Agenda, regular meeting — Campbell City Council, July 5, 2022 (part 1 of 2)

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. Councilmember Gibbons will attend virtually from 55 Alder Lane, North Falmouth, M assachusetts. 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, July 5, 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 Declaring July 2022 as Parks Make Life Better Month Recommended Action: That the City Council issue a Proclamation recognizing July 2022 as Parks Make Life Better Month in the City of Campbell.

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.

2. Minutes of City Council Executive Session Meeting of June 14, 2022 Recommended Action: Approve the Executive Session Meeting minutes of June 14, 2022.

3. Minutes of City Council Executive Session Meeting of June 20, 2022 Recommended Action: Approve the Executive Session Meeting minutes of June 20, 2022.

4. Minutes of City Council Executive Session Meeting of June 21, 2022 Recommended Action: Approve the Executive Session Meeting minutes of June 21, 2022.

5. Minutes of City Council Regular Meeting of June 21, 2022 Recommended Action: Approve the Regular Meeting minutes of June 21, 2022.

6. Minutes of City Council Executive Session Meeting of June 28, 2022 Recommended Action: Approve the Executive Session Meeting minutes of June 28, 2022.

7. Approving Bills and Claims
Recommended Action: That the City Council approve the bills and claims in the amount of $2,889,328.14.

8. Monthly Investment Transactions Report (May 2022)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for May 2022.

9. Extension of Declaration of Local Emergency (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution extending the May 17, 2022 City Council proclamation declaring the existence of a local emergency resulting from community spread of COVID-19 another sixty (60) days until September 29, 2022.

10. Excess Workers’ Compensation Coverage Contract (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute a contract with Midwest Employers' Casualty Company to provide excess worker's compensation liability coverage for Fiscal Year 2022/23 for the estimated annual premium amount of $109,308.

11. Authorization to Submit One Bay Area Grant (OBAG) Applications (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Public Works Direct or to submit One Bay Area Grant Program applications for the Fiscal Year 2022/23 Annual Street Maintenance Project to Resurface Hamilton Av enue, the Campbell Priority Development Area Enhancements Project, and the Hamilton Avenue Precise Plan.

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. Public Hearing to Consider Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution overruling protests, if any, approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments.

13. Public Hearing and Introduction of Ordinance to Consider a City -Initiated Text Amendment to the Campbell Municipal Code to Add Chapter 11.15 (Parklets in the Public Right -Of-Way); Adoption of a Resolution Approving an Associated Semi -Permanent Parklet Program Guide; Adoption of a Resolution Approving an Amendment to the City’s Master Fee Schedule to Add Fees and Deposits Related to Parklets in th e Public Right-Of-Way and Authorization of a One-Time Construction Grant to Program Applicants and Approval of Associated Budget Adjustments for Fiscal Year 2023; and Adopt a Resolution Approving an Extension of the Current Temporary Parklet Program (File No. PLN -2022-39) (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance adding Chapter 11.15 ( Parklets in the Public Right -of-Way) to the Campbell Municipal Code; adopt a Resolution approving the adoption o f a Semi -Permanent Parklet Program Guide; adopt a Resolution approving an amendment to the City’s Master Fee Schedule adding fees and deposits r elated to parklets in the public right-of-way, providing for a one -time Construction Grant to program applicants and approving associated budget adjustments for Fiscal Year 2023; and adopt a Resolution extending the Temporary Parklet Program to January 9, 2023.

NEW BUSINESS

14. Designation of Voting Delegate and Alternate for 2022 League of California Cities Annual Conference
Recommended Action: That the City Council designate a Voting Delegate and Alternate(s) for the League of California Cities Annual C onference General Business Meeting to be held on September 7-9, 2022.

15. Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Construction Management and Inspection Services for the Civic Center Improvements, Campbell Library Reno vations, Project No. 23 -SS, and Authorizing the City Manager to Award Consultant Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing issuance of a Request for Qualifications (RFQ) for Co nstruction Management and Inspection Services for the Civic Center Improvements, Campbell Library Renovation (Pr oject No. 23 -SS) and authorizing the City Manager to Award a Consultant Services Agreement with the most qualified respondent.

16. Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Construction Management and Inspection Services for the Civic Center Improvements, Campbell Police Operations Building Project No. 23 -RR and Authorizing the City Manager to Award a Consultant Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution a uthorizing issuance of a Request for Qualifications (RFQ) for Construction Management and Inspection Services for the Civic Center Improvements, Campbell Police Operations Building (Project No. 23 -RR) and authorizing the City Manager to Award a Consultant Services Agreement with the most qualified respondent.

17. Resolution Authorizing an Ad Valorem Tax Levy Based on a Debt Service Estimate to be Provided to Santa Clara County Regarding General Obligation Bonds for Fiscal Year 2022-23 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing an ad valorem tax levy based on a debt service estimate to be p rovided to Santa Clara County regarding general obligation bonds for Fiscal Year 2022-23.

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

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

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City we bsite 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 document s 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 Declaring July 2022 as Parks Make Life Better Month

RECOMMENDED ACTION
That the City Council issue a Proclamation recognizing July 2022 as Parks Make Life Better Month in the City of Campbell.

BACKGROUND
Since 1985, the U.S. House of Representatives designates the month of July as National Parks and Recreation Month. In honor of that designation and in recognition of the Ca lifornia Parks and Recreation Society’s effort to bring awareness to the importance of Parks and Recreation programs through the statewide Parks Make Life Better campaign, staff requests that the City Council designate July 2022 as Parks Make Life Better Month in the City of Campbell.

DISCUSSION
The City of Campbell Recreation and Community Services Department offers a variety of programs and services both in person and online that promote physical, emotional, and mental health and wellness. Programs and services that are offered promote the economic vitality of Campbell and create memorable experiences for our residents and surrounding community members.

Recreation programs bring diverse populations together, fostering social cohesiveness and strengthens communities with facilities that reflect community character, heritage, culture, and history. Activities and programs offered through Campbell Recreation and Community Services helps to create memorable experiences and support ongoing learning opportunities to keep families active and engaged.

The City of Campbell continues to be stewards of natural resources and recognizes the importance of access to local parks, recreation, trails, open space, and facilities. The Recreation and Community Services Depar tment helps spread the Parks Make Life Better message to inform citizens of the many benefits of utilizing parks, facilities, recreation programs and services.

FISCAL IMPACT
Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: July 5, 2022
1 Packet Pg. 5
Proclamation Declaring the Month of July as Parks Make Life Better Page 2 of 2 There is no fiscal impact associated with issuing this proclamation.

Prepared by:

Natasha Bissell, Recreation and
Community Services Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Proclamation - Parks Make Life Better 2022
1 Packet Pg. 6

PROCLAMATION OF THE

MAYOR OF THE CITY OF CAMPBELL
WHEREAS, Parks and Recreation promotes physical, emotional and mental health and wellness through organized and self -directed fitness, play, and activity; and,
WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses and non -profits, and offering events for resident’s engagement; and,
WHEREAS, Parks and Recreation creates memorable experiences through youth sports and enrichment activities, teen centers and programs, senior activity centers, adult fitness and enrichment programs, free community events, and beyond; and
WHEREAS, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come toget her peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and
WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that refle ct and celeb rate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland.

NOW, THEREFORE, I, Paul Resnikoff, Mayor of the City of Campbell, do hereby proclaim the month of July 2022 as Parks Make Life Better Month in the City of Campbell.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 5th day of July, 2022.
________________________________
Paul Resnikoff, Mayor
City of Campbell, California

1.a
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Attachment: Proclamation - Parks Make Life Better 2022 (Proclamation Declaring the Month of July as Parks Make Life Better)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, June 14, 2022 – 5:00 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was conducted pursuant to provisions of the Brown Act.

CALL TO ORDER
The City Council of the City of Campbell convened on the special day of June 14, 2022.

Councilwoman Landry attended v irtually from 349 Curtner Avenue, Campbell, CA 95008.

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

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel – Pursuant to G.C. Section 54957(b)(1): Public Employee Employment – City Clerk
B. Litigation
C. Real Property
D. Labor Negotiations
The City Council met in Executive Session to discuss Item A. City Manager Brian Loventhal, City Attorney Bill Seligmann, City Clerk Dusty Christopherson, and Human Resources Manager Jenny Le-Christensen were in attendance.

City Attorney Seligmann stated that any reportable actions will be reported at the next regularly scheduled City Council Meeting.
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Minutes Acceptance: Minutes of Jun 14, 2022 5:00 PM (CONSENT CALENDAR) Minutes of June 14, 2022 City Council Meeting Page 2

ADJOURNMENT
Council adjourned at 6:29 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk
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Minutes Acceptance: Minutes of Jun 14, 2022 5:00 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Monday, June 20, 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 20, 2022.

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 Present

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel – Pursuant to G.C. Secti on 54957(b)(1): Public Empl oyee Performance Evaluation – City Manager
B. Litigation
C. Real Property
D. Labor Negotiations
The City Council met in Execu tive Session to discuss Item A. City Manager B rian Loventhal was in attendance.

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

ADJOURNMENT
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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT CALENDAR) Minutes of June 20, 2022 City Council Meeting Page 2
Council adjourned at 8:15 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk
3 Packet Pg. 11
Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, June 21, 2022 – 6:30 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was conducted pursuant to provisions of the Brown Act.

CALL TO ORDER
The City Council of the City of Campbell convened on the special day of June 21, 2022.

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation
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 Employee s Association (CPCEA); Campbell Peace Officers’ Association (CPOA); Carpenters; Management Employees; and Confidential Employees
The City Council met in Executive Session to discuss Item D. City Manager Brian Loventhal, City Attorney Bill Seligmann, Assis tant City Manager An gelique Gaeta, 4 Packet Pg. 12
Minutes Acceptance: Minutes of Jun 21, 2022 6:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 2
Human Resources Manager Jenny Le -Christensen, and Rick Bolanos with Liebert Cassidy Whitmore Law Firm were in attendance.

