Agenda, regular meeting — Campbell City Council, June 21, 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. A quorum of the City Council will be in attendance at the City of Campbell City Hall.

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.

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, June 21, 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

1. Proclamation Recognizing the Efforts of the Friends of Children with Special Needs
Recommended Action: That the City Counci l issue a proclamation recognizing the Friends of Children with Special Needs for their volunteer efforts and contributions in maintaining and improving City of Campbell parks.

2. Proclamation Declaring June 2022 as Lesbia n, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month

Recommended Action: That the City Council approve a proclamation declaring June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City of Campbell.

3. Receive an Update from Valley Water on the P roposed Purified Water Pipeline Project
Recommended Action: That the City Council receive an update from Valley Water on the proposed Purified Water Pipeline Project.

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.

4. Minutes of City Council Regular Meeting of May 17, 2022 Recommended Action: Approve the Regular Meeting minutes of May 17, 2022.

5. Minutes of City Council Executive Session Meeting of June 7, 2022 Recommended Action: Approve the Executive Session Meeting minutes of June 7, 2022.

6. Minutes of City Council Regular Meeting of June 7, 2022 Recommended Action: Approve the Regular Meeting minutes of June 7, 2022.

7. Second Reading of Ordinance No. 2283 Amending Sections 6.10.015,

6.10.030 and 6.10.180 of the City of Campbell Municipal Code to Add Provisions Regarding the Use of Compliance Agreements in Code Enforcement (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve second reading to adopt Ordinance No. 2283 amending Sections 6.10.015, 6.10.030, and 6.10.1 80 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.

8. Authorization to Execute a Ninth Amendment to the Agreement with the County of Santa Clara for the Abat ement of Weeds (Resolution / Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute a ninth amendment to the Agreement with the County of Santa Clara for abatement of weeds.

9. Authorization t o Issue a Request for Proposals fo r Water Bottle Refill Station Procurement and Installation (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the issuance of a Request for Proposals (RFP) for the purcha se and installation of water bottle refill stations at various locations and authorizing the City Manager to award and execute the contract in an amount not to exceed $120,000.

10. Second Reading of Ordinance No. 2284 Adjusting City Council Compensation (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading to adopt Ordinance No. 2284 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

11. Accept Resignation of Dusty Christopherson from the Position of City Clerk
Recommended Action: That the City Council accept the resignation of Dusty Christopherson from the position of City Clerk.

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.

12. Adoption of Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five- Year Capital Improvement Plan (CIP) and Establishment of the Appropriations Limit for FY 2023 (Resolutions/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution adopting the Fiscal Year (FY) 2023 City Operating and Capital budgets, including transfers, in the amounts of $111,760,897 and $48,376,052, for a combined total budget of $160,136,949; and adopt a Resolution adoptin g findings that the proposed FY 2023-2027 Capital Improvement Plan (CIP) projects are categorically exempt under the California Environmental Quality Act (CEQA) and are consistent with the City’s General Plan; appr oving the five -year Capital Improvement Pl an with projects totaling $90,665,463; including new capital projects of $4,684,155 and $44,548,880 as the amount necessary to meet the capital requirements of the City in FY 2023; directing staff to incorporate wi thin the final adopted and published FY 20 23 budget document any changes or adjustments pursuant to this public hearing and any other minor corrections prior to the budget’s final publication; and adopt a Resolution establishing the Appropriations Limit fo r FY 2023 at $86,662,718 pursuant to Article XIIIB of the California State Constitution.

NEW BUSINESS

13. Consideration of Assembly Bill (AB) 2181 (Berman) - Santa Clara Valley Transportation Authority: Board of Directors
Recommended Action: That the City Council receive the staff report on Assembly Bill 2181 and provide direction to staff, as needed.

UNFINISHED BUSINESS

14. Resolution Authorizing the City Manager to Execute an Agreement with Shums Coda for Permit Technician Staffing Services in an Amount Not to Exceed $120,000 and Dispense with Bidding Requirements (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizin g the City Manager to execute an agreement with Shums Coda for Permit Technician Staffing Se rvices in an amount not to exceed $120,000 and to dispense with bidding requirements.

COUNCIL COMMITTEE REPORTS

15. 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 wit h the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95 008, 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 following the last item of 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, listening assistive 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 one week in advance of the meeting.

City
Council
Report

TITLE: Proclamation Recognizing the Efforts of the Friends of Children with Special Needs

RECOMMENDED ACTION

That the City Council issue a pr oclamation recognizing the Friends of Children with Special Needs for their volunteer efforts and contributions in maintaining and improving City of Campbell parks.

BACKGROUND

Friends of Children with Special Needs (FCSN) was founded in 1996 by ten famil ies of children with special needs. FCSN has grown to include more than 1,000 families in membership. FCSN is headquartered in Fremont, with a satellite office located at 1029 S. Bascom Ave. in San Jose. They serve more than 300 clients with special needs on a daily basis. At the San Jose location, they also operate a “Friends Coffee and Tea” with the goal of providing community integration and employment opportunities for their special needs clients.

FCSN provides many holistic programs and services such as adult day programs, living services, therapeutic programs, summer camps, after school programs, family support groups, and advocacy and resources for those with special needs.

DISCUSSION

In May 2017, a collaborative effort was initiated that included the City of Campbell, the West Valley Rotary Community Corps, and FCSN that allowed for the special need adults working through FCSN to help maintain and to beautify various City of Campbell parks. The primary focus of their efforts since that time has be en Edith Morley and John D. Morgan parks. From time to time, the special need adults also assist at other parks.

In addition to their regular maintenance activities, the group has also refinished all the picnic tables and benches at Edith Morley Park. The FCSN group has beg un providing maintenance support at the Edith Morley Community Garden. The group working at John D. Morgan Park continues to assist with regular maintenance and litter pick up.

Over the last five years, special need clients, FCSN clien t-supervisors, and volunteers from the West Valley Rotary Community Corps have provided more 5,000 hours of community service to their communities. It is important to note that the efforts of FCSN Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: June 21, 2022
1 Packet Pg. 5
Recognition of the Friends of Children with Special Needs Page 2 of 2 and their volunteers have continued throughout the pandemic. During these challenging times, the volunteers continued to make contributions that kept the Edith Morley and John D. Morgan parks clean, serviceable, and available for community use.

Most recently, FCSN and its volunteers were an integral part of the C ity’s Arbor Day event, held at the Campbell Park on April 29, 2022. At this event, volunteers assisted with the planting of seven new trees and were recognized at the event by the Mayor.

The City would like to take this opportunity to recognize the hard w ork and dedication to community service provided by the Friends of Children with Special Needs and to thank them for their continued involvement in maintaining and improving the City’ parks.

Prepared by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Proclamation - FCSN
1 Packet Pg. 6

PROCLAMATION OF THE

MAYOR OF THE CITY OF CAMPBELL

WHEREAS, the Friends of Children with Special Needs (FCSN) is a nonprofit organization founded in 1996 with the goal of providing community integration and employment opportunities for their special needs clients; and,

WHEREAS, FCSN volunteers have worked collaboratively with City staff over the past five years to improve and help maintain the City ’ parks which has resulted in high-quality park facilities for the community; and,

WHEREAS, FCSN has co ntinued these efforts over the past two years , through the COVID-19 pandemic , continuing their work at Edith Mor ley and John D. Morgan parks, ensuring that the se parks remained in good condition and accessible to the community at all times; and,

WHEREAS, these efforts have included planting trees and shrubs, spreading mulch, raking leaves, cleaning picnic tables, picking up litter , and repairing and replacing broken park amenities; and,

WHEREAS, these efforts have improved the quality of life not only for residents of the Campbell community, but also for the volunteers themselves by providing opportunities to integrate into the community and demonstrate the val ue of the ir work; and,

WHEREAS, FCSN volunteers provided volunteer labor services planting trees and were recognized at the City ’s most recent Arbor Day event at Campbell Park held on April 29, 2022; and,
NOW, THEREFORE, I, Paul Resnikoff, Mayor of the City of Campbell, do hereby recognize and commend the contributions made by the Friends of Children with Special Needs both by the organization and by the volunteers themselves for their efforts over the last five years in maintaining and improving various City parks and contributing to the overall health, safety, and quality of life in the Campbell community.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 21st day of June, 2022.

________________________________
Paul Resnikoff, Mayor
City of Campbell, California

1.a
Packet Pg. 7
Attachment: Proclamation - FCSN (Recognition of the Friends of Children with Special Needs)

City
Council
Report

TITLE: Proclamation Declaring June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month

RECOMMENDED ACTION

That the Cit y Council approve a proclamation declaring June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City of Campbell.

DISCUSSION

Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month is currently celebrated each year in the month of June. The movement towards equal rights for LGBTQ+ people, began with a historic turning point which occurred on June 28, 1969, in New York City, with the Stonewall Riots. An event that continues to inspire us to live up to our Nation’s promise of equality, liberty, and justice for all.

Pride Month is both a jubilant communal celebration of visibility and a personal celebration of self -worth and dignity. During this month we are reminded that our remarkable diversity is a gift that makes all of us stronger. We celebrate the resilience of the LGBTQ+ community and their hard -won victories to advance acceptance and equality and we stand together to defend and build on the progress of the LGBTQ+ community toward a better, more inclusive, and safer future for all of us.

The City of Campbell recognizes the valuable contributions of LGBTQ+ individuals in our community and we reaffirm our commitment to standing in solidarity with the LGBTQ+ community.

FISCAL IMPACT

There is no fiscal impact associated with approving this proclamation.

Prepared by:

Dusty Christopherson, City Clerk
Item: 2
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: June 21, 2022
2 Packet Pg. 8
Proclamation LGBTQ Pride Month June 2022 Page 2 of 2

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Proclamation - LGBTQ+ Pride Month 2022
2 Packet Pg. 9

PROCLAMATION OF THE

MAYOR OF THE CITY OF CAMPBELL

WHEREAS, Pride Month is currently celebrated each year in the month of June; and

WHEREAS, the movement toward s equal rights for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people, began w ith a historic turning point which occurred on June 28, 1969, in New York City, with the Stonewall Riots , an event that continues to inspire us to live up to our Nation’s promise of equality, liberty, and jus tice for all; and

WHEREAS, pride is both a jub ilant communal celebration of visibility and a personal celebration of self -worth and dignity, this Pride Month we recognize the valuable contributions of LGBTQ+ individuals across Campbell and we reaffirm our commitment to standing in solidar ity with LGBTQ+ persons in their ongoing struggle against discrimination and injustice.

WHEREAS, the City of Campbell recognize s the resilience and determination of the many individ uals who are fighting to live freely and authentically and in doing so are opening hearts and minds and laying the foundation for a more just and equitable City.

NOW, THEREFORE, I, Paul Resnikoff, Mayor of the City of Campbell, do hereby proclaim June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer Pride Month in the City of Campbell.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this
21st day of June, 2022.

Paul Resnikoff, Mayor
City of Campbell, California

2.a
Packet Pg. 10
Attachment: Proclamation - LGBTQ+ Pride Month 2022 (Proclamation LGBTQ Pride Month June 2022)

City
Council
Report

TITLE: Receive an Update from Valley Water on the Proposed Purified Water Pipeline Project

RECOMMENDED ACTION

That the City Council receive a n update from Valley Water on the proposed Purified Water Pipeline Project.

BACKGROUND

The Santa Clara Valley Water District (Valley Water) is the largest multi -purpose water supply, watershed stewardship, and flood management special district in the Sta te.

Valley Water serves nearly two million people in Santa Clara County by providing a reliable and safe water supply; enhancing streams and watersheds through creek restoration and habitat protection; and providing flood protection for homes, schools and businesses.

In alignment with Valley Water’s goal of providing a safe and reliable water supply, the district has implemented the Expedited Purified Water Program. A component of the program will be the construction of a purified water pipeline to conve y water from an advanced purification facility to recharge ponds located in Campbell.

DISCUSSION

Valley Water staff will present additional information regarding the proposed Purified Water Pipeline project at the June 21, 2022 Council meeting. In advan ce of th e meeting, Valley Water staff has prepared the following information and has requested that it be shared with Council.

(The following information was prepared by Valley Water staff.)

The Santa Clara Valley Water District (Valley Water) must meet future water demand and identify a sustainable water supply to combat the effects of future droughts and climate change. The Purified Water Project (proposed Project) will help meet those water supply goals, which includes providing at least ten percent of water demand in Santa Clara County through recycled and purified water. The project will allow Valley Water to develop the use of purified water to supplement existing drinking water sources in a manner that minimizes environmental impacts.

Item: 3
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: June 21, 2022
3 Packet Pg. 11
Valley Water Pipeline Update Page 2 of 4

Valley Water continues to collaborate with its partners on recycled and purified water planning and expansion projects. The Purified Water Project (proposed Project) would include the construction of a new advanced water purification facility in Palo Alto, pump station, conveyance pipelines and associated facilities to Valley Water’s existing Los Gatos Recharge System complex located in the City of Campbell (City), to provide indirect potable reuse (IPR).

The purpose of the proposed Project is to establish greater water supply reliability for Santa Clara County and to help ensure continued groundwater sustainability. The proposed Project’s objectives to meet this purpose are:

• Support Valley Water’s water supply reliability goals, including the provision of at least 10% of all water supplies through recycled water. • Develop the use of purified water, consistent with Valley Water’s adopted Water Supply Master Plan 2040.
• Implement a potable reuse supply project that provides on average 10 million gallons per day (MGD) of sustainable drought resilient purified water.

Valley Water’s management of local groundwater also ensures that land sinking (subsidence) does not resume in the northern County. The proposed Project will be implemented via a Public-Private Partnership (P3) to harness private sector innovation.

The conveyance pipeline for the purified water will start at the purification facility in Palo Alto and will run through many cites before reaching its destination . The pipeline will traverse Campbell from Hamilto n Avenue to the Los Gatos Recharge Complex for a total of approximately 3.2 miles. Valley Water and City staff have collaborated on the alignment and will continue to work together as the project proceeds.

In addition to the pipeline, one additional nes ted monitoring well site will be constructed in the City. The well site will be similar to the existing well site constructed in southern John D. Morgan Park in 2017 in coordination with the City. To meet State regulations, the new monitoring well site mus t be located between the existing wells in John D.

Morgan Park and Valley Water’s Campbell Well Field near Campbell Avenue and San Tomas Expressway. Valley Water’s preferred location is in the northeast parking lot of John D. Morgan Park. Valley Water will work with the City and nearby property owners to site the wells and minimize impacts to Campbell residents.

As required by State regulations, Valley Water is pursuing the establishment of zones of controlled drinking water well construction for the prop osed Project. Valley Water has reached out via letter to the affected parcels within the zones affected, including within Campbell and held a public meeting on March 10, 2022. Four members of the public were in attendance and there were no questions on the well control zones. Valley Water plans to implement these zones by early 2023.

3 Packet Pg. 12
Valley Water Pipeline Update Page 3 of 4
Valley Water, acting as lead agency for the proposed IPR Project, has determined that an Environmental Impact Report (EIR) is required to satisfy the requirements of the California Environmental Quality Act (CEQA). The draft EIR will evaluate the proposed IPR Project’s environmental conditions, range of alternatives, potential environmental impacts associated with the proposed IPR Project implementation, and provide mitigation measures. A Notice of Preparation (NOP) was released on March 19, 2021, and the public scoping meeting was held on March 29, 2021.

Outreach staff have been working on raising awareness and support for Valley Water’s expanded reuse efforts, including the P urified Water Project. Outreach efforts include tours of the Silicon Valley Advanced Water Purification Center (a facility similar to the new purification center), meetings with stakeholders, and multi -media outreach. Staff continues to conduct public and private virtual tours of the Silicon Valley Advanced Water Purification Center to demonstrate the technology used in the advanced purification process. Earlier this summer staff held a private tour with the Campbell Lions Club. The team has also hosted tw o virtual tours in partnership with the Campbell Library on October 19 and January 18, reaching a total of 96 individuals. We are currently working toward hosting a virtual tour at the Campbell library sometime in April.

Valley Water has also reached out t o cities along the pipeline as well as property owners.

Valley Water’s procurement process is ongoing. A Request for Qualifications (RFQ) was released, and eight statements of qualifications were submitted. Valley Water shortlisted four proposers who will be invited to submit proposals. A tentative timeline is as follows:
• Summer/Fall 2022: Release of Request for Proposal (RFP) and draft Environmental Impact Report (EIR)
• Late 2022/Early 2023: Selection and contract award
• 2023 – 2024: Design by selected entity
• 2024-2028: Construction and beginning of operations

FISCAL IMPACT
There is no fiscal impact relating to acceptance of this update from Valley Water concerning their proposed Purified Water Pipeline project.

Prepared by:

Todd Capurso, Director of Public Works
3 Packet Pg. 13

Valley Water Pipeline Update Page 4 of 4
Approved by:

Brian Loventhal, City Manager
3 Packet Pg. 14

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 17, 2022 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pursua nt to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

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 this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California. Councilmember Lopez attended virtually from 407 Swift Avenue, Durham, North Carolina, 22705.

ROLL CALL

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

PLEDGE OF ALLEGIANCE
Members of the Campbell Police Department led the Pledge of Allegiance in honor of National Police Week.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Presentation by the Youth Commission on Completed Events and Activities for the 2021-2022 Term
Recommended Action: That the City Council receive a presentation from the Youth Commission on their 2021-2022 completed events and activities.

Recreation Specialist Julie Pieracci int roduced Youth Commission Chair Amelie Arango and Vice Chair Emily Tovar.

Youth Commission Chair Arango and Vice Chair Tovar presented the Youth Commission’s completed activities for the 2021-2022 term including participating 4 Packet Pg. 15
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 2
in the Holiday Ainsley House D ecorating, the South Bay Fun Fest, hosting student finals study halls, supporting the Clean Water Art Contest, and hosting the Coffee & Politics event.

Councilmembers expressed a ppreciation to the Youth Commission for their robust workplan, and for active ly contributing to the community through their discussions on current events, community engagement, and outreach efforts.

Councilmembers congratulated Chair Arango and Vice Chair Tovar for their extraordinary leadership skills in holding a very successful Youth Commission term.

2. Proclamation Recognizing Peace Officers Memorial Day and Declaring the Week of May 11-17, 2022 as National Police Week
Recommended Action: That the City Council recognize May 15, 2022, as “Peace Officers Memorial Day”; and May 11-17, 2022 as “National Police Week” to honor those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.

Mayor Resnikoff read the proclamation recognizing Peace Officers Memorial Day on May 15, 20 22 and declaring the week of May 11 -17, 2022 as National Police Week. Mayor Resnikoff noted the Campbell Water Tower was lit in blue in honor of Peace Officers Memorial Day.

Police Chief Gary Berg on behalf of the Campbell Police Department Officers thanked the Council for their support and recognition of this important event.

Campbell Police Officers have a passion for service and a deep dedication to the residents of Campbell.

Councilmembers expressed appreciation to all members of the Campbell Police Department for their dedicated service and noted that it is a special thing for a Police Department to be as well received in a community as the Campbell Police Department is.

3. Proclamation Declaring the Week of May 15 -21, 2022 as National Public Works Week
Recommended Action: That the City Council declare the week of May 15 -21, 2022, as National Public Works Week in the City of Campbell.

Mayor Resnikoff read the proclamation de claring the week of May 15 -21, 2022 as National Public Works week.

Public Works Director Todd Capurso expressed appreciation to the Council for their support and noted that in addition to the maintenance, engineering, and project management services that the Public Works Department staff handles, staff also works with many partner agencies such as Valley Water, West Valley Solid Waste Management, and the West Valley Sanitation District all in an effort to support and provide quality services to the residents of Campbell. 4 Packet Pg. 16
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 3

Councilmembers expressed appreciation to Public Works Depart ment Staff for their hard work in support of making sure Campbell is beautiful and well maintained, noting the special events hosted by the Public Works Department to further educate the community on what it takes to keep Campbell beautiful.

4. Proclamation Declaring the Month of May 2022 as “Affordable Housing Month” in the City of Campbell
Recommended Action: That the City Council proclaim the month of May 2022 as “Affordable Housing Month” in the City of Campbell.

Mayor Resnikoff read the proclamatio n declaring the month of May 2022 as Affordable Housing Month in the City of Campbell.

Matthew Reed, Director of Policy, Silicon Valley at Home accepted the proclamation and noted that this month is an important time to reflect on the hardships of others and focus on collaborating together to find solutions to the housing crisis.

Councilmembers expressed appreciation to Silicon Valley at Home for their many educational opportunities and for working with our Community Development Department to help Campbe ll become a better partner in helping affordable housing in the Bay Area.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

There were no oral requests.

COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services such as permits, business license applications and virtual appointments are available online. Visit the city’s website at www.campbellca.gov to view information for all city departments and services available. “Together For Mental Health” May is Mental Health Awareness Mont h. Each year millions of Americans face the reality of living with a mental illness. During May, join the national movement to raise awareness about mental health.

The library is a place to find information and access resources such as, the County Department of Behavioral Health Services, and they provide computers where you can read about organizations like the Nat ional Alliance on Mental Illness and Bring Change to Mind. Please visit the Campbell Express Library at the Campbell Community Center or www.sccld.org for more information.
4 Packet Pg. 17
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 4
The City Clerk’s Office is accepting applications for the Planning Commission, the Civic Improvement Commission, and the Bicycle and Pedestrian Advisory Committee. To find out more about these positions, o r to apply, please contact the City Clerk’s Office at (408) 866-2117, or visit the city’s website at www.campbellca.gov.

Campbell Recreation Summer Day Camps, the Campbell Recreation offers quality programs for children and teens aged 3 to 15, providing a fun, s afe place to play during the summer. Camps run the weeks of June 13 through August 15. For more information, please visit www.campbellca.gov.

Lifeguards Wanted. Join Campbell Community Center Aquatics, learn life -saving skills and work with an amazing team. To find out more about this great opportunity, please visit www.cambpellca.gov.

Join the Campbell Veterans Memorial Foundation in honoring the men and women who have died while serving in the United States Military on Monday, May 30, 2022 from 9:00 am to 10:000 am at the Orchard City Green located at City Hall.

City offices will be closed for business Monday, May 30, 2022 in observance of Memorial Day. Police and emergency services will remain open.

CONSENT CALENDAR

Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.

Items 11, 14, and 15 were removed from Consent.

The Consent Calendar was considered as follows:

5. Minutes of City Council Special Meeting of April 20, 2022 Recommended Action: Approve the Special Meeting minutes of April 20, 2022.

This action approves the City Council Special Meeting minutes of April 20, 2022.

6. Minutes of City Council Study Session Meeting of April 25, 2022 Recommended Action: Approve the Study Session Meeting minutes of April 25, 2022.

This action approves the City Council Study Session Meeting minutes of April 25, 2022.

7. Minutes of City Council Executive Session Meeting of May 3, 2022 Recommended Action: Approve the Executive Session Meeting minutes of May 3, 2022.

This action approves the Executive Session Meeting minutes of May 3, 2022.

8. Minutes of City Council Regular Meeting of May 3, 2022 4 Packet Pg. 18
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 5
Recommended Action: Approve the Regular Meeting minutes of May 3, 2022.

This action approves the City Council Regular Meeting minutes of May 3, 2022.

9. Approving Bills and Claims
Recommended Action: That the City Council approve the bills and claims in the amount of $1,104,564.91.

This action approves the bills and claims in the amount of $1,104,564.91 a s follows: payroll checks dated April 14, 2022, in the amount of $64,812.45; bills and claims checks dated April 18, 2022, in the amount of $686,604.46; bills and claims checks dated April 25, 2022, in the amount of $353,148.00.

10. Extension of Declaration of Local Emergency (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution extending the March 15, 2022 City Council proclamation declaring the existence of a local emergency resulting from community spread of COVID -19 another sixty (60) days until July 29, 2022.

This action adopts Resolution No. 12827 extending the March 15, 2022 City Council proclamation declaring the existence of a local emergency resulting from community spread of COVID-19 another sixty (60) days until July 29, 2022.

12. Approve Appointment to the Bicycle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution appointing Renee Small to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August 2024.

This action adopts Resolution No. 12828 appointing Renee Small to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August 2024.

13. Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2022/23 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the Public Works Director to submit a Grant Application to the Santa Clara Valley Transportation Authority (VT A) for $56,869 in Transportation Development Act (TDA) Artic le 3 Guarantee Funds for the Campbell Bicycle and Pedestrian Project Fiscal Year 2022/23.

This action adopts Resolution No. 12829 authorizing the Public Works Director to submit a Grant Applicatio n to the Santa Clara Valley Transportation Authority (VTA) for $56,869 in Transportation Development Act (TDA) Article 3 Guarantee Funds for the Campbell Bicycle and Pedestrian Project Fiscal Year 2022/23.

M/S: Landry/Gibbons – That the City Council approve the Consent Calendar 4 Packet Pg. 19
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 6
with the exception of items 11, 14, and 15. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT

11. Accept Donation from Joan Evans Bohnett Living Trust (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution accepting the donation of $135,736.66 from the Joan Evans Bohnett Living Trust and approv e a budget adjustment to recognize the donation in Fiscal Year 2022.

Councilmembers expressed appreciation to the family of Joan Evans Bohnett for their very generous donation to the City of Campbell.

M/S: Gibbons/Landry – That the City Council adopt Reso lution No. 12830 accepting the donation of $135,736.66 from the Joan Evans Bohnett Living Trust and approve a budget adjustment to recognize the donation in Fiscal Year 2022. The motion was adopted by the following roll call vote:

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

14. Resolution Commending Sergeant David Mendez for 25 Years of Service to the City of Campbell (Resolution/Roll Call Vote)
Recommended Action: That the City Council ado pt a Resolution commending Sergeant David Mendez for his 25 Years of Service to the City of Campbell.

Councilmembers congratulated Sergeant David Mendez and expressed appreciation for his 25 years of dedicated and loyal service to the City of Campbell.

M/S: Gibbons/Landry – That the City Council adopt Resolution No. 12831 commending Sergeant David Mendez for his 25 Years of Service to the City of Campbell. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
4 Packet Pg. 20
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 7

15. Resolution Commending Sergeant David Livingston for 18 Years of Service to the City of Campbell (Resolution/Roll Call Vote)
Recommended Action: That the City C ouncil adopt a Resolution commending Sergeant David Livingston for his 18 Years of Service to the City of Campbell.

Councilmembers congratulated Sergeant David Livingston on his retirement and expressed appreciation for his 18 years of dedicated and loyal service to the City of Campbell.

M/S: Gibbons/Bybee – That the City Council adopt Resolution No. 12832 commending Sergeant David Li vingston for his 18 Years of Service to the City of Campbell. The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

16. Public Hearing to Consider a City -Initiated Zoning Code Text Amendment (PLN-2021-193) to Amend the Side -Yard Setback Requireme nts for Properties Located Within the M -1 (Light Industrial) and C -2 (General Commercial) Zoning Districts (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce an Ordinance amending Chapter 21.10 of the Campbell Municipal Code r evising the side-yard setback requirements for properties located within the M -1 (Light Industrial) and C -2 (General Commercial) Zoning Districts.

This is the time and place for a public hearing to consider introduction of an ordinance amending Chapter 21 .10 of the C ampbell Municipal Code revising the side-yard setback requirements for properties located within the M -1 (Light Industrial) and C-2 (General Commercial) Zoning Districts.

Senior Planner Daniel Fama introduced the Staff Report dated May 17, 20 22 noting that Staff is requesting initiation of this amendment in response to several applications currently under review that involve requests by the applicant for reduced side setbacks. These requests highlighted a need to examine the appropriateness of the current setback standard that applies residential setback standards to commercial and industrial properties and the lack of flexibility to adjust these standards. As compared to residential properties, the adjacency of industrial and commercial buildi ngs does not pose issues of privacy, noise, or access to sunlight, requiring a more restrictive side setback.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.
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Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 8

M/S: Gibbons/Landry – That the City Council introduce Ordinance 2281 amending Chapter 21.10 of the Campbell Municipal Code revising the side - yard setback requirements for properties located within the M -1 (Light Industrial) and C-2 (General Commercial) Zon ing Districts. The motion was adopted by the following roll call vote:

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

City Clerk Christopherson read the full title of Ordinance No. 2281.

M/S: Gibbons/Bybee – That the City Council waiv e further reading of Ordinance No. 2281. The motion was adopted by the following roll call vote:

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

17. Introduction of Ordinance Adding Chapter 6.19 and Amending Sections

6.10.020 and 6.10.170 of the City of Campbell Municipal Code to Implement AB 1276 Single-Use Foodware Accessories and Standard Condiments, and Enforce CALGreen Building Standards Code with th e City’s Administrative Process (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance adding Chapter 6.19 and amending Sections 6.10.020 and 6.10.170 of the City of Campbell Municipal Code implementing new state legi slative requirements for single-use foodwar e accessories and standard condiments and establishing an enforcement process for CALGreen Building Code.

