum of 60 days, with a closing date of December 20, 2021. Several social media posts were made to encourage interested individuals to apply.

Parks & Recreation Commission : The term s of Sherrie Doherty and Frank Beitz expired on December 31, 2021. Both incumbents submitted requests for reappointment and three new applications to serve were received by the City Clerk’s Office.

DISCUSSION
The Advisory Commissioner Appointment Interview Subcommittee ( Councilmember Bybee and Councilwoman Landry) met on January 12, 2022 and interviewed five applicants (Sherrie Doherty, Jacquie Davidson, Sung “Sandra” Murata, Olivia Rodriguez, Frank Beitz ) to fill the two four-year terms available on the Parks & Recreation Commission . The Advisory Commissioner Appointment Interview Subcommittee will report on the interviews and make reco mmendations regarding the appointments to the Parks & Recreation Commission.

FISCAL IMPACT
There is no fiscal impact as serving on this advisory commission is an unpaid position.

Item: 21
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: January 18, 2022
21 Packet Pg. 201
Approve Appointments to the Parks & Recreation Commission Page 2 of 2 Prepared by:

Dusty Christopherson, City Clerk
Approved by:

Brian Loventhal, City Manager
21 Packet Pg. 202

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION

This is t he section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Committees.

MAYOR RESNIKOFF:

City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Clean Water JPA
West Valley Mayors and Managers
West Valley Sanitation District
West Valley Sanitation Treatment Plant Advisory Committee** West Valley Solid Waste Authority JPA

VICE MAYOR BYBEE
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Cities Association of Santa Clara County Representative Downtown Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison

Association of Bay Area Governments (Alt.)
Cities Association Selection Committee & Legislative Action Committee (Alt.) Santa Clara County Expressway Planning Study Policy Advisory Board** Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)
Item: 22
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: January 18, 2022
22 Packet Pg. 203
Council Committee Reports Page 2 of 3

COUNCILMEMBER GIBBONS:

Association of Bay Area Governments Executive Committee** Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Santa Clara County Expressway Planning Study Policy Advisory Board** Silicon Valley Clean Energy JPA Board of Directors and Executive Committee (SVCE)

County Library District JPA Board of Directors (Alt.)
Santa Clara County Emergency Operation Area Council** (Alt.) SCC Housing and Community Development Advisory Committee (Alt.)

COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District: County Water Commission

Cities Association of Santa Clara County Representative (Alt.) Downtown Subcommittee (Alt.)
State Route (SR) 85 Corridor Policy Advisory (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Clean Water JPA (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
SCC Housing and Community Development Advisory Committee State Route (SR) 85 Corridor Policy Advisory Board
Valley Transportation Authority Policy Advisory Committee

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors Executive Committee (Alt.) West Valley Sanitation District (Alt.)

**appointed by other agencies
22 Packet Pg. 204
Council Committee Reports Page 3 of 3

Prepared by:

Dusty Christopherson, City Clerk

22 Packet Pg. 205
To: Honorable Mayor and City Council

Date: January 18, 2022
From: Dusty Christopherson, City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 2 – Minutes of December 16, 2021

Enclosed please find Desk Item 2 – Minutes of December 16, 2021 Council Special Meeting. This desk item includes a revised set of Minutes correcting the spelling of the names of some public speakers and correcting the Regional Housing N eeds Assessement (RHNA) 30% buffer target number. This Desk Item will be added to the public agenda packet online.

City of Campbell

MEMORANDUM
City Clerk’s Office

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Thursday, December 16, 2021 – 5:30 p.m.

City Hall Council Chamber – 70 N. First Street

NOTE: This Special meeting of the Campbell City Council was conducted pursuant to the Brown Act.

This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.

CALL TO ORDER

The City Council of the City of Campbell convened in session this special day of December 16, 2021.

ROLL CALL

UNFINISHED BUSINESS

Community Development Director Rob Eastwood presented the Staff Report dated December 16, 2021 stating the focus for this meeting is on location and density which will drive the E nvironmental Impact Review beginning in January 2022 with the deadline date being December 2022.

Councilmember Bybee stepped out of the room at 5:41 p.m. and returned at 5:44 p.m.

Minutes of December 16, 2021 City Council Meeting Page 2 and South of Campbell Avenue Area (SOCA) plans allowing for C-2 uses where governed by C -2, remov al of FAR restrictions by lot size, and reducing density/uses along Harrison Ave nue in the N OCA area , and for allowing C -2 uses where gover ned by C -3, removing FAR restr ictions by lot size, addressing height limits, and updating r elated use policies and design standards fo r the SOCA area. Senior Planner Rose reviewed the City ’s building intensities and how they compare to oth er South Bay cit ies, noting Staff’s recommendat ion to increase the City’s building intensities by .6 for most of the cities designations to bring them in line with other neighboring jurisdictions. Senior Planner Rose noted the changes to the residential density calculation method from the centerline of the street to using the four corners of a lot prior to any dedication of right-of-way.

Senior Planner Rose reviewed Council’s consensus on the draft General Plan Policy Sets noting a creation of a mixed-use zoning reducing reliance on the P-D, continue to allow drive-thru’s but to establish standards on whe n and where, do not include a research and development zone and reevaluate it as part of an overarching E conomic Development Plan , defer traffic study threshold s to a consultant, do not directly fund a s huttle system, and retain the existing Community Design Element.

In response to an inquiry, Senior Planner Ro se clari fied that FAR (Floor Area Ratio) is used in Campbell to describe commercial lots and is describin g how much of a building can cover the siz e of a specific lot; for residential properties, this is described in units per acre.

Community Development D irector Eastwood stated that Staff w ill provide additional information what a specific plan is and includes at the January 2022 Council meeting.