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

ADJOURNMENT
Council adjourned at 7:06 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk
4 Packet Pg. 13
Minutes Acceptance: Minutes of Jun 21, 2022 6:30 PM (CONSENT CALENDAR)

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, June 21, 2022 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursu ant 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.

PLEDGE OF ALLEGIANCE
Friends of Children with Special Needs led the 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 Council issue a proclamation recognizing the Friends of Children with Special Needs for their voluntee r efforts and contributions in maintaining and improving City of Campbell parks.

Mayor Resnikoff read the proclamation honoring the Friends of Children with Special Needs and thanked them for their many volunteer efforts and contributions in maintaining and improving City parks.

Sylvia Yeh, Friends of Children with Special Needs representative showed a short clip of the many efforts the group takes to support the City of Campbell. Ms.

Yeh encouraged the City to provide employment opportunities for the clients of the group.
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Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 2
Councilmembers expressed appreciation to the Friends of Children with Special Needs for their superb efforts in maintaining the City’s parks, particularly the Edith Morley Park, and noted the tremendous effort and hard work the group exhibits.

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

Mayor Resnikoff read the proclamation declaring the month of June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer Pride Month in the Cit y of Campbell.

Nicole Altamirano, Silicon Valley Pride, thanked the City Council for their support and noted that Pride was born out of the need for people to be who they are and free to live as they choose. Ms. Altamirano specifically thanked those that came before us in the movement and noted that Pride wouldn’t be what it is today without them.

Councilmember Lopez stated his support for Pride Month and noted that across the country there ha s been a significant increase in legislation discriminating the transgender community, and he encouraged everyone to continue to fight against those efforts.

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

Linda LeZotte, Santa Clara Valley Water District (Valley Water) Board Member – District 4, expressed appreciation to Council for the inv itation to present an update on the Proposed Purified Water Pip eline Project and introduced Kirsten Stewart, Water Supply Division who provided the presentation.

Ms. Stewart stated that to respond to the ongoing severe drought, Valley Water has ramped up water conservation, secured additional water importing resources, and slowed groundwater declines. The Countywide Reuse Master Plan was approved which directs the development of purified water systems and integrates existing recycled water systems and expa nds non -potable water reuse. Ms. Stewart clarified that purifie d wastewater is reliable and clean for use as it goes through additional purification processes to enhance the quality. Valley Water is using this increased wastewater to replenish the ground water supply.

Ms. Stewart reviewed the proposed Purified Water Pipeline Project noting this is a public/private partnership project, where a private entity designs, builds, and operates the pipeline, but it is a public project and is valued at over $700 mi llion.

Ms. Stewart reviewed the proposed pipeline alignment thr ough the City of Campbell, noting the well control zone areas, and noted that the State requires Valley Water to control drinking water well construction near the ponds, 5 Packet Pg. 15
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 3
protecting the public f rom an unintentional release of lower quality water. Ms.

Stewart noted that there is very limited impact to the residents in the area, as it is mostly served by a water retailer. Ms. Stewart noted that 2 drinking water wells are required within Campbell, the first built in 2017 in the southern part of John D.

Morgan Park, the second is proposed to be built in the northern part of John D Morgan Park and completed by 2026.

Ms. Stewart reviewed the outreach efforts to date, including direct mailers, virtual tours, and informational meetings. As the project progresses, th ere will be public scoping meetings, increased partnership with the City, and future Council meeting updates. Ms. Stewart noted that full project completion is currently targeted in 2028.

In response to inquiries, Ms. Stewart noted that the Palo Alto Reg ional Water Quality Control Plant alignment is the current project moving forward. The other San Jose site is still under negotiations and may be a future project. Ms. Stewart clarified that th ere is currently only one privately owned well by the recharge ponds, and Valley Water is working with the property owner to abandon the well.

In response to an inquiry, Aaron Baker, Chief Operating Officer, Water Utility Enterprise, noted that the hope is that any impacts to residents will be temporary and for the greater good in the long run, but that there will be a full restoration of any streets that are affected by the construction.

Councilmember Gibbons encouraged Valley Water staff to increase their outreach efforts, and to work closely with City staff on the Request for Proposals document as there may be specific community concerns in the affected areas that should be included, such as school traffic and safety concerns on Milton Avenue.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

City Attorney Bill Seligmann stated that there were no reportable actions taken at the June 7, 2022 City Council Executive Session meeting.

ORAL REQUESTS
Brian Clausen, Campbell resident, requested the City consider revoking the conditional use permit for the Sorelle Italian Bistro citing noise issues for the neighboring residents.

Alec Gulesserian, Carpeteria Flooring Represe ntative, requested the City require the property owner of the former Elephant Bar Restaurant location clean up the blight on the property and install a privacy screening fence.

Susan O’Brien, Campbell resident, spoke in support of the Campbell Police Depa rtment and thanked them for hosting the Open House.

COUNCIL ANNOUNCEMENTS
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Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 4
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.

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.

Summer music is back - free summer concerts on Orchard City Green begin Thursdays at 6:30 pm and will run through July 14, 20 22. Next Thursday, June 23, 2022 “First Call,” a band of brothers from the South bay will play the most memorable melodies from over 60 years of rock, pop, funk, soul and jazz. Put on your dancing shoes, come to the park, and enjoy food and beverages with friends and family.

On Friday, June 24, 2022 at approximately 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.

Internationally renowned violinist and composer Mads Tolling will perform at the Ainsley House Garden on Sunday, June 26, 2022 at 2:000 p.m. Tickets are on sale at www.campbellmuseums.com.

Enjoy an afternoon experiencing local wines, beers, cuisine and live music. The Campbell Community Emergency Response Team (CERT) is hosting the ir 4 th Annual Taste of Campbell fun draiser on Saturday, July 30, 2022, from 3:00 to 6:00 p.m. at the Campbell Community Center. Tickets are available at campbellcert.org/taste. Proceeds from this event hel p to pay for emergency supplies, eq uipment, and training in support of our community.

On order of Mayor Resnikoff, Item 13 was taken out of order.

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.

Mayor Resnikoff stated that Assembly Bill 2181 was placed on hold by Assembly Member Berman allo wing time for a State audit to be c onducted and the results analyzed.

M/S: Gibbons/Landry – That the City Council remove item 13 from the agenda. The motion was adopted by the following roll call vote:
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff

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

Items 9 and 11 were removed from Consent.

The Consent Calendar was considered as follows:

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

This action approves the City Council 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.

This action approves the City Council 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.

This action approves the City Council 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 t he 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 6.10.180 of the Campbell Municipal Code adding provisions regarding the use of Compliance Agreements in Code Enforcement.

This action adopts Ordinance No. 2283 amending Sections 6.10.015, 6.10.030, and 6.10.180 of the Campbell Muni cipal 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 Abatement of Weeds (Resolution / Roll Call Vote)
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Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 6
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.

This action adopts Resolution No. 12848 authorizing the City Manager to execute a ninth amendment to the Agreement with the County of Santa Clara for abatement of weeds.

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

This action adopts Ordinance No. 2284 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

M/S: Gibbons/Lopez – That the City Council approve the Consent Calendar with the exception of items 9 and 11. (Councilmember Gibbons voted no on item 10) The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Lopez
AYES: Gibbons (voted no on item 10), Landry, Lopez, Bybee, Resnikoff

ITEMS CONSIDERED SEPARATE FROM CONSENT

9. 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 a dopt 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.

In response to inquiries, Public Works Director Todd Capurso clarified that this is not a sole -source product procurement, and the RFP document will be updated to note the preferred product is an LK product, or equal. Public Works Director Capurso noted that all affected areas will be ADA compliant. Some areas may need to have concrete poured, or other ADA compliant work completed. This work will be completed by Staff and is not part of the grant funding. The grant funding covers the change out and update of the water fountains only. There is no plumbing work needed at these sites.

Councilmember Lopez expressed appreciation to Staff for seeking out a grant opportunity that requires no local match.

Mayor Resnikoff opened the public hearing, there being no speakers, the public hearing was closed.
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Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 7
M/S: Bybee/Lopez – That the City Council adopt Resolution No. 12849 authorizing the issuance o f a Request for Proposals for the purchase and installation of water bottle refill stations at various locatio ns and authorizing the City Manager to award and execute the contract in an amount not to exceed $120,000. The motion was adopted by the following roll call vote:

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

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.

Councilmembers expressed appreciation to City Clerk Christopherson for her hard work throughout the year and wished her well.

M/S: Gibbons/Bybee – That the City Council accept the r esignation of Dusty Christopherson from the position of City Clerk. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
On order of Mayor Resnikoff, Item 14 was taken out of order.

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 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 wit h bidding requirements.

Community Development Director Rob Eastwood revie wed the Staff Report dated June 21, 2022 noting that this request is for additional staffing services to support the increased workload of the Building Division in the Community Development Department.

M/S: Landry/Bybee – That the City Council adopt Reso lution No. 12850 5 Packet Pg. 20
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 8
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. The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

12. Adoption of Fiscal Year (FY) 2023 Operating Budget and 2023 - 2027 Five- Year Capital Improve ment 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 Improvem ent Plan (CIP) projects are categorically exempt under the California Env ironmental 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 capit al 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 Resolution establishing the Appropriations Limit for FY 2023 at $86,662,718 pursuant to Article XIIIB of the California State Constitution.

This is the time and place for a public hearing to consider adoption of FY 2023 Operating Budget and 2023 -2027 Five -Year CIP and Establishment of the Appropriations Limit for FY 2023.