This is the time and place for a public hearing to consider introduction of an ordinance adding Chapter 6.19 and amending Sections 6.10.020 and 6.10. 170 of the City of Campbell Municipal Code implementing new state legislative requirements for single-use foodware accessories and standard condiments, and establishing an enforcement process for CALGreen Building Code.

Environmental Programs Specialist Peri Newby introduced the Staff Report dated May 17, 2022 noting that in 2021 Governor Newsom signed Assembly Bil l (AB) 1276, which expanded on AB 1884 to require single use accessory foodware (e.g., utensils, chopsticks, straws, stirrers) and condiments to be provided only upon consumer request. Ms. Newby explained that this provision applies to on - premise dining, t o go orders, and third party platforms. Staff is recommending 4 Packet Pg. 22
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 9
modifications to the City’s Municipal Code to implement the new requirements of AB 1276 and to provide enforcement mechanisms.

In response to inquiries, Ms. Newby clarified that outreach effort s have already begun by City Staff, and efforts with the Solid Waste Joint Powers Authority as well as the County and related coalitions are und erway. Ms. Newby noted that upon two complaints/violations a business is provided education and warnings, after that, fines of up to $300 per year will be assessed.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.

M/S: Gibbons/Landry – That the City Council introduce Ordinance 2282 adding Chapter 6.19 and amending Sections 6.10.020 and 6.10.170 of the City of Campbell Municipal Code implementing new state legislative requirements for single -use foodware ac cessories and standard condiments, and establishing an enforcement process for CALGreen Building Code. The motion was adopted by the following roll call vote:

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

City Clerk Christopherson read the full title of Ordinance No. 2282.

M/S: Gibbons/Bybee – That th e City Council waive further reading of Ordinance No. 2282. The motion was adopted by the following roll call vote:

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

18. Introduction of Proposed Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five-Year Capital Improvement Plan (CIP)
Recommended Action: That the City Council review the Proposed Fiscal Year (FY) 2023 Operating Budget and 2023 -2027 Capital Improvement Plan (CIP) as presented; provide direction to staff to proceed with finalizing the budget; and establish June 21, 2022 as the date for a public hearing and adoption of t he FY 2023 Operating Budget and CIP, as well as the Gann Appropriations Limit.

City Manager Brian Loventhal introduced the Staff Report dated May 17, 2022 and noted that this is the formal introduction of the Fiscal Year 2023 Operating Budget and Capital Improvement Plan. City Manager Loventhal highlighted the changes since the April 25, 2022 Council meeting including the addition of $1.4 4 Packet Pg. 23
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 10
million transfer of General Fund capital reserves to the Capital Improvement Plan fund for previously approved CIPR and Construction Tax Projects.

Finance Director Will Fuentes presented the long -range forecast and r eserve account updates highlighting revenue projections both with available American Rescue Plan Act (ARPA) funds and without, noting that ongoing income stre ams are expected to exceed expenses beginning in FY 2024. Director Fuentes reviewed the general fu nd reserve accounts and noted that ARPA funds are not allowed to be used as a reserve, to pay down reserve borrowings, or to defer a tax adjustment. Projectio ns are indicating the City will be on track to meet its reserve saving targets by FY 2026.

City Manager Loventhal clarified that the presented FY 2023 Operating Budget is balanced, ongoing expenses are funded with existing revenue, and noted the significant one -time expenditures per department which are in line with current department workplans. City Manager Loventhal noted the departmental percentage changes from the FY 2023 proposed budget as compared to year end estimates and reviewed the current year s taffing requests. Noting the requested Senior Planner to Principal Planner position creates a managerial level within the Community Development Department between the Director position and the Senior Planners, the Communication Coordinator would support th e City’s outreach efforts on many projects of priority across the City, the Mental Health Counselor/Clinician was modified to be a contract position to enhance the services provided through the Employee Assistance Program, and an Administrative Analyst in the Finance Department to support the implementation of a new payroll/human resources software platform.

In response to inquiries, Human Resources Manager Jenny Le -Christensen stated that the Mental Health Counselor contract would be for an initial term o f 3 to 6 months to allow Staff to evaluate its usage, the $60,000 is the minimum amount to enter into the contract.

In response to inquiries, City Manager Loventhal noted that following all of the ARPA fund requests currently in the proposed budget, there will still be a $4.3 million ARPA fund balance. Finance Director Fuentes noted that Staff is recommending using a small amount of ARPA funds in FY 2023 for one -time expenses, in FY 2024 Staff feels that based on long range projections, ARPA funds will not be needed to balance the budget.

Council took a recess at 9:26 p.m. and returned at 9:35 p.m. with all members present.

Finance Manager Norite Vong presented the FY 2023-2027 Capital Improvement Plan (CIP) noting changes made since the April 25, 2022 Cou ncil meeting, including the increase of $146,000 from Senate Bill 1 funds for the FY 2023 Annual S treet Maintenance Project and the carryover of the Campbell Park Bicycle Pathway Project.

Vice Mayor Bybee recused herself from the discussion on the San Tomas Aquino Trail Project as this project is in close proximity to her residence, and left Council Chambers.
4 Packet Pg. 24
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 11
Following discussion, Council confirmed consensus for leaving the San Tomas Aquino Trail Project on the unfunded project list.

Vice Mayor Bybee returned to the meeting room.

Mayor Resnikoff recused himself from the discussion on the Measure O p rojects (Library Building and Police Department Operations Building) as these projects are in close proximity to his residence and left the Council Chambers.

In response to inquiries, City Manager Loventhal noted that the moving expenses related to the Police Operations Building will be included in the final budget as an unfunded line item. Finance Manager Vong clarified that Finance Staff keeps the funding sources for the Measure O bonds separated in the CIP, this allows staff to better track what is being spent with Measure O Bond funds, and what is being spent with outside funding sources. Public Works Director Capurso noted that addressing the gravel lot at the Civic Center is not currently included in the Measure O budget, it is part of the Civic Cente r and would be eligible to use Measure O Bond funds to address, but at this point it is not currently funded.

Public Works Director Capurso clarified that the trash enclosure area of the Measure O projects is included in the Police Department Operations Bu ilding design, however if limited funding requires we remove it, then it could be addressed as part of the gravel lot project.

Mayor Resnikoff returned to the meeting room.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.

Councilmember Lopez requested Staff be strategic throughout the year about staffing needs and to be very clear on the need for the position s with each request.

Councilwoman Landry expressed concern that the amount of funding requested for the mental health coordinator contract would be enough to provide services to all City employees and she is not supportive of using ARPA funds to pay for t he trash enclosure area of the Measure O projects.

Councilmember Gibbons requested additional inf ormation on the staffing needs, and the Economic Development Plans, requested further identification of what expenses have offset revenues specifically in the Recreation and Community Services Department. Councilmember Gibbons expressed concerns relating t o the needs of the City in the next 5 to 7 years given the anticipated growth of the City. Councilmember Gibbons is supportive of outsourcing work where possi ble to limit the expenses associated with salaries, benefits, and increased retirement costs in th e future. Councilmember Gibbons is not supportive of any vehicle purchases without first having an updated vehicle purchasing policy in place, and not supportive of using ARPA funds to address the gravel lot in the Civic Center.

Vice Mayor Bybee requested the inclusion of any scheduled vehicle purchases be included in the final budget documents. Councilmember Bybee is supportive of unfreezing positions, but is not supportive of adding new positions without a full understanding of the workload needs.
4 Packet Pg. 25
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 12
Mayor Resnikoff expressed support for the Principal Planner position, but requested additional information on the Economic Development Plans, and the Communication Specialist position.

Public Works Director Capurso requested the use of ARPA funds for the One Bay Area Grant (OBAG) recommended 20% match to support the Downtown Priority Development Area.

Councilmembers confirmed consensus for the use of ARPA funds to support the OBAG grant application.

M/S: Landry/Bybee – That the City Council review the Proposed Fiscal Year (FY) 2023 Operating Budget and 2023 -2027 Capital Improvement Plan (CIP) as presented; establish June 21, 2022 as the date for a public hearing and adoption of the FY 2023 Operating Budget and CIP, as well as the Gann Appropriations Lim it. The motion was adopted by the following roll call vote:

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

NEW BUSINESS

19. Resolution Authorizing the Second Issuance and Sale of General Obligation Bonds in an Aggregate Principal Amount Not to Exceed $30,000,000 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution aut horizing the issuance of $30,000,000 Election of 2018 General Obligation Bonds, Series 2022; approve the form of a Preliminary Official Statement; and authorize certain other actions in connection therewith.

Mayor Resnikoff recused himself from this item due to the close proximity of the project location to his residence and left the Council Chambers.

Finance Director Fuentes presented the Staff Report dated May 17, 2022 and stated that this item authorizes the issuance of bond funding to support the Measure O projects which were approved by the voters of Campbell in 2018. $20,000,000 in bond fun ds were issued in August 2020, this item represents the remaining bond funds approved. Given the rising interest rates, Director Fuentes noted the importance of au thorizing the issuance of these bond funds at this time. The Citizen’s Bond Oversight Committ ee for Measure O has reviewed all bond expenditures and issued its first Annual Report in April 2022.

Vice Mayor Bybee opened the public hearing, there being no s peakers the public hearing was closed.

M/S: Landry/Gibbons – That the City Council adopt Resolution No. 12833 authorizing the issuance of $30,000,000 Election of 2018 General Obligation 4 Packet Pg. 26
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of May 17, 2022 City Council Meeting Page 13
Bonds, Series 2022; approve the form of a Preliminary Official State ment; and authorize certain other actions in connection therewi th. The motion was adopted by the following roll call vote:

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

UNFINISHED BUSINESS
There was no unfinished business.

COUNCIL COMMITTEE REPORTS

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

Due to the lateness of the hour, the Council Committee Reports were not heard.

ADJOURN
Vice Mayor Bybee adjourned the meeting at 11:00 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

4 Packet Pg. 27
Minutes Acceptance: Minutes of May 17, 2022 7:30 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, June 7, 2022 – 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 B rown Act.

CALL TO ORDER

The City Council of the City of Campbell convened on the special day of June 7, 2022.

ROLL CALL

PUBLIC COMMENT

There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel – Pursuant to G.C. Secti on 54957(b)(1): Public Emplo yee Employment – City Clerk

B. Litigation - CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9 Name of Case: Carp enters Local 405/Northern California Carpenters Regional Council v. City of Campbell; California Public Employee Relations Board PERB Case No. SF-CE-1889-M

C. Real Property

D. Labor Negotiations - Pursuant to G.C. Section 54957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council, City Manager Brian Loventhal Employee Organizations: Campbell Municipal Employees Association (CMEA); Campbell Police Civilian Emplo yees Association (CPCEA); Campbell Peace Officers’ Association (CPOA); Carpe nters; Manag ement Employees; and Confidential Employees

5 Packet Pg. 28
Minutes Acceptance: Minutes of Jun 7, 2022 6:00 PM (CONSENT CALENDAR)

Minutes of June 7, 2022 City Council Meeting Page 2
The City Council met in Execu tive Session to discuss Item s A, B, and D. City Manager Brian Loventhal, City Attorney Bill Seligmann , Human Resources Manager Jenny Le - Christensen, and Lisa Charbonneau with Liebert Cassidy Whitmore Law Firm were in attendance.

City Attorney Seligmann stated that a ny reportable actions will be reported at the next regularly scheduled City Council Meeting.

ADJOURNMENT

Council adjourned at 7:28 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk

5 Packet Pg. 29
Minutes Acceptance: Minutes of Jun 7, 2022 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, June 7, 2022 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pursua nt to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

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 this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL

PLEDGE OF ALLEGIANCE
Mayor Resnikoff led the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations or proclamations.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

There were no oral requests.

COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services such as permits, business license applications and virtual appointments are available online. Vi sit the city’s webs ite at www.campbellca.gov to view information for all city departments and services available. 6 Packet Pg. 30
Minutes Acceptance: Minutes of Jun 7, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of June 7, 2022 City Council Meeting Page 2
Campbell Recreation Su mmer Day Camps, the Campbell Recreation offers quality programs for children and teens aged 3 to 15, providing a fun, safe place to play during the summer. Camps run the weeks of June 13 through August 15. For more information, please visit www.campbellca.gov.

On Saturday, June 18 from 10:00 a.m. to 12:00 p.m., all are welcome to stop by the Campbell Po lice Department for an exclusive look at the equipment, technology, and more. There will be a drone demonstration and two K9 demonstrations. Learn about SWAT, crisis negotiation, and visit the mobile Emergency Operations Center.

On Friday, June 24 at ap proximately 10:00 a .m., the Campbell Police Department is honored to escort the Special Olympics Torch, “The Flame of Hope” through our community to support our Special Olympics athletes. This year marks the 25 th Anniversary of the Torch Run. Please join the participants to cheer them on or consider joining our team and help us raise funds for Special Olympics Northern California. For more information, please visit www.sonc.org or call (408) 866-2125.

The City Clerk’s Office is accepting applications for the Planning Commission, the Civic Improvement Commission, and the Bicycle and Pedestrian Advisory Committee. To find out more about these positions, or to apply, please contact the City Clerk’s Office at (408) 866-2117, or visit the city’s website at www.campbellca.gov.

CONSENT CALENDAR

Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.

Items 14 and 15 were removed from Consent.

The Consent Calendar was considered as follows:

1. Minutes of City Council Special Meeting of May 9, 2022 Recommended Action: Approve the Special Meeting minutes of May 9, 2022.

This action approves the City Council Special Meeting minutes of May 9, 2022.

2. Minutes of City Council Executive Session Meeting of May 17, 2022 Recommended Action: Approve the Executive Session Meeting minutes of May 17, 2022.

This action approves the City Council Executive Session Meeting minutes of May 17, 2022.

3. Approving Bills and Claims
Recommended Action: That the City Council approve the bills and claims in the amount of $3,572,021.20.

This action approves the bills and claims in the amount of $3,572,021.20 as follows: payroll checks dated April 28, 2022, in the amount of $34,945.95; bills and claims checks dated May 2, 2022, in the amount of $337,015.46; bills and claims checks dated Ma y 9, 2022, in the amount of $2,748,210.61; p ayroll checks dated May 12, 2022, in the amount of $194,923.77; and bills and claims 6 Packet Pg. 31
Minutes Acceptance: Minutes of Jun 7, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of June 7, 2022 City Council Meeting Page 3
checks dated May 16, 2022, in the amount of $256,925.41.

4. Monthly Investment Transactions Report (April 2022)
Recommended Action: That the City Council review and acc ept the Monthly Investment Transactions Report for April 2022.

This action accepts the Monthly Investment Transactions Report for April 2022.

5. Second Reading of Ordinance No. 2282 Adding Chapter 6.19 and Amending Sections 6.10.020 and 6.10.170 of the C ity of Campbell Municipal Code to Implement AB 1276 Single -Use Foodware Accessories and Standard Condiments, and Enforce CALGreen Building Standards Code with the City’s Administrative Process (Ordinance/Roll Call Vote) Recommended Action: That the City Council adopt Ordinance No. 2282 adding Chapter 6.19 and amending Sections 6.10.020 and 6.10.170 of the City of Campbell Municipal Code implementing new state legislative requirem ents for single-use foodware accessories and standard condiments and establis hing an enforcement process for CALGreen building standards codes.

This action adopts Ordinance No. 2282 adding Chapter 6.19 and amending Sections 6.10.020 and 6.10.170 of the Cit y of Campbell Municipal Code implementing new state legislative requirements for single -use foodware accessories and standard condiments, and establishing an enforcement process for CALGreen building standards codes.

6. Second Reading of Ordinance No. 2281 Amending Chapter 21.10 of the Campbell Municipal Code Revising the Side -Yard Setback Requirements for Properties Located Within the M -1 (Light Industrial) and C -2 (General Commercial) Zoning Districts (Ordinance/Roll Call Vote) Recommended Action: That the City Council adopt Ordinance No. 2281 amending Chapter 21.10 of the Campb ell Municipal Code revising the side -yard setback requirements for properties located within the M -1 (Light Industrial) and C-2 (General Commercial) Zoning Districts.

This action adopts Ordinance No. 2281 amending Chapter 21.10 of the Campbell Municipal C ode revising the side -yard setback requirements for properties located within the M -1 (Light Industrial) and C -2 (General Commercial) Zoning Districts.

7. Renewal of License Agree ment with Campbell Pony Baseball League for Use of the Baseball Field, Conces sion Building, and Associated Areas at John D. Morgan Park (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute a renewal of the License Agreement with Campbell Pony Baseball Lea gue for the use of the enclosed baseball field, concession building, and associated areas at John D. Morgan Park for the period of July 1, 2022 - June 30, 2025.

This action adopts Resolution No. 12834 authorizing the City Manager to execute a renewal of the License Agreement with Campbell Pony Baseball League for the 6 Packet Pg. 32
Minutes Acceptance: Minutes of Jun 7, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of June 7, 2022 City Council Meeting Page 4
use of the enclosed baseball field, concession building, and associated areas at John D. Morgan Park for the period of July 1, 2022 - June 30, 2025.

8. Third Amendment to Agreement with the C ounty of Santa Clara to Provide a Senior Nutrition Program for Fiscal Year 2022 -23 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution autho rizing the City Manager to execute a Third Amendment to the Agreement with th e County of Santa Clara for the provision of congregate meal services extending the Agreement and providing funding for Campbell's Senior Nutrition Program for Fiscal Year 2022-23.

This action adopts Resolution No. 12835 authorizing the City Manager to execute a Third Amendment to the Agreement with the County of Santa Clara for the provision of congregate meal services extending the Agreement and providing funding for Campbell's Senior Nutrition Program for Fiscal Year 2022-23.

9. Third Amendment to Agre ement with Trio Community Meals, LLC to Provide Catered Meals for the Senior Nutrition Program for Fiscal Year 2022-23 (Resolution/Roll Call Vote)
Recommended Action: That the C ity Council adopt a Resolution authorizing the City Manager to execute the Th ird Amendment to the Agreement with Trio Community Meals, LLC to provide catered meals for the Senior Nutrition Program for Fiscal Year 2022-23.

This action adopts Resolution No. 12836 authorizing the City Manager to execute the Third Amendment to the Agr eement with Trio Community Meals, LLC to provide catered meals for the Senior Nutrition Program for Fiscal Year 2022-23.

10. Agreement with MoonChef, LLC to Provide Catered Meals for the Senior Nutrition Program for Fiscal Year 2022-23 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute an Agreement w ith MoonChef, LLC to provide catered meals for the Senior Nutrition Program during Fiscal Year 2022-23.

This action adopts Resolution No. 12837 authorizing the City Manager to execute an Agreement with MoonChef, LLC to provide catered meals for the Senior Nutrition Program during Fiscal Year 2022-23.

11. Accept Improvements for the Campbell Community Center Track Resurfacing Project 21-PP, and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution accepting the "Improvements to the Campbell Community Center Track Resurfacing Project 21-PP" (Project); and direct the City Clerk to file the Notice of Completion.

This action adopts Resolution No. 12838 accepting the "Improvements to the Campbell Community Center Track Resurfacing Project 21 -PP" (Project); and direct the City Clerk to file the Notice of Completion. 6 Packet Pg. 33
Minutes Acceptance: Minutes of Jun 7, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of June 7, 2022 City Council Meeting Page 5

12. Approval of Tract Map No. 10572 Including Acceptance of Public Service Easements Shown on Said Map – 202 West Rincon Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Tract Map for Tract No. 10572 and accept the public service easements as shown on the map for the property located at 202 West Rincon Avenue.

This action adopts Resolution No. 12839 approving the Tract Map for Tract No. 10572 and accept the public service easements as shown on the map for the property located at 202 West Rincon Avenue. ( Councilmember Gibbons recused as the property location is within 500 feet of her residence.)

13. Preliminary Approval of Engineer’s Report and Adoption of Resolution of Intention, Lighting District LLA -1, Fiscal Year 2022 -23 and Set Time and Place for Public Hearing (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution preliminarily approving the Engineer’s Report for the annual levy and collection of assessments for City of Campbell Lighting District LLA-1 for Fiscal Year 2022-23; and adopt a Resolution declaring Council’s intent ion to levy and collect assessments within the City of Campbell Lighting District LLA -1 for Fiscal Year 2022-23 and setting forth the time and place for a required Public Hearing.

This action adopts Resolution No. 12840 preliminarily approving the Engineer’s Report for the annual levy and collection of assessments for City of Campbell Lighting District LLA-1 for Fiscal Year 2022-23; and adopts Resolution No. 12841 declaring Council’ s intention to levy and collect assessments within the City of Campbell Lighting District LLA -1 for Fiscal Year 2022 -23 and setting forth the time and place for a required Public Hearing.

M/S: Gibbons/Landry – That the City Council approve the Consent Calendar with the exception of items 14 and 15. (Councilmember Gibbons recused on item 12) The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons (Recused on item 12), Landry, Lopez, Bybee, Resnikoff

ITEMS CONSIDERED SEPARATE FROM CONSENT

14. Authorization to Issue Request for Proposals for Design Services for Campbell Priority Development Area (PDA) Enhancements Project (CIP No. 22-NN) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the issuance of a Request for Proposal (RFP) for consultant design services and authorizing the City Manager to execute a contract with the selected design consultant in an amount not to exceed $500,000.
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Councilmember Gibbons stated that she is not supportive of this item because she feels the work needs to be updated as it does not currently reflect the complete street concept.

M/S: Bybee/Lopez – That the City Cou ncil adopt Resolution No. 12842 authorizing the issuance of a Request for Proposal (RFP) for consultant design services and authorizing the City Manager to execute a contract with the selected design consultant in an amount not to exceed $500,000, including the desk item. The motion was adop ted by the following roll call vote:

RESULT: ADOPTED [3 TO 2]
MOVER: Bybee
SECONDER: Lopez
AYES: Lopez, Bybee, Resnikoff
NOES: Gibbons, Landry

15. Resolution Authorizing the Use of Fiscal Year 2022 -23 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Fiscal Year 2022 -23 Annual Street Maintenance Project (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution aut horizing the use of Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account Funds for the Fiscal Year 2022 -23 Annual Street Maintenance to resurface Hamilton Avenue.

Councilmember Gibbons noted her concerns that traffic circulation elements and new street designs may be necessary given the potential for c ontinued City growth.

M/S: Landry/Lopez – That the City Council adopt Resolution No. 12843 authorizing the use of Fiscal Year 2022 -23 Road Maintenance and Rehabilitation Account Funds for the Fisc al Year 2022 -23 Annual Street Maintenance to resurface Hami lton Avenue. The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

16. Introduction of Ordinance Am ending Sections 6.10.015, 6.10.030 and

6.10.180 of the City of Campbell Municipal Code to Add Provisions Regarding the Use of Compliance Agreements in Code Enforcement (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordi nance amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.
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This is the t ime and place for a public hearing to consider introduction of an ordinance amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.

Community Devel opment Director Rob Eastwood introduced the Staff Report dated June 7, 2 022 noting that this item is a continuation of the Code Enforcement Program improvements discussed at the April 5, 2022 City Council meeting. The use of Compliance Agreements provides a tool between the City and an individual property owner to abate a viol ation on an agreed upon schedule and with breech of contract penalties should they be necessary.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.

M/S: Landry/Gibbons – That the City Council introduce Ord inance No. 2283 amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Gibbons
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
City Clerk Christopherson read the full title of Ordinance No. 2283.

M/S: Gibbons/Bybee – That the City Council waive further reading of Ordinance No. 2283. The motion was adopted by the following roll call vote:

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

17. Introduction of Ordinance Adjusting City Council Compensation (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

This is the time and place for a public hearing to consider introduction of an ordinance adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

City Clerk Christopherson introduced the Staff Report dated June 7, 2022 and noted that traditionally, Councilmember compensation amo unts are amended to coincide with the election of at least one new Councilmember. Th is year, residents of Campbell will elect three Councilmembers whose terms begin in December 2022. As such, now is the appropriate time for the City Council to consider adj ustment of its compensation. Approved compensation amounts 6 Packet Pg. 36
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would go into effect the first full pay period in January 2023, which would be the pay period of January 9 to 22, 2023 to be paid on February 2, 2023. City Council compensation and adjustments are set under the authority of California Government Code (GC) §36516, which allows Coun cilmember compensation to increase in an amount equal to, but not to exceed, 5% for each calendar year from the operative date of the last compensation adjustment.

Councilmembers Gibbons and Landry stated that they are not supportive of this item because the City is only out of a deficit because of the use of American Rescue Plan Act (ARPA) funds and the small stipend amount Council receives wouldn’t be enough to encourage interested residents to run for Council.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.

M/S: Bybee/Lopez – That the City Council introduce Ordinance No. 2284 adjusting the amount of Councilmember compen sation, within the limits set forth by Government Code Section 36516 . The motion was adopted by the following roll call vote:

RESULT: ADOPTED [3 TO 2]
MOVER: Bybee
SECONDER: Lopez
AYES: Lopez, Bybee, Resnikoff
NOES: Gibbons, Landry

City Clerk Christopherson read the full title of Ordinance No. 2284.

M/S: Bybee/Lopez – That the City Council waive further reading of Ordinance No. 2284. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [3 TO 2]
MOVER: Bybee
SECONDER: Lopez
AYES: Lopez, Bybee, Resnikoff
NOES: Gibbons, Landry

NEW BUSINESS

18. Calling General Municipal Election for Districts 3, 4 and 5; and Requesting Consolidation of Election in Accordance with California Elections Code Section 10418 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution calling the General Municipal Election for November 8, 2022 to elect one Councilmember from District 3, one Councilmember from District 4, and one Councilmember from District 5; requ esting consolid ation of election with the Registrar of Voters in accordance with California Elections Code Section 10418; resolving any tie votes by lot; levying a fee to each candidate for their Candidate Statement; and, directing staff to proceed with th e election desp ite the absence of qualified candidates.
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City Clerk Christopherson presented Staff Report dated June 7, 2022 and noted that this item represents the official Call of Election for the Municipal General Election in November 2022, where one Co uncilmember fro m District 3, one Councilmember from District 4, and one Councilmember from District 5 is scheduled to be on the ballot. Keeping with past practice, this Resolution is requesting the consolidation of election services with the Registrar of V oters Office, resolving any tie votes by lot, and levying a fee to each candidate for the publishing of their Candidate Statement. Since 2004, the fee for the Candidate Statement has been set at $300. Given that City elections are now held by District there is a possibil ity that one or more of the Districts scheduled to be on the ballot have no qualified candidates by the end of the candidate filing period (July 18 to August 12, 2022). Should this happen, the City Council could choose to cancel the election per Elections Code Section 10229, which will cancel the candidate write -in option as well, and would allow Council to make an appointment to the vacant Councilmember seat. The time frame in which to complete the appointment process is approximately 8 days . Should an appointment not be made by the deadline, the election will resume as scheduled.

If by the end of the election cycle in November, there is no elected Councilmember to the seat, then Government Code Section 36512 would apply, and Council would be afforded a longer time in which to make an appointment to the vacant.

In response to inquiries, City Attorney Bill Seligmann clarified that in order for a candidate to be a qualified write -in candidate, the resident would still need to obtain at least 20 nomination signatures of registered voters in the District they are seeking to represent and file candidate paperwork in the City Clerk’s Office by the deadline of October 25, 2022.

Councilmember Gibbons requested an informational memorandum on the detai ls of the candidate write-in process and what rules these candidates would need to follow in terms of candidate financial disclosures.

Following discussion, Mayor Resnikoff noted that he is not supportive of the recommendation to allow the election to pr ogress despite the absence of qualified candidates, as he is not supportive of the candidate write -in process and feels an appointment in this case could lead to better representation for the City. Mayor Resnikoff is not supportive of the $300 Candidate St atement fee and feels it should be increased to achieve a greater cost recovery.

Mayor Resnikoff opened the public hearing, there being no speakers the public hearing was closed.

Councilwoman Landry made a motion to adopt Resolution No. 12844 calling the General Munici pal Election for November 8, 2022 to elect one Councilmember from District 3, one Councilmember from District 4, and one Councilmember from District 5; requesting consolidation of election with the Regis trar of Voters in accordance with California Election s Code Section 10418; resolving any tie votes by lot; and levying a fee of $300 to each candidate for their Candidate Statement.

This motion failed for lack of a second.

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M/S: Landry/Gibbons – That the City Council adopt Resolution No. 12844 calling the General Municipal Election for November 8, 2022 to elect one Councilmember from District 3, one Councilmember from District 4, and one Councilmember from District 5; requesting consolidation of election with the Registrar of Voters in accordance with Calif ornia Elections Code Section 10418; resolving any tie votes by lot; and levying a fee of $300 to each candidate for their Candidate Statement; and, directing staff to proceed with the election despite th e absence of qualified candidates. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Gibbons
AYES: Gibbons, Landry, Lopez, Bybee,
NOES: Resnikoff

19. Resolution Amending Compensation for City Clerk Services (Resolution/Roll Call Vote)
Recommended Ac tion: That the City Council adopt a Resolution amending Compensation for City Clerk services.