Dave H ogan, Consultant, M -Group reviewed the City ’s RHNA allocation and noted that with a n added 30% buffer the total unit s assigned to Campbell is 3,900. Mr. Hogan reviewed Staff’s methodology for identifying potential sites including re using previous ly sel ected sites, vacant sites, underutil ized sites, parking lots, faith based facilities, school sites, city -owned sites, and properties where the owners have expressed an interest. This methodology includes a lot of sites, and will serve as a beginning point to then be paired down as the work on the EIR is completed. State law requires the City to select sites that are better resourced. Mr. Hogan reviewe d the var ious residential densities and presented examples of what those densities look like once built out. In summary, Mr. Hogan noted that both the Planning Commission an d the City Council preferred placing densities near transit, revi talizing shopping centers, and along commercial corridors (which are described a s Options 3, 4, and 5 from the November 17, 2021 City Counc il Special Meeting ). From the November 17, 2 021 City Council meeting Council provided consensus to support a hybrid of Options 3, 4, and 5, and to provide more “missing middle ” units or townho mes in the existing neighborhoods, and to explore housing at the First Street Garage, the Campbell Technology Park. Mr. Hogan reviewed the Cit y’s public outreach to date and the community meeting feedback received.

Minutes of December 16, 2021 City Council Meeting Page 3 In response to an inquiry , Community Develo pment Direc tor Eastwood stated that Staff is re commending the addition of th e 30% site buffer to the RHNA allocation because it is highly unlikely the City will reach a 100% buildout of the selected sites, and this extra site selection provides room for the City to meet i ts required RHNA assignment. Community Development Director Eastwood not ed that Staff has removed from consideration sites which currently support the top sales tax generators for the City.

In response to inquiries, Senior Planner Rose stated that FAR is only related to commercial land uses and the City retain discretionary authority and the General Plan discusses the maximum ranges allowed. B y studying the maximum FAR in the EIR, it would eliminate the need for more study down the line on each project.

In response to inquiries, Community Development Director Eastwood not ed that unit size will be addressed as a tool to assist reaching the affor dable housing benchmarks and only number of units is needed to complete the EIR, but this is an area that will be discussed in greater detail as st rategies to meet the City ’s affordable housing targets.

Mr. Hogan rev iewed the Community Development Them es s taff utilized in selecting proposed sites including a mixed -use promenade on East Campbell Avenue, higher density mixed -use a round the Fry ’s Electronics site, creating a transit oriented area around the Winchester Ligh t Rail Station, revi talizing the San T omas Neighborhood Shopping Center, mixed -used developments a long major arterials and looking for ways to disperse opportunities throughout the City.

Mayor Gibbons opened the floor for public comment.

PUBLIC COMMENT
Eric Dykman, Dan Smith, Elena Baryshnikova, Allen Ishibashi, B. Wulff, Michael Stevens, Cassandra Owen, Jeanette Wulff, Dana Stevens, Thomas Colgrove, and Peter Young, Campbell residents, requested the Llewellyn site to re main at 20 units per acre or with townhomes only.

Tim Pasqaneli, Campbell Techn ology Park Owner, expressed a desire to have his property included in the housing s ites selected and would be o pen to some form of a land swap with the City.

Sarah Chaffin, Owner of property on S . Bascom and S . Winchester, expressed interest in developing her property into workforce housing.

James Sullivan, Campbell resident, stated that typical townhome development that would be worth while for a developer would need to be built at 16 – 24 units per acre.

Mike Krisman, Cam pbell resident, spoke of his concern with inclu ding the 30% buffer and for not charging impact fees to developers to support city services.

Kelly Snider, S an Jose S tate University Professor in Real Estate and Planning spoke of her c oncern r elating to solving the housing crisis and the City not

Minutes of December 16, 2021 City Council Meeting Page 4 meeting its affordability housing targets and encouraging the City to develop at 75 units per acre especially for sites like Hamilton.

Guilian Gao, Campbell resident, expressed support for low d ensity housing and for not including the Community Center in the site selection list.

Joanne Carol, Campbell resident, expressed concern r elating to parking and especially parking needs around the Light Rail station.

Carolyn Field, Campbell resident, asked not to have the Community Center and the Civic Center gravel lot included in the site selection list.

William Barron, Representative Staples site, express his desire to be included in the final site selection for development.

Scott Connelly, 32 0 Virginia Avenue Owner, expressed a desire to have his site included in the final site selection for development.

Mayor Gibbons closed the public comment.

Council recessed at 7:23 p.m. and reconvened at 7:38 p.m. with all members present.

UNFINISHED BUSINESS - CONTINUED
In response to inquiries, Geoff Bradley, Consultant, M-Group stated that at this stage in the process, it is too late to change the land use designation in certain spots throughout the City with the purpose of increasing resources to those areas to then quali fy an area as an AFFH preferred site. Senate Bill 10 would be an interesting tool to use to increase ho using stock for the “missing middle” but it would not be recommended to use t hose sites in the RHNA allocation because it is very difficult to predict how many will be developed, the Stat e also won’t allow a City to include density bonus’ in their site selection methodology either.

In response to an inquiry, Community Development Director Eastwood stated that it is staff’s intention to not move forward with the Community Center location on this final site selection list and bring back a broader discussion to Council relating to a Master Plan for the Community Center site.

Mr. Bradley presented the current housing opportunity sites with 6 different maps matching the themes for the housing opportunity sites.

Winchester Boulevard Map
Councilmember Lopez expressed support for the Winchester Boulevard map, noting that this area could supp ort a higher density and expressed an interest in including schools and day care sites.

Minutes of December 16, 2021 City Council Meeting Page 5 Councilmember Bybee expressed support for reviewing schools and day care sites, concerned about overall building height with higher densities , and not supportive of increasing the 30% buffer.

Councilwoman Landry was no t supportive of increasing the 30% buffer and is concerned by utili zing school properties as an increase in residents means an increase in students, supports mandatory mixed -use and higher densities in some areas only, not supportive of changing the industri al uses on Wi nchester Boulevard, and is not supportive of including the First Street Parking Garage.