City Manager Brian Loventhal introduced staff report dated June 21, 2022 reviewing the proposed Fiscal Year 2023 Operating Budget and Capital Improvement Program (CIP). City Manager Loventhal reviewed budget updates since the May 17, 2022 budget introduction, including the reduction of American Rescue Plan Act (ARPA) funds for one -time expenses, addition of ARPA funding for the One Bay Area Grant (OBAG) Cycle 3 Planning Grant Application to develop a Hamilton Avenue Specific Plan and a potential Winchester Transit Area Plan, addition of monies to the Housing Fund for the Nexus Stud y for Commercial Linkage Inclusionary Housing Fees, and the split of the Measure O Projects into four distinct CIP projects (Police Operations Building, Library Renovation, Shared Costs, and Police furniture, fixtures and equipment [FF&E]).

City Manager Lo venthal reviewed the General Fund financial overview and the one-time General Fund expenses to support the Department workplans and priorities.

City Manager Loventhal reviewed the staffing requests included in the proposed FY 2023 Operating Budget, inclu ding the unfreezing of a Building Official and 5 Packet Pg. 21
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 9
Parks Maintenance Supervisor, and the changes to the vacant Recreation Coordinator positions, one to a Recreation Supervisor and one to a Recreation Specialist. City Manager Loventhal noted that the proposed b udget does not include the positions discussed at the May 17, 2022 introductory budget conversation (reclassification of a Senior Planner to a Principal Planner, Communications Coordinator, contractual Mental Health Counselor/Clinician, or an Administrative Analyst).

Finance Director Will Fuentes reviewed the long range forecast depicting the forecast with ARPA funds and without for comparison purposes. Director Fuentes noted that the City is relying on ARPA funds to balance the budget in FY 2022 and 2023, but are not predicting it will be needed in FY 2024. Director Fuentes reviewed the General Fund reserves and noted a slight adjustment in the upcoming year due to increases in expected hotel tax, and lowered the income growth forecast by 1% over FY 2024 a nd 20 25 due to concerns relating to a slight slowdown in the economy. Director Fuentes noted that ARPA funds cannot be used to replenish reserve accounts, and as such it may be until FY 2029 before the City will meet its reserve target amounts.

In respons e to an inquiry, Public Works Director Capurso noted that of the six vehicles scheduled for replacement in FY 2023, it is likely the Police Department vehicles will be hybrids but is unlikely that a hybrid version will be available for the larger trucks needed by the Public Works Department.

In response to an inquiry, City Manager Loventhal noted that ARPA funds could be used to support the contractual Mental Health Counselor/Clinician.

In response to inquiries, Finance Director Fuentes clarified that the Fire Services costs from the County Fire Department are increasing, the FY 2023 Operating Budget includes a cost increase of $450,000 for Fire Services, which is slightly more than the usual 4% increase each year. A lot of factors are included in this increase, including an increase in property values and consumer price index (CPI) and personnel cost increases. Director Fuentes noted that the Finance Department workplan includes a review of the Public Employee Retirement System (PERS) costs and strategies to pay down the unfunded liability.

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

Council took a recess at 9:34 p.m. and returned at 9:47 p.m. with all members present.

Finance Manager Norite Vong presented the CIP and noted adjustments made since the initial Council review on May 17, 2022, including the FY 2023 Annual Street Maintenance budget decrease due to increased Senate Bill 1 (SB) funding projections, approval of ARPA fun ds usage for the Campbell Downtown Priority Development Area (PDA) Enhancement Construction, the separation of the four Measure O projects, and the changes to the CIP unfunded list which now includes the gravel lot, trash enclosure and related Civic Center site improvements. Finance Manager Vong noted that the Planning Commission at its meeting on May 24, 2022, found the CIP to be consistent with the City’s General Plan, but did note that they found the amount of funding for bicycle and pedestrian infrastructure to be insufficient, citing General Plan Strategy Land Use and Transportation (LUT) 1.4a (Alternative Work Habits) and 2.1a (Bicycle Plan). 5 Packet Pg. 22
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 10
In response to inquiries, Public Works Director Capurso noted that due to the uncertainty around the construct ion economy, the gravel lot and trash enclosure in the Civic Center are included on the unfunded project list, and depending on how the bids come in, Staff can evaluate any additional monies available to cover these projects, or if they will require an alt ernative funding source. Public Works Director Capurso clarified that the City did receive $3.9 million in grant funding from the State which is earmarked for the Police Operations Building Back -up Generator, and FF&E needs, at this point, this is sufficie nt fu nding. However, Staff is cautious about FF&E funding due to the uncertainty around construction cost escalation. Public Works Director Capurso noted that moving expenses will for the Police Department will be included in a future operating budget, clo ser to the building completion date.

In response to inquiries, Police Chief Gary Berg clarified that the Officer Safety Plan includes cameras, tasers, in -car video cameras, and other such equipment.

The contract is all bundled together and is amortized ov er the 10-year contract at $177,000 per year for a total contract price of $885,000.

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

Councilmember Gibbons stated her concerns for the City’s re serve policies, and the assumptions included in the proposed budget. She is not supportive of the positions requested at this time and noted her need for additional information on the staffing impacts and for the appropriate personnel process to be followe d.

Councilmember Gibbons stated her desire for a review of the City’s Vehicle Purchasing Policy, and the reprioritization of the City’s Climate Action Plan including changing the workplan language to “commit to” or something similar.

Councilmember Lopez stated that he is supportive of the overall budget, and the reprioritization of the Climate Action Plan, but is concerned about the long range forecast and reserve policy as he feels a recession is more likely, and that inflation is going to have a signific ant i mpact on the City’s budget.

Councilmember Lopez requested further conversations relating to the City’s reserve policies and how to address potential economic downturns.

Vice Mayor Bybee stated that she is supportive of restoring the frozen positions, but she is not supportive of the Recreation and Community Services Department position changes noting her concerns that the proper process had not been followed. Vice Mayor Bybee stated her concerns for supporting any new requests, given the economic unce rtainty and the need to address reserve funding. She is supportive of the contractual mental health counselor/clinician position as a beta test for analyzing its usage. Vice Mayor Bybee requested an informational memorandum on the Recreation and Community Services Department position changes detailing the position duty changes.

Councilwoman Landry stated her concern for following the appropriate personnel change process and requested additional conversations on the succession/staffing plan. Councilwoman La ndry noted her support for the contractual mental health counselor/clinician position but is concerned about the state of the economy.
5 Packet Pg. 23
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 11
Mayor Resnikoff noted his support for the overall budget and the reprioritization of the Climate Action Plan, but reques ted a dditional conversations relating to reserve policies and economic outlooks. Mayor Resnikoff noted his support for restoring the frozen positions, support for the contractual Mental Health Counselor/Clinician position and the Senior Planner reclassific ation from the May 17, 2022 initial budget introduction.

Following discussions, Council confirmed consensus for the inclusion of $60,000 for a contractual mental health counselor/clinician position, for unfreezing the Building Official position and the Pa rks M aintenance Supervisor; and for changing the workplan language to “commit to” on the Climate Action Plan.

Following discussions, Council confirmed consensus for reviewing the Vehicle Purchasing Policy after the completion of the Climate Action Plan.

Vice Mayor Bybee recused herself on the San Tomas Creek Trail Project discussion, as the project location is within 500 feet of her residence and left the meeting room.

Councilmember Landry requested removal of the San Tomas Creek Trail Project from the unfunded CIP project list.

Following discussions, Council confirmed consensus for leaving the San Tomas Creek Trail Project on the unfunded CIP project list.

Vice Mayor Bybee returned to the meeting room.

Mayor Resnikoff recused himself on the Measure O CIP project discussions, as the Library Renovation project is within 500 feet of his residence and left the meeting room.

City Manager Loventhal reviewed the separation of the Measure O projects listed in the CIP and noted that the approval of the CIP does not commit the City to any expenditures, and there are still many conversations and votes to come on the Measure O projects.

Councilmember Gibbons stated her support for the CIP but requested additional information on how these numbers are derived, specific ally, add alternate information, risks of going over budget, and expressed concern about having some things listed in an unf unded list. Councilmember Gibbons noted her concerns about the funding of future needs of the City Hall building.

Councilwoman Landry requested a list of unfunded items relating to Measure O such as the parking lot, trash enclosure, signage, lighting, and ADA sidewalk work, so this list can be discussed in greater detail by Council.

Councilmember Lopez stated his support for the CIP and expressed appreciation to Staff for keeping the Measure O projects moving forward and he’s optimistic the City will find solutions to the funding challenges.

Mayor Resnikoff returned to the meeting room.

Councilmember Gibbons requested removal of the Police Advisory Board from the Police Department workplan.
5 Packet Pg. 24
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 12
Following discussions, Council confirmed consensus for leaving the Police Advisory Board on the workplan, noting an informational memorandum and further Council conversations are forthcoming.

M/S: Landry/Bybee – That the City Council adopt Resolution No. 12851 adopting the Fiscal Year (FY) 2023 City Operating and Cap ital budgets, including transfers, in the amounts of $111,880,897 and $48,376,052, for a combined total budget of $160,256,949, adding the addition of a contractual Mental Health Counselor/Clinician and the inclusion of matching funds for the OBAG Cycle 3 Planning Grant Application to develop a Hamilton Avenue Specific Plan; and adopt Resolution No. 12852 adopting findings that the pro posed FY 2023 -2027 Capital Improvement Plan (CIP) projects are categorically exempt under the California Environmental Quali ty 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 publicati on; and adopt Resolution No. 12853 establishing the Appropriations Limit for FY 2023 at $86,662,718 pursuant to Article XIIIB of the California State Constitution. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Gibbons, Landry, Lopez, Bybee (recused on San Tomas Creek Trail Project), Resnikoff (recused on Measure O
projects)

COUNCIL COMMITTEE REPORTS

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

Mayor Resnikoff and Vice Mayor Bybee attended a 100 th birthday party for a Campbell resident and thanked the Campbell Police Department for their Happy Birthday Drive-by.