City Manager Loventhal presented the Staff Report dated June 7, 2022 and noted that following the annual performance review of the City Clerk held on May 17, 202 2, the City Council deemed it appropriate to award a merit -based step increase to the City Clerk effective on her anniversary date of May 10, 2022.

M/S: Gibbons/Landry – That the City Council adopt Resolution No. 12845 amending Compensation for City Clerk services. The motion was adopted by the following roll call vote:

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

City Council took a recess at 9:02 p.m. and returned at 9:18 p.m. with all membe rs present.

On order of Mayor Resnikoff, the public hearing of Item 18 was reopened.

Raja Pallela, Campbell resident urged the Council to continue on with the November 2022 Election process allowing for a candidate write -in process effectively allowing t he democratic process to fully play out.

On order of Mayor Resnikoff, the public hearing for Item 18 was closed.

UNFINISHED BUSINESS

20. Receive an Update on the Economic Development Strategy and Consider Issuance of a Request for Proposals for Consultant Services to Support the 6 Packet Pg. 39
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Short-Term Economic Develo pment Strategy and to Prepare an Update to the City's Economic Development Plan (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the issuance of a Re quest for Proposals for consultant services to suppor t implementation of the short -term Economic Development Strategy and a comprehensive update to the City's Economic Development Plan; and authorize the City Manager to execute a contract with the selected service provider in an amount not to exceed $200,000.

Community Development Director Eastwood presented the Staff Report dated June 7, 2022 noting that the City’s Economic Development Strategy and Plan was last updated in 2017. Over the course of the las t two years, the Economic Development Subcommittee has reviewed the existing plan and heard from tax consultants related to the economic development needs of the City, and it was recommended to combine the City’s short term (closing gaps on sales tax leakage) and long term (brand creation and messaging) needs of the City into one updated strategy/plan.

Economic Development Specialist Michael Thomas, stated tha t Staff is requesting $150,000 in the Fiscal Year 2023 Operating Budget to support the requested c onsultant work for an updated strategy to further economic development across the City. The Request for Proposal (RFP) includes requirements for economic data analysis and a Strengths, Weakness, Opportunity, and Threats (SWOT) analysis with stakeholder eng agement and visioning/branding. Economic Development Specialist Thomas reviewed the 6 month strategy to updating the short -term plan, the long -term plan, and the project timeline.

Councilwoman Landry requested the RFP be updated to reflect the City’s ownership of the final product and what documents and materials are available to date to limit any duplicative efforts.

Councilwoman Gibbons expressed concerns relating to duplication of efforts from what has already been done by other sales tax consultants a nd resources the City already has in place, such as branding materials. Councilwoman Gibbons expressed concerns there is not more effort in determining ways in which to bring larger businesses to Campbell and is not supportive of the Staff recommendation as she doesn’t feel this request is detailed enough in requiring a finalized work product.

In response to inquiries, Community Development Director Eastwood c larified that Staff is currently supporting the economic development needs of the City by meeting with commercial brokers, talking to property owners about their desires and trying to potential businesses with vacant commercial properties. However, the Cit y is very limited in the tools and Staff expertise in the business of economic development.

Mayor Resnikoff opened the public hearing.

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Raja Pallela, Campbell resident stated that business in the area will increase as household spending capacity increases and noted that in some areas of the City residents are choosing to go into San Jose to shop for i ncreased retail options, instead of shopping in Campbell.

Ken Johnson, Campbell Chamber of Commerce representative stated his support of the City efforts and that the Chamber is ready to partner with the City in economic development.

Mayor Resnikoff closed the public hearing.

Councilmember Lopez and Councilwoman Landry, both members of the Economic Development Subcommittee, stated their support for the staff recommendation and felt the combining of the short term and long -term strategies is more strategi c and will provide the best product to move the City forward. The Subcommittee members noted their vision for having an updated branding and messaging as a work product from the RFP/consultant effort.

In response to an inquiry, City Manager Loventhal note d that through this RFP/consultant effort the City will glean best practices and staff resource needs to best support a more robust economic development progr am for the City into the future.

M/S: Landry/Lopez – That the City Council adopt Resolution No. 1 2846 authorizing the issuance of a Request for Proposals for consultant services to support implementation of the short -term Economic Development Strategy and a comprehensive update to the City's Economic Development Plan with the inclusion of a list of cu rrent work products available and a clarification that the final work product is owned by the City; and authorize the City Manager to execute a contract with the selected service provider in an amount not to exceed $200,000. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Landry, Lopez, Bybee, Resnikoff
NOES: Gibbons

21. Resolution to Authorize the City Manager to Execute a Consultant Services Agreement with HouseKeys, Inc. (Resolution/Roll Call Vote) (PLN-2022-50) Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute a one -year Consul tant Services Agreement with HouseKeys, Inc. to serve as the City’s Below -Market Rate Program Administrator.

Community Development Director Eastwood presented Staff Report dated June 7, 2022 and noted that this item is to consider the renewal of Housekeys , Inc contract, currently set to expire June 30, 2022. There is currently an RFP published inviting proposa ls on auditing the City’s housing program and to 6 Packet Pg. 41
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provide recommendations for approval. A contract for this audit is anticipated to begin summer 2022.

Senior Planner Stephen Rose reviewed the current housing program including rental programs, homeowner programs, and loan programs. Senior Planner Rose reviewed the contract changes including an updated fee schedule. Senior Planner Rose noted that this ye ar is the 6 th year the City has been in partnership with Housekeys and there have been a lot of lessons lea rned by both the City and Housekeys along the way.

In response to inquiries, Julius Nyanda, Housekeys Representative stated that Housekeys advertises opportunities on its social media platforms to ensure that it is reaching the broadest audience possible , however the criteria for a successful candidate to be a Campbell resident still exists. Mr. Nyanda clarified that guideline updates will be needed in the coming year to address eviction guidelines, and enforcement mechanisms with will aide in keeping the costs associated with litigation to a minimum.

In response to an inquiry, Mr. Nyanda noted that below market rate housing income limits are tied t o the medium income limits of the area, and as these income limits increase for the area, there will be ass ociated rent increases to match.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.

Councilmember Lopez noted some recent communication he received indicating some program improvements over the past couple of years and expressed appreciation to Housekeys and Staff for their efforts.

M/S: Bybee/Gibbons – That the City Council adopt Resolution No. 12847 authorizing the City Manager to execute a one -year Consultant Services Agreement with HouseKeys, Inc. to se rve as the City’s Below -Market Rate Program Administrator, including the desk item. The motion was adopted by the following roll call vote:

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

COUNCIL COMMITTEE REPORTS

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

Councilwoman Landry attended the Memorial Day Service, the County Library District Budget Committee meeting, the Education Subcommittee meeting, the Boogie Festival, and noted the increasing Valley Water restrictions for residents. 6 Packet Pg. 42
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Councilmember Lopez attended several Bay Area Air Quality Management District meetings, the Legislative Subcommittee meeting, the V alley Transportation Authority (VTA) Board of Directors meeting, and t he ceremony commemorating the 1-year anniversary of the VTA mass shooting.

Councilmember Gibbons attended the Education Subcommittee, the Legislative Subcommittee, the Silicon Valley Cl ean Energy Authority Board meeting, the Campbell Ministerial Group mee ting, the VTA Board of Directors meeting, the ceremony commemorating the 1 -year anniversary of the VTA mass shooting, and the Planning Commission Special Meeting where the Cal Poly stude nt presentation was given on their visioning project for the Downtown Campbell and Winchester light rail areas.

Vice Mayor Bybee attended the Boogie Festival, the Memorial Day Service, and the ribbon cutting ceremony at Nox Cookie Bar.

Mayor Resnikoff at tended the Boogie Festival, the Silicon Valley Animal Control Authority Board meeting, the West Valley Mayors & Managers meeting, the Memorial Day Service, the City Clerk and City Manager Compensation Subcommittee meetings, and noted the upcoming water tow er lightings on June 17th to honor Pride Month, and on the 1st of each month supporting Ukraine.

Councilmember Gibbons requested an item be placed on a future Council agenda to consider expanding the workplan of the Police Department to include a communit y workshop to discuss gun violence and what can be done in the Campbell community to address gun safety and gun violence.

Council confirmed consensus to add the requested workplan item to a future Council agenda.

ADJOURN
Mayor Resnikoff adjourned the meeting at 10:53 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Dusty Christopherson, City Clerk

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City
Council
Report

TITLE: Second Reading of Ordinance No. 2283 Amending Sections 6.10.015,

6.10.030 and 6.10.180 of the City of Campbell Municipal Code to Add Provisions Regarding the U se of Compliance Agreements in Code Enforcement (Ordinance/Roll Call Vote)

RECOMMENDED ACTION

That the City Council approve second reading to adopt Ordinance No. 2283 amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Municipal Code addin g provisions regarding the use of Compliance Agreements in Code Enforcement.

BACKGROUND

At the April 5, 2022 City Council Meeting, Council received a report from the Community Development Department concerning proposed improvements to the City’s Code Enforcement program. The identified improvements included creation of a Community Restitution Fund that collects code enforcement fines and fees , the use of Compliance Agreements that provides an agreement between the City and an individual to abate a violation on a prescribed schedule , and adjustments in code enforcement fees to incentivize timely abatement of violations.

The proposed code amendments will add text to the Campbell Municipal Code under Section 6.10 (Nuisance Abatement and Administrative Pena lties) acknowledging that the City may enter into a Compliance Agreement with an owner of a building, structure, or property found to be a nuisance. The code amendments provide a definition for the term “Compliance Agreement” and acknowledge that it may be used as a tool to identify a schedule for the owner to take the necessary steps to abate the violation, such as the application for and issuance of planning and building permits. The code amendments also acknowledge that the compliance officer may stay the issuance of administrative fines and penalties if an owner enters into a compliance agreement.

At its meeting on June 7, 2022, the City Council considered the draft Ordinance and voted unanimously to introduce the ordinance amending Sections 6.10.01 5, 6.10.030, and 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.

DISCUSSION

Item: 7
Category: CONSENT CALENDAR
Meeting Date: June 21, 2022
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Municipal Code Amendments - Compliance Agreements Page 2 of 3 Before a Campbell ordinance can become law, it must go through two readings before the City Council. Th e first reading is for the City Council’s initial review and the second reading allows for the City Council’s approval of the ordinance so that it becomes law.

With this report, staff recommends that the City Council approve Ordinance No. 2283 amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.

ENVIRONMENTAL DETERMINATION
With the adoption of Ordinance No. 2283, the City Council will determine that the Ordinance amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061.b.3 which states that a project is exempt if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. The proposed code amendments will create a new code enforcement tool to support the abatement of violations and would not result in any potential significant environmental effects.

FISCAL IMPACT
Any potential code enforcement fee revenue was identified in the Staff Report dated June 7, 2022. All costs associated with the publication and codification of the adopted ordinance are included in the City Clerk’s Office adopted Fiscal Year 2022 Operating Budget.

Prepared by:

Dusty Christopherson, City Clerk
Approved by:
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Brian Loventhal, City Manager
Municipal Code Amendments - Compliance Agreements Page 3 of 3 Attachment:
a. Ordinance - Compliance Agreements
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ORDINANCE NO. _____

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.10 OF THE CAMPBELL MUNICIPAL CODE TO ADD

PROVISIONS REGARDING THE USE OF COMPLIANCE AGREEMENTS IN CODE

ENFORCEMENT

After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows:

SECTION 1. Section 6.10.015 of the Campbell Municipal Code is hereby amended to read as follow:

As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates a different intent:
"Building official" means any person authorized t o enforce the building regulations of the city.
"City manager" means the duly appointed city manager of the city, or anyone authorized by him or her to carry out his or her duties under this chapter. "Community development director" means the director of t he community development department of the city, or anyone authorized by him or her to carry out his or her duties under this chapter.
“Compliance Agreement” shall mean an agreement between the city and responsible person that identifies a schedule with id entified milestones to obtain abatement of a violation "Disturbing the peace" means any of the following:
(1) Any violation of California Penal Code Section 415; or (2) Any act or course of conduct that a reasonable person would know to be likely to unreasonably and significantly disturb another in the regular conduct of their normal life activities.
"Enforcement costs" means all costs incurred by the city in enforcing the provisions of this chapter, whether by abatement, administrative proceedings or civil actions, or any combination of these actions. Enforcement costs shall include the following:
(1) Administrative and regulatory costs: including (a) any time spent by a city employee or contractor for code enforcement activities related to the code v iolation, such as inspections and reinspections, compliance reinspections, abatement actions, police services, administration, bookkeeping and accounting, legal services, supervision, preparing for and attending hearings, (b) administrative fines and

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penalties, and (c) other costs related to the enforcement such as costs of abatement, notices, and court costs. Costs based on time spent by city employees or contractors shall include salary, benefits, and overhead;
(2) Collection costs: costs incurred in secu ring payment of any delinquent amount owed to the city;
(3) Attorneys' fees: reasonable attorneys' fees incurred by the city, if the city has elected at the initiation of the individual action or proceeding to seek recovery of its attorneys' fees.
"Enforcement officer" means the building official, city code enforcement officer, police officer, the officials and animal control officers of the Silicon Valley Animal Control Authority, city department head (to the extent responsible for enforcing provisions of this code), or any other city employee designated by this code, the city manager, or any department head to enforce a provision of this code.
"Excessive littering" means throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes, which cause the waste matter to accumulate.
"Fire marshal" means any person authorized to enforce the fire regulations of the city; "Harassment of passersby" means any of the following conduct when initiated without the consent of the person to whom it is directed:
(1) The abuse of a passerby with words which are offensive and inherently likely to provoke an immediate violent reaction;
(2) Touching a passerby with an intent to intimidate or coerce; (3) Threatening the passerby with physical harm by word or gesture giving rise to a reasonable tendency to produce in the passerby a fear that the threat will be carried out;
(4) Coming closer than three feet to a passerby for the purpose of initiating a commercial transaction through intimidation or coercion; (5) Intentionally blocking or impeding a person's passage; (6) Following a passerby after he or she declines a solicitation with an inten t to intimidate or coerce that passerby.
"Hearing officer" means a person designated by the city manager to hear and decide any matter authorized pursuant to this chapter. The designated hearing officer shall be an impartial person, such as: (1) a city emp loyee from a department not involved in the prosecution of the matter to be decided, or (2) a person selected from a panel of hearing

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officers assembled by the city manager, or (3) a person hired from an organization which provides hearing officers. Hearin g officers shall be selected in such a manner that the hearing officer does not have a financial incentive to decide a matter to a particular conclusion. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by the amount of administrative citation fines upheld by the hearing officer. "Lewd conduct" means any of the following:
(1) Display or touching of one's own genitals in a place open to public view with t he intent or purpose of inducing sexual arousal or gratification in one's self or another; (2) Engaging in contact with the genitals of another person in a place open to public view with the intent or purpose of inducing sexual arousal or gratification in one's self or another;
(3) The non -consensual touching of another person with the intent or purpose of inducing sexual arousal or gratification in one's self or another; (4) Physical contact between anyone over eighteen years of age with someone under eighteen years of age with the intent or purpose of inducing sexual arousal or gratification in one's self or another; or
(5) Display by someone over eighteen years of age of his or her genitals to someone under eighteen years of age with the intent or purpose of inducing sexual arousal or gratification in one's self or another.
"Loitering" means to delay or linger without a lawful purpose for being on the property and for the purpose or intent of committing a crime as opportunity may be discovered. "Owner" means any person(s) shown as the property owner on the latest equalized property tax assessment rolls.
"Person" means a natural person or a legally recognized entity, including a corporation, partnership or public entity.
"Responsible person" means all of the following:
(1) A person who, by action or inaction (whether acting alone or with one or more other persons), causes, maintains, permits, or allows a violation of this chapter; (2) A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a violation of this chapter; (3) An owner of real property on which a violation of this chapter occurs; (4) A lessee or sub -lessee with the current right of possession of real property on which a violation of thi s chapter occurs;

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Attachment: Ordinance - Compliance Agreements (Municipal Code Amendments - Compliance Agreements)

Page 4 of 5 ends

(5) A person that uses real property on which a violation of this chapter occurs; (6) An on-site manager who regularly works on real property on which a violation of this chapter occurs and who is responsible for the business or other act ivities on that real property;
(7) The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the legal authority to act for a legal entity that is a responsible person under subsections (1) through (6) abov e; (8) If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons.
"Unreasonably loud noise" means a noise that a reasonable person would find to be so loud as to cause significant impairment to their normal life activities, or significant mental or physical injury.

SECTION 2. Section 6.10.030 of the Campbell Municipal Code is hereby amended to read as follows:

Whenever the enforcement officer finds that a nuisance, as defined by Section

6.10.020 exists on any premises located within the city, the code enforcement officer may advise t he property owner, or other responsible person of the nuisance and direct that person to abate the nuisance. The notice shall be in writing. The notification shall detail the violations and establish a reasonable abatement period. The notice shall be serve d either personally on the property owner or other responsible party, or sent by First Class United States mail, or other comparable or superior method of delivery. If there is no known address for the owner or other responsible party, the notice shall be sent in care of the property address. The failure of any person to receive such notice shall not affect the validity of the proceedings. The city may enter into a Compliance Agreement with the property owner to identify a schedule to accomplish the requir ed abatement.

SECTION 3. Paragraph (3) of subsection (c) of Section 6.10.180 of the Campbell Municipal Code is hereby amended to read as follows:

Due Date. All fines and fees for enforcement costs shall be due and paid to the city within thirty days from the date of the administrative citation. The enforcement officer may suspend the imposition o f fines through the terms of a Compliance Agreement or for any period of time during which the responsible person has filed for necessary permits, and su ch permits are required to achieve compliance, and the responsible person is actively pursuing permit approval and full compliance.

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SECTION 4. The City Council further finds that the proposed ordinance would not be detrimental to the public interest, hea lth, safety, convenience, or general welfare of the city; and would be internally consistent with other applicable provisions of the Campbell Municipal Code.

SECTION 5. The City Council further finds that the adoption of the proposed ordinance qualifies as Exempt from the California Environmental Quality Act (CEQA) under Section 15061.b.3 which states that a project is exempt if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

SECTION 6. This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in a newspaper of general circulation for the City of Campbell, County of Santa Clara.

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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Attachment: Ordinance - Compliance Agreements (Municipal Code Amendments - Compliance Agreements)

City
Council
Report

TITLE: Authorization to Execute a Ninth Amendment to the Agreement with the County of Santa Clara for the Abatement of Weeds (Resolution / Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to execute a ninth amendment to the Agreement with the County of Santa Clara for abatement of weeds.

BACKGROUND

Chapter 17.54 of the Campbell Municipal Code governs the abate ment of hazardous vegetation (weeds) on private property and/or adjoining rights -of-way. The Chapter requires that upon a declaration of the City Council that weeds constitute a public nuisance, owners of properties determined to contain hazardous vegetati on be notified that it is their responsibility to remove the vegetation "without delay."

Since 1976, the Santa Clara County Agricultural Commissioner’s Office has provided weed abatement services for the City, which includes the direct removal of any wee ds that constitute “hazardous vegetation”, the cost of which will be placed as a lien on the property tax roll. Property owners may protest this determination at a set public hearing.

The County provides this service to at least 10 other cities in the Cou nty, including Cupertino, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Gilroy, Palo Alto, San Jose, Santa Clara and the unincorporated areas.

DISCUSSION

In March, 2022, the County submitted an Amended and Restated Agreement in order to obligate all program participants to reimburse it for any shortfalls in the program (Attachment A) . The proposed agreement will apply to the County’s unincorporated areas and other contract cities participating in the County Program. The County has set forth an estimated amount for each jurisdiction based on Fiscal Year (FY) 202 2 costs (proportional to each jurisdiction’s program cost ). Based on FY 22 costs, Campbell’s percentage of the overall program is 2.5%, with a n estimated maximum shortfall of $16,874.73. Campbell’s percentage is based on the number of parcels that will be serviced (inspected) by the County. The percentages will be re -evaluated annually according to the number of parcels served and Campbell would not be subject to any Item: 8
Category: CONSENT CALENDAR
Meeting Date: June 21, 2022
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Weed Abatement Contract - County of Santa Clara Page 2 of 3 amount over the estimated percentage of properties in the program. Based on recent feedback from the County program manager, the County does not anticipate any program funding shortfalls for the FY 2023 Weed Abatement cycle.

If approved, the agreement would continue until terminated or until superseded by any subsequent amendments. If the County requires future funding from Campbell as described above to reimburse shortfalls in the program, the City could re-evaluate and terminate the agreement and take responsibility for the program. The Community Development Department is currently expanding its Code Enforcement Program, and could in the future assume responsibility of weed abatement services and provide the same approach as currently managed by the County.

FISCAL IMPACT
The maximum shortfall to fund Campbell’s percentage of the County’s cost to operate the Weed Abatement Program is $16,874.73 based on a FY 2022 benchmark. The County does not foresee any funding shortfalls for the FY 2023 program cycle. Thus, at this time, the costs will not be programmed into the Fiscal Ye ar 2023 Proposed Budget, but would be requested at mid-year should the need arise.

Prepared by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
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Weed Abatement Contract - County of Santa Clara Page 3 of 3 a. Weed Abatement Resolution_ June 2022
b. Restated Weed Abatement Agreement 2022
8 Packet Pg. 54
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO EXECUTE A NINTH AMENDMENT TO THE

AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE ABATEMENT OF WEEDS AND TO MODIFY THE CHARGE FOR THE COUNTY’S PROGRAM COSTS WHEREAS, Campbell Municipal Code Chapter 17.54 (Weed Abatement ), authorizes the City Council to take action to abate weeds and hazardous vegetation in the community; and
WHEREAS on November 1, 1976, the Agreement for the Abatement of Weeds by the County of Santa Clara and the City of Campbell ("Agreement") was entered into authorizing the County of Santa Clara to operate a weed abatement program on behalf of the City; and
WHEREAS, the Agreement was subsequently amended on May 18, 1981, February 15, 1983, November 4, 1996, Se ptember 1, 1998, October 19, 1999, January 12, 2001, December 27, 2011, and March 7, 2017; and
WHEREAS, the County has proposed a Ninth Amendment to the Agreement to require the City to make payment to the County to cover the City's proportional share of any deficit the program may incur; and
WHEREAS, the City desires to maintain its participation in the County weed abatement program in the interest of the public, health, safety, and welfare.

NOW, THEREFORE, BE IT RESOLVED that the City Council of th e City of Campbell hereby authorizes the City Manager to execute the Ninth Amendment to the Agreement with the County of Santa Clara for abatement of weeds, included herein as Exhibit A.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Paul Resnikoff, Mayor
ATTEST:

Dusty Christopherson, City Clerk

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Attachment: Weed Abatement Resolution_ June 2022 (Weed Abatement Contract - County of Santa Clara) 1 AMENDED AND RESTATED AGREEMENT BETWEEN

THE COUNTY OF SANTA CLARA AND THE CITY OF

CAMPBELL FOR WEED ABATEMENT SERVICES
THIS AGREEMENT for the Abatement of Weeds by County of Santa Clara for the City of Campbell (“AGREEMENT”) is made and entered into by and among the County of Santa Clara, a political subdivision of the State of California (“COUNTY”), and the City of Campbell (“CITY”), a municipal corporation, effective this __________________ (“EFFECTIVE DATE”). COUNTY and CITY may be collectively referred to herein as the “PARTIES” and individually as a “PARTY,” unless specifically identified otherwise.

RECITALS
WHEREAS, pursuant to California Government Code Sections 39501 et seq., the CITY has the authority to require and provide for the abatement of hazardous weeds on properties within its jurisdiction either by ordinance or pursuant to the procedures set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560); and WHEREAS, the CITY has duly established under Chapter 17.54 of the Campbell Municipal Code a program to abate as a public nuisance hazardous weeds and brush situated on properties in the CITY; and
WHEREAS, under provisions of the California Health and Safety Code and its ordinances, the County also has duly established a program to enforce the abatement of hazardous weeds; and WHEREAS, for reasons of efficiency, economy of operations and resources, and the mutual benefit of both parties, the CITY and the COUNTY desire the COUNTY to provide weed abatement services on properties in the CITY and to assist the CITY in administering certain parts of the CITY’S weed abatement program under Chapter 17.54 of the Campbell Municipal Code, all in accordance with the terms and provisions set forth in this AGREEMENT; and WHEREAS, the CITY may contract with COUNTY pursuant to Government Code section 51300 et seq. for the County’s performance of specified City functions; and WHEREAS, the CITY and COUNTY entered into an “Agreement for the Abatement of Weeds by County of Santa Clara for the City of Campbell” on November 1, 1976, as subsequently amended, which provided for the abatement of weeds by the COUNTY on behalf of the CITY; and WHEREAS, the CITY and COUNTY desire to enter into an amended and restated AGREEMENT for the abatement of weeds to provide for the COUNTY to fully recover its service costs in administering the CITY’s weed abatement program and to make other clarifying changes.

NOW, THEREFORE, in consideration of their mutual promises, covenants, and agreements set forth in this AGREEMENT, the PARTIES hereby agree as follows:

SECTION 1. PURPOSE.

The purpose of this AGREEMENT is to promote efficiency and economy of operations and resources in the abatement of weeds in the CITY and COUNTY. To achieve this end, the CITY hereby delegates to the COUNTY and the COUNTY hereby accepts the responsibility of abating weeds on properties in the

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 2 CITY and administering the CITY’s weed abatement program, set forth in Chapter 17.54 of the Campbell Municipal Code (“PROGRAM”), subject to and in accordance with this AGREEMENT.

SECTION 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall continue until the governing body of the CITY or the COUNTY exercises the right to terminate this AGREEMENT pursuant to SECTION 18 of this AGREEMENT. This AGREEMENT supersedes and replaces the previous “Agreement for the Abatement of Weeds by County of Santa Clara for the City of Campbell” and any and all subsequent amendments thereto.

SECTION 3. SCOPE OF SERVICES; PERFORMANCE SCHEDULE.

A. The COUNTY shall perform weed abatement services on properties located in the CITY and administer the PROGRAM (collectively, the “SERVICES”) in accordance with all applicable laws, rules, and regulations, including Chapter 17.54 of the Campbell Municipal Code, and the provisions of this AGREEMENT, as they may be amended from time to time.

B. The COUNTY shall perform these SERVICES in accordance with the schedule set forth in EXHIBIT “A,” entitled SCHEDULE OF PERFORMANCE,” attached hereto and incorporated herein by this reference, except that SERVICES on properties owned by the CITY shall be performed only upon written request by the CITY.

C. The COUNTY shall attend all meetings of the CITY Council or meetings of other CITY committees, boards or hearing bodies at which weed abatement SERVICES, refunds of weed abatement charges, or other issues related to the SERVICES or this AGREEMENT are discussed, when the COUNTY’s attendance is requested by the CITY.

D. Upon request by the CITY, the COUNTY shall provide to the CITY for its review and comment the COUNTY’s specifications and qualifications for contractors or other agents of the COUNTY obtained or hired by the COUNTY to perform weed abatement SERVICES on behalf of the COUNTY on properties located in the CITY.

SECTION 4. NOTICES.

The COUNTY shall prepare copies of all notices required in connection with the SERVICES and cause such notices to be posted, published, mailed, and/or distributed as required by applicable law. The COUNTY shall provide copies of such notices to the CITY for prior review and approval as set forth on EXHIBIT A, entitled “SCHEDULE OF PERFORMANCE,” or where not provided for in the SCHEDULE OF PERFORMANCE, at least thirty (30) days prior to the date that the COUNTY desires or is required to post, publish, mail, or otherwise distribute the material.

SECTION 5. HEARINGS.

The CITY Council, or the committee, board, or other hearing body designated by the CITY Council to conduct hearings in connection with the PROGRAM, retains the responsibility to conduct public hearings and adopt appropriate resolutions and orders in accordance with Chapter 17.54 of the Campbell Municipal Code and this AGREEMENT, including its EXHIBIT A, “SCHEDULE OF PERFORMANCE.”
//

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 3 //

SECTION 6. STATEMENT OF COSTS.

A. In December of each calendar year, the COUNTY shall deliver to the CITY a schedule of all reasonable and necessary fees and costs approved and adopted by the COUNTY Board of Supervisors for administrative, enforcement, and abatement services to be provided under this AGREEMENT (“FEE SCHEDULE”). Such fees and costs shall not exceed the reasonable costs of providing such services. All fees and costs in said FEE SCHEDULE shall be recoverable by the COUNTY pursuant to this SECTION and SECTION 7 of this AGREEMENT unless within sixty (60) days of the COUNTY’s delivery of said schedule to the CITY, the City Council of the CITY expressly declines to accept any fee or cost in said FEE SCHEDULE. In the event the City Council does decline to accept any fee or cost in said FEE SCHEDULE, the COUNTY shall be relieved of any and all obligations to provide any SERVICES under this AGREEMENT for the weed abatement season associated with the disapproved fee or cost.