Vice Mayor Resnikoff support ed increasing the 30% buffer, should not plan for school properties being develo ped, would support higher densities in pla ces like the Hickory Pit site, Fry ’s Electronics site, Culinary Institu te site, revitalizing the PetSmart Shopping Center site, supportive of mix ed-use styles to accommodate needed services and housing, not supportive of displacing current services.

Mayor Gibbons was generally supportive of mixed -use in certain places, expressed concerns relating to high density along Winchester Boulevard as there are single-family neighborhoods that are just behind those high density buildings, could be supportive of higher densit ies on the major corners along Winchester Boulevard, expressed concern that many large parcels held by priva te owners are not included on this map.

City Attorney Bill Seligmann clarified that the First Street Parking Garage is under restrictions th rough a previou s agreement and where parking needs to be available to residents in some fashion, but the how could be discussed.

Bascom Avenue Map
Council confirmed consensus for including the higher densities in the Pruneyard and Bascom areas.

Mayor Gibbons expr essed co ncern relating to the height of bui ldings along Bascom Avenue in relation to the single-family neighborhoods on the east side of Bascom Avenue.

Central Campbell Map
Council confirmed consensus for i ncluding higher densities at the Fry ’s Electronics site, the Staples site and for investigating a pedestrian bridge to the Hamilton Light Rail station.

Hamilton Avenue Map
Council confirmed consensus for keeping the Llewellyn site at 20 u nits per acre and for encouraging a mixed-use for the PetSmart site.

Vice Mayor Resnikoff requested staff reach o ut to the large site leases and property owners and inquire about the future of those properties, l ong term leases, interested in development etc.

Minutes of December 16, 2021 City Council Meeting Page 6 San Tomas Aquino
Councilmembers expressed concern about the placement of potential housing on the Grocery Outl et site and not ed that this area of th e City could be challenging for higher density options as there are many residential areas near by.

South Campbell
Mr. Br adley noted that this area of the C ity has the most potential for development of A ccessory D welling U nits, and Senate B ill 9 and 10 housing options.

Mayor Gibbons expressed co ncern with this map not including the larger individual parcels that cou ld support townhome development and support below market rate housing.

Camden Avenue
Council confirmed cons ensus for not supporting the Planning Commission recommendations on this map.

In conclusion, Community Development Director Eastwood stated that of the city- owned sites presented, Staff will move forward in analyzing the City Corp Yard site for viability and alternatives. St aff will conduct further property owner outreach and will return to Council with one final hou sing site selection meeting and will then begin the EIR process.

ADJOURN
Mayor Gibbons adjourned the meeting at 10:43 p.m.

APPROVED:

________________________
Paul Resnikoff, Mayor
ATTEST:

__________________________
Dusty Christopherson, City Clerk
To: Honorable Mayor and City Council

Date: January 18, 2022
From: Dusty Christopherson, City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 12 – Consultant Agreement for Procurement Services

Enclosed please find Desk Item 12 – Consultant Agreement for P rocurement Services.

This desk item includes an updated Re solution removing a duplicate clause and an updated Consultant Agreement. This Desk Item will be added to the public agenda packet online.

City of Campbell

MEMORANDUM
City Clerk’s Office

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT

WITH MANAGEMENT PARTNERS TO PROVIDE PROCUREMENT SERVICES AND

SERVICES ACCOUNT

WHEREAS, historically within the City of Campbell, purchasing has been decentralized amongst all City departments with some Purchasing Officer duties being assigned to the Deputy City Manager; supported by the Administrative Analyst and the Executive Assistant within the City Manager’s Office as well as Accounts Payable (AP) staff within the Finance Department; and
WHEREAS, with the retirement of the former Deputy City Ma nager in April 2020, the reclassification of the Deputy City Manager position to an Assistant City Manager position in Fiscal Year (FY) 2022 (yet to be filed), and the recent departure of the Administrative Analyst in October 2021, the Finance Director has temporarily assumed core Purchasing Officer duties; and
WHEREAS, the Finance Director has experience supervising purchasing divisions for other public agencies, but is not an expert in the field and recommends obtaining a qualified consultant to fully as sess the City’s policies, procedures, and systems, offer recommendations for revisions where necessary, and perform a needs assessment to determine the appropriate staffing resources and structure; and WHEREAS, Management Partners and their lead P roject Manager Pete Gonda are ideally suited to perform these duties; and
WHEREAS, the purchasing procedures outlined in the City’s Municipal Code (CMC) Section 3.20.030(4) state that bidding requirements may be dispensed with when “the City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required”; and WHEREAS, approval of the attached Request for Budget Adjustment form shown as Exhibit A to this resolution is necessary to support the proposed program expenditures.

PASSED AND ADOPTED this day of_________ , 2022 by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers

APPROVED:

___________________________
Paul Resnikoff, Mayor

ATTEST:

____________________________
Dusty Christopherson, City Clerk

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CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

WHEREAS, City desires to obtain consulting services for the purpose of fully assessing the City’s procurement policies, procedures, and systems, offer ing recommendations for revisions where necessary to bring into alignment with best practice, state and federal guidelines, and other related City policies, and perform ing a needs assessment to determine the appropriate staffing resources and structure to have an efficient and effective City procurement function; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said procurement consulting services;

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working rela tionships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance wi th the project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project ma nager for Consul tant shall be P ete Gonda. The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City a nd the City’s project coordina tor. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other mat ters related to the performance of this agr eement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as office rs or officials or employees or agents of t he City. The City s hall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific stan dards consistent with the requirements of this Agr eement without regard to the manner a nd means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contract or hereunder. Consultant represents and wa rrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and ( iii) is properly equ ipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5, codif ied at Labor Code section 2750.3, and shall indemnify, defend and hold ha rmless the City, its office rs, officials, directors, agents’ representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

2. DUTIES OF CITY

2.1 City shall furn ish to Consultant all available and pertinent data and information requested by Consultant to facilitate the prepa ration of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such -3-
information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City pr ompt written notice of any known or discovered defects in such data and information.