Councilmember Gibbons reported that the Silicon Valley Clean Energy Authority successfully negotiated a new 24/7 renewable energy service, the second in the country.

ADJOURN
Mayor Resnikoff adjourned the meeting at 11:42 p.m.
5 Packet Pg. 25
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR) Minutes of June 21, 2022 City Council Meeting Page 13
APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk
5 Packet Pg. 26
Minutes Acceptance: Minutes of Jun 21, 2022 7:30 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, June 28, 2022 – 5:00 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was conducted pursuant to provisions of the Brown Act.

CALL TO ORDER
The City Council of the City of Campbell convened on the special day of June 28, 2022.

Councilmember Gibbons attended virtually from 55 Alder Lane, North Falmouth, Massachusetts, 02556.

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

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel – Pursuant to G.C. Section 54957(b)(1): Public Employee Appointment – City Clerk
B. Litigation
C. Real Property
D. Labor Negotiations
The City Council met in Executive Session to discuss Item A. City Manager Brian Loventhal, City Attorney Bill Seligmann, Human Resources Manager Jenny Le - Christensen, and Deputy City Clerk Andrea Sanders were in attendance.

City Council returned to open session.

City Attorney Seligmann stated that by a unanimous vote, the City Council appointed 6 Packet Pg. 27
Minutes Acceptance: Minutes of Jun 28, 2022 5:00 PM (CONSENT CALENDAR) Minutes of June 28, 2022 City Council Meeting Page 2
Andrea Sanders to serve as Acting Interim City Clerk, effective July 1, 2022.

ADJOURNMENT
Council adjourned at 6:19 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor
Andrea Sanders, Acting Interim City
Clerk
6 Packet Pg. 28
Minutes Acceptance: Minutes of Jun 28, 2022 5:00 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
That the City Council approve the bills and claims in the amount of $2,889,328.14.

DISCUSSION
The bills and cl aims that have been audited and approved by staff for payments made as noted below:

Type Check Date Amount
Bills & Claims May 23, 2022 $254,058.92
Payroll May 26, 2022 $35,411.07
Bills & Claims May 30, 2022 $837,387.34
Bills & Claims June 6, 2022 $580,209.49
Payroll June 9, 2022 $24,634.24
Bills & Claims June 13, 2022 $1,157,627.08
Total $2,889,328.14

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

Prepared by:

Roberto Garcia-Acosta, Accounting Clerk
II
Reviewed by:

Item: 7
Category: CONSENT CALENDAR
Meeting Date: July 5, 2022
7 Packet Pg. 29
Norite Vong, Finance Manager
Approving Bills and Claims Page 2 of 2
Approved by:

Brian Loventhal, City Manager
7 Packet Pg. 30
City
Council
Report
TITLE: Monthly Investment Transactions Report (May 2022)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for May 2022.

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

DISCUSSION
This Monthly Investment Transaction Report covers May 2022. As shown in Attachment A, staff made three deposits into and two withdrawals from the City’s Local Agency Investment Fund (LAIF) account to support weekly operating cash flow needs .

The deposits into LAIF totaling $5.6 million were offset by $2.9 million in withdrawals, resulting in a net increase to the City’s LAIF account balance of $2.7 million. Though the City didn’t have any particularly large revenue sources d uring the month, we received $2.8 million from the VLF SWAP on the last day of April, which was deposited into LAIF in the beginning of May; accounting for most of the increase. The PMIA average monthly yield increased again to 0.684%. Staff still anticipates purchasing additional investments as interest rates continue rising. Since the start of the COVID-19 pandemic, staff has largely held off on purchasing new long-term investments so as to maintain sufficient liqu idity necessary to support ongoing City operations during a time of economic uncertainty . However, consistent with the recommended FY 2021-22 Investment Strategy accepted by Council on August 17 , 2021 , staff has revised this approach in the current fiscal year and started to look for longer -term investment opportunities outside of LAIF; thereby providing a higher, yet still safe return consistent Item: 8
Category: CONSENT CALENDAR
Meeting Date: July 5, 2022
8 Packet Pg. 31
Monthly Investment Transactions Report (May 2022) Page 2 of 2 with the City’s Investment Policy. With the pandemic being brought under better control and the current LAIF inv estment rate still being quite low at 0.684%, staff believes that this is a fiscally prudent approach and will continue to look for attractive and appropriate longer-term investment opportunities throughout FY 2021-22; contingent on a continued positive ec onomic trend and stabilization of the pandemic’s negative impacts. Please note that all investment purchases made adhere to the City’s Investment Policy.

FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.

Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-5.31.22
8 Packet Pg. 32

CITY OF CAMPBELL
Monthly Investment Transactions Report
May 1 to May 31, 2022
Account Trans. Date May 2022
LAIF - ******137
Average Monthly Yield 0.684%
Beginning Balance 43,250,950$
Transactions
Deposit 05/02/2022 2,100,000
Deposit 05/03/2022 1,400,000
Withdrawal 05/06/2022 (2,200,000)
Withdrawal 05/10/2022 (700,000)
Deposit 05/27/2022 2,100,000
Monthly Total 2,700,000
Ending Balance 45,950,950$
Account Trans. Date May 2022
Bank of New York (BNY) - ******818
Beginning Balance 12,000,000$
Ending Balance 12,000,000$

8.a
Packet Pg. 33
Attachment: Monthly Investment Activity Report-5.31.22 (Monthly Investment Transactions Report (May 2022)) City
Council
Report
TITLE: Extension of Declaration of Local Emergency (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution extending the May 17, 2022 City Council proclamation declaring the existence of a local emergency resulting from community spread of COVID-19 another sixty (60) days until September 29, 2022.

BACKGROUND
On March 17, 2020, the City Council adopted a resolution ratifying the Direct or of Emergency Services’ proclamation dated March 12, 2020 , declaring the existence of a local emergency resulting from the community spread of COVID -19 in the City of Campbell (City). This declaration of a local emergency provided the City the authority to provide and request mutual aid from state and other governmental agencies, consistent with the provisions of local ordinances, resolutions, emergency plans, and agreements; as well as promulgate orders and regulations, and exercise emergency police powe rs necessary to provide for the protection of life and property.

During the COVID -19 public health crisis, the City Council passed several resolutions that are effective for the duration of the local emergency and listed below. No additional actions by the City Council are necessary as the actions authorized by these resolutions will terminate when the declaration of local emergency ends. • Resolution 12580 - Setting forth code enforcement priorities during the COVID-19 emergency;
• Resolution 12594 - Setting forth enforcement priorities affecting retail and restaurant businesses outside of the downtown area during the COVD-19 emergency;
• Resolution 12595 – Setting forth enforcement priorities affecting downtown retail and restaurant businesses during the COVID-19 emergency; • Resolution 12620 - Temporarily suspending and designating parking restrictions and prohibitions pursuant to Campbell municipal code chapter

10.24 and authorizing the temporary closure of the 100, 200, 300, and 400 blocks of East Campbell Avenue to motor vehicle traffic pursuant to California Vehicle Code section 21101 to facilitate outdoor business and setting forth Item: 9
Category: CONSENT CALENDAR
Meeting Date: July 5, 2022
9 Packet Pg. 34
Extension of Declaration of Local Emergency Page 2 of 3 enforcement priorities affecting downtown businesses during the COVID -19 emergency;
• Resolution 12623 - Setting forth enforce ment priorities affecting all business outside of the downtown area during the COVD-19 emergency.

Pursuant to Campbell Municipal Code 2.28.060 (a)(1) and California Government Code Section 8630 (b), the local emergency declaration was ratified by the City Council, as required by law , in order to allow the City the ability to exercise emergency police powers such as: evacuation; immunity for emergency actions; authorization of issuance of orders and regulations; activation of pre -established emergency provisions; and, is a prerequisite for requesting state or federal assistance.

The City Council has reviewed the local emergency declaration every sixty ( 60) days and has adopted resolutions to extend the declaration of a local emergency on May 5, July 24, September 15, November 2, and December 15 of 2020; on February 2, April 6, June 1, August 3, September 21 , October 19 , and November 16 of 2021; and on January 18, March 15, and May 17 of 2022.

Remote & In-Person Meetings
On September 16, 2021, Governor Ga vin Newsom signed into law Assembly Bill (AB) 361 enabling local public agencies to continue to use teleconferencing without complying with certain Brown Act provisions.

At their meeting on October 19, 2021, the City Council adopted a resolution that incorporated the necessary findings required by AB 361 to allow the City to continue to conduct remote meetings. Although the City Council expressed its desire to resume Council meetings in -person, they questioned the ability of the City’s commissioners to meet in-person. The City Council requested staff provide additional information as to whether the City’s commissioners were willing and able to resume in -person meetings.

Staff later reported to the City Council that the majority of commissioners were willing to return to in-person meetings.

At their meeting on November 16, 2021, the City Council adopted a resolution extending the declaration of emergency to January 29, 2022. That resolution did not contain the findings required by AB 361 to allow for rem ote meetings. Since that time all City Council and Board and Commission meetings have been conducted in -person and in conformance with all requirements of the Brown Act.

DISCUSSION
As indicated above, at their meeting on May 17, 2022, the City Council adopted a resolution further extending the declaration of emergency to July 29, 2022.

Pursuant to the Government Code , the City must review the declaration of emergency every 60 days. Due to the ongoing presence of the COVID-19 virus, staff recommends 9 Packet Pg. 35
Extension of Declaration of Local Emergency Page 3 of 3 the City Council further extend the declaration of emergency for another 60 days (until September 29, 2022).

If the City Council extends the declaration of emergency, the business assistance resolutions that are tied to the declaration of emergency will l ikewise be extended for the same duration.