B. At least ten (10) days prior to the date of the public hearing before the CITY regarding the placement of special assessment liens on properties for weed abatement charges, which meeting usually occurs before August 10 of each year, the COUNTY shall render to the CITY a report of weed abatement SERVICES performed by the COUNTY on properties within the CITY during the preceding twelve (12) months (“REPORT”). The REPORT shall include, without limitation, all of the following information:

1. The total number of weed abatements performed in the CITY;

2. The total number of properties upon which weed abatements were performed in the CITY;

3. A statement of all the costs and expenses incurred by or on behalf of the COUNTY for weed abatement SERVICES performed on properties located in the CITY, itemized with the aggregate administrative, enforcement, and abatement expenses and costs incurred by the COUNTY on each property, which shall be in accord with the fees and costs in the FEE SCHEDULE submitted by the COUNTY to the CITY pursuant to Section 6.A of this AGREEMENT;

4. A description of all the properties in the CITY, by address and Assessor’s Parcel Number, on which weed abatement SERVICES were performed; and

5. Verification of the truthfulness, accuracy, and completeness of the REPORT, executed by the COUNTY employee charged with the supervision of the SERVICES.

SECTION 7. PAYMENT FOR SERVICES.

A. Except as provided in SECTIONS 7.B and 7.C, the COUNTY shall be reimbursed for SERVICES provided under this AGREEMENT by remittances from property owners for weed abatement and related costs and expenses for SERVICES performed on their respective lots and parcels of land. The CITY, after hearing, shall require the costs and expenses of SERVICES performed for the current year to be entered as a special assessment on bills for taxes levied against the respective lots and

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 4 parcels of land. Such special assessments shall be liens on the respective properties until paid to the COUNTY.

B. Within 60 days of receipt of an invoice for costs and expenses incurred on CITY-owned parcels, the CITY shall reimburse the COUNTY for the costs of such SERVICES. Charges for SERVICES on parcels owned by the CITY shall equal the cost of SERVICES performed by the weed abatement contractor on the CITY-owned parcels plus 20% of said contractor service costs.

C. If the amounts submitted for collection from property owners in Santa Clara County for provision of weed abatement services by the COUNTY are inadequate to reimburse the COUNTY for its fixed costs of administering countywide services during the preceding twelve (12) months, the COUNTY may make a demand to the CITY for its proportional share of the shortfall (less amounts offset by accrued program revenues) by September 1 of each year. The CITY agrees to pay the COUNTY for the CITY’s proportional share of any such shortfall within sixty (60) days of demand by the COUNTY. The CITY’S proportional share shall be calculated based on the percentage of parcels on which weed abatement services were performed which are located in the CITY as compared to the total number of parcels on which weed abatement services are provided. (For example, for Fiscal Year 2022, the CITY'S parcels constitute 2.5% of the total parcels. This would result in an estimated maximum share of shortfall contribution by the CITY of $16,874.73 for Fiscal year 2022.). The COUNTY’s demand for payment under this SECTION 7.C. shall be accompanied by a statement of the total shortfall in the COUNTY’s reimbursement for fixed program costs for the preceding twelve (12) months and of any accrued program revenues available to offset the shortfall, as well as a statement of the CITY’s proportional share of that shortfall (minus offsets by accrued program revenues).

D. Except as provided in SECTIONS 7.B and 7.C., the CITY has and assumes no liability for the payment of salary, wages, benefits, pensions, compensation or any other amounts to officers, agents, employees or contractors of COUNTY performing SERVICES hereunder.

SECTION 8. INDEMNIFICATION.

In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by PARTY shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the other PARTIES, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this AGREEMENT. No PARTY, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other PARTIES under this AGREEMENT.

SECTION 9. RECORDS.

Each officer or department of the COUNTY performing any SERVICES pursuant to this AGREEMENT shall keep itemized and detailed work or job records covering the costs of services performed under this

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 5 AGREEMENT. COUNTY shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, following the performance of any SERVICES.

SECTION 10. ENTIRE AGREEMENT.

This AGREEMENT and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the PARTIES. It incorporates and supersedes all the agreements, covenants and understandings between the PARTIES concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this AGREEMENT. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the PARTIES or their agents shall be valid or enforceable unless embodied in this AGREEMENT.

SECTION 11. AMENDMENTS.

This AGREEMENT may only be amended by a written instrument signed by the PARTIES.

SECTION 12. GOVERNING LAW, VENUE.

This AGREEMENT has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this AGREEMENT shall be in the County of Santa Clara.

SECTION 13. ASSIGNMENT.

No assignment of this AGREEMENT or of the rights and obligations hereunder shall be valid without the prior written consent of the other PARTY.

SECTION 14. WAIVER.

No delay or failure to require performance of any provision of this AGREEMENT shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a PARTY shall be in writing and shall apply to the specific instance expressly stated.

SECTION 15. COMPLIANCE WITH LAWS.

COUNTY and CITY shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies in the performance of services under this AGREEMENT.

SECTION 16. THIRD PARTY BENEFICIARIES.

This AGREEMENT does not, and is not intended to, confer any rights or remedies upon any person or entity other than the PARTIES.

SECTION 17. INDEPENDENT CONTRACTORS.

The COUNTY and the CITY agree that this AGREEMENT is by and between independent contractors.

This AGREEMENT is not intended, nor shall it be construed, to create a relationship of agent, servant, employee, partnership, joint venture, or association between the COUNTY and the CITY.

SECTION 18. TERMINATION

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 6 A. The COUNTY or the CITY may terminate this AGREEMENT as of the first day of September of any year by giving notice to the other PARTY not less than thirty (30) days prior to the date of termination.

B. The [state position], or his or her delegatee or designee, is authorized to terminate this AGREEMENT on behalf of the CITY.

C. The COUNTY’s Agricultural Commissioner, or his or her delegatee or designee, is authorized to terminate this AGREEMENT on behalf of the COUNTY.

SECTION 19. NOTICES

Except as otherwise stated, any notice required or permitted by this AGREEMENT will be in writing and delivered as follows with notice deemed given as indicated: (a) by personal delivery when delivered personally; (b) by overnight courier upon written verification of delivery; (c) by email, telecopy, or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, upon confirmation of delivery. The PARTIES may deliver notice as follows:

TO COUNTY:

County of Santa Clara Consumer and Environmental Protection Agency 1553 Berger Drive #200, San Jose, CA 95112
Fax: 408-286-2460
Email: [email protected]
Attn: Weed Abatement Manager

TO CITY:

SECTION 20. INTERPRETATION.

The captions preceding the sections of this AGREEMENT have been inserted for convenience of reference only and such captions shall in no way define or limit the scope or intent of any provision of this AGREEMENT. This Agreement has been negotiated at arm’s length and between parties sophisticated and knowledgeable in the matters contained herein. This AGREEMENT shall be interpreted to achieve the intents and purposes of the PARTIES, without any presumption against the PARTY responsible for drafting any part of this AGREEMENT. Provisions in this AGREEMENT relating to number of days shall be calendar days, unless otherwise specified, provided that if the last day of any period to give notice, reply to a notice or to undertake any other action occurs on a Saturday, Sunday or a bank or COUNTY holiday, then the last day for undertaking the action or giving or replying to the notice shall be the next succeeding business day. The Recitals are incorporated and made a part of this AGREEMENT.

SECTION 21. COUNTERPARTS.

This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 7 //

SECTION 22. CONTRACT EXECUTION

Unless otherwise prohibited by law or COUNTY policy, the PARTIES agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY.

THE PARTIES TO THIS AGREEMENT hereby indicate their acknowledgement and acceptance of the terms and conditions stated herein as evidenced by the following signatures of their duly authorized representatives.

COUNTY OF SANTA CLARA CITY OF CAMPBELL

Jeffrey V. Smith
County Executive
Dated: _______________________________

Title: _______________________________
Dated: ______________________________

APPROVED AS TO FORM AND LEGALITY:

Willie Nguyen
Deputy County Counsel

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 8 EXHIBIT “A”

SCHEDULE OF PERFORMANCE

The COUNTY shall perform the SERVICES as follows:

On or before November 15 of each year: The County shall request a resolution from the CITY declaring that certain weeds located on
properties in the CITY constitute a public nuisance
and setting a date for a public hearing.

Before the date of the CITY governing body
meeting declaring weeds a nuisance subject to
abatement:

The COUNTY shall provide to the CITY for
review and processing by the CITY a complete
Master List of properties, including Assessor’s
Parcel Numbers, located in the CITY upon which
hazardous weeds are growing or are likely to grow.

No later than ten (10) days prior to the day of the
CITY hearing on objections to the notices to
destroy weeds:

The COUNTY shall post notices to destroy weeds
at property or mail notices to destroy weeds to
property owners regarding the CITY hearing, as
directed by resolution of the CITY Council.

No later than ten (10) days prior to the day of the
CITY hearing on objections to notices to destroy
weeds:

The COUNTY shall deliver to the CITY a FEE
SCHEDULE listing all reasonable and necessary
fees and costs approved and adopted by the
COUNTY Board of Supervisors for administrative,
enforcement, and abatement services to be
provided under this AGREEMENT in accordance
with SECTION 6.A of this AGREEMENT.

The CITY Council shall hold a public hearing to
hear objections to the notices to destroy weeds.

By resolution at the conclusion of the hearing, the
CITY Council shall allow or overrule any or all
objections to the proposed abatement of weeds.

After adoption of CITY resolution ordering the
abatement of weeds on certain properties as
public nuisances:

The CITY shall proceed with weed abatement
work on properties located in the CITY in
accordance with the resolution adopted by the
CITY Council and this AGREEMENT.

At least ten (10) days prior to the date of the
public hearing before the CITY’s governing
body regarding the placement of special
assessment liens on properties for weed
abatement charges:

Pursuant to SECTION 6.B of this AGREEMENT,
the COUNTY shall provide to the CITY for review
and processing a complete and accurate REPORT
of costs and expenses incurred by or on behalf of
the COUNTY for weed abatement SERVICES
performed in the CITY during the preceding twelve
(12) months under this AGREEMENT.

On or before August 10 of each year:

The COUNTY shall obtain a resolution from the
CITY to confirm the REPORT and order the weed
abatement costs to be a special assessment against
the affected properties.

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) 9 At least ten (10) days prior to the CITY meeting
to hear objections to the REPORT:

The CITY shall mail a notice to all property
owners identified in the REPORT, which provides
the date, time, and place of the CITY Council’s
hearing on the REPORT at which person may
appear and object to the REPORT.

Upon adoption of resolution by the CITY
Council confirming or amending REPORT and
ordering weed abatement costs become a special
assessment lien against the affected properties
and filing of REPORT with COUNTY Auditor:

The COUNTY shall enter each such assessment on
the COUNTY tax roll and cause such amounts to
be collected at the same time, and in the same
manner, as general CITY taxes are collected.

Upon request by CITY The COUNTY shall perform weed abatement SERVICES on CITY-owned lots and parcels.

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Attachment: Restated Weed Abatement Agreement 2022 (Weed Abatement Contract - County of Santa Clara) City
Council
Report
TITLE: Authorization to Issue a Request for Proposals for Water Bottle Refill Station Procurement and Installation (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the issuance of a Request for Proposals (RFP) for the purchase and installation of water bottle refill stations at various locations and authorizing the City Manager to award and execute the contract in an amount not to exceed $120,000.

BACKGROUND
The State of California Department of Resources, Recycling, and Recovery (CalRecycle) manages the state’s recycling and waste management programs and regularly offers grant opportunities in a variety of program areas. The goal of the Beverage Container Recycling Grant Program is to decrease waste generation, increase separation of waste, and reduce beverage container litter in the waste stream.

The recent grant cycle authorized grant funds to be implemented on t he purchase, installation, and maintenance of water bottle refill stations to promote reusable water bottles.

On November 17, 2020, the City Council adopted Resolution No. 12652 authorizing the submittal of an application to CalRecycle for the Beverage Con tainer Recycling Grant , to reduce the number of single -use water bottles . Staff applied for the grant to procure and install water bottle refill stations at frequently visited parks and facilities. On July 22, 2021, the City of Campbell was awarded CalRecy cle F iscal Year 2021-22 Beverage Container Recycling Grant in the amount of $120,000.

DISCUSSION
Staff has prepared specifications for the procurement and installation of water bottle refill stations and is recommending moving forward with issuing a Request for Proposals (RFP) from potential service providers. The RFP document clearly defines the expectations of the City in terms of locations, products, and services required. Upon receipt of the proposals, staff will consider, review and evaluate each pro posal for quality, service delivery, experience, and pricing of services. The vendor with the best combination of score and pricing will be awarded the service contract.

Item: 9
Category: CONSENT CALENDAR
Meeting Date: June 21, 2022
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Request for Water Bottle Refill Station Procurement and Installations Page 2 of 2

FISCAL IMPACT
The funds from the CalRecycle Beverage Container Recycling Grant do n ot require a local match. The costs associated with this project will be reimbursed by the CalRecycle Beverage Container Recycling Grant in an amount up to $120,000. The associated revenue and expenditures have been identified and included in the City ’ Proposed Operating Budget under the Environmental Services Fund ( No. 209) for F iscal Year 2023.

Prepared by:

Peri Newby, Environmental Program
Specialist
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Water Bottle Refill Stations RFP v2
9 Packet Pg. 66

RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR

WATER BOTTLE REFILL STATION PROCUREMENT AND INSTALLATIONS AT

VARIOUS LOCATIONS IN THE CITY OF CAMPBELL

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of t he State of California’s efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, on November 17, 2020 the City Council authorized the submittal of an application to CalRecycle for the Beverage Container Recycling Grant; and

WHEREAS, on July 22, 2021 the City of Campbell was awarded CalRecycle’s Fiscal Year 2021-22 Beverage Container Recycling Grant; and

WHEREAS, awarding the water bottle refill station procurement and installation contract to the lowest b idder will not produce a ser vice provider that can meet the procurement and installation needs for the various installation locations; and

WHEREAS, the R equest for Proposal seeks special services, consultation and advice in engineering and oth er matters from persons speci ally trained, experienced and competent to perform the special services required; and

WHEREAS, procurement and installation of the water bottle refill stations are evaluated and awarded using a Request for Proposal process tha t evaluates the quality of service, as well as pricing, and awards the contract to the contractor proving the best value to the City.

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Campbell that the Public Works Director is hereby authorized to issue an Request for Proposal for the purchase and installation of water bottle refill stations for grant approved locations.

BE IT FURTHER RESOLVED that t he City Council authorizes the City Manager to award the contract and enter into a consult ant service s agreement with the most qualified respondent for an amount not to exceed $120,000.

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Attachment: Resolution (Request for Water Bottle Refill Station Procurement and Installations)

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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Attachment: Resolution (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov

REQUEST FOR PROPOSALS
(RFP)

Water Bottle Refill Station Procurement and
Installations

RFP Release Date
July 6, 2022

Proposal Submittal Deadline
August 17, 2022 - 4:00p.m.

Contact Person: Peri Newby
Environmental Program Specialist
City of Campbell
70 North First Street
Campbell, CA 95008
(408) 866-2155
[email protected]

REQUEST FOR PROPOSALS

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov Water Bottle Refill Station Procurement and Installation The City is issuing this Request for Proposals (“RFP”) for Water Bottle Refill Station Procurement and Installations.

Submittals are due no later than 4:00 p.m. on Wednesday, August 17, 2022. The City of Campbell reserves the right to reject all proposals and to waive any informality. Proposals may be submitted by email to [email protected].

All contractors interested in submitting bids for this project are invited to attend a Mandatory walk-through, conducted by the City’s Environmental Program Specialist and Building Maintenance Supervisor. The Mandatory Walk-Through will be held at 10:00 a.m. on Thursday, August 11, 2022, at the Tennis Courts at the Campbell Community Center located at 110 W Latimer Ave, Campbell, CA 95008. The mandatory walk-through will consist of a limited tour of the project sites. The walk-through will be conducted in a manner consistent with the most current Public Health Orders issued by the County of Santa Clara Health Officer. Additional information can be found at:
https://covid19.sccgov.org/public-health-orders. Any questions should be directed to Peri Newby at 408-866-2155.

Failure to comply with the requirements set forth in this RFP may result in disqualification.

Proposals and/or modifications received subsequent to the hour and date specified above will not be accepted. Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. No handwritten notations or corrections will be allowed.

The contract award, if any, will be made to the Consultant who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City. Please submit all inquiries to [email protected]
or via phone to Peri Newby at (408) 866-2155
by the Request for Clarifications due date listed below.

Project Schedule
Below is a desired schedule for initiation of this project; however dates may be subject to change and adjusted as necessary.

RFP Issued
July 6, 2022
Request for Clarifications Due July 13, 2022
Clarification Responses Provided August 3, 2022
Site Walk-through August 11, 2022
Proposal Submittal Deadline August 17, 2022
Award Contract August 24, 2022
Start Contract August 29, 2022
Objective
The City of Campbell is requesting proposals from suppliers and installers to provide City water bottle refill station fountains and installation services. The Public Works Department has a need to acquire and install 16 water bottle refill station fountains. Locations include both

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov indoor and outdoor locations. The scope of work outlined below illustrates the specific units and installation services requested.

Scope of Services
Project tasks shall include but are not limited to, the following described below. If the contractor feels that additional tasks are warranted, they must be clearly identified in the submitted proposal. Contractors responding to this RFP shall be prepared to deliver services beginning no later than October 1, 2022. The project consists of furnishing all labor, materials, supervision, and travel necessary to complete the tasks outlined below.

The contractor selected would perform the following services under the direction of the City Environmental Program Specialist and Building Maintenance Supervisor:

1. The City intends to select one contractor from whom to purchase and install 16 Elkay water bottle refill stations to replace existing units within specified locations.

2. Contractor shall provide current pricing for the items listed in Exhibit A a. Unit cost of each item shall include shipping, handling, and freight charges. b. The City reserves the right to adjust the quantities ordered in conjunction with this RFP.

3. Contractor shall provide warranty information for the units listed in Exhibit A.

4. Contractor shall provide the delivery time for the items listed in Exhibit A after receipt of purchase order.

5. Units shall be delivered to:

City of Campbell – Service Yard
Attn: Ron Taormina
290 Dillion Ave.

Campbell, CA 95008

6. The contractor is tasked with removi ng existing non‐bottle filling water fountains and replacing them with the below listed new bottle filling stations. The location of the fountains to be replaced is shown in Exhibit B tables and photographs. a. Fourteen (14) multi-level and freestanding outdoor units b. Two (2) outdoor wall-mounted units
c. One (1) indoor wall-mounted unit

7. The contractor shall furnish all labor, material, equipment necessary to perform the above referenced work.

8. All fountains shall be purchased and installed no later than December 31, 2022 (assuming bottle filling station delivery is timely).

9. Pedestrian safety measures shall be put in place around the site of installation prior to, and during, each installation until completed. Safety measures include caution tape and safety cones.

10. All units shall be installed as stated in the installation manuals of each unit.

11. Contractor may be required to perform minor plumbing adjustments for the waste line and water supply line to install the new units.

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov

12. Remove all debris from the area after completing the install so the area is clean when the install is through to include any water that may leak on the floor from the removed fountain.

13. Besides the installation of a new unit, all sites shall be brought back to pre -installation condition, including but not limited to the replacement of dry -wall and cement if necessary.

14. Contractor is responsible for any damage to the wall or floor around the installation caused as a result of their installation activities.

15. Contact the City’s Environmental Program Speci alist and Building Maintenance Supervisor when a location is completed for a site review.

16. Only one water fountain may be taken out of service at a time before a second unit is shut down. There should never be more than two fountains out of service at any g iven time, unless it has been previously approved by the City Environmental Program Specialist and Building Maintenance Supervisor personnel.

General
The Contractor may recommend other tasks that it deems appropriate to achieve the objectives set forth in this RFP.

Public Records
All proposals submitted in response to this RFP become the property of the City. Information in the proposal, unless specified as trade protected, may be subject to public review. Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.

Right to Cancel and Amend
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises the RFP, all Consultants will be notified in writing.

Additional Information
The City reserves the right to request additional information and/or clarification from any or all Consultants.

Conflict of Interest
Selected consultant covenants that the company, its officers , employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City. Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov Release of Public Information
Consultants who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.

Non-Assignment
If a contract is awarded, the selected Consultant shall neither assign, nor delegate, in part or in whole, any duties without the prior written consent of the City which shall not be unreasonably withheld.

Collusion
Each Consultant certifies that the company, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The Consultant certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding Consultants.

Debarment
By submitting a proposal, the Consultant certifies that the company is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.

Equal Employment Opportunity Compliance
The selected Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Consultant shall ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation and termination, regardless of their race, creed, color, sex, national origin, age, or physical handicap.

Right to Audit
The selected Consultant shall maintain such financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The selected Consultant shall retain these records for a period of three years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract or service agreement and the subsequent three- year period for examination, transcription, and audit by the City or its designees.

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov Proposal Submittal
Proposals are due no later than 4:00 p.m. on Wednesday, August 17, 2022. Proposals may be submitted by email to [email protected]. All proposals must be include the subject line “Proposal for Water Bottle Refill Station Procurement and Installation” and received by email no later than 4:00 p.m. on Wednesday, August 17, 2022. Late proposals will not be considered. The responding Consultant is solely responsible for all costs related to the preparation of the proposal. The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.

The selection of a qualified contractor will be by an approved City procedure for awarding professional contracts. The City reserves the option to retain all proposals, whether selected or rejected. Once submitted, the proposals and any supplemental documents become the property of the City. All proposals shall remain firm for ninety (90) days following closing date for receipt of proposals. The proceedings of the selection process are confidential.

1. Format for Proposal: To facilitate the review of responses, all responses are required to adhere to the following requirements with regard to their proposal. The City strongly encourages respondents to ensure that RFP submissions are succinct and clearly organized. If the proposal is not in this format or does not incl ude all of the listed items, it may be deemed nonresponsive.
a. Title Page showing the request for proposals subject; the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal.
b. Table of Contents identifying the materials submitted by section and page number.
c. Detailed Proposal following the order as set forth below.

2. Cover Letter: Cover letter signed by an officer of the firm, binding the firm to all the commitments made in the submittal. The cover letter also needs to provide a narrative outlining the reasons why your firm should be selected. The primary contact for your firm should also be provided in the cover letter, including their phone number and their email and mailing addresses.

3. B
ackground: Proposer(s) must furnish satisfactory evidence of their ability and experience in procuring and installing water bottle refill stations in similar scope and size.

4. P roject Understanding and Approach: Please include a statement demonstrating your understanding of the proposed scope of services. This project is funded by a CalRecycle grant. Grant projects are time sensitive and tasks are expected to be completed in a timely and thorough manner. Describe your approach to meeting these requirements while also containing costs. What processes, methodologies and technologies do you employ? Describe what information you would expect the City to supply.

5. R
elevant Experience: Please describe your company’s past performance in providing similar services to other organizations. Provide references from at least three (3) California organizations that your firm is current ly providing, or has provided within

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov the last three (3) years, similar procurement and installation services. Address your firm’s record of meeting schedules and controlling costs.

6. Conflict of Interest Statement: The firm shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract.

Particular attention should be paid to compliance with Government Code section 1090.

7. C
omments on or Requested Changes to Contract: The City standard c ontract services agreement is included as Exhibit C to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard agreement language in this section.

Term of Contract
The initial contract term shall co mmence upon execution of the contract by the City and shall be for a one (1) year period or once scope of work is completed and approved.

Evaluation of Proposals and Selection Process
Evaluation of the proposals will be made by the City Environmental Progr am Specialist, Building Maintenance Supervisor, and other City staff as deemed appropriate by the Public Works Director. This evaluation team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed. During the evaluation period, the team may elect to interview some or all of the proposing firms. The final selection will be the firm that, in th e City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing the project’s scope of work, and is in the City's best interest. The City maintains the sole and exclusive right to evaluate the merits of the proposals r eceived.

Consultants will be objectively evaluated based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the firm could best satisfy the requirements of City. Proposals will be evaluated on the following criteria:

No. Written Evaluation Criteria Weight
1 Cost 55
2 Experience 25
3 References 15
4 Local Business 5
Subtotal: 100

Exhibit A: New Units and Photos of Current Units
Exhibit B: New Units and Location of Installation

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) 70 N. First Street • Campbell, CA 95008 • (408)-866-2155 • www.campbellca.gov Exhibit C: Sample Contract Services Agreement

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) Exhibit A - New Units and Photos of Current Units
indoor/
outdoor
free standing/
wall mount
elkay unit name New Unit
elkay ID QTY Current Units
Outdoor Free Standing
w/ Pet
Elkay Outdoor ezH2O Bottle
Filling Station, Bi-Level
Pedestal with Pet Station Non-
Filtered, Non-Refrigerated
Freeze Resistant
LK4420BF1UDBFRK 1
Outdoor Wall Mount
Elkay Outdoor EZH2O Bottle
Filling Station Wall Mount,
Non-Filtered Non-
Refrigerated
LK4408BF 1
Outdoor Free Standing
w/ 2 fountains
Elkay Outdoor ezH2O Bottle
Filling Station Tri-Level
Pedestal, Non-Filtered Non-
Refrigerated FR
LK4430BF1UFRK
1 Indoor Wall Mount
Elkay EZH2O Bottle Filling
Station with Integral SwirlFlo
Fountain, Refrigerated
Filtered Stainless
LZWS-LRPBM8K
1 Outdoor Wall Mount
Elkay ezH2O Vandal-Resistant
Bottle Filling Station, & Bi-
Level Cooler, Non-Filtered
Non-Refrigerated Stainless
VRCTLDDWSK 1
Outdoor Free Standing
Elkay Outdoor ezH2O Bottle
Filling Station Bi-Level
Pedestal, Non-Filtered Non-
Refrigerated Freeze Resistant
LK4420BF1UFRK 11

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations) Exhibit B - New Units and Location of Installation
Locations Indoor/
Outdoor
Free Standing/
Wall Mount Elkay Unit Unit ID QTY Color
Ainsley Park Outdoor Free Standing
Elkay Outdoor ezH2O Bottle Filling
Station Bi-Level Pedestal, Non-
Filtered Non-Refrigerated Freeze
Resistant
LK4420BF1UFRK 1 Evergreen
Free Standing
Elkay Outdoor ezH2O Bottle Filling
Station Bi-Level Pedestal, Non-
Filtered Non-Refrigerated Freeze
Resistant
LK4420BF1UFRK 1 Evergreen
Free Standing w/ Pet
Elkay Outdoor ezH2O Bottle Filling
Station, Bi-Level Pedestal with Pet
Station Non-Filtered, Non-
Refrigerated Freeze Resistant
LK4420BF1UDBFRK
1 Evergreen
Jack Fischer Park Outdoor Wall Mount
Elkay Outdoor EZH2O Bottle Filling
Station Wall Mount, Non-Filtered
Non-Refrigerated
LK4408BF
1 Evergreen
Hyde Park Outdoor Free Standing
Elkay Outdoor ezH2O Bottle Filling
Station Bi-Level Pedestal, Non-
Filtered Non-Refrigerated Freeze
Resistant
LK4420BF1UFRK 1 Evergreen
Elkay Outdoor ezH2O Bottle Filling
Station Bi-Level Pedestal, Non-
Filtered Non-Refrigerated Freeze
Resistant
LK4420BF1UFRK
6 Evergreen
Elkay Outdoor ezH2O Bottle Filling
Station Tri-Level Pedestal, Non-
Filtered Non-Refrigerated FR
LK4430BF1UFRK
1 Evergreen
Edith Morley Park
Near RR's
Community Garden
Outdoor Free Standing
Elkay Outdoor ezH2O Bottle Filling
Station Bi-Level Pedestal, Non-
Filtered Non-Refrigerated Freeze
Resistant
LK4420BF1UFRK 2 Evergreen
City Hall 2nd Floor Indoor Wall Mount
Elkay EZH2O Bottle Filling Station
with Integral SwirlFlo Fountain,
Refrigerated Filtered Stainless
LZWS-LRPBM8K
1 N/A
Community Center
Tennis court/Track restroom
building
Outdoor Wall Mount
Elkay ezH2O Vandal-Resistant Bottle
Filling Station, & Bi-Level Cooler, Non-
Filtered Non-Refrigerated Stainless
VRCTLDDWSK 1 N/A
16 Campbell Park
Basketball Court
Trail w/ Pet Station
Outdoor
JDM Park
Rincon Side
Ball Field & Pedestrian Path
Ball Field
Pedestrian Bridge
Pedestrian Path
Playground & Pedestrian Path
Playground
Budd Side
Ball Field
Outdoor Free Standing

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and

J:\FORMS\Templates\Agreements & Contracts\Archieved Contract Templates\Contract Services Agreement Short Form.docm (Rev 09/15)

CONTRACT SERVICES AGREEMENT

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the day of , 20 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and (Name) , (Address) , (City) , (State) , (Zip) ,
(Phone (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:

CONTRACTOR shall provide or furnish the following specified services and/or materials:

EXHIBITS: The following attached exhibits hereby are made part of this Agreement:

TERMS: The services and/or materials furnished under this Agreement shall commence on and shall be completed before .

COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount not to exceed: $ , unless authorized otherwise by City.

GENERAL TERMS AND CONDITIONS:

Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. If any provision in this Agreement is held by any court or trier of fact to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

Hold Harmless : With respect to any design professional services provided by CONTRACTOR , the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, c aused by, pertaining or relating to, or arising out of, or alleged to have been caused by or arise out of , pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, except for any claims, actions, causes of action, los ses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

With respect to all matters other than those covered by the for egoing paragraph, CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defen ding any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations)

AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):

J:\FORMS\Templates\Agreements & Contracts\Archieved Contract Templates\Contract Services Agreement Short Form.docm (Rev 09/15) 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 foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement.

City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell Business License.

Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before commencing any services under this agreement.

GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general liability, broad form general liability and busines s automobile liability insurance in connection with the CONTRACTOR’S performance, in the amount of not less than $1,000,000 per occurrence. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit.

Liability policies shall be endorsed to name CITY, its officers, volunteers, and employees as “insureds” under said insurance coverage and to state that such insurance shall be deemed “primary” such that any other insurance that may be carried by CITY shall be excess thereto. Such insurance shall be on an “occurrence,” not a “claims made,” basis and shall not be can celable or subject to reduction except upon thirty (30) days prior written notice to CITY (10 day notice for non-payment of premium). Endorsements shall be provided by or acceptable to the CITY.

WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall maintain Workers’ Compensation and Employers Liability insurance for all of its employees who are in any way connected with performance of these services. The Workers’ Compensation Insurance shall comply with all applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000. The CONTRACTOR shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreem ent shall be available to the City when the City is named as an additional insured pursuant to this Agreement. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader co verage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever affords greater coverage.

CERTIFICATES OF INSURANCE : CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidenci ng maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time.

Satisfactory evidence of said coverage shall be required within ten (10) days of award of contract.

Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person.

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authoriz ed to bind the CITY to any

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations)

AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):

J:\FORMS\Templates\Agreements & Contracts\Archieved Contract Templates\Contract Services Agreement Short Form.docm (Rev 09/15) contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY.

Public Works Projects : In the event this Agreement requires the CONTRACTOR to provide service s within the definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and conditions stated below shall be in full force and effect.

ARTICLE I . The general prevailing wage rates heretofore specified an d any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are made a part of this contract.

ARTICLE II . In accordance with the provisions of Section 3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation to his or her employees.

ARTICLE III . By my signature below, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with such provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE IV. The improvement contem plated in the performance of this Agreement is an improvement over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and direct control over this Agreement whenever the CITY, at its sole discretion, shall dete rmine that its responsibility to the United States or the State of California so requires.

ARTICLE V . The CONTRACTOR agrees to receive and accept the prices indicated in the CONTRACTOR’s signed Proposal as full compensation for furnishing all materials an d for doing all the work completed and embraced in this Agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and the whole there of, in the manner and according to the Plans and Specifications, and requirements of the Engineer under them.

ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records.

ARTICLE VII . CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices.

ARTICLE V III. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours.

ARTICLE IX . CONTRACTOR shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and ex cavation that extend deeper than four (4) feet below the surface.

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations)

AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS (CONT.):

J:\FORMS\Templates\Agreements & Contracts\Archieved Contract Templates\Contract Services Agreement Short Form.docm (Rev 09/15) ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day’s delay in finishing the work in excess of the number o f working day’s prescribed, in the amount of $______ per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such a delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215.

Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages.

Termination: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreeme nt at any time, with or without cause, in its sole discretion, by giving notice in writing to CONTRACTOR of such termination. In the event of such termination, CONTRACTOR shall have the right and obligation to immediately assemble the work then in progres s for the purpose of completing the work and turning over all materials and documents to CITY. In the event of such termination, CONTRACTOR shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 2.1, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law.

CONTRACTOR COORDINATOR and representative for CITY shall be:

NAME: DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above.

CONTRACTOR: CITY OF CAMPBELL
By: By:

Title: Title: City Engineer
Contractor License No.:

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Attachment: Water Bottle Refill Stations RFP v2 (Request for Water Bottle Refill Station Procurement and Installations)

City
Council
Report

TITLE: Second Reading of Ordinance 2284 Adjusting City Council Compensation (Ordinance/Roll Call Vote)

RECOMMENDED ACTION

That the City Council approve the second reading to adopt Ordinance No. 2284 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

BACKGROUND

Traditionally, Councilmember compensation amounts are amended to coincide with the election of at least one new Councilmember. This year, residents of Campbell will elect three Councilmembers whose terms begin in December 202 2. As such, now is the appropriate time for the City Council to consider adjustment of its compensation.

Approved compensation amounts would go into effect the first full pay period in January 2023, which would be the pay period of January 9 to 22, 2023 to be paid on February 2, 2023.

At its meeting on June 7, 2022, the City Council considered the draft Ordinance and approved a compensation increase of 5%, on a vote of 3 to 2 (Councilmembers Gibbons and Landry voting no).

City Council compensation and adjustments are set under the authority of California Government Code (GC) §36516, which allows Council member compensation to increase in an amount equal to, but not to exceed, 5% for each calendar year from the operative date of the last compensation adjustment. Council cannot provide automatic future increases in salary.

FISCAL IMPACT

The fiscal impacts of the 5% Councilmember compensation increase is included in the Staff Report dated June 7, 2022. All costs associated with the publication of the adopted ordinance are included in the City Clerk’s Office adopted Fiscal Year 2022 Operating Budget.

Item: 10
Category: CONSENT CALENDAR
Meeting Date: June 21, 2022
10 Packet Pg. 83
City Council Compensation 2022 Page 2 of 2

Prepared by:

Dusty Christopherson, City Clerk

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Council Compensation 2022 Ordinance
10 Packet Pg. 84
ORDINANCE NO._______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

ADJUSTING CITY COUNCIL COMPENSATION FOR CALENDAR YEARS 2023 AND 2024

The City Council of the City of Campbell does ordain as follows:

SECTION ONE: Pursuant to California Go vernment Code §36516, the monthly salary of eac h member of the City Council shall be increased from $ 717.62 per month to $753.50 per month, to commence the payp eriod of January 9 to 22, 2023 to be paid on February 2, 2023.

SECTION TWO: This ordinance sha ll become effective thirty days following its passage and adoption, and shall be pu blished once w ithin fifteen days upon passage and adoption in The Metro, a newspaper of general circulation in the City of Campbell, County of Santa Clara.

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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Attachment: Council Compensation 2022 Ordinance (City Council Compensation 2022) City
Council
Report
TITLE: Accept Resignation of Dusty Christopherson from the Position of City Clerk

RECOMMENDED ACTION
That the City Council accept the resignation of Dusty Christopherson from the position of City Clerk.

BACKGROUND
The City Clerk is a vital position within the City of Campbell. The City Clerk serves as the Clerk of the City Council and is responsible for facilitating the conduct of business by the City Cou ncil and fulfilling legal requirements as set forth by the Government Code and City Municipal Code. The City Clerk conducts city elections and administers campaign and financial disclosure laws , ensures compliance with the Brown Act, prepares and publishes public hearing and legal notices, is responsible for the preparation of City Council agendas and minutes and maintains a true and accurate record of all proceedings of the City Council.

On April 20, 2021 the City of Campbell entered into an employment se rvices agreement with Dusty Christopherson to begin employment as the City Clerk on May 10, 2021. Per the terms of the agreement, in the event the City Clerk voluntarily chooses to resign her employment, the City Clerk shall provide the City at least thirt y (30) days written notice so the City may undertake a reasonable effort to find a successor.

DISCUSSION
On May 31, 2022 City Clerk Dusty Christopherson submitted her resignation with a final termination date of June 30, 2022, citing family reasons.

The City Council will meet in Executive Session to discuss the recruitment method and timeline for filling th is vacant City Clerk position. Any actionable items from the Executive Session meetings, will be reported out at the next regularly scheduled City Council meeting.

FISCAL IMPACT
Item:

Category:

Meeting Date:
11 CONSENT CALENDAR
June 21, 2022
11 Packet Pg. 86
Acceptance of Resignation from City Clerk Page 2 of 2
With the resignation and vacancy of the City Clerk position, the City could realize some salary savings, depending on how long the position is vacant . Should Council choose to fill this position through an outside ecruitment process, the costs can be absorbed in the Fiscal Year 2022/23 Operating Budget.

Prepared by:

Dusty Christopherson, City Clerk

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Ltr of Resignation - Dusty Christopherson
11 Packet Pg. 87
May 31, 2022

To Mayor Resnikoff and City Councilmembers,
Please accept this letter as my formal resignation from the City of Campbell. My last day with the City will be June 30, 2022. As I shared with all of you during our previous conversations, my family dynamic has changed over the course of this last year, and it is with a heavy heart that I must tender my resignation at this time.

I wish to express my deep gratitude to all of you for the opportunities you have given me over this past year, and I hope that I was able to make an impact and leave some lasting improvements during my short time with the City. I have greatly enjoyed my time working with the members of the City’s Executive Team and the Deputy City Clerk and I know that they all take their roles very seriously and always work for the betterment of Campbell.

Again, thank you for the opportunity and I will always hold Campbell near and dear to my heart.

Sincerely yours,

Dusty Christopherson

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Attachment: Ltr of Resignation - Dusty Christopherson (Acceptance of Resignation from City Clerk)

City
Council
Report

TITLE: Adoption of Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five-Year Capital Improvement Plan (CIP) and Establishment of the Appropriations Limit for FY 2023 (Resolutions/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution adopting the Fiscal Year (FY) 2023 City Operating and Capital budgets, including transfers, in the amounts of $111,760,897 and $48,376,052, for a combined total budget of $160,136,949; and adopt a Resolution adopting findings that the proposed FY 2023 -2027 Capital Improvement Plan (CIP) projects are categorically exempt under the California Environmental Quality Act (CEQA) and are consistent with the City’s General Plan; approving the five -year Capital Improvement Plan with projects totaling $90,665,463; including new capital projects of $4,684,155 and $44,548,880 as the amount necessary to meet the capital requirements of the City in FY 2023; directing staff to incorporate within the final adopted and published FY 2023 budget document any changes or adjustments pursuant to this public hearing and any other minor corrections prior to the budget’s final publication; and adopt a Resol ution establishing the Appropriations Limit for FY 2023 at $86,662,718 pursuant to Article XIIIB of the California State Constitution.

BACKGROUND

The Proposed Fiscal Year (FY) 202 3 Operating Budget and 202 3 - 2027 Five-Year Capital Improvement Plan (CIP ) has been posted on the City’s website at https://www.ci.campbell.ca.us/151/Budget . Also posted at this location is the complete Third Update of the Seven -Year Financial Forecast which covers FY 2 023 through FY 2029. The purpose of this agenda item is to formally adopt the proposed operating budget and CIP.

DISCUSSION

For ease of viewing, staff has attached to this report the following items which are also included within the Budget and CIP book . These items have been updated, as needed, based on Council feedback received during the May 17, 2022 Budget introduction:

• City Manager Transmittal Letter
• Proposed Approving Resolutions
o FY 2023 Operating and Capital Budget
Item: 12
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: June 21, 2022
12 Packet Pg. 89
Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets Page 2 of 2 o FY 2023 CIP Conformance to General Plan (conformance affirmed by the Planning Commission on May 24, 2022)
o FY 2023 Appropriation Limit

Thank you for your review and consideration of the Proposed Fiscal Year (FY) 202 3 Operating Budget and 202 3 - 2027 Five-Year Capital Improvement Plan (C IP). Staff looks forward to speaking with you further.

FISCAL IMPACT

Complete fiscal impacts are provided with the City Manager’s Transmittal Letter and the Budget and CIP documents.

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. City Manager's Transmittal Letter
b. Resolution - FY 2023 Operating and Capital Budget
c. Resolution - FY 2023 Conformance to General Plan
d. Resolution - FY 2023 Appropriations Limit
12 Packet Pg. 90

June 21, 2022

Honorable Mayor, Vice-Mayor, and City Councilmembers:

I am pleased to present to you for formal consideration and adoption the Proposed Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five-Year Capital Improvement Plan (CIP). The Operating Budget and CIP serve as a policy document, a financial plan, a communication's device, and an operation’s guide; reflecting the policies, goals, programs , and service priorities and values of the Cit y Council and the Campbell community. It was developed through an iterative process that included several discussions, study sessions, and regular meetings with the City Council and the community that occurred on the following dates:

• February 1, 2022 – FY 2022 Mid-Year Fiscal Update1
• February 24, 2022 –Council Priority Setting Session2
• April 5, 2022 – Budget Study Session (Workplans)3
• April 25, 2022 – Budget Study Session (Preliminary Budget and CIP)4 • May 17, 2022 – Council Meeting (Introduction of Budget and CIP)5

It was also developed based upon professional recommendations made by each member of the Executive Team and several other factors which will be discussed throughout this transmittal letter . The budget development process though continues to be an iterative process and there will be additional opportunities for Council feedback as well as community input on June 21 (Budget Adoption). Any further Council feedback that reaches majority consensus at the June 21 Budget Adoption meeting will be incorporated into the final Adopted Operating Budget if it is fiscally feasible. In preparation for that meeting and to provide a high- level overview of the proposed budget and CIP, this transmittal letter addresses the following items:

• A – City Council Strategic Priorities and Workplans
• B – Significant Changes since May 17 Introduction

1 FY 2022 Mid-Year Fiscal Update – Item #11 (February 1, 2022) - https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_02012022 -2450 2 Council Priority Setting Session – Item #1 (February 24, 2022) - https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_02242022 -2463 3 Budget Study Session – Item #1 (April 5, 2022) -
https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_04052022 -2485 4 Budget Study Session – Item #1 (April 25, 2022) -
https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_04252022 -2500 5 Council Meeting – Item #18 (May 17, 2022) -
https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_05172022 -2514

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • C – Responses to Comments from May 17 Introduction
• D – American Rescue Plan Act (ARPA) Usage
• E – Staffing Plan and Costing Assumptions
• F – Financial Summary
• G – Economic Update and Outlook
• H – Third Update of Long-Range Forecast
• I – Federal and State Aid
• J – Budget Awards
• K – Next Steps
• L – Conclusions and Acknowledgements
• Exhibit A – Workplans
• Exhibit B – Significant New and Increased General Fund Supplies and Services

A – CITY COUNCIL STRATEGIC PRIORITIES AND WORKPLANS

As mentioned previously, the Council held a Priority Setting Session with staff on February 24 to establish priorities for FY 2023. These priorities are shown in Table 1 below and were used as the starting point in developing the proposed budget and CIP:

Table 1 – FY 2023 Council Priorities
Strategic
Objectives Council Priorities Action Items
Land Use
Comprehensive
Long-Term Land Use
Planning
• Complete General Plan update
• Complete Housing Element
• Adopt objective standards
• Legislation - Keep the City Council and
community informed about State
legislation that would impact the City
and implement in a timely manner

Measure O
Implementation

• Continue to implement Measure O
projects
Financial Health
Financial Stability • Prioritize and maintain essential services and evaluate service level
adjustments
• Develop strategic staffing plan
• Consider economic development
strategy-Attracting businesses
• Strategic use of ARPA funds
• Review impact fees
• Consider short-term rental fees

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Strategic
Objectives Council Priorities Action Items
• Plan for infrastructure and building
maintenance
Environment
Sustainability • Consider climate action planning upon
completion of General Plan and
Housing Element
• Continue water conservation efforts

Staff confirmed these priorities with Council at a Budget Study Session on April 5. At that meeting, staff also presented FY 2023 Proposed Workplans. While ensuring proper alignment to Council priorities was staff’s primary objective in developing workplans, staff also prepared other proposed workplan items necessary to maintain existing operations , meet increasing service level demands and activity coming out of the pandemic, and support planned CIP projects . Following the April 5 meeting, staff updated the FY 2023 Proposed Workplans to reflect Council feedback received during that meeting. Updated workplans are shown as Exhibit A of this transmittal lette r. Both the workplans and Council strategic priorities were primary factors and considerations in developing the proposed budget and CIP documents and that is reflected throughout.

B – SIGNIFICANT CHANGES SINCE MAY 17 INTRODUCTION

The following section details significant changes to the Proposed FY 2023 Operating Budget and 2023 – 2027 CIP since the May 17 Budget Introduction . All items shown below are built into the proposed budget numbers and schedules before Council:

Operating Budget

• General Fund (#101)
o Revenues – General Fund revenue estimates increased by $153,800 since the May 17 meeting due to the following reasons:
▪ TOT Revenue – Based on continued improvements to Transient Occupancy Tax (TOT) revenue, which has been spurred by better than expected business and personal travel, staff has conservatively raised FY 2023 estimates in this area to $3.2 million; an increase of $200,000 since the May 17 meeting. For reference, April 2022 was the best month for this revenue source since the start of the pandemic and equaled approximately $245,000. Prior to the pandemic, TOT revenue averaged approximately $397,000 monthly and $4.8 million annually. Thus, FY 2023 estimates are still under pre-pandemic levels by 20.8%. ▪ Transfers In – Based on increased TOT revenue estimates detailed above, offset by increased transfers out of $152,000 to support Gas Tax fund operations , the amount o f General Fund support needed to be transferred in from the ARPA Fund (#221) decreased by $46,200.

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) o Expenditures – General Fund proposed operating expenditures increased by $153,800 since the May 17 meeting due to the following reasons. This was fully offset by the revenue increases noted above ; thereby ensuring that the General Fund remains balanced in FY 2023:
▪ Transfers Out – The Gas Tax Fund (#204) supports street maintenance operations as well streets projects within the City. Since this fund is not fully self -supporting, the General Fund often transfers monies out to balance the Gas Tax Fund. Unfortunately, in the May 2022 State Budget Revise, Gas Tax rev enue estimates for FY 2023 were lowered by $180,000; offset by a $28,000 decrease in street capital projects and requiring an increased General Fund Transfer Out of $152,000 to keep the fund stable.
▪ Membership Dues – The Association of Bay Area Governments (ABAG) raised their membership dues recently and thus, staff increased the City Council’s FY 2023 Proposed Budget by $800 in this area.
▪ Professional & Special Services – Community Development’s FY 2023 Proposed Budget includes annual subscription costs to the CoStar Commercial Real Estate Information, Analytics, and News online service. The annual cost for this service has recently increased by $1,000.

• Gas Tax Fund (#204)
o Revenues
▪ Intergovernmental Revenues - As detailed previously, in the May 2022 State Budget Revise, Gas Tax revenue estimates for FY 2023 decreased by $180,000 when compared to January 2022 State Budget estimates; offset by a $28,000 decrease in street capital projects. ▪ Transfers In – As detailed previously, due to decrease State Gas Tax estimates, this fund will now need an increased transfer in from the General Fund of $152,000 to remain stable in FY 2023.

• ARPA Fund (#221)
o Expenditures – ARPA Fund proposed operating expenditures decreased by $46,200 since the May 17 meeting due to the reduced need to support the General Fund as detailed previously.

• Housing Assistance Fund (#233)
o Expenditures – As part of preparation of the Draft 2023 -2031 Housing Element (“Campbell’s Plan for Housing), the Council identified as a high priority, modification to the City’s Inclusionary Housing Ordinance to support the production of additional affordable housing units and col lection of affordable housing in lieu fees to support affordable housing production. The Draft Housing Element identifies that the Nexus Study to support this work will be completed by December 2023. In addition, the Council identified the potential adoption of Commercial Linkage Housing Fees as another program that would support Affordable Housing Production. As both the modification to the Inclusionary Housing Ordinance and the preparation of Commercial

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Housing Linkage fees both require the preparation of a Nexus study, staff has proposed that a consolidated nexus study be prepared that supports both work efforts. Staff has reached out to the firm that prepared the prior Nexus study considered by Campbell in 2015 concerning the Inclusionary Housing Ordinance and Commercial Linkage Fees to obtain an initial estimate of the cost for a consolidated study. The firm has reported that the work would cost approximately $140,000 to $150,000 to complete. As such s taff has added funding of $150,000 in the Proposed FY 2023 Operating Budget as it will allow the work to begin in the Spring of 2023 following adoption of the Housing Element (to be completed by December 2023).

• Successor Agency Fund (#333)
o Revenues – So as to align to the FY 2023 Recognized Obligation Payments Schedule (ROPS) submitted to the State Department of Finance (DOF), staff increased estimated revenue in this fund by approximately $150,000.

o Expenditures – So as to align to the FY 2023 Recognized Obligation Payments Schedule (ROPS) submitted to the State Department of Finance (DOF), staff increased estimated expenditures in this fund by approximately $150,000.

• Measure O Bond Fund (#348)
o Revenues
▪ Bond Premium - So as to align to the actual 2022 sale of Measure O Bonds, staff increased estimated bond premium revenue in this fund by approximately $1.52 million in FY 2022.
▪ Property Tax - Pending Council approval of Measure O Tax Rates on July 5, 2022, estimated property tax revenue for this fund is expected to increase by $314,000 in FY 2023; to be used to support debt payments.

o Expenditures
▪ Bond Issuance Costs - So as to align to the actual 2022 sale of Measure O Bonds, staff increased estimated bond issuance costs in this fund by approximately $310,000 in FY 2022.
▪ Debt Service Costs - So as to align to the actual 2022 sale of Measure O Bonds, staff increased estimated bond debt service costs in this fund by approximately $314,000 in FY 2023.

Capital Improvement Plan (CIP)

• Gas Tax Fund (#204)
o Expenditures – Due to decreased State Gas Tax revenues estimates for FY 2023 referenced previously, staff decreased capital transfers out from this fund to the Capital Projects Fund (#435) by $28,000 to support streets projects.

• ARPA Fund (#221)
o Expenditures - Addition of $580,000 One Bay Area Grant (OBAG) City match using ARPA funds to support the Construction of the Downtown Planned

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Development Area (PDA) Pedestrian and Bicycle Improvements Projects.

Staff requested Council feedback on this item at the May 17 meeting and received majority Council consensus to move forward. Please note though that this is a FY 2024 Project and will not impact the ARPA Fund until that time.

• Capital Projects Fund (#435)
o Revenues – Due to decreased State Gas Tax revenues estimates for FY 2023 referenced previously, staff decreased capital transfers out from the Gas Tax fund to the Capital Projects Fund (#435) by $28,000 to support streets projects.

• Measure O Capital Fund (#448)
o Expenditures – Pursuant to Council direction provided at the May 17 Introduction, staff has separated the Police Building and Library Renovation projects into four (4) distinct projects:
▪ Civic Center Improvements - Police Operations Building (23-RR) – This project totals approximately $21.9 million and includes Measure O bond funding of $19.3 million, State Grant funding of $ 2.4 million, Silicon Valley Clean Energy (SVCE) grant funding of $200,000. ▪ Civic Center Improvements - Library Renovation (23-SS) – This project totals approximately $16.0 million and includes Measure O bond funding of $15.5 million and County funding of $520,000. ▪ Civic Center Improvements – Shared Costs (21-MM) – This project totals approximately $2.17 million; funded by Measure O bonds. ▪ Civic Center Improvements - Police Facility Furniture, Fixtures and Equipment (FF&E) Design (22 -JJ) – This project totals $1. 5 million; funded by a State grant. Pl ease note th at the remaining $2.4 million State Grant funding is part of project 23RR - Civic Center Improvements for Police Operations Buildings.

C – RESPONSES TO COMMENTS FROM MAY 17 INTRODUCTION

The following section provides staff follow up responses to Council comments received at the May 17 Budget Introduction:

Comments
• Request for increased budget for Contractual Mental Health Counselor / Clinician – RESPONSE: this position is still under discussion and there was not majority consensus as of yet to move forward or increase funding. However, since this would be a pilot program, staff’s recommendation remains at $60,000 in FY 2023.

• Request for addition of Inclusionary Housing Nexus Fee Study – RESPONSE:

This has been added to the Proposed FY 20 23 Operating Budget as detailed previously.

• Not enough Workplans dedicated to Sustainability – RESPONSE: There are a total of seven (7) Workplan items in the Proposed FY 2023 Operating Budget dedicated to Sustainability; five (5) in The Environmental Services Division (209.715) of the Public Works Department, one (1) in the Policy Development Division (101.552)

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) of the Community Development Departme nt, and one (1) in the Building Division (101.554) of the Community Development Department

• There should be more detail on Strategic Staffing Plan – RESPONSE: As will be detailed in the staffing section below, since the May 17 Budget Introduction, staff has met individually with City Council members to discuss an appropriate staffing model and succession planning. These discussions are ongoing.

• More clearly show what is offset by revenue in Exhibit B – RESPONSE: All items that are offset by revenue are now clearly identified and marked in green.

• ADA Transition Plan is missing in CIP – RESPONSE: $50,000 is normally allocated per fiscal year for the ADA Transition Plan and this is shown in FY 2023 (Project 23- HH), FY 2024 (Project 24-HH), FY 2025 (Project 25-HH), FY 2026 (Project 26-HH), and FY 2027 (Project 27-HH) of the Proposed 2023 – 2027 CIP.

• Request for list of Vehicle Purchases in the Budget – RESPONSE: Under the Vehicle and Equipment Maintenance Division (641.750) in the Public Works Department, additional detail has been included to show what are new vehicle lease costs and what are existing vehicle lease costs. In regard to replacement policy, vehicles are often kept in service beyond the age or mileage figures, depending upon their overall condition, maintenance history/costs, emissions requirements (per the California Air Resources Board - CARB). Depending on the condition of specific vehicles and low maintenance costs to operate, the City is able to keep some vehicles well after the criteria period. Additionally, due to current supply chain issues in the vehicle market, the current lead time to procure a new vehicle (lease or purchase) is between 18 and 24 months, which also pushes out the age and mileage at the actual time of replacement. For FY 2023, ten ( 10) vehicles met the criteria and were evaluated as described above. Based on recent evaluations, six (6) vehicles are being recommended for replacement (lease) in FY 2023 and are shown below:

o Police vehicles
▪ #1256 – 2014 Chevrolet Silverado, 88,000 miles
▪ #1259 – 2016 Ford Explorer, 90,000 miles
▪ #1261 – 2017 Chevrolet Tahoe, 92,000 miles.

o Public Works vehicles
▪ #2084 – 2004 Ford F-250, 100,000 miles
▪ #2085 – 2004 Ford F-250, 75,000 miles
▪ #2090 – 2009 Ford F-250, 75,000 miles

• No support for November 2022 Revenue Ballot Measures at this time – RESPONSE: Section of transmittal letter discussing potential November 2022 Revenue Ballot Measures has been removed.

• Request for Grants discussion prior to June 21 Council Meeting – RESPONSE:

Staff will have these discussions with Council offline and work to incorporate into future budgets as much as possible.

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets)

D – AMERICAN RESCUE PLAN ACT (ARPA) USAGE

Since the City will receive a significant amount of one-time American Rescue Plan Act (ARPA) monies, the appropriate and fiscally prudent use of th ose funds was a major consideration by staff when developing the proposed budget and CIP. And as discussed with Council previously, the City of Campbell has been allocated $9.997 million in ARPA funds; to be received in equal payments of $4.999 million each in FY 2021 and FY 2022. Per ARPA guidelines, the City must commit (appropriate and encumber) these funds by December 31, 2024 and spend them down fully by December 31, 2026. Any uncommitted or unspent funds after these deadlines are subject to being returned to the federal government.

Additionally, per US Treasury guidance, ARPA funds may be used for the following purposes in order to support recovery from the pandemic and to support fiscal stability and resiliency:

1. Replace lost public sector revenue , using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic

2. Support public health expenditures, by, for example, funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff

3. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector

4. Provide premium pay for essential worke rs, offering additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors

5. Invest in water, sewer, and broadband infrastructure , making necessary investments to improve access to c lean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet

Consistent with a primary purpose of ARPA to achieve fiscal stability and resiliency and as allowed by the US Treasury , Council adopted Resolution 12767 on March 16, 2021 6 to balance General Fund operations up to $3.25 million in FY 2021 using the City’s ARPA allocations. However, after the final audit and as shown in its Annual Comprehensive Financial Report (ACFR), the City only needed $2.21 million of ARPA funds in FY 2021 to balance General Fund operations . This resulted in a remaining ARPA balance of $7.783 million as of the end of FY 2021.