2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized t o act in its behalf.

2.3 City shall review documents submitted by Consulta nt and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

Part A: Fee for Purchasing System Assessment, will be billed a fixed amount not to exceed $61,000 as activities in the Exhibit A are completed. Each invoice shall describe the services completed.

Part B: Fee for As-Needed Professional Advice, will be billed on an hourly basis in an amount not to exceed $28,000.
a. Once each month, Consultant s hall submit for payment by City, an invoi ce for services performed during th e previous billing period. The invoice shall des cribe the services ren dered and t he title of the item of wo rk, and shall list labor hours by personnel classification. Sa id invoice shall be based on all labor and direct expense charges made for work perfor med on the project. Labor charges shall be in a ccordance with the f ee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object. b. Direct costs are those outside costs i ncurred on or directly for the project, and substantiated with invoices for the charges. Direct expenses inclu de printing, reproduction, and delivery charges.

3.3 City may order chang es in the scope or character of services in writing, including decreasing the amount of Consult ant’s services. In the event that the work is decr eased, Consultant is entitled to full compensation for all services performed and ex penses incurred prior to receipt of notice of change. Under no conditions shall Consultant make a ny changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change t o the work or services from that specified i n this Agreement is required, the contract time and/or actual costs reimbursab le by the City for the project may be adjusted by contract amendment or change order t o accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compe nsation) shall not be exceeded, unless a uthorized by written cont ract amendment or change order, approved and execu ted by the City. Consultant shall obtain prior written approval for a revised fee schedule from the City b efore exceeding such f ee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

3.4 In no event, will the Consultant be reimbursed for any cos ts or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assume d by Consultant under this Agreement. Where conflicts reg arding compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultant shal l be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall req uire and veri fy that all subcontractors maintain insu rance meeting all of the requirements stated herein, including naming the City of Campbell , its officers, officials, directors, agents representatives, volunte ers, and e mployees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notifi ed and will be ex pected to immedia tely cancel t he subcontract.

-5-

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 30 calendar days prior to an effective termination date. In the event of such termina tion, Consultant sha ll have the right and obligation to immediately assemble t he work then in progress for the p urpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of te rmination in accor dance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City , the Consultant wil l immediately act to not incur any additiona l obligations , costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement wi ll become property of t he City upon the t ermination date. In the eve nt of Consultant’s failure to perform pursu ant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the dif ference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages s ustained by City due to f ailure of the Consultant to perfo rm pursuant to -6-
the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termin ation, Consultant will have no further cl aims against the City unde r the Agreement. No other compensation will be payab le for anticipated profit on unperformed services.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discrimi natory employment practices on the basis of race, religiou s creed, col or, sex, national origin, handicap, sexual orientation, marital status , medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other cons ideration made unlawful by local, State or Feder al law, of any employee of, or applicant for employment w ith, s uch Consultant or subc ontractor.

City requires Consultant to
comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

a. That in the event one or more de fendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design profess ional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocat ion of those costs amongst the parties; and

b. Where a project -specific general liability policy i nsures all pr oject participants for general liability exp osures on a pri mary b asis and also covers all design professionals for their legal liability aris ing out of their professional services on a prima ry basis, then the re shall be no limitation on the d esign professi onal's dut y to provide a defense and cover t he City's cos t of defense.

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With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City ) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law fr om and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature , including att orneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or al leged to have been cau sed by or arise out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole n egligence or willful misconduct of City . City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to require indemnification by t he Co nsultant to a greater extent than permitted under the public policy of the State of Cal ifornia; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The defense and indemnity provisions obligations of this Agree ment are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemni ty provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there s hall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant wa ives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant s hall maintain insurance conforming to the follo wing specifications to the fullest amount allowed by law for a minimum of three ( 3) years following the termination or completion of this Agreement:

A. Types of Coverage
The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
-8-

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.

C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liabil ity: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or othe r form with a general aggregate limit is used, e ither the general aggr egate li mit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single lim it per accident for bodily injury and property damage.

3. Workers’ Compensation and Em ployer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident .

The Worker’s Compensation
policy must be endor sed with a waiver of s ubrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the Ci ty, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the -9-
City, its agents, officers, at torneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses r elated to investigations, claim administration, an d defense expenses. Policies containing a ny self -insured retention provision shall provide or be en dorsed to pr ovide that the self -insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, of ficers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consul tant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant . It is a requirement of this Agreement t hat any available insurance proceeds broader than or in exces s of the sp ecified minimum insu rance coverag e requirements and/or limits set forth in this Agreement sha ll be available to the City as an additional insured. Furthermore, the requirements for cov erage and limits shall be (1) the minimum covera ge limits spe cified in this Agreement, or (2 ) the broader coverage and maximum limits of coverage of any insurance pol icy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be pri mary insurance as respects th e City, its age nts, officers , attorneys, employees, officials and volunteers. Any insura nce or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the pol icies shall not affect coverage provided to the Ci ty, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consult ant's insuran ce shall ap ply s eparately to eac h insured against whom claim is made or suit is brought except with respe ct to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liabi lity Coverage: The insurer shall agree to waive all rights of subrogation against the City, i ts agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of t he polici es shall not affect co verage provided to the City; and unless otherwise approved by the City, e ach insurance policy required -10-
by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after t hirty (30) days prior written notice by regular mail has be en given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled o r reduced in coverage during the t erm of this A greement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors
Consultant agrees that any and all cont racts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to compl y with the same indemnity and insurance requirements set forth in this Agreement to the ex tent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as t he Consultant is bound to City under this Agreeme nt.