FISCAL IMPACT
The proclamation of a local emergency is a prerequisite for requesting state or federal assistance and/or reimbursement for expenses incurred in response to the emergency.

There is no fiscal impact associated with the extension of the local emergency.

ALTERNATIVES
If the City Council desires to permit remote meetings of its legislative bodies, the Council can adopt the proposed resolution with one of the following findings added to the resolution.

1. The state of emergency continues to directly impact the ability of the members to meet safely in person; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

Prepared by:

Angelique Gaeta, Assistant City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Reso_Extension of Local Emergency
9 Packet Pg. 36
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONTINUING

THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Campbell Municipal Code Section 2.28.060 empowers the City Manager or designee, as the Director of Emergency Services to issue a proclamation to proclaim the existence or threatened existence of a local emergency if the City Council is not in session, and requires that the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect; and WHEREAS, pursuant to California Government Code Section 8680.9, a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or manmade disaster; and WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary police powers, immunity for emergency actions, authorize issuance of orders and regulations, and activate pre-established emergency provisions; and WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on documented conditions stated in prior resolutions including but not limited to the following:

1. On March 11, 2020, the World Health Organization characteriz ed the COVID -19 outbreak as a pandemic.

2. COVID-19 has spread globally and per World Health Organization (WHO) data, as of October 11, 2021, over 237 million people have contracted the virus worldwide, resulting in more than 4.8 million deaths. In the United States, over 43.5 million cases have been confirmed, leading to 703,599 deaths.

WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the City; and
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor’s Proclamation; and WHEREAS, on March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City, at which time the City Council was not in session but was ratified and confirmed by the City Council on March 17, 2020; and
9 Packet Pg. 37
WHEREAS, on March 17, 2020 the first public health order issued by the Santa Clara County Public Health Officer went into effect, requiring the sheltering in place of all residents in the County, and only allowing a defined set of essential activities and businesses . Since that date sixteen additional public health orders have been issued, each updating the type of allowable activities and risk reduction measures, most recently on August 2, 2021; and WHEREAS, as required by Government Code 8630(c) the City Council reviewed the need to continue the local emergency declaration every 60 days until conditions warrant termination. The local emergency declaration has been extended in calendar year 2020, on May 5, July 24, September 15, November 2, and December 15 ; in calendar year 2021, on February 2, April 6, June 1, August 3, September 21, October 19 and November 16; and in calendar year 2022, on January 18, March 29 and May 17.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that:

1. The City Council has reviewed the need for continuing the declaration of local emergency ratified and confirmed on May 17 , 2022, and finds based on substantial evidence that t he public interest and necessity require the reinstatement and continuance of the proclamation of local emergency related to COVID-19.

2. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Campbell.

3. The Director of the Office of Emergency Services is hereby directed to report to the City Council within sixty (60) days on the need for further continuing the local emergency.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
________________________
Paul Resnikoff, Mayor
ATTEST:
__________________________________
Andrea Sanders, Acting Interim City Clerk
9 Packet Pg. 38
City
Council
Report
TITLE: Excess Workers’ Compensation Coverage Contract

RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the City Manager to execute a contract with Midwest Employers' Casualty Company to provide excess worker's compensation liability coverage for Fiscal Year 2022/23 for the estimated annual premium amount of $109,308.

BACKGROUND
The City of Campbell has self -insured its workers compensation co verage and annually purchases various lines of insurance coverage to minimize the adverse effects of accidental losses and claims against the City. Leavitt Group, the City’s excess workers’ compensation insurance broker, has solicited proposals (Attachment B) for excess workers’ compensation insurance coverage to provide the best value available. The renewal includes a Self-Insured Retention (SIR) of $1,000,000 per accident for Police personnel and $1,000,000 for all other employees with the coverage Limit of Liability set at $25,000,000.

Premiums have increased over the last few years with the uncertainty of COVID-19 in the workplace , medical cost s, inflation, presumptive laws applying to first responders , and current market conditions. The average rate increase among municipalities can be anywhere from 10 to 20% and up depending on risk.

DISCUSSION
Leavitt Group and staff considered several brokered insurance quotes to select the most competitive for the City. This yea r, the City received quotes from A rch Insurance Company, Safety National Casualty Co rporation, and Midwest Employers Casualty Company based on the same coverage and retention that was purchased last year.

Based on the information received and the advice of our insurance broker, staff recommends approving coverage provided by Midwest Employers Casualty Company (Midwest). Midwest is the only carrier offering a one -year quote or comparable policy rate. Their proposal is a 9% increase over last year which is below the industry standard increase rate.

Item: 10
Category: CONSENT CALENDAR
Meeting Date: July 5, 2022
10 Packet Pg. 39
Excess Workers’ Compensation Coverage Contract Page 2 of 2

FISCAL IMPACT
The quote provided has a one -year premium of $109,308 with a SIR of $1,000,000 and a $25,000,000 Limit of Liability. This is the equivalent to the existing coverage currently in place . The annual premium shown has been fully pr ogrammed into the current adopted Fiscal Year 2023 Operating Budget (Worker’s Compensation Fund 690) and there are sufficient fund balances to support this expenditure.

Prepared by:

Jenny Le-Christensen, HR Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution - Excess Workers Compensation Insurance
b. Campbell 2022 Quote
10 Packet Pg. 40
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH

MIDWEST EMPLOYERS CASUALTY COMPANY TO PROVIDE EXCESS
WORKER’S COMPENSATION LIABILITY COVERAGE FOR FISCAL YEAR 2022-2023
WHEREAS, the City of Campbell , has operated a self -funded Worker ’s Compensation Program and relies upon Stop -Loss Coverage to cap the cost of individual claims; and
WHEREAS, the City of Campbell requires that self -insured programs purchase this Stop-Loss Coverage; and
WHEREAS, The City ’s Insurance Broker solicited quotes for the Excess Workers’ Compensation I nsurance and rece ived a renewal quote to bind coverage from Midwest Employers Casualty Company for the term of July 1, 2022 to June 30, 2023 for a premium amount of $109,308.00; and WHEREAS, the City’s Insurance Broker recommends binding the C ity’s Excess Worker ’s Compensation I nsurance Coverage with Midwest Employers Casualty Company for a one year term fr om July 1, 2 022, to June 30, 2023 for the quoted amount of $109,308.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does her eby authorize the City Manager to execute a contact with Midwest Empl oyers Casualty Company to provide Excess Workers Compensation Insurance to the City for one year, effective July 1, 2022, th rough June 30, 2023, for a premium of $109,308.00.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
________________________
Paul Resnikoff, Mayor
ATTEST:
_________________________________
Andrea Sanders, Acting Interim City Clerk

10.a
Packet Pg. 41
Attachment: Resolution - Excess Workers Compensation Insurance (Excess Workers’ Compensation Coverage Contract) Loveland Smart Insurance Services, Inc.

Broker No.: 0C20311 Attach to and forming a part our quotations dated: June 20, 2022.

INSURED: City of Campbell
Annual
Employer's Deposit Rate per
Limit of Liability Self-Insured and $100 of
Liability Sub-Limit Retention Minimum Payroll Security
$25,000,000 $1,000,000 $1,000,000 $109,308 0.4291 Midwest Employers Casualty Co. / A.M. Best: A+ XV $98,377
$25,000,000 $1,000,000 $1,000,000 $187,500 Indication Safety National Casualty Co. / A.M. Best: A++ XV $25,000,000 $1,000,000 $1,000,000 All Others $99,653 0.3912 Midwest Employers Casualty Co. / A.M. Best: A+ XV $1,500,000 - 7720 $89,688
Declined - Minimum Policy Premium is $120,000 Arch Insurance Co. / A.M. Best: A+ XV Terms and Conditions
1) The premium is based on an estimated annual remuneration of $25,473,688. 2) State of operations: California
3) Manual premium: $1,234,770.
4) Midwest Employers Casualty Co. quotes are subject to their policy form and the following endorsements:

CMB-11 Amendment to Schedule Item 11, CMB-160 Foreign, CMB-199-CA Policyholder Disclosure Notice of Terrorism Insurance, ISI-254-EXC Aircraft Exclusion, ISI-260 Authorized Volunteers, ISI-261 Voluntary Compensation, ISI-266 Endemic Disease and Repatriation.

ISI-CA (02-21) California Mandatory Endorsement CMB-6-CLS Amendment to Schedule Item 6 (applies to split retention quote) 5) The Safety National Casualty Corp. indication can be firmed if there is interest. The formal quote could increase. 6) If the City of Campbell is interested in Statutory limits, we can request a quote from the carriers.

10.b
Packet Pg. 42
Attachment: Campbell 2022 Quote (Excess Workers’ Compensation Coverage Contract) City
Council
Report
TITLE: Authorization to Submit One Bay Area Grant (OBAG) Applications (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the Public Works Director to submit One Bay Area Grant Program applications for the Fiscal Year 2022/23 Annual Street Maintenance Project to Resurface Hamilton Avenue, the Campbell Priority Development Area Enhancements Project, and the Hamilton Avenue Precise Plan.

BACKGROUND
One Bay Area Grant Cycle 3 (OBAG 3) Call for Projects
In May 2012, the One Bay Area Grant (OBAG) program was created by the Metropolitan Transportation Commission (MTC) to better integrate the region's discretionary Federal H ighway Administration's funding program with the Regional Transportation Plan and Sustainable Communities Strategy, collectively known as Plan Bay Area 2050.

The primary objective of the program is to strategically advance Plan Bay Area 2050 implementation through OBAG investments and policies that improve safety, spur economic development and help the Bay Area meet climate change and air quality improvement goals.

OBAG 3 covers the four -year period from F iscal Year (FY) 2023 to FY 2026. Recent Campbell projects receiving previous OBAG grants include the Campbell Avenue Portals Project, Winchester Boulevard Overlay Project, and the Campbell PDA Enhancements Project (Design Phase only).