Similar to its action in FY 2021, the City Council adopted Resolution 12801 on February 1, 20227 to balance General Fund operations up to $2.26 million in FY 2022 and to fund the

6 City Council Meeting – Item #13 Mid-Year Fiscal Update (March 16, 2021) - https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_03162021 -2266 7 City Council Meeting – Item #11 Mid-Year Fiscal Update (February 1, 2022) - https://www.campbellca.gov/AgendaCenter/ViewFile/Agenda/_02012022 -2450

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) expansion of Campbell Community Center WiFi for a cost of $125,000 using the City’s ARPA allocations; thereby leaving an estimated remaining ARPA balance of $5.397 million at the end of FY 2022. However, should the final audited FY 202 2 General Fund operating deficit be less than $2.26 million, staff will return any excess monies back to the ARPA Fund (#221) so that they can be used for other allowable purposes. Conversely, should the final audited FY 2022 General Fund operating deficit exceed $2.26 million, staff will return to Council at a future date for increased authorization to use the ARPA Fund to balance FY 2022 General Fund operations.

Consistent with Council actions take n the last two fiscal years , staff is proposing that approximately $665,000 of the City’s remaining ARPA allocations be used to balance General Fund operations in FY 2023. This amount has again decreased by $46,200 since the May 17 Budget Introduction due to increased Transient Occupancy Tax (TOT) revenue estimates of $200,000; offset by increased transfers out of $152,000 to support Gas Tax fund operations and $2,000 to support other miscellaneous expenses. All items were detailed previously. The alternative to this proposed usage of ARPA funds to balance General Fund operations would be to e ither draw upon other General Fund reserves, reduce expenditures, or increase revenues through new tax measures or other means. The proposed usage includes several other factors, assumptions, and requests relating to staffing, supplies, and services that were discussed with Council during the May 17 Budget Introduction . While staff is systematically working towards ensuring that ongoing revenue sources meet or exceed ongoing expenditures, staff believes that a measured, but decreased use of ARPA funds in FY 2023 (when compared to the last two fiscal years) to balance the General Fund until ongoing revenues catch up to ongoing expenditures is a fiscally prudent approach and consistent with a primary purpose of ARPA to achieve fiscal stability and resiliency . Furthermore, staff is also proposing that $50,000 be budgeted directly in the ARPA Fund (#221) to spend on ongoing COVID related expenses such as PPE, downtown barrier rentals, and related items.

These expenses were previously budgeted in the General Fund budget unit 101.539 at $500,000 for FY 2021 and $125,000 for FY 2022. And lastly, per Council direction provided at the May 17 Budget Introduction, staff has also added a One Bay Area Grant (OBAG) match of up to $580,000 from the ARPA Fund to support the Construction Funding of the Downtown Planned Development Area (PDA) Pedestrian and Bicycle Improvements Projects. However, please note that this would be a FY 2024 project match. Combined, t he two proposed uses of ARPA in FY 2023 above as well as the proposed use in FY 2024 total $1.3 million and if approved, would leave the City with an estimated ARPA balance of $4.1 million by the end of FY 202 4. These uses are currently built into the proposed budget numbers and schedules before Council.

In addition to the proposed ARPA uses above, staff also requests Council feedback on one more item not currently built into the proposed budget numbers and schedules before Council: $100,000 OBAG Planning Grant match in FY 2023 to (a) Develop a Hamilton Avenue Specific Plan and (b) Develop a potential Winchester Transit Area Plan. Consistent with staff’s recommendation to apply to OBAG and provide a City match for the Hamilton Avenue resurfacing and Downtown PDA improvements , staff is also recommending application to OBAG under Cycle 3 for the two (2) Planning projects above. OBAG Cycle 3 availability was announced in June with a deadline to apply in late July 2022. In regard to the Hamilton Area Specific Plan, as identified in the Draft General Plan, this area encompasses properties around the Hamilton / State Road (SR) 17 intersection. The focus is on identifying improvements needed to support high density housing planned for this area under the

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Housing Element, including the Fry’s Electronic site – and the potential development of a pedestrian bridge linking the housing sites on the east side of SR 17 with the light rail station on the west side of SR 17. Funding includes studies for infrastructure improvements, impact fees, and environmental work . In regard to the potential Winchester Transit Area Plan , this encompasses the housing sites surrounding the Winchester Light Rail Station as identified in the Housing Element. Staff will request formal Council authorization to apply for OBAG Cycle 3 Planning Grants at the July 5 meeting and is finalizing estimates on the total cost for these projects and the accompanying grant applications . Current estimates for both projects are between $300,000 and $500,000 and to be competitive, staff recommends a 20% match at the $100,000 level. Staff believes that this is an appropriate use of ARPA funds and if approved, would leave an estimated ARPA balance of $4.0 million by the end of FY 2024.

E – STAFFING PLAN AND COSTING ASSUMPTIONS

Since the City of Campbell is a public agency providing services to the community, a large percentage of the City’s costs are personnel related. For example, in the FY 2022 General Fund Adopted Budget, 56.72% of all costs are related to personnel. This percentage would be even higher if fire services weren’t contracted with the Santa Clara County Fire Department (SCCFD). Thus, when developing the proposed budget, staff was very cognizant of presenting a staffing plan that not only met identified needs and objectives, but did so in a measured way that could be sustained long-term. As such, the FY 2023 Proposed General Fund budget before Council keeps the percentage of personnel costs similar at 55.36% of all General Fund costs. This number includes several factors, assumptions, and requests, which will be discussed in more detail below:

Labor Negotiation
Labor agreements with most all bargaining groups expire on June 30, 2022 and the City has recently commenced negotiations. And so as to make sure any potential cost increases can be financially supported long-term, staff made certain salary and benefit ass umptions in the budget materials and l ong-range forecast which are consistent with recent Council discussions regarding bargaining parameters . More details will be provided publicly once tentative agreements are reached , but these cost increases have been factored into the proposed budget, long-range forecast, and schedules before Council.

Appropriate Staffing Model
Since the May 17 Budget Introduction, staff has met individually with City Council members to discuss an appropriate staffing model and succession planning. As discussed, succession planning is an integral part of the City’s strategy to attract, engage, and retain em ployees.

Succession planning is also an ongoing process of identifying critical positions necessary to achieve the City’s w orkplan goals and developing employees to fill future gaps in the organization. As such, with the objectives of succession planning in mind, staff requested the following new permanent personnel during the May 17 Budget Introduction. Since majority consensus has not been received to move these requests forward, they have not been factored into the proposed budget , long -range forecast, and schedules before Council .

Nevertheless, staff has included the details in this transmittal letter should Council wish to discuss and consider them further:

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • Reclassification of one (1) Sr. Planner to one (1) Principal Planner (Community Development Department)
Projected Hiring Timeline: FY 2023 Q1
Net FY 2023 Cost $12,030

The proposed reclassification would address Succession Planning and Knowledge Transfer by providing an appropriate and needed managerial layer between the Community Development Director and the Planning Division . The Community Development Director currently has 9 direct reports not including contract staff members and this request would not only provide the Community Development Director with additional supervisory capacity, but would also add value to the City by providing career growth opportunities. And lastly, the request also helps to meet the City Council priority of Comprehensive Long-Term Land Use Planning by being able to better retain high quality, experienced staff with a high level of institutional knowledge to achieve long-term planning efforts currently underway such as the General Plan Update, Housing Element Update, Specific Plans, etc.

• New Communications Coordinator (City Manager’s Office) Projected Hiring Timeline FY 2023 Q2
Annual Cost $158,283; FY 2023 Cost $118,712

This position is a replacement of the Public Information Office (PIO) position that was discussed with Council during the April 25 Budget Study Session. PIO duties would be retained within existing positions in the City Manager’s Office. This position would support those PIO efforts, address Enhancing Communication Channels and be responsible for citywide public communications, including, but not limited to developing and managing a citywide social media strategy (with incumbent having significant knowledge of social media algorithms), performing citywide webmaster duties, preparing regular citywide press releases, and working closely with executive leadership and Council to enhance and expand community outreach and engagement. This position could also help to enhance engagement and communication on high visibility and pressing workplan items such as the Climate Action Plan, the Below Market Rate (BMR) program, Water Conversation efforts, and a Gun Safety Public Awareness Campaign. For reference, the Cities of Cupertino, Saratoga, Mountain View, and Sunnyvale have standalone positions for these duties due to the significant effort and time it takes to perform them.

• Contractual Mental Health Counselor or Clinician (City Manager’s Office) Projected Contracting Timeline FY 2023 Q1
Annual Cost $60,000

This was formerly a permanent position request at the April 25 me eting, but staff revised the request based on Council feedback at that meeting. Thus, the revised request would address Safety with a contractual service available to al l City employees to enhance employee wellness citywide. A Certified First Responder Counselor would also be made available so as to meet the unique needs of public safety personnel; having a related benefit of providing better public safety services

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) to the community . There are number of companies that provide th ese services and costs per session usually range from $115 to $295/hour; dependent upon certifications and type of contract (onsite, in-office, virtual). If approved, staff would explore a number of different models to ensure maximum benefit to City employees, but in all instances w ould seek to cap annual contractual costs at $60,000. Staff anticipates this being a one -year pilot prog ram that would be analyzed and evaluated over the course of the year to see whether modifications were necessary long-term.

• New Administrative Analyst I (Finance Department)
Projected Hiring Timeline FY 2023 Q2
Annual Cost $171,155; FY 2023 Cost $128,366

This position would address Organizational Gap since the Finance Department has an increasing need for analytical support given its complex and high -level fiduciary responsibilities . As such t his position w ould increase the analytical bandwidth of the Finance Department and assist on such projects as, but not limited to, Annual Budget, Annual Audit, Workplan Items, Long -Range Forecasting, Financial Analysis, System Implementations, Debt Issuances, and Special Pr ojects. This position would greatly increase analytical capacity and further allow the Finance Director and the Finance Manager a more efficient use of time to focus on strategic issues, leadership, and long -range objectives within the department. Over the last few years, the Finance Department has taken on several new projects such as implementing a new budget system, providing monthly financial updates, supporting labor negotiations, issuing Measure O General Obligation Bonds, forming the Measure O Oversight Committee, etc. The department also expects to address high priority items such as pension liabilities, procurement enhancements, facilities condition assessment, and ERP evaluation and RFP development in the coming year. This position would greatly help with each of those efforts. And lastly, if approved, the position could also help to meet Succession Planning and Knowledge Transfer by allowing an Administrative Analyst Fellowship Program to be created, consisting of four (4) unique programs in the City Manager’s Office, Community Development, Public Works, and Finance. Employees in these positions would then be able to rotate through various functions of each discipline over a 12 to 24 month period ; enhancing and expanding their knowledge to the benefit of not only the employee, but also the whole City. Currently, th e Administrative Analyst position only exists in the City Manager’s Office, Community Development, and Public Works.

F - FINANCIAL SUMMARY
Given the items above that are already reflected, Proposed FY 2023 Operating and Capital expenditure appropriations across all City funds currently total $160.1 million; including $5.8 million in operating transfers outs, $30.0 million in transfers from the Measure O Bond Fund (#348) to the Measure O Capital Fund (#448) to account for the second issuance of Measure O bond proceeds, $4.8 million in capital transfers out, $ 39.1 million in capital appropriations relating to Measure O funded capital projects for the Police Station and Library, and $4.2 million in scheduled debt service payments for Measure O bonds issued in August 2020 and June 2022. Related revenue sources total $118.0 million; including $5.8 million in

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) operating transfers in, $30.0 million in transfers from the Measure O Bond Fund (#348) to the Measure O Capital Fund (#448) to account for the second issuance of Measure O bond proceeds, and $4.8 million in capital transfers in. This results in a n annual deficit of approximately $42.1 million across all City funds. However, this is largely due to spending down the first issuance of Measure O bond proceeds , which were entirely received in FY 2021 and FY 2022. In summary, across all City funds, expenditures for FY 202 3 show a

72.7% increase when compared to the FY 2022 Adopted Budget and a 31.0% increase when compared to FY 2022 Year-End estimates. This variance is again due almost entirely to the second Measure O issuance and the necessary transfer of bond proceeds between the debt service fund and the capital fund as well as the full appropriation of those capital funds .

Additionally, across all City funds, revenues for FY 202 3 show a 40.6% increase when compared to the FY 202 2 Adopted Budget, but a 17.7% decrease when compared to FY 2022 Year-End estimates. The large decrease in FY 2023 estimated revenues is due almost entirely to the last of two American Rescue Plan Act (ARPA) payment s for approximately $4.99 million that will be received in FY 2022, but not in FY 2023 or thereafter.

Proposed FY 2023 Operating and Capital expenditure appropriations for the General Fund total $61.4 million; including $275,000 in capital transfers out to support new Capital Plan Improvement Reserve (CIPR) funded projects, $1.4 million in capital transfers out to support carryover CIPR and Construction Tax pr ojects (offset by a drawdown of established capital reserve accounts), and $3.5 million in operating transfers out to support other City operational and debt service funds. General Fund operating transfers include those to the 2016 Lease Revenue Bond Debt Service Fund ($76 6,000), Vehicle & Equipment Replacement Fund ($81,000), Enviro nmental Services Fund ($ 505,000), Lighting and Maintenance Fund ($874,000), Information Technology Fund ($169,000), and the Gas Tax Fund ($1.1 million).

Related General Fund revenue sources total $61.4 million; including $791,000 in operating transfers in from other funds to pay for indirect overhead costs and $665,000 from the ARPA fund to balance the General Fund, as previously discussed above. This results in estimated General Fund expenditures being fully balanced against est imated General Fund revenues in FY 2023 . In summary, in the General Fund, expenditures for FY 202 3 show a 11.7% increase when compared to the FY 202 2 Adopted Budget and a 5.6% increase when compared to FY 2022 Year-End estimates. Additionally, in the General Fund, revenues for FY 2023 show a 7.5% increase when compared to the FY 2022 Adopted Budget and a 5.6% increase when compared to FY 2022 Year-End estimates.

Citywide and General Fund revenue estimates and proposed expenditures by type are shown in the Proposed FY 202 3 Operating Budget document. The following will discuss key assumptions made in its development and significant items of note regarding certain revenue sources and expenditures . All numbers to be presented will reflect all Citywide funds as opposed to just the General Fund:

Top Ten (10) Citywide Revenue Sources
• Other Funding Sources (OFS) – Operating Transfers In is estimated to be the City’s largest revenue source in FY 2023, but this is largely due to Measure O debt and capital fund transfers as discussed previously. In FY 2023, this category equals $41.9 million and is comprised of $4.8 million of capital transfers out from various restricted Special Revenue Funds to support actual capital pro ject expenditures in the Capital Projects Fund (435), a $1.4 million draw down of established capital reserve accounts

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) to fund carryover CIPR and Construction Tax projects, $30.0 million of capital transfers from the Measure O debt fund to the Measure O construction fund, and $5.8 million of interfund transfers out from various funds to provide support to operating activities in other funds or for various operating funds to pay the General Fund their fair share of overhead expenses. For FY 2023, OFS – Operating Transfers In shows a 260.4% increase when compared to the FY 2022 Adopted Budget and a 66.8% increase when compared to FY 2022 Year-End estimates.

• Property Tax would be the City’s largest revenue source in FY 202 3, absent the Measure O transfers explained above, and continues to be fueled by increasing housing prices and strong sales activity . In fact, as of calendar year 2022 Q1, the median home price in Campbell was $2.0 million; an increase of 12.83% from 2021 Q4. Additionally on May 6, 2022, the Santa Clara County Assessor’s Office provided an update on FY 2022 property tax collections to date and projected 6.3% assessed value growth for Campbell in FY 2023. This has been factored into the Proposed FY 2023 Operating Budget and is up from a 5.2% growth estimate provided by the Assessor’s Office on February 3, 2022.

• Sales and Use Tax is estimated to be the City’s third largest revenue source in FY 2023. While staff is conservative in its revenue estimates and only shows 2% growth in FY 2023 and 3% beyond, it does note that there is good reason for optimism should current economic trends continue. However, staff also notes that supply chain disruptions, inflationary pressures, the war in Ukraine, and lingering pandemic effects provide headwinds to consumer and business spending and further economic growth.

• Other Taxes is estimated to be the City’s fourth largest revenue source in FY 2023.

In FY 2023, this category equals $8. 6 million and is comprised of $3. 2 million of Transient Occupancy Tax (TOT), $3.9 million of Franchise Taxes, $695,000 of Business License Tax, $71,000 of Construction Tax, and $788,000 Real Property Tax Transfers. In regard to TOT, in FY 2019, the last normal year before the COVID -19 pandemic, City TOT revenue equaled $4.8 million. While many economists forecast a strong rebound for hotels by calendar year 2023 (due to pent up demand for personal travel) staff is much more conservative and feels that there is great uncertainty surrounding Campbell hotels since they appear to be used more for business travel.

At this time, it is unknown how quickly that business travel will rebound and whether it will fully rebound to pre-pandemic levels due to increased utility and cost effectiveness of virtual meetings. Thus, staff forecasts a slow return to normal and TOT revenues of $3.2 million in FY 2023, wh ich is 33.3% higher than FY 2022 Year-End estimates and 60.0% higher than the original FY 2022 Adopted Budget. Please note that these estimates do not include any new hotels which may be constructed in the future, potential increases to TOT rates, or the collection of TOT from short-term rentals. Any of those factors could positively impact TOT revenue estimates. Conversely, hotel closures could also negatively impact TOT revenue. However, remaining hotels might also pick up the travelers that would hav e otherwise stayed at a shuttered hotel. At this time, staff recommends caution when forecasting TOT revenue, but feels that it’s forecast for FY 2023 is reasonable and based on sound assumptions and data. And as the updated “Long-Range Financial Forecast ” as presented in a subsequent

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) section of this book shows, staff predicts TOT revenues not returning to pre-pandemic levels until at least FY 2026.

In regard to Franchise Taxes, this is to account for franchise taxes paid by electric, gas, solid waste, recycling, and cable television utilities that are authorized to operate within Campbell. In FY 2023, this category equals $3.9 million and shows a 1.0% decrease when compared to the FY 2022 Adopted Budget, but a 3.0% increase when compared to 2022 Year-End estimates. With economic activity picking up, more businesses returning to in person work, and public health restrictions easing, staff expects most all utilities to be used more and return to a more normal usage pattern and growth trajectory. Inflationary factors may also force some utilities to raise rates, which in turn would lead to higher franchise taxes received by the City.

In total, Other Taxes i n FY 2023 is 19.6% higher when compared to the FY 2022 Adopted Budget and 12.9% higher when compared to FY 2022 Year-End estimates.

• Intergovernmental Revenue is estimated to be the City’s fifth largest revenue source in FY 2023. In FY 202 3, this category equals $ 6.5 million and is comprised of $1.9 million in Successor Agency Redevelopment Property Tax Trust Fund (RPTTF) payments, $469,000 from the Santa Clara County Fire D epartment to reimburse the City for arson investigation services and training, and $4.7 million in grant and other state and federal funding to support various operational programs and capital projects.

Intergovernmental Revenue for FY 2023 shows a 44.6% decrease when compared to the FY 2022 Adopted Budget and a 63.4% decrease when compared to FY 2022 Year- End estimates; largely due to final receipt of ARPA monies in FY 2022.

• Charges for Service is estimated to be the City’s sixth largest revenue source in FY 2023. As a whole in Charges for Service in FY 202 3, staff is estimating a 33.1% increase when compared to the FY 2022 Adopted Budget and a 11.9% increase when compared to FY 202 2 Year-End estimates. While FY 2023 revenue is estimated at $6.3 million, it will still be slightly below pre-recessionary levels of approximately $6.7 million in FY 2019 as staff expects Recreation services and programs at full capacity through FY 202 3 due greatly decreased pandemic effects and high demand from patrons to return to in person activities.

• License & Permits are estimated to be the City's seventh largest revenue source in FY 2023. Staff is expecting continued strong growth in this area for FY 2023; largely due to development activity. As such, License & Permits are expected to grow 42.2% in FY 202 3 when compared to the FY 2022 Adopted Budget and 17.3% when compared to FY 2022 Year-End estimates. Should significant new developments be built within Campbell which are not currently known, Licenses and Permits and Other Taxes could increase at a higher rate than what is shown for FY 2023.

• Charges to Operating Departments is estimated to be the City’s eighth largest revenue source in FY 202 3. Please note though that these are internal service charges from the Infor mation Technology (IT) Division and the Vehicle Maintenance Division to provide services to other operating departments. This category also includes Workers Compensation premium expenses charged to all departments to

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) support the City’s self -fund Workers Compensation insurance program. Thus, these are not external revenue sources. In FY 202 3, it is estimated that these charges will equal $3.1 million; comprised of $1.2 million of IT charges, $1.3 million of Vehicle Maintenance charges, and $605,000 in Workers Compensation charges. As a whole in Charges to Operating Departments in FY 202 3, staff is proposing no change in internal service charges when compared to both the FY 2022 Adopted Budget and FY 2022 Year-End estimates.

• Leases and Rentals are estimated to be the City's ninth largest revenue source in FY 2023; equaling $2.9 million. This category includes both long-term lease revenue for the Campbell Community Center as well as rental revenue for events and use of City facilities. When FY 2023 is compared to the FY 202 2 Adopted Budget, a 38.6% increase is shown. Additionally, when compared to FY 202 2 Year-End estimates, Leases and Rentals are expected to increase by 14.7%; reflecting relative strength in long-term lease revenue as well as a continued return to normal for rental revenue for events and use of City facilities.

• Miscellaneous Revenue is estimated to be the City’s tenth largest revenue source in FY 2023; equaling $2.3 million. For FY 2023, this category shows a 40.5% increase when compared to the FY 202 2 Adopted Budget , but a 62.5% decrease when compared to FY 2022 Year-End estimates. This is due to a $3.9 million State Grant for Police Station FFE being received one-time in FY 2022, but not in FY 2023.

Expenditures
The following will describe and detail operating expenditures only. Capital expenditures will be described and detailed in the Capital Improvement Plan (CIP) section of this book:

• Employee Services – As a whole across all funds in FY 202 3, Employee Services costs are expected to increase by 8.0% when compared to the FY 202 2 Adopted Budget and increase by 6.0% when compared to 2022 Year-End estimates. These numbers include the staffing assumptions discussed previously.

• Supplies & Services - As a whole across all funds, Supplies & Services expenses are proposed to increase by 18.7% in FY 202 3 when compared to the FY 202 2 Adopted Budget , but decrease by 10.1% when compared to FY 202 2 Year-End estimates. For General Fund supply and services requests over $10,000, these will be shown in more detail in Exhibit B of this transmittal letter.

G - ECONOMIC UPDATE AND OUTLOOK

U.S. inflation data was worse than expected in May 2022, hitting a 40 -year high with broad based price increases for most goods and services. The consumer price index (CPI) nationwide increased 1.0% for the month of May 202 2 and 8.6% from a year earlier with shelter, food, and gasoline as the largest contributors. The core CPI, which removes more volatile food and energy components, rose 0.6% in May 2022 and 6.0% from a year earlier .

Inflationary pressures continue to weigh heavily on consumer sentiment. The U niversity of Michigan’s preliminary June 2022 sentiment index fell to 50.2 from 58.4 in May. Inflation expectations moved higher with 46% of respondents attributing their negative views to

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) continuing price pressures and only 13% of respondents expecting their incomes to rise more than inflation. Respondents expect inflation to rise 5.4% over the next year, up from 5.3% a month earlier, and expect prices to increase 3.3% over the next five to ten years, up from

3.0% in May 2022.

The Conference Board’s Consumer Confidence index dropped slightly to 106.4 in May 2022 from an upwardly revised 108.6 in April 2022. The reading was lower primarily due to a 3.3 - point decline in the index for present conditions and a 1.5 -point decline of six -month expectations. According to the Case-Shiller 20-City home price index, home prices were up a record 21.2% year -over-year in March 2022 versus up 20.3% year -over-year in February 2022. Although higher mortgage rates didn’t slow down rising home prices in March 2022, staffs believe rising mortgage rates and diminishing home affordability will begin to curtail price growth. The cost of a 30-year mortgage has more than doubled to approximately 5.74% from 2.75% last fall. The Institute for Supply Management (ISM) manufacturing index unexpectedly rose to 56.1 in May 2022 and was the first rise in three months, but the manufacturing sector is still struggling with supply chain issues and labor shortages

The Personal Consumption Expenditures (PCE) Price Index for April 2022 came in lower than the March 2022, but is still running well above average at +6.3% year -over-year. The PCE Core Deflator, which excludes the volatile food and energy components of inflation, also dropped by 0.3% from last month to +4.9% year-over-year. The drop in the rate of year-over- year price increases is an indication that inflation might have reached its peak level. Personal spending proved resilient, up 0.9% month -over-month, with strong positive revisions to the previous month’s reading. The U.S. savings rate fell to 4.4% for the month of April 2022, the lowest level since 2008. The average consumer still has capacity to spend from accumulated savings, higher wages and credit lines, but there are signs that elevated gas, food and shelter costs are pressuring discretionary spending decisions.

New home sales were down 16.6% month-over-month in April 2022 to an annualized rate of 591,000 as a combination of sky -high real estate prices and rising mortgage rates create affordability challenges for potential buyers . According to the MBS mortgage application survey, the effective rate of a 30-year fixed rate mortgage rose to a new high of 5.74% percent in May 2022. Applications rose 2% in early May 2022, but remain down about 50% from a year ago, with gains represented by homebuyers transitioning from fixed rate mortgages to adjustable-rate mortgages.

In regard to labor, the U.S. economy added 390,000 jobs in May, and job gains in April were revised upward from 428,000 to 436,000. Hiring was again led by leisure and hospitality, responsible for more than a quarter of payroll gains for the month followed by profes sional and business services. The nationwide unemployment rate was unchanged at 3.6% and remains only slightly higher than the pre-pandemic level of 3.5%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons, was 7.1%. Year-over-year wage growth in May 2022 was 5.2%; this was lower than the 5.5% registered in April 2022 and could reflect a beginning of a deceleration of wage growth that could help ease broad cyclical pr ice pressures. The labor force participation rate ticked up to 62.3% from 62.2%, a possible sign that higher wages and number of available jobs are compelling enough to draw workers back. And in early June, the U.S. Labor Department reported U.S. job openi ngs remained close to record levels at a seasonally adjusted 11.4 million job openings in April 2022, down from a record high 11.86

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) million in March 2022. As such, the number of job openings per unemployed worker dropped slightly to 1.9 in April 2022 from 2.0 in March 2022. Irrespective of the strong employment data this week, numerous companies have provided cautionary guidance relative to current and future hiring. Several technologies and media companies reported they will freeze hiring or trim staff. A lthough recent economic reports have been relatively strong, the future is uncertain and there are a few clouds on the horizon.

In California, total nonfarm employment in the state increased by 41,400 jobs over the month of April 2022. Additionally, statewide unemployment decreased to a rate of 4.6% in April 2022; down from 4.8% in March 2022 and 8.3% in April 2021. In Santa Clara County, the rate decreased to 2.1% in April 2022; down from 2.5% in March 2022 and 5.4% in April 2021. And in Campbell, the rate decreased to 2. 1% in April 2022; down from 2.3% in March 2022 and

5.0% in April 2021. At its pandemic high point in April 2020, the Campbell unemployment rate had reached 11.7%. While the current Campbell unemployment rate is not at the ten-year low of 2.0% seen in May 2019, it is very close and there has been considerable improvement since the start of the pandemic.

H - LONG-RANGE FORECAST
On May 17, 2022, staff provided City Council with the Second Update of the Seven -Year Financial Forecast that projected balanced General Fund operations in FY 2023, with $712,000 million of ARPA fund usage. Due to several factors discussed previously, proposed ARPA usage for balancing purposes has been reduced to approximately $ 665,000 in FY 2023. The Third Update of the Seven -Year Financial Forecast is shown and discussed in more detail in a separate section of this book called “Long-Range Financial Forecast”.

I - FEDERAL AND STATE AID
As previously noted, the City is expected to receive $9.997 million total in one-time American Rescue Plan Act (ARPA) funding; with the first payment of $4.999 million received in FY 2021 and the second payment of $4.999 million expected to be received in FY 2022. These monies must again be committed (appropriated and encumbered) by December 31, 2024 and spent down fully by December 31, 2026.

In addition to ARPA, staff has recently submitted a Federal Emergency Management Agency (FEMA) reimbursement request in which it may receive between $250,000 and $1.0 million for COVID related staffing, supplies, and services expenses that it incurred during the pandemic. The FEMA request is currently in its initial stages and the timing and final amount of reimbursement is uncertain, but staff will continue to monitor the request and follow up with FEMA regarding any additional materials or documentation req uired. Staff cautions though that FEMA reimbursements are typically a very slow process and the City may not see reimbursement for several years in the future.