Subcontractors shall further agree to include these same provisions with any sub- subcontractor.

A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require al l subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing a ny work, and will provide proof of compliance to the City.

H. Acceptability of Insurers
Without limiting Consultant' s indemnification provided hereunder, the policies of insurance listed in Article 9.2 of thi s Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person a uthorized by that insurer to bind coverage on its behalf. The certificates are to be on for ms acceptable to the City. Where required by sta tue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prio r experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
-11-

10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heir s, executors, assigns and successors of Consultant.

10.2 Neither party may assign this Agree ment, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of servic es pursuant to this Agreement.

10.4 Neither party’s waiver of any term, condit ion or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement betw een City and Consultant relating to the project an d the provision of services to the project. Any prior agre ements, promises, negotiations, or representations not expre ssly set f orth i n this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or c ovenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce able, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be f or a one (1) year period, unless terminated sooner in acco rdance wi th the contract. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.10 Consultant owes the C ity a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or p articipating in activities that conf lict with the City’s interests in respect to the work and/or services and project. The Cons ultant sh all list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performanc e of serv ices u nder this agreement . Consultant sh all not make or participate in making or i n any way atte mpt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indire ct financial in terest other than t he compensati on promised by this Agreement. -12-
Consultant wi ll immediately advise the City if Consultant learns of a financial interes t of Consultant's during the term of this Agreement.

10.11 City is a public agenc y subject to the di sclosure requirements of the Californi a Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claim s that such information falls within one or more CPRA exem ptions, C onsultant m ust clearly ma rk such infor mation “Confidentia l and Proprietary,” and identify the speci fic lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant pr ior to such disclosure. If Consultant contends that any documents are exemp t from the CPRA a nd wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa C lara County before the Ci ty is required to r espond to the CPRA request. If C onsultant fails to obtain such remedy w ithin the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it sh all defend, i ndemnify and hold C ity harmless against any c laim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that m ay result from denial by City of a CPRA request for inform ation arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither par ty hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obliga tion is pr evented or delayed by an act of God, natural di saster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of th e respective Parties. Each party hereto shall gi ve notice promptly to the other of the natur e and extent of any Force Majeur e claimed to delay, hinder or prevent perfo rmance of the services under this Agreement. Each Party will, however, m ake all reasonab le efforts to remove or eliminate such a cause o f delay or default and will, upon the cessat ion of the ca use, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the perfo rmance of its re spective obligation by reason of such Force Maje ure, there may be an equi table adjustment of the schedule and Consultant com pensation based on City’s sole discretion.

10.14 Consultant war rants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signat ures serve to legally obligate their -13-
respective representatives, agents, successors and assi gns to comply with the provisions of this Agreement.

10.17 This Agreem ent is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maint ained in a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of w hich, together, shall constitute one and the same i nstrument. A scanned, electronic, facsimile or other copy of a party’s sign ature shall be accepted and valid as an original.

11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell
Attention: Will Fuentes
70 North First Street
Campbell, CA 95008

CONSULTANT: Management Partners
Attention: Pete Gonda
2107 North First Street, Suite 470
San Jose, CA 95131

[SIGNATURES ON FOLLOWING PAGE]
-14-

Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT

/s/__________________________________

Name_Jerry Newfarmer

Title_President and CEO _______________

CITY OF CAMPBELL

/s/__________________________________

Name_Brian Loventhal_________________

Title_City Manager ___________________

Approved as to Form

/s/__________________________________
City Attorney

Name_William Seligmann ______________

-15-
Exhibit A - Scope of Services and Fees

For detailed Scope of Services, please see pages 2 to 5 of attached Consultant proposal dated October 29, 2021 and incorporated by reference into this agreement.

Consultant fees are outlined for both Part A and Part B below. Part A will be on a fixed fee basis and Part B on an hourly basis.

Part A: Fee for Purchasing System Assessment
Consultant will complete the plan of work described in attached proposal dated October 29, 2021 for Activities 1 through 5 working remotel y, unless an onsite presence is needed and permitted by public -health guidelines related to the pandemic. The cost of t his project for A ctivities 1 through 5 is $37,500, which includes all fees and expenses. Opti onal activ ities A and B are separately priced in the table below and would add $23,500 for a total project cost of $61,000.

Part B: Fee for As-Needed Professional Advice
Consultant proposes an initial not- to-exceed contract in the amount of $28,000. During this engagement, the actual Consultant hours wil l be paid by the City of Campbell at a rate of $170 per hour plus mileage for lead consultant Pete Gonda. This is a discounted rate for Pete Gonda in recognition of the anticipated length of the engagement. O ther consultants will be provided at their regular hourly rates plus travel expenses, ranging from $90 to $240 per hour depending on the individual assigned to the project. The following table indicates the hourly rates for the individuals listed in this proposal and for other associates in the Consultant’s firm:

To: Honorable Mayor and City Council

Date: January 18, 2022
From: Dusty Christopherson, City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 18 – Local Declaration of Emergency Resolution

Enclosed please find Desk Item 18 – Local Declaration of Emergency, clerical correction to the signature line of the Resolution. This Desk Item will be added to the public agenda packet online.