On April 25, 2022, the City Council reviewed the Proposed FY 2023 -2027 Capital Improvement Plan (CIP) as presented and provided direction to staff to proceed with finalizing the budget. The discussion included the funding of the construction of the PDA Enhancements Project.

On May 17, 2022, the City Council confirmed consensus for the use of up to $580,000 in American Rescue Plan Act (ARPA) funds to serve as the local match of an OBAG Item: 11
Category: CONSENT CALENDAR
Meeting Date: July 5, 2022
11 Packet Pg. 43
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 2 of 7 Cycle 3 (OBAG 3) grant for the PDA Enhancements Project. The FY 2023 -2027 CIP would reflect this use of ARPA funds.

On June 3, 2022, t he Santa Clara Valley Transportation Authority (VTA) issued a Call for Projects for Cycle 3 of OBAG 3. The OBAG 3 Program funds projects that meet the program’s eligibility requirements for any of four competitive program categories: (1) fix - it-first road preservation, (2) complete streets, (3) safe routes to school, and (4) planning.

On June 7, 2022, the City Council adopted Resolution No. 12842 authorizing the issuance of a Request for Proposals (RFP) for design services for the Campbell Priority Development Area (PDA) Enhancements Project (PDA Enhancements Project) and authorized the City Manager to execute a contract with the selected design consultant for an amount of approximately $500,000.

On June 7, 2022, the City Council adopted Resolution No. 12843 authorizing the use of FY 2022/23 Road Maintenance and Rehabilitation Account (RMRA) Funds for the FY 2022/23 Annual Street Maintenance to resurface Hamilton Avenue (Hamilton Avenue Street Resurfacing Project).

On June 21, 2022, the City Council adopted the FY 2023 -2027 CIP and received a report regarding the proposed use of ARPA funds as a local match for the OBAG grant application for developing a Hamilton Avenue Precise Plan.

DISCUSSION
OBAG 3 is funded by two Federal sources , the Surface Trans portation Block Grant Program (STBGP), and the Congestion Mitigation and Air Quality Improvement (CMAQ).

Staff is proposing to submit OBAG 3 grant applications for three projects as discussed in greater detail below.

1. Hamilton Avenue Street Resurfacing Project (Public Works Department) This project would be eligible for OBAG 3 STBGP funds as a Fix -It First Project.

The Fix -It First Program’s goal is to preserve federally eligible arterials and collectors. The project scope of work would include resurfac ing Hamilton Avenue in its entirety from the western city limits 640 feet west of Phoenix Drive to the eastern city limits at Hurst Avenue. The corridor will be designed to provide Complete Streets elements to the extent feasible within the available right -of-way. For instance, the project will include ADA improvements at corners with non -compliant curb ramps, repairing sidewalks, and extending the bicycle network. 11 Packet Pg. 44
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 3 of 7 Resurfacing work on Hamilton Avenue is scheduled to begin summer of 2024 and would be compl eted in early 2025. The City would be applying for grant funds for the construction phase of this project.

2. PDA Enhancements Project (Public Works Department)
This project would be eligible for OBAG 3 CMAQ funds as a Complete Streets Project. This fund source rewards projects that fund pedestrian, bicycle, and signal systems projects designed to support dense development in Priority Development Areas (PDAs) and the use of alternative transportation modes by installing complete streets elements. The project scope of work would include:
• Harrison Avenue/Civic Center Drive Intersection Reconfiguration • Civic Center Drive Traffic Spot Improvements at Second and Third Streets • Orchard City Drive Pedestrian Improvements East of Central Avenue • Shared Lane Bike Markings (Civic Center Drive, Orchard City Drive, and portions of Campbell Avenue).

The City has funds for the design phase of this project. The design phase is scheduled to be completed in October 2023. The City would be applying for grant funds for the construction phase of this project. The construction phase would occur as early as the Spring of 2024.

3. Hamilton Avenue Precise Plan Project (Community Development Dept.) The Draft Envision Campbell General Plan update identified the creation of a Specific Plan along the Hamilton Avenue corridor, east and west of the Highway 17 interchange (see Figure 1) with the objective of identifying new transportation improvements that would support future development in this area. As part of the draft Housing Element , (“Campbell’s Plan for Housing”) multiple properties in this area have been identified as potential housing opportunity sites , with studied “Transit-Oriented Mi xed Use” land use designations that would support up to 75 units per acre. One identified challenge associated with this planned housing will be providing safe pedestrian access for the housing sites west of Highway 17 (up to 1,500 units total) to the VTA Hamilton Light Rail Station on the east side of the Highway 17.

Recognizing the need to plan for redevelopment of the area and provide enhanced safety and infrastructure enhancements, the City would seek grant funding to develop a Hamilton Avenue Precise Plan (Staff is proposing to use a “Precise Plan” instead of a “Specific Plan” as it allows more flexibility in how the city can develop and implement the plan).

This project would be eligible for OBAG 3 STBGP funds under the “Growth Framework Implementation Program” which is described in detail below:
11 Packet Pg. 45
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 4 of 7 The Growth Framework Implementation program is intended to support and assist local efforts to create a range of housing options that align with the Plan Bay Area 2050 growth geographies, with a focus on c ompleting approved plans for all existing PDAs by 2025. Funding for this program is intended to provide capacity-enhancing support for local jurisdictions through the PDA Planning and Technical Assistance Grant program and Regional Housing Technical Assistance Program. These funds also support implementation of MTC’s Transit Oriented Communities Policy, or its successor, to ensure land use supports future transit investments. In addition, the program may fund regional land use studies, programs, and pilot projects identified in the Plan Bay Area 2050 Implementation Plan (e.g., redevelopment of malls and office parks, reuse of public and community-owned land, or a Priority Production Area (PPA) pilot program).

Recognizing the program objectives, the project would include the following key deliverables in its scope of work:
• Redevelopment of commercial properties identified as housing opportunity sites in Campbell’s Plan for Housing (2023 -2031 Housing Element Update) (e.g., former Fry’s Electronics and Elepha nt Bar) under a ‘Transit -Oriented Mixed-Use’ land use designation which will support a range of housing options.
• Preliminary design and cost -estimation of connectivity and infrastructure enhancements, such as a pedestrian bridge, to provide safer east -west connectivity across Highway 17 to Hamilton Light Rail Station for bicycles and pedestrians.
• Identification of urban design enhancements in association with new development, recognizing the Hamilton / Highway 17 interchange as a key gateway to the City.
• Nexus study and establishment of development impact fees for projects within the plan area to support the construction of planned connectivity enhancements and design improvements.
• Environmental Impact Report (EIR) evaluating future development and improvements in the Precise Plan area.

Figure 1: Draft Boundary of Hamilton Avenue Precise Plan Area 11 Packet Pg. 46
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 5 of 7 • Development of the Precise Plan will complement MTC’s Transit Oriented Communities Policy and promote transit ridership.
• Establishment of plan ning boundaries that overlap with a local Priority Development Area (PDA) and Transit -Rich Areas identified by the Plan Bay Area 2050 Growth Geographies map.

To support the City’s application, City staff has reached out to staff in the following agencies to solicit letters of support - Valley Transit Authority (VTA), CatalyzeSV, Santa Clara County Office of Supportive H ousing, Santa Clara County Housing Authority, San Francisco Bay Area Planning and Urban Research Association ( SPUR), and the Campbell Chamber of Commerce.

OBAG Grant Program Schedule
The OBAG Program schedule is as follows.

OBAG Applications Due July 25, 2022
VTA Committees/Working Groups Review Projects August/September 2022 VTA Draft Project List to MTC September 30, 2022
VTA Board Approval of Project List October 6, 2022
The OBAG funds would become available by the Fall 2023 at the earliest.

FISCAL IMPACT
The OBAG 3 program requires a minimum local match of 11.47 percent. Based on the program’s scoring system, projects will score a maximum number of points for project funding if the local match is greater than or equal to 20 percent. Sinc e the OBAG 3 grant application process will be highly competitive, staff recommends a minimum local match of 20 percent to improve the chances of grant awards.

Table 1 provides an estimate of the recommended local match for each project.

Table 1
Project Cost and Funding Summary
Project Name
Estimated
Project Cost
Estimated
Grant
Request
Estimated
Local Match
(Percentage)
Hamilton Avenue Street Resurfacing
Project
$12,000,000 $4,000,000 $8,000,000
(67%)
Campbell PDA Enhancements Project
(Construction Phase only)
$2,900,000 $2,320,000 $580,000
(20%)
Hamilton Avenue Precise Plan Project $500,000 $400,000 $100,000 (20%)

1. Hamilton Avenue Street Resurfacing Project (Public Works Department) 11 Packet Pg. 47
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 6 of 7 No action is necessary to provide the local match for this p roject. The combination of funds already appropriated to this project through the cumulative three years of annual street maintenance allocation (e.g., VTA vehicle registration fees, 2016 VTA Measure B funds, vehicle impact fees, the City’s Campbell Impro vement Program Reserve (CIPR) funds, and FY 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds) will serve as the local match.

2. Campbell PDA Enhancements Project (Public Works Department) As mentioned earlier, on May 17, 2022, the City Cou ncil confirmed consensus for the use of up to $580,000 in American Rescue Plan Act (ARPA) funds to serve as a 20 percent local match for the construction phase of the PDA Enhancements Project.

Since City Council approve d the FY 2023 -2027 CIP with this use of ARPA funds, no further action is required to provide the 20 percent local match . If the grant application is approved, the project is estimated to begin in FY 2024 and be included within the CIP.

3. Hamilton Avenue Precise Plan Project (Planning Division) The cost of preparing a Hamilton Avenue Precise Plan is anticipated to cost $500,000.