And lastly, staff is also pursuing all opportunities that it can to secure grant funding to enhance the library renovation and new police building capital projects on top of funds being provided by Measure O. For instance, the City may be eligible for a State library grant up to $5 million.

Staff will report back to Council at a later date once more information is available on this grant opportunity.

J - BUDGET AND FINANCIAL AWARDS
For the 29th consecutive year, the City's FY 2022 budget received national recognition by earning

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) the Government Finance Officers Association (GFOA) “Distinguished Budget Award.” To receive the Distinguished Budget Presentation Award, a city must publish a budget document that serves as a policy document, a financial plan, a communications device, and an operations guide. We believe the FY 2023 budget conforms to GFOA program requirements. Additionally, FY 2022 is the 24th year an award of “Excellence in Budgeting” has been received from the California Society of Municipal Finance Officers (CSMFO). Copies of both awards appear in the “Budget Reference Materials” section of this document. It also should be noted that the City’s Annual Financial Report has also been an award-winning document for excellence in financial reporting at both the State and national levels for many years.

K - NEXT STEPS
• June 21: Adoption of Operating Budget, CIP, and Gann Limit

L - CONCLUSION AND ACKNOWLEDGEMENTS
The development of the Proposed Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five- Year Capital Improvement Plan (CIP) was made possible through the knowledge and contribution of the City’s employees, input and support from our community, and direction of the City Council.

Despite the economic slowdown caused by the pandemic, the City has done well to preserve core services the past two years and is starting to again benefit from a recovering economy. While we continue to remain cautious, conservative, and strategic in our operational growth, we also look forward to brighter days on the horizon and returning to normal once again.

I wish to thank everyone who participated in the budget process this year including the City Council and members of the Executive Team. Finally, I would like to recognize the staff within the Finance Department for their dedication and the hard work that went into coordinating, developing, and publishing this budget document.

Respectfully submitted,

Brian Loventhal
City Manager

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Exhibit A
Proposed FY 2023 Workplans
Legend:
• Comprehensive Long-Term Land Use Planning
• Measure O Implementation
• Financial Stability
• Sustainability
• Operational Need or CIP Support
City Manager’s Office
101.510 (CM Administration)
• Provide overall coordination of Measure O police and library design process [Council Priority - Measure O Implementation]
• Coordinate tracking of State Legislation (that may impact City) with Legislative Subcommittee [Council Priority – Comprehensive Long-Term Land Use Planning]
• Provide guidance and support for the General Plan Housing Element revision process [Council Priority – Comprehensive Long-Term Land Use Planning] • Provide guidance and support for labor negotiations [ Council Priority – Financial Stability and Operational Need]
• Evaluate the provision of Economic Development services and consider alternatives [Council Priority – Financial Stability]
• Staff the Civic Improvement Commission [Operational Need] • Coordinate, plan and staff the State of the City event. [Operational Need] • Update Cannabis Ordinances to reflect changes in State statutes in coordination with Legal Services and Police Departments. [Operational Need] • Develop and implement a Citywide Social Media Strategy. [Operational Need]

101.515 (Human Resources)
• Collaborate with the Finance Department and Information Technology (IT) Division as well as other key stakeholders to prepare a Finance and HR system Needs Assessment, Request for Proposal (RFP), and Vendor Selection Process; using consulting services to assist in the process as necessary. LEAD DEPARTMENT - IT [Council Priority – Financial Stability]
• Develop plan to fill key leadership and vacant positions with a strategic approach [Operational Need]
• Work with Liebert Cassidy Whitmore on successor labor contract negotiations with CPCEA, CMEA, and CARP. Meet and confer with CPOA. [Council Priority – Financial Stability and Operational Need]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) 647.547 (Information Technology)
• Collaborate with the Finance Department and Human Resources (HR) Division as well as other key stakeholders to prepare a Finance and HR system Needs Assessment, Request for Proposal (RFP), and Vendor Selection Process; using consulting services to assist in the process as necessary. LEAD DEPARTMENT - IT [Council Priority – Financial Stability]
• Deploy new Finance and HR systems if vendors selected in Fiscal Year [Operational Need]
• Purchase and deploy replacement of Storage Area Network (SAN) [Operational Need]
• Purchase and deploy replacement Network Firewall system [Operational Need] • Extend publicly accessible Wi-Fi at Community Center [Operational Need] • Replace 25% of antiquated desktop computers [Operational Need] • Assist with purchase and deployment of new PRA automation [Operational Need] • Continue public meeting recording and management [Operational Need] • Replace public meeting video and recording systems [Operational Need] • PD - Upgrades related to DOJ mandates (NIBRS) [Operational Need] • Provide IT consultation regarding Measure O projects [Council Priority - Measure O Implementation]
• Assist in the deployment of a new CAD/RMS system in PD [Operational Need] 101.556 (Economic Development)
• Implement short-term economic development strategy to minimize sales tax leakage and fill commercial vacancies. [Council Priority – Financial Stability] • Implement Permanent Parklet program for Downtown businesses. [Council Priority –Financial Stability]
• Begin work on update to the City’s Economic Development Plan. [Council Priority – Financial Stability]
448.518 (Measure O)
• Plan, coordinate, and complete design options for both Police and Library buildings. [Council Priority - Measure O Implementation]
• Work jointly with the Finance, Public Works, and Police Departments to confirm Furniture, Fixture, and Equipment (FFE) needs for new the Public Safety building and sufficiency of State grant funding. LEAD DEPARTMENT – Public Works [Council Priority - Measure O Implementation]
• Complete Pre-qualification process prior to bidding Measure O projects. [Council Priority - Measure O Implementation]
• Conduct Public Bid process to construct both the Library and Police Building projects. [Council Priority - Measure O Implementation] • Begin the construction of both the Library and Police Building projects. [Council Priority - Measure O Implementation]
• Provide support to the Citizens’ Oversight Committee. [Council Priority - Measure O Implementation]
City Clerk’s Office

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) 101.511 (City Clerk)
• Work with IT to implement automated public records request system [Operational Need]
• Review, coordinate, and implement a revised records retention schedule and procedures with potential software updates to the Laserfiche system [Operational Need]
• Conduct a successful 2022 General Election [Operational Need] • Review current processes, develop, and implement an overall board & commission program including, software needs, recruitment efforts, orientation programs/training materials/manuals, and recommended policy updates [Operational Need] Recreation & Community Services
101.524 (Recreation & Community Services Administration) • Collaborate with the Public Works and Finance Departments to prepare a facilities condition assessment and identify Citywide deferred maintenance issues to address in future Capital Improvement Plans (CIP); using consulting services to assist in the assessment as necessary. LEAD DEPARTMENT – Public Works [Council Priority – Financial Stability]
• Renew Age-Friendly Cities designation with World Health Organization (WHO). [Operational Need]
• Update Downtown Special Event Policy to incorporate Community Events outside of Downtown area. [Council Priority – Financial Stability] Finance
101.535 (Accounting Services)
• Develop strategies to systematically address Unfunded Pension Liabilities in the short- and long-term. [Council Priority – Financial Stability] • In coordination with the City’s Financing Team, finalize any items necessary to issue the second series of Measure O Bonds for $30 million. [Council Priority - Measure O Implementation]
• Work jointly with the City Manager’s, Public Works, and Police Departments to confirm Furniture, Fixture, and Equipment (FFE) needs for new the Public Safety building and sufficiency of State grant funding. LEAD DEPARTMENT – Public Works [Council Priority - Measure O Implementation]
• Collaborate with the Public Works and Recreation and Community Services Departments to prepare a facilities condition assessment and identify Citywide deferred maintenance issues to address in future Capital Improvement Plans (CIP); using consulting services to assist in the assessment as necessary. LEAD DEPARTMENT – Public Works [Council Priority – Financial Stability] • Collaborate with the Human Resources and Information Technology Divisions as well as other key stakeholders to prepare a Finance and HR system Needs Assessment, Request for Proposal (RFP), and Vendor Selection Process; using consulting services to assist in the process as necessary. LEAD DEPARTMENT - IT [Council Priority – Financial Stability]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • In coordination with an outside consultant, update the City’s User Fee Study to ensure continued cost recovery where desirable. Study will be used as the basis for User Fees starting in FY 2024. [Council Priority – Financial Stability] • In coordination with an outside consultant, 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 perform a needs assessment to determine the appropriate staffing resources and structure to have an efficient and effective City purchasing function. [Council Priority – Financial Stability]
Community Development
101.550 (Administration)
• Upgrade permit tracking system to create greater efficiencies and increase performance in permit processing. [Operational Need]

101.551 (Current Planning)
• Complete upgrades to Code Enforcement program implementing new enforcement tools and funding mechanisms. [Operational Need]

101.552 (Policy Development)
• Complete update to General Plan and Housing Element. [Council Priority - Comprehensive Long-Term Land Use Planning]
• Complete update to Zoning Ordinance implementing objective residential development standards, zoning standards for updated general plan and housing element, and conformance with state laws. [Council Priority - Comprehensive Long-Term Land Use Planning]
• Begin work on Climate Action Plan (Spring 2023) [Council Priority – Sustainability]

101.554 [Building]
• Update Building Code to incorporate new state provisions regarding Electric Vehicle Charging and Photovoltaic Systems. [Council Priority – Sustainability]

223.557 (Housing Assistance)
• Implement short term improvement plan to Housing Program. [Operational Need] • Identify broader BMR Housing program upgrades needed in association with Housing Element implementation. [Operational Need]
• Prepare nexus studies to consider modifications to the City's Inclusionary Housing Ordinance and creation of a Commercial Linkage Housing Fee to support Affordable

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Housing production [Council Priority - Comprehensive Long-Term Land Use Planning]

101/234.559 (Code Enforcement)
• Complete upgrades to Code Enforcement program implementing new enforcement tools and funding mechanisms. [Operational Need]

Legal Services
101.560 (Legal Services)
• Assist Community Development with General Plan and Housing Element Update [Council Priority - Comprehensive Long-Term Land Use Planning] • Work with Community Development Department to revise zoning ordinances to comply with State law and implement General Plan update, as well as potentially incorporating objective standards, expansion of safe camping, amnesty for ADUs, update of wireless facility processing and legalization of short-term rentals [Council Priority - Comprehensive Long-Term Land Use Planning]
• Review update to Building Code to incorporate new state provisions regarding Electric Vehicle Charging and Photovoltaic Systems. [Operational Need] • Review Measure O construction contracts and assist in implementation [Council Priority - Measure O Implementation]
• Assist with implementation of new PRA automation [Operational] • Assist Clerk’s Office with revision to records retention schedule and procedures [Operational Need]
• Review proposed update to Downtown Special Event Policy to incorporate Community Events outside of Downtown area. [Council Priority – Financial Stability] • Assist in implementation of Permanent Parklet program for Downtown businesses. [Council Priority – Financial Stability]
• Complete wireless regulations for use of right -of-way in coordination with the Public Works Department [Council Priority – Financial Stability] • Update Cannabis Ordinances to reflect changes in State statutes in coordination with City Manager’s Office and Police Department. [Operational Need]

Public Safety
101.601 (Police Administration)
• Support and provide feedback regarding the design of new Police Station funded by Measure O bonds. [Council Priority - Measure O Implementation] • Work joi ntly with the City Manager’s, Public Works, and Finance Departments to confirm Furniture, Fixture, and Equipment (FFE) needs for new the Public Safety building and sufficiency of State grant funding. LEAD DEPARTMENT – Public Works [Council Priority - Measure O Implementation]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • Update Cannabis Ordinances to reflect changes in State statutes in coordination with the City Manager’s Office and Legal Services Department. [Operational Need] • Recruit qualified candidates for vacancies and upcoming retirements. [Operational Need]
• Form a technology plan for upcoming implementation of new systems [Operational Need]
• Increase public engagement and transparency through a variety of methods including the formation of a Public Safety Advisory Board and Campbell’s first Citizen’s Police Academy. [Operational Need]
• Develop and implement a Gun Safety Public Awareness Campaign. [Operational Need]

Public Works
101.701 (Public Works Administration)
• Manage and implement Measure O design process and subsequent related work; complete design of Library and Police building projects and initiate public bid process. [Council Priority - Measure O Implementation]
• Work jointly with the City Manager’s, Finance, and Police Departments to confirm Furniture, Fixture, and Equipment (FFE) needs for new the Public Safety building and sufficiency of State grant funding. LEAD DEPARTMENT – Public Works [Council Priority - Measure O Implementation]
• Represent Campbell in long range regional transportation planning efforts - Envision Silicon Valley and Plan Bay Area 2050 process. [Council Priority - Comprehensive Long-Term Land Use Planning]
• Complete wireless regulations for use of right -of-way in coor dination with the Legal Services Department [Council Priority – Financial Stability] 209.715 (Environmental)
• Coordinate and support efforts to implement the requirements of SB 1383. [Council Priority – Sustainability]
• Complete RFP and installation of water bottle refill stations in City Hall and City parks. [Council Priority – Sustainability]
• Coordinate and support the RFP process for the new solid waste franchise agreement. [Council Priority – Sustainability]
• Provide support to the West Valley Clean Water Authority when implementing the regional stormwater MRP 3.0. [Council Priority – Sustainability] • Assess, recommend, and implement means by which the City can enhance its Water Conservation Efforts. [Council Priority – Sustainability]

101.720 (Transportation Engineering)
• Review and consider revisions to the City’s Traffic Calming Policy. [CIP Support] • Manage, design, and Implement traffic calming improvements. [CIP Support]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • Apply for and manage grant funds as provided through VTA and other granting agencies. [Council Priority – Financial Stability]
• Manage the construction of the Citywide ITS Enhancements Project. [CIP Support] • Manage, design, and Implement bicycle and pedestrian enhancements and safety improvements [CIP Support]
• Support Community Development in the Envision Campbell General Plan and Housing Element Update effort. [Council Priority - Comprehensive Long-Term Land Use Planning]

101.730 (Engineering)
• Implement the Annual Street Maintenance Program. [CIP Support] • Complete construction of the Campbell Park improvements. [CIP Support] • Complete construction of the Harriet Avenue Sidewalk project. [CIP Support] • Manage and implement all other approved Capital Improvement Projects. [CIP Support]
• Complete Standard Plans, Specifications, and Details for Public Works Construction. [Operational Need]
• Review applications and issue permits for small-cell wireless projects. [Operational Need]
• Maintain streetlight inventory and assist with street lighting needs for projects. [CIP Support]

101.740 (Land Development Engineering)
• Review development proposals for compliance with the reissued Storm Water Municipal Regional Permit (MRP 3.0), including necessary updates to the Green Infrastructure Plan. [Council Priority - Comprehensive Long-Term Land Use Planning]
• Review and approve land development projects for compliance with City policies, adopted plans, and City standard plans and details, and identify associated improvements on public rights-of-way. [Council Priority - Comprehensive Long- Term Land Use Planning]

101.745 (PW Maintenance Administration)
• Support volunteer events such as Keep America Beautiful and Campbell Garage Sale. [Operational Need]

641.750 (Vehicle & Equipment Maintenance)
• Complete all approved vehicle and equipment purchases and lease acquisitions. [Operational Need]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) • Complete replacement of three diesel-powered heavy-duty trucks with gasoline powered vehicles to meet EPA Tier 4 motor requirements. [Operational Need]

204.760 (Street Maintenance)
• Complete Maintenance Zones 13 &14 removal and replacement of City-owned displaced sidewalks, curb and gutter. [Operational Need] • Complete all approved Capital Improvement Projects, including the John D Morgan Parking Lot Renovation, Retro Reflectivity Sign Replacement, and all City facilities. [CIP Support]

207.770 (Signals & Lighting Maintenance)
• Complete installation of new Traffic Signal Cabinet at intersection of Bascom Ave and Apricot Ave. [Operational Need]
• Complete installation of an advance grid smart camera for the intersection of Creekside Dr. and Northbound (NB) Hwy 17 offramp. [Operational Need]

207.775 (Park Maintenance)
• Complete Maintenance Zones 13 &14 structural tree trimming. [Operational Need] • Implement water conservation strategies including turf and irrigation controller upgrades for the Community Center and sports fields. [Council Priority – Financial Stability]

101.780 (Building Maintenance)
• Complete the installation of a new Edwards Fire Alarm Panel and 4 sub-panels at the Campbell Community Center. [CIP Support]
• Complete first year of scheduled re-roofing projects at the Campbell Community Center Buildings. [CIP Support]
• Collaborate with the Finance and Recreation and Community Services Departments to prepare a facilities condition assessment and identify Citywide deferred maintenance issues to address in future Capital Improvement Plans (CIP); using consulting services to assist in the assessment as necessary. LEAD DEPARTMENT – Public Works [Council Priority – Financial Stability] • Complete the acquisition and installation of a new Traffic Signal and Lighting Modular Building at the Service Center. [CIP Support]

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) Exhibit B
Significant New and Increased General Fund Supplies and Services

• City Manager’s Office

NEW COST
o +$35,000 – New HR Software for Recruitment, Onboarding, Training, etc. o +$150,000 - Economic Development Plan Consultant
o +$50,000 - Short Term Economic Dev Strategy

INCREASED COST
o +$17,200 – Resumption of in-person Employee Engagement Events o +$30,000 – Increased Job Announcement Postings
o +$50,000 – Increased Labor Relations Legal Fees

• City Clerk

NEW COST
o +$16,000 – Records, Disclosure, and CPRA Systems

INCREASED COST
o +$45,000 – Election Expenses

• Recreation & Community Services

NEW COST
o +$12,000 – Purchase of New Chairs and Tables for M-50 Rental Space

INCREASED COST
o +$17,000 – Production of Activity Guide by Outside Contractors; (OFFSET BY

REVENUE)
o +$44,000 – Resumption of Trips and Special Events in Adult Services; (OFFSET

BY REVENUE)
o +$32,800 – Contractual Security and Janitorial needs for CCC Rentals ; (OFFSET BY REVENUE)
o +$47,500 – Marketing for a full -season of Theatre shows ; (OFFSET BY

REVENUE)
o +$34,000 – Increased costs to rent Theatre Equipment; (OFFSET BY REVENUE) o +$356,500 – Increased Contractual Theatre Management and Event costs (post-pandemic); (OFFSET BY REVENUE)
o +$24,000 – Increased Cleaning, Custodial, and Security Services at Theatre; (OFFSET BY REVENUE)
o +$212,500 – Increased demand for Contractual Sports Camp Instructors ; (OFFSET BY REVENUE)
o +$24,300 – Resumption of Two (2) Fun Runs; (OFFSET BY REVENUE) o +$68,000 – Resumption of Day Camp Field Trips; (OFFSET BY REVENUE)

• Finance

NEW COST
o +$100,000 - Finance / HR System Needs Assessment and Related Services o +$40,000 – Comprehensive User Fee Study Update
o +$89,000 – Citywide Procurement Study

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets)

INCREASED COST
o +$30,000 – Increased County Property Tax Administration Fees; (OFFSET BY

REVENUE)

• Community Development

NEW COST
o +$10,000 – Enhancements to Permitting Software
o +$25,000 – Downtown Parking Study

INCREASED COST
o +$13,000 – Increased Office Supply and Equipment expenses

• Legal Services

INCREASED COST
o +$52,000 – Increased Citywide Legal Services needs

• Public Safety

NEW COST
o +$35,000 – SWAT Replacement Vests and CERT Equipment
o +$25,000 – Drone Software and Supplies
o +$50,000 – Intersection LPR Cameras annual costs (approved at FY 2022 Mid- Year)

INCREASED COST
o +$10,000 – Increased General Recruitment costs
o +$25,000 – Increased Contractual Background Check costs for recruitments o +$24,000 – Increased Arson and POST (reimbursable) Training costs (OFFSET

BY REVENUE)
o +$20,000 – Increased Mobile Connectivity costs
o +$454,000 – Contractual increase to County Fire Services agreement

• Public Works

NEW COST
o +$100,000 – Facilities Conditions Assessment

INCREASED COST
o +$40,000 – Increased use of Engineering Consultant Services o +$116,000 – Anticipated cost increases to Contractual Custodian Services

• Non-Departmental

INCREASED COST
o +$52,800 – Increased Utility Costs
o +$314,300 – Increased General Liability and Property Insurance Premiums and Claims expense

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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING THE CITY'S OPERATING AND CAPITAL BUDGET FOR FISCAL YEAR 2023 WHEREAS, there has been submitted to the City Council a proposed budget for the operation of all departments and facilities of the City of Campbell for Fiscal Year (FY) 2023, and there has been submitted to the City Council a proposed budget for the capital expenditures related to City projects, and
WHEREAS, the City Council held meetings to review the proposed operating and capital budget; and the City Council took action to adopt the proposed budget; NOW, THEREFORE, BE IT RESOLVED, by the City Council that as of July 1, 2022 the amount of $111,760,897 be fixed as the amount necessary to meet all municipal operating requirements (excluding any further changes resulting from this public hearing and/or any miscellaneous corrections), and that the amount of $48,376,052 be fixed as the amount necessary to m eet the capital requirements of the City and that the same is hereby approved, confirmed and adopted at the combined total of $160,136,949; and BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to make any changes resulting from the pub lic hearing to adopt the FY 20 23 operating and capital budget or any miscellaneous corrections due to more refined estimates and incorporate these changes into the final published FY 2023 operating and capital budget document.

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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Attachment: Resolution - FY 2023 Operating and Capital Budget (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE PROPOSED FISCAL YEARS 202 3-2027 5-YEAR CAPITAL IMPROVEMENT

PLAN (CIP) AND FINDING THE CIP TO BE CONSISTENT WITH THE CAMPBELL GENERAL PLAN PURSUANT TO § 65401 OF THE STATE OF CALIFORNIA

GOVERNMENT CODE AND EXEMPT FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, after due consideration of all evidence presented, the City Council does find as follows with respect to the FY 2023-2027 CIP:

1. The proposed CIP is consistent with the Campbell General Plan, pursuant to §65401 of the State of California Government Code;

2. The proposed CIP is exempt from review under the California Environmental Quality Act (CEQA) in that it is not a “project” as defined by Public Resources Code § 21065 being an administrative activity of the City that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines § 15378.

WHEREAS, based upon the foregoing findings of fact, the City Council further finds and concludes that:

1. The CIP is consistent with the Campbell General Plan; and

2. No substantial evidence has been presented from which a reasonable argument could be made that the CIP projects would have a significant adverse im pact on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the proposed CIP to be consistent with the Campbell General Plan pursuant to § 65401 of the State of California Government Code and exempt from review under the California Environmental Quality Act (CEQA); and,

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Attachment: Resolution - FY 2023 Conformance to General Plan (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets)

BE IT FURTHER RESOLVED that the City Council approves the Fiscal Year 202 3- 2027 Capital Improvement Plan with projects totaling $90,665,463; including new capital projects of $4,684,155 and $44,548,880 as the amount necessary to meet the capital requirements of the City in FY 2023.

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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Attachment: Resolution - FY 2023 Conformance to General Plan (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets) RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 202 3

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA ST ATE CONSTITUTION WHEREAS, Proposition 4 was adopted by the voters of the State of California on November 6, 1979, adding Article XIII B of the California State Constitution; and WHEREAS, Proposition 111 was adopted by the voters of the State of California on June 5, 1990, amending Article XIII B of the California State Constitution; and WHEREAS, pursuant to Section 8 of Article XIII B of the California State Constitution, the City Council determines that the change in the cost of living shall be measured by the percentage change in Per Capita Personal Income as pro vided by the State of California Department of Finance from the preceding year and the change in population shall be measured by the change in the County of Santa Clara’s population growth; and
WHEREAS, the City Council of the City of Campbell wishes to es tablish this appropriations limit for the Fiscal Year 202 3 pursuant to Article XIII B of the California State Constitution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby finds and determines that the appropriations lim it for Fiscal Year 2022 is $86,662,718.

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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Attachment: Resolution - FY 2023 Appropriations Limit (Adoption of Fiscal Year (FY) 2023 Operating & Capital Budgets)

City
Council
Report

TITLE: Consideration of Assembly Bill (AB) 2181 (Berman) - Santa Clara Valley Transportation Authority: Board of Directors

RECOMMENDED ACTION

That the City Council rec eive the staff report on Assembly Bill 2181 and provide direction to staff, as needed.

BACKGROUND

On February 15, 2022, Assemblymember Marc Berman introduced Assembly Bill (AB) 2181 entitled, “Santa Clara Valley Transportation Authority: Board of Directors.”

Under existing law, the Santa Clara Valley Transportation Authority (VTA) is responsible for providing public transportation throughout the County of Santa Clara (County) via bus, light rail, and paratransit services. VTA also serves as a congesti on management agency and is responsible for countywide transportation planning and funding. VTA’s Board of Directors (Board) consists of 12 members, with two members from the County’s Board of Supervisors (BOS), five members from the San Jose City Council (including the mayor and four councilmembers), and five council members who are selected to represent the remaining small cities and towns within the County. Each Board member’s term of office lasts two years. In this current structure, the City of Campbell, as one of the small to mid -size cities/towns in the County, has a voice in selecting a member to represent the five-city West Valley region on the Board.

In its first iteration, AB 2181 appeared to be a place -holder bill, addressing only Board member terms to increase the length of the term from two to four years. On April 18, 2022, the bill was amended to revise the membership of the Board to consist of:

• Two representatives from the County who are members of the community and appointed by the president of the BOS;
• Five representatives from the City of San Jose, including at least two city council members or the mayor and two community members; and
• Five representatives from the other cities/towns in the County, including at least two community members and two city/town council members or mayors of those cities/towns, elected through a ranked choice voting process by the councils of those cities/towns.

Item: 13
Category: NEW BUSINESS
Meeting Date: June 21, 2022
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Consideration of AB2181 Page 2 of 3
The bill was also amended to authorize the Board to include ex officio nonvoting members from regional transportation or governmental bodies.

On April 26, 2022, the City of Campbell (City) sent a letter to the Chair of the Assembly’s Local Government Committee indicating that the City was in support of AB 2181 but had concerns. Specifically, the City requested language be added to the bill to address:

• The make -up of the Board to ensure equal representation by all the cities and towns whose residents and visitors use and benefit from VTA’s service and the Board’s decisions; and
• The question of wh ether the Board should be deciding issues related to both public transit and congestion management; decisions the City was concerned could be in conflict with one another.

The City then offered to work with the legislature to productively share its input and perspective on the legislation and requested the legislature reach out to other small cities and towns as well to ensure that all residents of the County were represented by the Board. For more detail, please see the April 26, 2022 letter from the City to the Chair of the Assembly’s Local Government Committee. For ease of reference, a copy is included as “Attachment A” to this report.

On May 2, 2022, AB 2181 was amended to add city/town/county residency requirements for all community members serving on the Board.

On June 7, 2022, the City’s Legislative Subcommittee met to discuss the amended bill and determined that the updated language did not address the concerns raised by the City on April 26, 2022. The Legislative Subcommittee voted to oppose the bill and on June 9, sent a letter to the Chair of the Senate Transportation Committee notifying the Chair of its opposition, despite the amendments made to the bill. The Legislative Subcommittee indicated that because the decisions of the Board are expans ive in both their nature and reach, its membership should equally reflect the towns and cities impacted. For ease of reference, a copy of this letter is included as “ Attachment B” to this report.

DISCUSSION

Since May 2, 2022, the following cities/towns/ agencies/individuals have taken an oppose position on AB 2181:

• Santa Clara Valley Transportation Authority
• Cities Association of Santa Clara County
• City of Cupertino
• City of Morgan Hill
• City of Mountain View
• City of Sunnyvale
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Consideration of AB2181 Page 3 of 3
• Various councilmembers from the City of Palo Alto and Los Altos Hills The bill is currently scheduled to be heard by the Senate Transportation Committee on June 28, 2022. If the City is interested in expanding on or changing the positions previously taken by the City or the Legislati ve Subcommittee on April 26 or June 9, 2022 respectively, it will have to submit correspondence to the Senate Transportation Committee by June 22, 2022 for consideration.

Prepared by:

Angelique Gaeta, Assistant City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. City of Campbell - Notice of Support With Requests AB 2181 b. Legislative Subcommittee Opposition AB2181_June 9 2022 13 Packet Pg. 126

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Attachment: City of Campbell - Notice of Support With Requests AB 2181 (Consideration of AB2181)

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Attachment: City of Campbell - Notice of Support With Requests AB 2181 (Consideration of AB2181) -" -
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CITY of CAMPBELL
June 9, 2022
The Honorable Lena Gonzalez
Chair, Senate Transp ortation Committee
Senate Chamber
1021 0 Street
Sacramento, CA 95814
RE: AB 2181 (Berman) Santa Clara Valley Transportation Authority: Board of Directors.