City of Campbell

MEMORANDUM
City Clerk’s Office

RESOLUTION ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C AMPBELL

CONTINUING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19

1. On March 11, 2020, the World Health Organization characterized the COVID -19 outbreak as a pandemic.

WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the City; and
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor’s Proclamation; and WHEREAS, on March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City, at which time the City Council was not in session but was ratified and confirm ed by the City Council on March 17, 2020; and
WHEREAS, on March 17, 2020 the first public health order issued by the Santa Clara County Public Health Officer went into effect, requiring the sheltering in place of all residents in the County, and only allowing a defined set of essential activities and businesses . Since that date sixteen additional public health orders have been issued, each updating the type of allowable activities and risk reduction measures, most recently on August 2, 2021; and WHEREAS, as required by Government Code 8630(c) the City Council reviewed the need to continue the local emergency declaration every 60 days until conditions warrant termination. The local emergency declaration has been extended in calendar year 2020 on May 5, July 24, September 15, November 2, and December 15 . In calendar year 2021 on February 2, April 6, June 1, August 3, September 21, October 19.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that:

1. The City Council has revi ewed the need for continuing the declaration of local emergency ratified and confirmed on November 16, 2021 and finds based on substantial evidence that the public interest and necessity require the reinstatement and continuance of the proclamation of local emergency related to COVID-19.

2. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Campbell.

3. The Director of the Office of Emergency Services is hereby directed to report to the City Council within sixty (60) days on the need for further continuing the local emergency.

PASSED AND ADOPTED this ______ day of ____________ 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Paul Resnikoff, Mayor

ATTEST:

_______________________________
Dusty Christopherson, City Clerk
To: Honorable Mayor and City Council

Date: January 18, 2022
From: Dusty Christopherson, City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 19 – Correspondence – Permanent Parklet Program

Enclosed please find Desk Item 19 – Correspondence relating to the Permanent Parklet Program consideration. This correspondence was received by the City Clerk’s Office prior to 3:00 p.m. today, January 18, 2022. This Desk Item will be added to the public agenda packet online. Any additional public comments will be added to the public agenda packet following the Council meeting.

City of Campbell

MEMORANDUM
City Clerk’s Office

From: Paul Resnikoff
To: Dusty Christopherson; Andrea Sanders
Subject: Fwd: In support of permanent parklet program in downtown Campbell Date: Tuesday, January 18, 2022 9:21:50 AM
From: Randy Musterer
Sent: Monday, January 17, 2022, 7:56 PM
To: Paul Resnikoff
Cc: Paul Resnikoff; Randy Musterer
Subject: In support of permanent parklet program in downtown Campbell To Mayor Resnikoff
I am in FULL SUPPORT of a permanent parklet program in downtown Campbell.

I have read
through the city council report regarding this topic and wanted to provide some feedback from a restaurant owner's perspective.

Pre-approved Parklet Design or City Built with the
ability to add additional modifications
would be best for the city and business owners. First off, many business owners are struggling managing the day to day operations with their current operations due to lack of staff, continued navigation of COVID safety precautions, and the challenges with our supply chain.

Second, not all restaurant owners have the ability easily seek out architecture firms or construction companies to successfully build these parklets. Having the city provide as much uniformity to the parklets (at least the base design and build of the parklets), will help streamline the process for both the city and business owners. I do like the idea of creating a base parklet design but also allowing each business to decide if they want to add specific lighting, a solid roof, or specific siding to make their parklet unique and conform with the brand of their restaurant.

Regarding fees for the parklets, I would agree with Option 2; yearly fees paid to the city to occupy the parking spaces.

Keep in mind that the parklets should increase the capacity of the seating, therefore, bring in more sales for the business and taxes for the city. So the city should be making more on a yearly basis due to the parklet.

As you are aware, restaurants have been hit the hardest during the pandemic. Any city funds or grants that can be used to help subsidize the permit fees, design, and build of the parklet would be financially beneficial to restaurants. This pandemic is not over, and we are unsure how long this continued negative impact will be stressing our restaurants.

As I mentioned last month, I believe the transition from temporary to permanent parklet construction should be as short as possible. The most important reason is staffing and operational purposes. It is extremely challenging to find staff to work. However, now that most of us are staffed up (aside from this challenging Omicron surge), I would hate to lose valuable outdoor seating, therefore decreasing sales, requiring us to lay off staff.

It is not fair
to our hard working employees to be risking their health to work in the restaurant business during the pandemic, then, to have to let them go because the footprint of our businesses has now decreased.

Also, the message to our community is that the city does not value outdoor

From: sean mendelson
To: Clerks Office
Subject: Climate Action Plan ideas
Date: Tuesday, January 18, 2022 8:17:06 PM
Attachments: Climate Action Plan ideas for Campbell.docx WARNING: This email originated from an external sender! Please do not open attachments or click on links unless you are certain it is legitimate.

Dusty the Campbell Clerk,
I spoke Tuesday Jan. 18th to the city council about the city making a Climate Action Plan. I would like to meet with the mayor and City Manager to discuss ASAP. Here is a one page document outlining ideas for a CAP as long as pertinent links with resources. Please send to all council member, mayor, town manager, and city planner. Also, please let me know once you have done this They are welcome to e-mail me here or call
Thanks
Sean Mendelson
Campbell resident.

Climate action plan ideas for Mayor, City Council, City Planner and City Manager I, Sean Mendelson , spoke to Campbell City Council about making a resolution to make a Climate Action Plan on Tuesday January 18th, 2022. I was trained for a week by Al Gore and other scientists to become a Climate Reality Leader in October 2021. For the sake of my kids and all future generations of kids, I speak to you as a Campbell resident of 13 years. Floods, fires, and atmospheric rivers are already a given for the next 30 years. We have to start planning now to avoid further catastrophe. We have the solution to stop Climate Change but we have to move fast.

Federally they want to cut greenhouse gases 52% by 2030. But because scientists say we have to that globally, I think we need to push even further by 2030. 2050 doesn’t matter if we don’t this done by 2030. Fossil fuel combustion in buildings, mostly for heating, is responsible for about 13% of greenhouse gas emissions in the United States, according to 2019 figures from the U.S. EPA.

Also, what we in t put into the atmosphere directly effects third world countries disproportionately. Presently, 10 million people are being forced to migrate from uninhabitable parts of the world if things don’t change we’re looking at 14 times that in 2050.