To be as competitive as possible, the City Council would need to commit 20% of this amount, or $100,000, which would be sourced from ARPA which was raised for discussion on June 21, 2022 as part of the FY 2023 Operating Budget and 2023 -2027 CIP. Council subsequently agreed with staff’s request. However, if the grant application is approved, the match will be included as part of the Proposed FY 2024 Operating Budget discussions and the appropriation will need to be officially approved at that time.

ALTERNATIVES

1. Do not submit OBAG 3 grant applications for the identified projects. This alternative is not recommended since none of the identified projects ha ve sufficient funds. If successful, the City would pay only the local match for each project. In return, the City would be able to close the funding gaps for the projects.

2. Submit OBAG 3 grant applications providing only the minimum 11.47 percent local match. This al ternative is not recommended since the OBAG 3 grant process is highly competitive and projects which do not score highly in local match are unlikely to be awarded grants.

Prepared by:

Matthew Jue, Traffic Engineer
11 Packet Pg. 48
Authorization to Submit One Bay Area Grant (OBAG) Applications Page 7 of 7 Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
11 Packet Pg. 49
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT

ONE BAY AREA GRANT (OBAG) PROGRAM APPLICATIONS
WHEREAS, the Santa Clara Valley Transportation Authority (VTA) has issued a call for projects for the One Bay Area Grant Cycle 3 (OBAG 3) program; and WHEREAS, the One Bay Area Grant (OBAG) program funded by the Surface Transportation Block Grant Program (STBGP), and Congestion Mitigation and Air Quality Improvement (CMAQ); and
WHEREAS, the OBAG program requires a minimum 11.47 percent local match; and
WHEREAS, staff recommends the Fiscal Year (FY) 2022/23 Annual Street Maintenance Project to Resurface Hamilton Avenue ( CIP No. 23 -BB, Hamilton Avenue Street Resurfacing Project) to be submitted as a Fix-It-First Project to compete for STBGP funds for the construction phase of this project; and
WHEREAS, staff recommends the Campbell Priority Development Area (PDA) Enhancements Project (CIP No. 22-NN) to be submitted as a Complete Streets Project to compete for CMAQ funds for the construction phase of this project; and WHEREAS, staff recommends the Hamilton Avenue Precise Plan Project to be submitted as a Growth Framework Implementation Program Project to compete for STBGP funds; and
WHEREAS, no action is necessary at this time to provide a local match for the Hamilton Avenue Street R esurfacing Project since the local funds already appropriated to this project will serve as the 20% local match; and
WHEREAS, on May 17, 2022, the City Council confirmed consensus for the use of up to $580,000 in American Rescue Plan Act (ARPA) funds to serve as a 20% local match for the construction phase of the PDA Enhancements Project; and WHEREAS, should the City Council approve the FY 2023-2027 CIP with this use of ARPA funds, no further action would be required to provide the 20% local match; and WHEREAS, staff recommends a minimum 20% local match in ARPA funds for both the PDA Enhancements Project and the Hamilton Avenue Precise Plan Project since the OBAG 3 grant application process will be highly competitive.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit an OBAG 3 grant application for the Hamilton Avenue Street Resurfacing Project to compete for OBAG 3 STBGP funds; and

11.a
Packet Pg. 50
Attachment: Resolution (Authorization to Submit One Bay Area Grant (OBAG) Applications) BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to submit an OBAG 3 grant application for the Campbell PDA Enhancements Project to compete for OBAG 3 CMAQ funds; and
BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to submit an OBAG 3 grant application for the Hamilton Avenue Precise Plan project to compete for STBGP funds; and
BE IT FURTHER RESOLVED that the City of Campbell will provide $580,000 in ARPA funds to serve as a 20 percent local match for the construction phase of the PDA Enhancements Project should OBAG 3 funds be awarded to the City of Campbell; and BE IT FURTHER RESOLVED that the City of Campbell will provide $100,000 in ARPA funds to serve as a 20 percent local match for the Hamilton Avenue Precise Plan Project should OBAG 3 funds be awarded to the City of Campbell.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:
______________________________
Paul Resnikoff, Mayor
ATTEST:
_________________________________
Andrea Sanders, Acting Interim City Clerk

11.a
Packet Pg. 51
Attachment: Resolution (Authorization to Submit One Bay Area Grant (OBAG) Applications) City
Council
Report
TITLE: Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution overruling protests, if any, approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments.

DISCUSSION
At the June 7, 2022 City Council meeting, Council granted preliminary approval of the Engineer's Report for the City of Campbell Lighting and Landscaping District LLA -1 for Fiscal Year 2022-23 and declared its intention to levy and collect assessments within the Assessment District. The Engineer's Report is on file with the City Clerk and includes a diagram showing all parcels and the boundaries of the Assessment District, and all related assessments. The Public Hearing provides an opportunity for interested persons to be heard prior to Council's consideration of the LLA -1 Engineer's Report, the ordering of the improvements, and the confirming of the diagram and assessments for Fiscal Year 2022-23.

Noticing for the Public Hearing included publishing the City’s Resolution of Intention twice in The Metro, on June 15, 2022 and June 22, 2022.

FISCAL IMPACT
Projected LLA-1 revenues for Fiscal Year 2022-23 are approximately $1,210,000.

ALTERNATIVES

1. Continue the Public Hearing to the August 2, 2022 City Council meeting.

2. Direct staff to revise the Engineer's Report with alternative assessment levels.

Prepared by:

Item: 12
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: July 5, 2022
12 Packet Pg. 52
Roger Storz, Senior Civil Engineer
Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments Page 2 of 2 Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution LLA FY22-23
12 Packet Pg. 53

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ENGINEER’S REPORT, ORDERING THE IMPROVEMENTS, AND

CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR THE CITY OF CAMPBELL LIGHTING DISTRICT LLA-1 FOR FISCAL YEAR 2022-23
WHEREAS, on the 5th day of April 2022, said Council adopted its Resolution No. 12813 describing improvements and directing preparation of the Engineer's Report for Fiscal Year (FY) 2022/23 for the City of Campbell Lighting District LLA-1 pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the City Clerk a written report called for under said Act and by said Resolution; and
WHEREAS, said report was duly made an d filed with the City Clerk, whe reupon said Clerk presented it to this Council on June 7, 2022 for its consideration; and WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all matters c alled for by the provisions of said Act and Resolution No. 12840, including (1) plans and specifications of the existing and proposed improvements, if any; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area of the Assessment Dis trict; and (4) assessments calculated according to benefits; all of which were prepared in the form and manner required by said Act; and
WHEREAS, said Council found that said report, and each and every part thereof, was sufficient and determined that it s hould stand as the report for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, adopted Resolution No. 12841 and appointed July 5, 2022, at 7:30 p.m. at the regular meeting of said Council, City Hall, 70 North First Street, Campbell, California, as the time and place for hearing comments or protests in relation to the levy and collection of the proposed assessments pursuant to said Act, and to said proposed improvements, if any, including the opera tion and maintenance thereof, a nd directing the City Clerk to give notice of the public hearing as required by said Act; and WHEREAS, notices of said Public Hearing were duly published in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with the City Clerk, whereupon said hearing was duly held at the time and place stated in said notice; and
WHEREAS, on July 5, 2022, the Public Hearing was opened; and WHEREAS, persons objecting to said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk before the conclusion of sa id Public Hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters

12.a
Packet Pg. 54
Attachment: Resolution LLA FY22-23 (Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments) pertaining to the levy and collection of the assessments for said improvements, including the operation and maintenance thereof, were fully heard and considered by said Council.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows:

1. That protests, if any, against said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estim ate of costs thereof, for F iscal Year 2022/23 be, and each of them are hereby overruled.

2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of asses sments pursuant to said Act for the installation of improvements, including the operation and maintenance thereof, more particularly described in said Engineer's Report which is made a part hereof by reference.

3. That the City of Campb ell Lighting District LLA -1 and th e boundaries thereof benefited and to be assessed for said costs for the installation of the improvements, including the operation and maintenance thereof, are situated in the City of Campbell, California, and are more particularly described by reference t o a map thereof on file in the Office of the City Clerk. Said map indicates by a boundary line the extent of the territory included in said District.

4. That the plans and specifications for the existing improvements and proposed improvements, if any, to be installed within the Assessment District contained in said report be, and they are hereby, adopted and approved.

5. That the Engineer's estimate of the total costs of said improvements, including the operation and maintenance thereof, a nd of the incid ental expenses in connection therewith, contained in said report be, and is hereby, adopted and approved.

6. That the public interest and convenience require, and said Council does hereby order the improvements, if any, to be installed as d escribed in, and in accordance with, said Engineer's Report.

7. That the diagram showing the boundaries of the Assessment District referred to and d escribed in said Resolution No . 12840, and the lines and dimensions of e ach parcel of land within said Dist rict as such pa rcel is shown on the County Assessor's maps for the fiscal year to which it applies, each of which parcel has been given a separate number upon said diagram as contained in said report be, and is hereby, approved and confirmed.

8. That the assessment of t he total costs of said improvements upon the parcels of land in said District in proportion to the estimated benefits to be received by such parcels from said improvements, and the operation and maintenance thereof, and of the expenses incid ental thereto c ontained in said report be, and the same is hereby, approved and confirmed.

12.a
Packet Pg. 55
Attachment: Resolution LLA FY22-23 (Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments)

9. That said Engineer's Report for FY 2022/23 be, and the same is hereby, adopted and approved.

10. That the City Clerk shall fo rthwith file with the Auditor of Sa nta Clara County said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certification of such confirmation thereto attached and of the date thereof.

11. That the order for levy and collection of a ssessments for the improvements and the adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs, diagram, and assessments, as contained in said Report, as hereinafter determined a nd ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council.