Notice of OPPOSITION (As Amended May 2, 2022)
Dear Senator Gonzale z:

The City of Campbell's Legislative Subcommittee must respectfully oppose AB 2181 (Berman), as amended on May 2, 2022, for the reasons described herein.

On April 26, 2022, the City of Campbell (City) sent a letter to the Assembly's Local Government Committee and shared its concerns. The key concerns included:
• The role of the congestion management authority can conflict with the role and responsibilities of a public transit agency. Consideration should be given to separation of these duties;
• The construction of the Board and the representation on the Board by smaller cities and towns is not equitable. Under the proposed Bill, the City would have even less of an ability to be represented or choose our representative than under the current process; and • Perhaps uniquely among our neighbors, the City's land use decisions in the future will relate to the functions of VTA. Thus, the City would be particularly impacted by Board decisions with potentially still more limited representation. 70 North First Street. Campbell, California 95008-1436 · TEL 408.866.21 00· FAX 408.374-6889 · TDD 408.866.2790

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Attachment: Legislative Subcommittee Opposition AB2181_June 9 2022 (Consideration of AB2181) The Honorable Lena Gonzalez
Chair, Senate Transportation Committee
June 9, 2022
Page Two
Please see the City's April 26, 2022, letter for more detail, attached here for ease of reference.

Even with the bill's recent amendments, the City's Legislative Subcommittee continues to have the concerns listed above and outlined in the attached letter. Because the decisions of the Board are expansive in both their nature and reach, its membership should equally reflect the towns and cities impacted.

For these reasons, the City of Campbell's Legislative Subcommittee opposes AB 2181 (Berman).

Sincerely,
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Elizabeth "Liz" Gibbons,
City of Campbell Legislative Subcommittee Member
Attached: AB2181 Letter dated, April 26, 2022
cc: The Honorable Marc Berman
The Honorable Dave Cortese
The Honorable Evan Low
Seth Miller, Regional Public Affairs Manager, Peninsula Division (via email: [email protected])
League of California Cities (via email: [email protected]) 70 North First Street. Campbell, California 95008-1436 · TEL 408.866.21 00· FAX 408.374-6889 · TDD 408.866.2790

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Attachment: Legislative Subcommittee Opposition AB2181_June 9 2022 (Consideration of AB2181)

City
Council
Report

TITLE: Resolution Authorizing the City Manager to Execute an Agreement with Shums Coda for Permit Technician Staffing Services in an Amount Not to Exceed $120,000 and Dispense with Bidding Requirements (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to execute an agreement with Shums Coda for Permit Technician Staffing Services in an amount not to exceed $120,000 and to dispense with bidding requirements.

BACKGROUND

The Building Division within the Community Development Department ensures the health and safety of building construction within the city by reviewing, processing, issuing and insp ecting the required permits in accordance with state and local ordinances. Essential tasks associated with this responsibility is the intake, distribution, and processing of Building Permits. This function is currently managed by a Permit Technician unde r the oversight of the Building Official. Since the start of 2021, the Building Division has experienced a significant increase in Building Permit applications. During fiscal year 2022, the Building Department took in the highest number of permits compared to the last 5 years , and on track to take in over $3 million in building permit revenue, a notable increase over previous years. In association with this significant volume in permit activity is the increased need for staff resources to support the intake, routing, and processing of Building Permits.

In response to this need, the Community Development Department entered into a contract with Shums Coda in October 2021 to obtain part-time permit technician support for the Building Division, in an amount no t to exceed $50,000. In accordance with Section 3.20.100 of Campbell’s Municipal Code, the contract was executed by the City Manager. Under this contract, the permit technician works on a part -time basis and supports the intake and routing of building ap plications to ensure there is no delay s in permit processing. The permit technician assigned to Campbell ha s past experience working for Campbell, and thus is more knowledgeable regarding Campbell’s processes and procedures.

Since October 2021, permit ac tivity in the Building Division has continued at a high level, necessitating ongoing part -time permit technician support services to ensure Item: 14
Category: UNFINISHED BUSINESS
Meeting Date: June 21, 2022
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Shums Coda Contract Page 2 of 4
timely permit processing. The Department estimates that the current Shums Coda contract can only support additional permit technician work through the end of June 2022. Based on these circumstances and current and expected future trends, the Community Development Department is seeking to obtain continued part -time permit technician support services through 2023. The De partment estimates that these services, to occur between May 2022 and December 2023 will cost approximately $120,000.

DISCUSSION

The Community Development Department has contacted known consultants within the Bay Area that provide contract support ser vices staffing to municipalities in order to solicit permit tech nician services to support the Building Division. Specifically, the Building Official contacted Shums Coda, Interwest, 4 Leaf, and CSG . Interwest and CSG did not respond, and 4 Leaf, responde d that they do not have permit tech nician availability to support Campbell’s needs.

PURCHASING PROCEDURES
The purchasing procedures outlined in the City Municipal Code (CMC) Section 3.20.050 state that purchases and contract for ‘supplies, services, and equipment of estimated fair market value greater than fifty thousand dollars’ shall be made according to specified bidding procedures. CMC Section 3.20.030 provides that the bidding procedures may be dispensed with when certain findings can be made. Staff is recommending the bidding procedures be dispensed with for the following reasons:

1. 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.

This provision may be found to apply to the permit technician services offered by Shums Coda in consideration that they have provided these services to Campbell since October 2021 and the current staff assigned to Campbell are familiar with Campbell’s procedures and policies. This experience makes them uniquely experienced and suited to perform the special services outlined in the proposals.

2. The supplies, services or equipme nt can only be obtained from one vendor, in which case the City may negotiate directly with that vendor.

This provision may be found to apply as the Building Department has not found another vendor, other than Shums Coda, who can provide the permit tech nician services to Campbell.

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Shums Coda Contract Page 3 of 4

3. The City Council, by a majority vote, determines that it is in the best interest of the public to dispense with the requirements of Section 3.20.050, in which case the City Council shall prescribe the appropriate method of purchase.

Recognizing the City has an ongoing need to protect the health and safety of the public through the review, issuance and inspection of building permits and the Department has identified a need for permit technician services to support this obligation, it may be found to be in the best interest of the public to dispense with the requirements of Section 3.20.050 to ensure the Department has sufficient staffing to support this requirement.

FISCAL IMPACT
The total cost of a consultant serv ices agreement with Shums Coda will be in an amount not to exceed $120,000. The Community Development Department has allocated approximately $20,000 within its remaining F iscal Year 2022 Budget to fund this work and has requested $100,000 within the F iscal Year 2023 Budget to support this permit technician contract work.

ALTERNATIVES

1. Do not enter into a contract with Shums Coda and request the Department complete a full procurement process as outlined in CMC Section 3.20.050 .

2. Provide alternative direction to staff.

Prepared by:

Rob Eastwood, Community
Development Director
Approved by:
14 Packet Pg. 133
Brian Loventhal, City Manager
Shums Coda Contract Page 4 of 4
Attachment:
a. Resolution
b. Consultant Services Agreement - Shums Coda June 2022 14 Packet Pg. 134

RESOLUTION NO. ________

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

AUTHORIZING THE CITY MANAGER TO DISPENSE WITH THE BIDDING PROCEDURES SPECIFIED IN C AMPBELL MUNICIPAL CODE SECTION 3.20.050,

AND NEGOTIATE , AWARD , AND EXECUTE A CONTRACT WITH SHUMS CODA

FOR PERMIT TECHNICIAN STAFFING SERVICES IN AN AMOUNT NOT TO EXCEED $120,000

The City Council finds as follows with regard to dispensing with the bidding procedures, as set forth in Campbell Municipal Code (CMC) Section 3.20.0 50 and pursuant to Municipal Code Section 3.20.030 negotiate, award, and execute a contract with Shums Coda to provide Permit Technician staffing services:

WHEREAS, the City of Cam pbell Building Division ensures the health and safety of building construction within t he city by reviewing, proce ssing, issuing and inspecting the required permits in accordance with state and local ordinances , and essential tasks associated with this responsibility is the intake, distribution, and processing o f building permits; and

WHEREAS, in response to increase d building permit application volume the City seeks to obtain part time permit technici an support servi ces to ensure timely permit processing; and

WHEREAS, the Campbell Building Division contacted known consultants within the Bay Area that provide contrac t staff support services to municipalities in order to solicit permit technician services to support the Building Division; and

WHEREAS, from the firms identified, only S hums Coda, who currently provides Campbell with permit technician services, responde d that they can provide Campbell with permit technician support; and

WHEREAS, CMC Section 3.20.030 provides that t he bidding procedures may be dispensed with when any one of eight potential circumstances are found to exist.

WHEREAS, the City Council has found t he following circumstances from CMC

3.20.030 to exist, thereby warranting the bidding procedures to be dispensed with:

• The city seeks the special services, consultation or advice in f inancial, economic, accounting, engineering, legal, administr ative or other matters from persons specially trained, experienced and competent to perform the special services required. Shums Coda has provided permit technicia n services to Campbell and has staff that are familiar with Campbell’s procedures and policies.

• The supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor; The City has not

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Attachment: Resolution (Shums Coda Contract)
City Council Resolution No. Page 2 of 3 Authorize the City Manager to Negotiate, Award and Execute Contracts

found a vendor other than Shums Coda at this time who can provid e these services.

• The City Council, by a majority vote, determines that it is in the best interest of the public to dispense with the requirements of Section 3.20.050, in which case the City Council shall prescribe the appropriate method of purchase.

THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to dispense with the bidding pro cedures, as set forth in CMC Section

3.20.050, and negotiate , award , and execute a contract with Shums Coda for permit technician staffing services as set forth in Exhibit A.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Paul Resnikoff, Mayor

ATTEST:

Dusty Christopherson, City Clerk

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Attachment: Resolution (Shums Coda Contract)
-1-

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of ______________, 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and Shums Coda Associates (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain permit technician staffing services to support permit processing by the Building Division within the Community Development Department; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said 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 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 Ag reement 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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Attachment: Consultant Services Agreement - Shums Coda June 2022 (Shums Coda Contract) -2-

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 The designated project manager for Consul tant shall be Christine Godinez. 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 matters related to the performance of this agreement on behalf of Consultant.

1.10 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the 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 standards 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 contractor 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 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.

1.11 This Agreement contains provisions that permit mutually 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 furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on all such 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 Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

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3. COMPENSATION

3.1 For the full performance of 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 $120,000, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoi ce for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification.

Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance 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 incurred 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 specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, Cit y may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decr eased, Consultant is entitled to full compensation for all services performed and expenses 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 prio r written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable 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 (Compensation) shall not be exceeded, unless authorized by written contract 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 fee schedule.

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

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 shall be responsible to City for the perfor mance 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.

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Attachment: Consultant Services Agreement - Shums Coda June 2022 (Shums Coda Contract) -4-

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 pro fessional 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 relinquis hes all claims to copyright or other intellectual property rights in favor of the City. 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 requ est, 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 file s. 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
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 of such termination. In the event of such termina tion, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City. In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance 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.

7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, or ancestry of any employee of, or applicant for employment with, such Consultant or subcontractor.

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

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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 defendants is unable to pay its share of defense co sts due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and

b. Where a project -specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a prima ry basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoing paragraph , Consultant agrees to indemnify, defen d (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 from any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, 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 arisin g out of, or alleged to have been caused 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 negligen ce 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 the Consultant to a greater extent than permitted under the public policy of the State of California; 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 Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemnity provisions are intended to fully allocate the partie s’ risk of liability to third-parties; and there shall 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.

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9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of one year 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:

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 Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either t he general aggregate limit 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 limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability: Workers’

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Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.

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

The limits of insurance required in this Agreement may be satisfied by a combination 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 benefit of City (as agreed to in this Agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

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 City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, an d defense expenses. Policies containing any self -insured retention provision shall provide or be endorsed to provide 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, officers, 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 Consultant, 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 specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the

14.b
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Attachment: Consultant Services Agreement - Shums Coda June 2022 (Shums Coda Contract) -8-
Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Ci ty, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its 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 the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been 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 coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the r equirements of this Agreement.

G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply 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 the Consultant is bound to City under this Agreement. 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 all subcontractors to provide a valid certificate o f insurance and the required endorsements included in the Agreement prior to commencing any 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 this Agreement are to be issued by an issuer with a current A.M.

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Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

H. 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 authorized 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 the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

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 services pursuant to this Agreement.

10.4 Neither party’s waiver of any term, condition 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 between City and Consultant relating to the project an d the provision of services to the project. Any prior agreements, promises, negotiations, or representations 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 Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, 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 This Agreement may be executed in counterparts and will be binding as executed.

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

10.10 The term of this Agreement shall commence upon execution of the Agreement and

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terminate December 2023 . Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.11 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 conflict 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 cert ifies 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 shall not make or participate in making or in any way attempt 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 financial interest other than the compensation promised by this Agreement.

Consultant will immediately advise the City if Con sultant learns of a financial interest of Consultant's during the term of this Agreement.

10.12 This Agreement 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.

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: Rob Eastwood
Community Development Director
70 North First Street
Campbell, CA 95008

CONSULTANT: Shums Coda Associates
Attention: Christine Godinez
5776 Stoneridge Mall Rd., Ste #150
Pleasanton, CA 94588

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

CONSULTANT

By____________________________________________

Title: Christine Godinez, Chief Operating Officer

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CITY OF CAMPBELL

By _____________________________________________
___________________________

Title: City Manager

Exhibit A - Scope of Services and Fees

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EXHIBIT A SCOPE OF SERVICES
Permit Technician Services SCA provides Permit Technician Services to cover one or more of the following disciplines; Assists with permit applicants and others by phone and in person, Calculates and processes permit fees, Reviews, logs, coordinates and routes various plans and permits, Processes and reviews building permit applications, documents and plan submittals to assure accuracy and compliance with the jurisdiction Provides information to the public relating to the status of projects and permits.

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EXHIBIT B SCHEDULE OF FEES
Personnel Charges
Personnel Description: Hourly Billing Rate:

Permit Technician $62.50 ** Overtime for inspection hours will be billed at one hundred fifty percent (150%) of the hourly rate above.

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City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the s ection of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

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 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 SCC 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.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)

COUNCILMEMBER GIBBONS:

Association of Bay Area Governments Executive Committee** Item: 15
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: June 21, 2022
15 Packet Pg. 150
Council Committee Reports Page 2 of 3
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of SCC Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy JPA Board of Directors & Executive Committee (SVCE) County Library District JPA Board of Directors (Alt.)
SCC Housing and Community Development Advisory Committee (Alt.)

COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Downtown Subcommittee
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.) State Route (SR) 85 Corridor Policy Advisory Board (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
Prepared by:

Dusty Christopherson, City Clerk
15 Packet Pg. 151
To: Honorable Mayor and City Council Date: June 21, 2022 From: Dusty Christopherson, City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 1 – Proclamation Friends of Children with Special Needs (FCSN)

Please see the attached Desk Item for Item 1 relating to the proclamation for the Friends of Children with Special Needs . This correspondence was received by the City Clerk ’s Office on June 20, 2022. This Desk Item will be added to the public agenda packet online.

City of Campbell

MEMORANDUM
Public Works Department

valleywater.org
1 Purified Water Project in Santa Clara County
June 21, 2022
valleywater.org
2 Topics
• Importance of recycled and
purified water in Santa Clara
County
• CountyWide Water Reuse
Master Plan
• Purified Water Project
Overview
• Campbell pipeline alignment
and wells
• Community: Communication
and Outreach
• Timeline and Next Steps
valleywater.org
3 U.S. Drought Monitor, June 2, 2022
Droughts and Climate Change
Risks: Urgency for Addressing
Water Supply Reliability

valleywater.org
4 Recycled and Purified Water is the long-term
solution
• Body and bullet copy appearing under the title in
32pt. Calibri.
• Keep points simple and direct.
• Limit each slide to 3 points, if possible.

CountyWide Reuse Master Plan
Identify feasible opportunities for
expanding reuse as part of Valley
Water’s strategy to improve water
supply reliability and regional self-
reliance
Integrate existing recycled water
systems and expand non-potable
reuse
Develop purified water systems

valleywater.org
6 Recycled and Purified Water

valleywater.org
7 Alternative Project Delivery Method
• Using Design-Build-Finance-Operate-Maintain Delivery Method.

A private entity delivers the project, Valley Water retains ownership and partners with the private entity as part of a P3. • Cost: about $700M

Purified Water Project
Treated Wastewater
Supply from
Palo Alto Regional
Water Quality Control
Plant
Purification Center
Purified Water Pump
Station and Pipeline
Los Gatos Recharge
System
RO
Concentrate

valleywater.org
9 Proposed Alignment
Through the City of
Campbell
Pipeline Length in Campbell : 3.2 miles
Major Streets:

Winchester Blvd.

Eden Ave
Milton Ave
Rincon Ave
E. Hacienda Ave
A drought-
resilient supply
for the Los
Gatos Recharge
System in
Campbell
Page Pond Set
Page Ditch Discharge
Kirk Ditch Discharge
Sunnyoaks Ponds
McGlincy Ponds
Camden Ponds
Oka Ponds
Budd Avenue Ponds
Well Control Zones
• State regulations require Valley Water
to control drinking water well
construction near the ponds.
• This provides time to protect public
health in the unlikely event of a
release of lower quality water.

What This Requirement Means for Property Owners
Properties in the primary or
secondary well control zones
How you may be affected
If you do not have a drinking
water well on your property
No impact
If you have an existing well on
your property
If the well is used for drinking water, we would need to work with you to decommission the well
If you wanted to construct a
drinking water well
No drinking water wells would be allowed in the
primary zone. Additional study would be needed in the
secondary zone.

Note: All properties within the area receive water from San Jose Water Company Groundwater Monitoring
• State regulations require monitoring at 2 locations
based on groundwater travel time and nearby
drinking water wells
• In 2017, Valley Water installed wells in southern
John D. Morgan Park with City support
• The preferred location for the second monitoring
site is in northeast John D. Morgan Park, if
acceptable to the City
• This would require coordination for specific
location, construction access, and easement
• Well construction would likely be completed
by 2026

valleywater.org
14 Community: Communication and Outreach
• Public meetings
• Website and media outreach
• Public education campaign on
Purified Water and Conservation
• Tours of the Purification Facility
• Stakeholder outreach
• Project specific/construction
• Continued collaboration with City staff
• Future Council updates

Timeline
• EIR in development
• 2022/23: Valley Water plans to award the project
• 2024: Private partner completes design and
permitting
• 2028: Construction will be completed and water
flowing to the Los Gatos Recharge system

QUESTIONS

BUDGET DEVELOPMENT PROCESS
To Date
Next Steps
2 FY 2023 BUDGET AND CIP ADOPTION
February 1
• FY 2022 Mid-
Year Financial
Update and
Recommended
Budget
Adjustments
February 24
• Special Meeting
– FY 2023
Priority Setting
April 5
• Study Session –FY
2023 Workplans
April 25
• Study Session –
FY 2023
Operating
Budget and CIP
May 17
• Formal
Introduction of
Budget and CIP
Iterative process with several opportunities for Council and community feedback Changes requested with majority consensus June 21 will be incorporated into Final Adopted Budget and CIP (to be published by late August) June 21 (TONIGHT)
• Adoption of Budget,
CIP , and Gann Limit
CHANGES SINCE MAY 17 INTRO
 Complete Budget and CIP digital book as well as updated Seven-Year Forecast prepared and online at:
https://www.campbellca.gov/151/Budget
 Update of FY 2023 and Long-Range Projections for improving TOT Estimates, increased General Fund Transfers Out to Gas Tax Fund, and other misc. changes detailed in budget book  ARPA Use for General Fund Balancing Purposes and One-Time Items reduced to $665,000; from $712,000  Request for additional one-time $100,000 use of ARPA funds for OBAG Cycle 3 Planning Grant Application to (a) Develop a Hamilton Avenue Specific Plan and (b) Develop a potential Winchester Transit Area Plan  Adjusted Measure O Funds for actual Second Issuance of Measure O in May 2022 and required tax rate  Reduced FY 2023 Gas Tax revenuesby $180,000 due to May 2022 State Budget Revise  Added Nexus Study for Commercial Linkage Inclusionary Housing Fees for $150,000 to Housing Fund  Split Police and Library capital projects into four (4) distinct projects: (a) Police Building, (b) Library Renovation, (c) Shared Costs, (d) Police FFE
FY 2023 BUDGET AND CIP ADOPTION 3

FINANCIAL OVERVIEW (GENERAL FUND)
4 FY 2023 BUDGET AND CIP ADOPTION
FY 2020
Actual
FY 2021
Actual
FY 2022
Adopted
FY 2022
Estimate
FY 2023
Proposed
%
Chg.*
Revenues $50,606,793 $53,968,736 $57,130,551 $58,139,668 $61,393,515 5.6% Expenditures 55,362,103 55,324,796 54,984,092 58,139,668 61,393,516 5.6% Surplus/(Deficit) $(4,755,309) $(1,356,060) $2,146,458 $0 $0 *Change % compares FY 2023 Proposed to FY 2022 Estimate Includes:
Measured ARPA Usage
FY 2021 (Actual) - $2.2 million
FY 2022 (Estimated) - $2.2 million
FY 2023 (Proposed) - $665,000 for General Fund balancing and one-time items & $50,000 for ongoing COVID expenses such as PPE and downtown barriers
Costing for pending labor negotiations consistent with recent Council discussions and parameters Strategic filling of remaining vacancies
Conservative revenue growth based on economic forecasts, consultant assistance, and staff operational knowledge Does not include new staffing requests; pending Council feedback Deficit in FY 2021 reflects draw from Capital Projects and Worker’s Comp Reserves as presented for annual audit on February 1, 2022; these are not primary General Fund reserves

FINANCIAL OVERVIEW (GENERAL FUND)
5 FY 2023 BUDGET AND CIP ADOPTION
FY 2023 Estimated Revenues by Type FY 2023 Proposed Expenditures by Type

SUPPORT OF PRIORITIES & WORKPLANS
One-time General Fund items in FY 2023 Proposed Budget to support Council Priorities and Workplan objectives:
 New HR Software - $35,000 (CITY MANAGER’S OFFICE)
 Economic Development Plan Consultant - $150,000 (CITY MANAGER’S OFFICE)  Short-Term Economic Development Strategy Consultant - $50,000 (CITY MANAGER’S OFFICE)  Increased Labor Relations Legal Fees - $50,000 (CITY MANAGER’S OFFICE)  Records, Disclosure, and CPRA Systems - $16,000 (CITY CLERK)  November 2022 Election Expenses - $45,000 (CITY CLERK)  Finance / HR System Needs Assessment and RFP Development - $100,000 (FINANCE)  Comprehensive User Fee Study - $40,000 (FINANCE)
 Citywide Procurement Study - $89,000 (FINANCE)
 Business License System Integration - $25,000 (FINANCE)  Downtown Parking Study - $25,000 (COMMUNITY DEVELOPMENT)  Facilities Conditions Assessment - $100,000 (PUBLIC WORKS)  Increased Engineering Consultant Services - $40,000 (PUBLIC WORKS) TOTAL: $765,000 in General Fund
*Nexus Study for Commercial Linkage Inclusionary Housing Fees for $150,000 in Housing Fund FY 2023 BUDGET AND CIP ADOPTION 6

CITY DEPARTMENTS (GENERAL FUND)
FY 2023 BUDGET AND CIP ADOPTION 7
FY 2020 Act. FY 2021 Act. FY 2022 Adop. FY 2022 Est. FY 2023 Prop. % Chg.

City Council 319,130 310,840 353,921 343,601 346,065 0.7% City Manager's Office 3,728,553 2,773,206 2,647,689 2,701,236 3,060,211 13.3% City Clerk's Office 532,827 339,328 537,161 572,244 665,073 16.2% Recreation & Comm Srvcs 5,854,410 4,018,012 4,577,759 4,216,553 6,163,202 46.2% Finance 1,723,430 1,783,488 1,868,658 1,933,484 2,292,382 18.6% Community Development 2,982,785 2,554,639 2,809,540 4,399,943 3,445,674 -21.7% Legal Services 593,137 577,601 523,658 532,544 582,809 9.4% Police Department 19,834,223 21,496,304 19,302,148 19,735,619 21,053,930 6.7% Fire Services 9,126,693 9,556,560 9,856,600 9,856,600 10,310,640 4.6% Public Works 5,271,024 5,044,678 5,954,660 6,115,684 6,429,772 5.1% Non-Departmental (Other) 5,395,890 6,870,140 6,552,299 7,732,160 7,043,757 -8.9% TOTAL $ 55,362,103 $ 55,324,796 $ 54,984,092 $ 58,139,668 $ 61,393,515 5.6% STAFFING OVERVIEW (FTE’S)
8 FY 2023 BUDGET AND CIP ADOPTION
FY 2020
Adopted
FY 2021
Adopted
FY 2022
Adopted
FY 2023
Proposed
#
Chg.

Permanent FT & PT 180.00 172.67 170.24 174.80 +4.56
Limited Term 1.00 1.00 0.83 1.00 +0.17
Total Perm & Limited 181.00 173.67 171.07 175.80 +4.73
Temporary PT 55.70 24.05 24.93 31.32 +6.39
TOTAL ALL POSITIONS 236.70 197.72 196.00 207.12 +11.12
160.00
180.00
200.00
220.00
240.00
FY 2020 FY 2021 FY 2022 FY 2023
Temporary PT
Limited Term
Permanent FT & PT
Proposed staffing remains
below pre-pandemic levels
by 29.58 FTE’s

STAFFING OVERVIEW
9 FY 2023 BUDGET AND CIP ADOPTION
FY 2022 includes positions approved at mid-year
FY 2023 includes:
• Full-year funding of any partially frozen vacancies hired during FY 2022 or approved to be filled • CDD – Unfreezing Building Official - $221,000 Cost
• PW – Unfreezing Parks Maintenance Supervisor - $194,000 Cost • RCS – Downgrade a vacant, but not frozen Recreation Supervisor to Recreation Coordinator • RCS – Upgrade a vacant, but not frozen Recreation Specialist to Recreation Coordinator - $6,000 Net Cost for both RCS changes

LONG-RANGE FORECAST
10 FY 2023 BUDGET AND CIP ADOPTION
45,000,000
50,000,000
55,000,000
60,000,000
65,000,000
70,000,000
75,000,000
80,000,000
General Fund Revenues vs. Expenditures
Revenues (w Federal Aid)
Revenues (wo Federal Aid)
Expenditures
Balanced Budgets
FY 2022 and FY 2023;
using ARPA funds
Estimated Surpluses in Future Fiscal Years;
without ARPA $774,000 starting FY 2024

GENERAL FUND RESERVES
11 FY 2023 BUDGET AND CIP ADOPTION
Estimated to meet or exceed
Reserve Policy by FY 2029
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
General Fund Reserves
Target Reserve Actual/Projected Reserve
Removed previously shown
transfers from ARPA fund in
FY 2024 and FY 2025

CAPITAL IMPROVEMENT PLAN (CIP)
Total FY2023-2027 Capital Improvement Plan - $90,665,463

1. New Capital Projects - $4,684,155

2. Existing Capital Projects - $85,981,308
FY2023 Projected CIP Expenditures - $44,548,880

1. Includes $39,433,480 of projected Police and Library Building expenditures Changes to CIP since May 17th Budget Introduction

1. FY2023 Annual Street Maintenance – Decreased budget by $27,000 due to a decrease in SB1 projection

2. Campbell Downtown PDA Enhancement Construction – $580,000 funded by ARPA in FY 2024

3. Civic Center Improvements (Measure O) – Separated into four components: Police Operations Building, Library Renovation, Shared Costs, and Police FF&E

4. CIP Unfunded List – Updates to Gravel Lot, Trash Enclosure, and Civic Center Site Improvements Planning Commission Review

1. Planning Commission found the CIP is consistent with the City's General Plan. However, the Commission noted the amount of funding for bicycle and pedestrian infrastructure is insufficient, citing General Plan Strategy LUT 1.4a and 2.1a.

FY 2023 BUDGET AND CIP ADOPTION 12

ITEMS NEEDING DIRECTION
Using ARPA Funds for OBAG Cycle 3 Planning Grant Match $100,000 – CIP Item (1) (1) Not currently in proposed budget numbers and documents FY 2023 BUDGET AND CIP ADOPTION 13

RECOMMENDED ACTION
Full text in agenda packet and staff report
Three (3) Resolutions
1) Operating and Capital Budget
2) CIP Conformance to General Plan
3) Gann Appropriations Limit
FY 2023 BUDGET AND CIP INTRODUCTION 14

QUESTIONS & DISCUSSION
15 FY 2023 BUDGET AND CIP ADOPTION

Campbell City CouncilJune 21, 2022

Campbell City Council
June 21, 2022