This approach will benefit local businesses and the local economy—and how much more costly it will be not to act quickly now. I’ve pasted in a link below on how costly delay can be and how financial institutions are recognizing that bolder action is needed. Great if we can engage Campbell businesses like Chargepoint! From Chare Point’s Senior manager of Public Policy, Cesar Diaz: “We’ll review any proposals that are being discussed or when appropriate provide to information about EVs and EV infrastructure” Also look at the link to Morgan Hill, our similar sized city, and their CAP. I will form a committee of mostly Campbell residents to work on this.

Action plan should include but not be limited to:
-Equity…..Everyone should benefit from going electric and solar in the community. The under represented part of the community, whatever that may be should be fully engaged. -Promoting 100% clean energy, Increase solar, increase electricity storage. -Reduce energy consumption in building. There is a giant office building lit up at night with no one working in it off of highway 17….this is so easy to fix. -ALL ELECTRIC NEW CONSTRUCTION
-ZERO EMISSION VEHICLE
-Promote sustainable goods and services….farmers market. Buy local. -Enhance community awareness(I, Sean Mendelson, can make a presentation) -NEED to REDUCE NATURAL GAS in COMMERCIAL and RESIDENTIAL

Engage local elected leaders - The Climate Center 1)endorse climate-safe California.

The positive financial impact of making changes now:
- Political Economy Research Institute https://www.peri.umass.edu/images/CA- EconRecProgram-6-12-20 Final.pdf p. 13-20
How to make a climate action plan Preparing a Climate Action Plan and Setting Priorities | Climate Neutral Research Campuses | NREL
All Cities with Climate Action Plans - Zero Energy Project to find similar city Local Government Actions for Climate Change | California Air Resources Board Actual tools for city Climate Action | City of Morgan Hill, CA - Official Website Best layout and graphs for community. SAME SIZE as Campbell.

M 408-761-7341
E [email protected]
W www.sushiconfidential.com
From: Liz Gibbons
To: Dusty Christopherson
Subject: Fwd: Morgan Hill parklets
Date: Wednesday, January 19, 2022 10:05:49 AM
Attachments: Parklet Pilot Program Manual and Application 10.2020.pdf Sushi Confidential Parklet Streetview.docx
Guidelines for tents and heaters.pdf
Dusty, please include in council packet update.

TY
Elizabeth “Liz” Gibbons, AIA, LEED AP
Councilmember, City of Campbell
Past AIA Strategic Counselor, At-Large
Sent from my iPhone
Begin forwarded message:

From: Randy Musterer
Date: January 17, 2022 at 9:56:59 PM PST
To: Liz Gibbons <[email protected]>, Randy Musterer
Subject:

Morgan Hill parklets
Hi Liz
Please see email below along with links and attachments. One of the attachment is similar to what you have found as well.

Morgan Hill is still in the process in formulating the permanent designs. But attached is what they recently send me. I do like the cement barriers they are choosing to you.

photo Randy Musterer
Founder | CEO at Sushi Confidential

Sent from my iPhone
Begin forwarded message:

From: Hilary Holeman <[email protected]> Date: December 14, 2021 at 8:08:01 AM PST
To: Randy Musterer
Cc: Edith Ramirez <[email protected]>, Matt Mahood <[email protected]>, Brittney Sherman <[email protected]>
Subject: RE: [EXTERNAL] Follow up - Parklets
Good Morning Randy,

Attached is the current long term Parklet Manual including the application.

These guidelines are for a 3-year more robust installation that requires decking and the installation of structurally engineered traffic barricades that can withstand 500 lbs. of horizontal force. We have one option that has been
approved with proper anchoring or you can design your own and have an engineer approve them for the required rating.

You are already approved for a temporary Al Fresco parklet, that can be installed through December 2022. The City will install the orange water filled barricades per the attached photo, all we need is a week notice to schedule the work. I have attached the tent and heater guidelines for such parklets.

I am sure Edith mentioned we are returning to City Council on January 19th to receive more direction on parklets and traffic calming Downtown. Also attached are the parklet renderings the architectural architect, AP+I, is designing for our report back to Council. The end goal is for AP+I to provide us with an approved parklet “kit of parts” for businesses to choose from. More information to come on this…

Please let us know if you have any questions.

Thanks,
Hilary

From: Edith Ramirez <[email protected]>
Sent: Tuesday, December 14, 2021 6:55 AM
To: Randy Musterer Hilary Holeman
<[email protected]>
Subject: Re: [EXTERNAL] Follow up - Parklets

Hi Randy!!

Hilary, copied herein, will send you the formal parklet application and the

M 408-761-7341
E [email protected]
W www.sushiconfidential.com
designs from AP+I this morning.

Edith

Get Outlook for iOS
From: Randy Musterer
Sent: Monday, December 13, 2021 11:15 PM
To: Edith Ramirez; Randy Musterer
Subject: [EXTERNAL] Follow up - Parklets

Hi Edith

Hope all is well. I wanted to follow up regarding the parklets. You had mentioned you were going to send over a few documents/applications.

Thanks!

--
photo Randy Musterer
Founder | CEO
at Sushi Confidential

WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page | 3

Morgan Hill Parklet Pilot Program Pg. 4
About Parklets
Program Goals
Parklet Standards and Responsibilities Pg. 5
Location Criteria
Parklet Eligibility
Parklet Cost
Basic Requirements
Parklet Standards
Parklet Application Process Pg. 11
Preliminary Application
Encroachment Permit
Contacts
Application

Page | 4

About Parklets
A parklet activates the street by replacing one or more on-street parking spaces with pedestrian oriented amenities such as seating, planting, and/or elements of play.

Program Goals

Support downtown
Businesses by adding
unique opportunities in
the public sphere.

Slow down traffic.
1 2

Make downtown
interesting and vibrant.
3 Promote walkability.
4 Support the downtown
strategies outlined in
the Economic
Blueprint, Station Area
Master Plan, Downtown
Specific Plan,
Placemaking
Investment Strategy, &
2035 General Plan.
5 Page | 6

Parklet Cost
Before installing a parklet there are costs that should be taken into consideration:

1. Parklet Cost. Parklets can range in cost. The typical parklet with a platform (materials and installation), planters, tables, and chairs is approximately $16,000.

2. City Fees. The City will require an Encroachment Permit which costs $615. A refundable deposit of $2,000 is required when playing for the encroachment permit. This deposit will be returned when the parklet owner has completed their term with the parklet program and restores the parking stall to its original condition.

3. General Liability Insurance. General liability insurance of up to $1,000,000 in coverage is required to receive an Encroachment Permit. General Liability insurance can range from $300 to $1,000 a year.

4. Maintenance and upkeep. This will vary project by project but should be taken into consideration as the parklet will need to be kept in good repair year-round.

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✓ Drainage

1. Parklets cannot impede the flow of curbside
drainage.

2. All parklets must provide access through the
parklet platform to the gutter adjacent to the
curb.

3. A six-inch by six-inch minimum clear gutter
space must be provided along the entire
length of the parklet adjacent to the curb.

Barrier adjacent to vehicle lane should
incorporate two six-inch clearance paths
(see drainage image on page 8)

Additional Standards for Platform Parklets

CITY OF MORGAN HILL
Preliminary PARKLET APPLICATION
Please complete the following parklet proposal form and submit in person at City Hall to Economic Development Staff or by email to: [email protected]
Applicant Information Date:______________________

Name: _________________________ Business/Organization: _____________________________

Business/Organization Address________________________________________________________

Email: _______________________________ Phone: ________________________________ Proposed Parklet Location
Nearest Street Address:
______________________________________
Neighboring Businesses:
______________________________________
Date Public Notification Sign Up:
______________________________________
I acknowledge this is the preliminary application
and will apply for the encroachment permit if this
preliminary application is approved. No work on
the parklet shall begin until an encroachment
permit is issued.
______________________________________
Applicant Signature

Staff Use ONLY Additional Parklet Information
Please attach ALL of the following materials

Photos of Site
Include 3 photos showing the proposed parking
space(s) to be converted into a parklet. The three must show the parking space from across the street and one
photo from each end of the proposed parklet.

Project Description
Submit a project description of your proposed
parklet. The description should include the general
parklet concept, how the applicant envisions activating the parklet and any potential programming that is
envisioned.

Initial Site Plan
Provide a detailed and measured drawing of the
parklet, sidewalks, etc. See page 10 of the Parklet Pilot Manual for details of what must be included in the Initial Site Plan.

Staff Use Only
Application Complete: Yes No Date Received: ______________ Approved: Yes No Reviewer: ______________________________________Date Approved: _________________________ Comments:__________________________________________________ Fees Collected: ____________

GUIDELINES FOR

TENTS & HEATERS

Approved Tents / Membrane Structures
When are Permits Required?
Temporary structures covering an aggregate of over 700 square feet without walls or 400 square feet with a single wall will require the Fire Marshal to permit and inspect. 2019 CFC Section 3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official.

Required Labeling / Material

2019 CFC Section 3104.3 Label. Membrane structures or tents shall have a permanently affixed label bearing the identification of size and fabric or material type.

[California Code of Regulations, Title 19, Division 1, §334.] Requirements Pertaining to All Tents.

All tents manufactured for sale in California shall be labeled in accordance with the appropriate provisions of California Code of Regulations, Title 19, Division 1, Section 335.

Fabric Certification and Labeling for LARGE Tents (A tent designed for use by 10 or more people.):
[California Code of Regulations, Title 19, Division 1, §335.(a) and (b)] Labeling of Tents. (a) Each section of top and sidewall in large tents shall have a durable label, permanently affixed, bearing the following information:
(1) The Seal of Registration.
(2) If treated fabric, the name and registration number of the approved application concern and approved chemical used, and the date of treatment.
(3) If registered fabric, the trade name and registration number of the approved fabric, and the date of production.

In lieu of attached labels, the required information may be applied directly to the fabric by print, stamp or stencil.

Fabric Certification and Labeling for SMALL Tents (A tent designed for use by less than 10 people.):
(b) Small tents shall have a permanently affixed label bearing the information in California Code of Regulations, Title 19, Division 1, Section 335, subsection (a), or shall comply with the provisions specified in CPAI-84 (1975) which reads as follows:
(1) Certification. A statement that the materials used in the manufacture of the item meet the flame resistance requirements of CPAI-84.
(2) Manufacturer Identification. An identification of the manufacturer of the item. If the item bears a private
label, it shall identify the private labeler and shall also contain a code mark which will permit the seller of the item to identify the manufacturer to the purchaser upon request. (3) Code Number. A number enabling the manufacturer to identify from his records the suppliers and suppliers’ lot numbers of the certified materials used in the item.

The manufacturer shall also maintain records identifying the parties to whom he sold camping tentage.

Further, he shall maintain records identifying items manufactured from lots of certified material. Records shall be maintained for four (4) years.
(4) Warning label.
24 pt. type

WARNING
16 pt. type

KEEP ALL FLAME

AND HEAT SOURCES

AWAY FROM THIS

TENT FABRIC
12 pt. type
This tent is made with flame-resistant
fabric which meets CPAI-84
specifications. It is not fire proof.

The fabric will burn if left in continuous
contact with any flame
source.

The application of any foreign substance
to the tent fabric may render
the flame resistant properties
ineffective.

This warning label or its equivalent must be permanently affixed to the tent at one conspicuous location,
and must block letters on a white background. The first paragraph of the body of the label must be placed in a
conspicuous location on each carton containing the
tent

Campbell City CouncilJanuary 18, 2022

Campbell City Council
January 18, 2022