I hereby c ertify that the foregoing is a full, true and correct copy of the Resolution duly passed and adopted by the City Council of the City of Campbell, California, at a meeting thereof held on the ______ day of _____________, 2022, by the followin g roll call vot e of the members thereof:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
________________________________
ATTEST: Paul Resnikoff, Mayor
_________________________________
Andrea Sanders, Acting Interim City Clerk

12.a
Packet Pg. 56
Attachment: Resolution LLA FY22-23 (Lighting and Landscaping District, Fiscal Year 2022/23 - Confirming Assessments) City
Council
Report
TITLE: Public Hearing and Introduction of Ordinance to Consider a City - Initiated Text Amendment to the Campbell Municipal Code to Add Chapter 11.15 (Parklets in the Public Right -Of-Way); Adoption of a Resolution Approving an Associated Semi -Permanent Parklet Program Guide; Adoption of a Resolution Approving an Amendment to the City’s Master Fee Schedule to Add Fees and Deposits Related to Parklets in the Public Right -Of-Way and Authorization of a One - Time Construction Grant to Program Applicants and Approval of Associated Budget Adjustments for Fiscal Year 2023; and Adopt a Resolution Approving an Extension of the Current Temporary Parklet Program (File No. PLN -2022-39) (Ordinance/Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council introduce an Ordinance adding Chapter 11.15 (Parklets in the Public Right-of-Way) to the Campbell Municipal Code; adopt a Resolution approving t he adoption of a Semi-Permanent Parklet Program Guide; adopt a Resolution approving an amendment to the City’s Master Fee Schedule adding fees and deposits related to parklets in the public right -of-way, providing for a one -time Construction Grant to program applicants and approving associated budget adjustments for Fiscal Year 2023; and adopt a Resolution extending the Temporary Parklet Program to January 9, 2023.

ENVIRONMENTAL DETERMINATION
Establishing permit procedures for parklets in the public right -of-way and associated actions outlined above constitute a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines. However, such an action may be deemed exempt from environmental review if the City finds that: 1) the project is exempt pursuant to a categorical exemption; and 2) the application of that categorical exemption is not barred by one of the exceptions set forth in Sec. 15300.2 (Sec. 15061(b)(2)).

In review of the CEQA Guidelines, the project may be found categorically exempt under Section 15301 (Existing Facilities) given that it would result in only minor alterations of existing public or private facilities (e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of exis ting uses (parklets expand on outdoor dining activities currently allowed in the City). The project may also be found categorically Item: 13
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: July 5, 2022
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City Council Report - Downtown Parklet Program Page 2 of 8 exempt under Section 15311 (Accessory Structures) given that it would only allow for the construction or placement of minor structures accessory to existing commercial facilities (parklets would only be allowed in association with a “bona fide public eating place”).

Further, as none of the exceptions set forth in Sec tion 15300.2 apply (such as location of the project in a par ticularly sensitive environment) staff has recommended the Council find the project categorically exempt under CEQA.

BACKGROUND
In response to COVID -19, the City coordinated with downtown business owners to develop a temporary parklet program to allow for outdoor dining and business operations to lessen the economic and operational impacts of the pandemic . Since its adoption on September 1, 2020, the temporary parklet program has been extended four times ( currently scheduled to expire October 31, 2022) and has been utilized by 14 businesses occupying 29 parking spaces on Campbell Avenue and Central Avenue 1.

On January 18, 2022, the City Council provided direction to create a more permanent parklet program in the downtown which would allow for a transition f rom the existing temporary parklets into permanent parklets incorporating a uniform design aesthetic and eliminating the concrete “k-rails” which the City currently pays to rent . On February 15, 2022, Council adopted Resolution No. 12806 extending the tem porary parklet program until October 31, 2022, to allow time for development and consideration of a permanent parklet program. On April 19, 2022, Council provided additional policy direction and feedback regarding the key parameters of a semi -permanent parklet program, including the total number of parklets that will be allowed, provision of a financial subsidy to restaurant owners constructing parklets, and conducting additional outreach with key stakeholders. Following the April 19, 2022, Council meeting, staff conducted additional public outreach and research concerning the semi -permanent parklet program as follows:
• May 27, 2022 – Staff released an online questionnaire to downtown restaurant owners to poll their interest in pursuing the semi -permanent parklet program based on current fee and cost estimates. Of the 14 respondents to date, 10 are likely to pursue parklets with 13 respondents requesting two parking spaces.
• June 6, 2022 – Staff conducted a second stakeholder outreach meeting with the resta urant owners in the Downtown area to discuss the questionnaire responses, the proposed parklet program and obtain feedback on the parameters of the program and the interest in pursuing semi -permanent parklets. Restaurant owners requested clear, consistent communication regrading parklet standards, low -cost constr uction options and financial assistance with parklet construction.
1 One business operates a parklet (five parking spaces) in the public parking lot at 201 Orchard City Drive.
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City Council Report - Downtown Parklet Program Page 3 of 8 • June 8, 2022 – Staff met with Town of Los Gatos staff to understand challenges, successes and lessons learned from the Los Gatos S emi- Permanent Parklet Program. Feedback from their staff on key components of the program have been incorporated into the discussion below.

DISCUSSION
Guiding Principles
Based on feedback from the Town of Los Gatos, research into other parklet programs managed by other cities, and feedback from the parklet stakeholders, staff has identified the following three guiding principles as keys to implementing a successful parklet program:

1. Simplify the permit process and parklet design standards used The most successful programs used standardized design templates, permit fees and review procedures.

2. Minimize the number of design professionals and contractors working on parklet program and construction
Los Gatos staff specifically cited challenges concerning the permitting of multiple parklets represented by multiple contractors.

3. Attention to detail in final customization of each parklet template to each parking space
While the parklet design options will provide design specifications, each parklet location may require site customization due to location features like surface slope, curb cuts, bulb outs and proximity to utilities and storm drains.

Program Parameters
Staff has summarized the key parameters of the proposed Semi-Permanent Parklet Program based on prior Council feedback or as recommended by staff.

A. Parklet Size Limitations: Lesser of two parking spaces or storefront width Consistent with Council direction, the Parklet Program Guide limits parklets to two parallel on -street parking stalls or st orefront width whichever is smaller.

Based on meetings held to date, the business community is also supportive of the two-parking stall or storefront width limit.

B. Maximum Number of Parklets: 32 stalls
To maintain equitable use of parking spaces, the to tal amount of parking stalls allowed for use as parklets will be limited to 32 stalls. This amounts to 3 percent of the on -street parking stalls in the downtown area including the loop streets.

The maximum amount was increased from 30 stalls because the on e remaining 13 Packet Pg. 59
City Council Report - Downtown Parklet Program Page 4 of 8 business operating a temporary parklet within a City parking lot intends to pursue a permanent parklet in on -street parking stalls. Based on this, parklets will only be allowed in on-street spaces (not in City parking lots).

C. Selection Criteria: Priority Ranking & Waitlisting
While the program is anticipated to have more than enough capacity to accommodate the initial wave of interest (existing parklet holders + interested parties) the guide provides selection criteria to be used in the ev ent the City receives more Parklet Permit Applications than the program would otherwise allow by the application deadline. These criteria are outlined as follows:

1. Applicant eligibility

2. Application completeness

3. Project compliance with design standards

4. Operation of current business in good standing with the City without any existing violations

5. Consideration will be given for applicants who are temporary parklet operators
For applicants not initially selected to receive a parklet, a wait list will be created.

Wait-listed applications will be considered as parklet space becomes available in the future. Specifically, staff suggests that Council review the program one year after the semi-permanent parklets become effective and evaluate if the pro gram should be expanded or modified.

D. Refundable Security Deposit: $3,000
While the exact cost to remove parklets installed in the public right -of-way will depend on the approved size and design selected, staff recommends a $3,000 refundable security deposit. The security deposit will be established by the City’s Master Fee Schedule and adjusted every 3 -years based on inflation and other relevant factors.

E. Application Fees and Program Subsidy : $4,032 ($1,032 fee reduction + $3,000 grant)
In prior meeting s, the City Council expressed interest in assisting restaurants with the soft and/or hard costs of developing the parklets and considered several options, such as the reduction in permit fees and annual inspection/maintenance fees or the provision of funds directly to the restaurants to support construction costs. Based on prior Council direction and feedback from stakeholder outreach, staff recommends the City incorporate the following approach to reduce the cost burden on program participants:
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City Council Report - Downtown Parklet Program Page 5 of 8

1. Reduced P ermit Application Fee - $1,500: While the cost to review and process a Parklet Permit has been estimated to be $2,532, the City would establish a flat application fee of $1,500 ($1,032 subsidy).

While staff considered waiving the permit fee or covering t he cost of the security deposit to reduce the applicant’s cost burden, these approaches are not recommended as staff believes the maintenance of a permit fee ensures that program applicants are committed to following through with a permit application and w ill have ownership of the security deposit related to the parklet’s removal.

Separately, the applicants will pay a $602 annual compliance verification fee which will be used to facilitate a review of the parklets and conformation of ongoing compliance with the requirements of Chapter

11.15, including any conditions of approval.

2. One-Time Construction Grant - $3,000: Recognizing the upfront cost to build parklets in compliance with the City’s standards, staff has proposed establishing a one -time constru ction grant to program applicants of $3,000. This construction grant would be valid for one -year following the adoption of the Chapter 11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code and would be paid at the time of permit issuance from funds received in response to the American Rescue Plan Act (ARPA).

In addition to providing for a reduced application fee and construction grant, the City would also cover the cost of establishing three template designs at a cost not to exceed $30,000.

By comparison, Los Gatos has allocated $1.9 million in ARPA funds to cover application fees, staff time, design costs, construction material grants of $40,000 or 75% per parklet (whichever is less). Applicants pay a reduced fee of $3,900 per park let to cover engineering costs. All other costs related to parklets is covered by the applicant. Based on observations from Los Gatos staff, that contractors may have inflated construction costs, staff has not recommended providing construction grant funding based on a percentage of cost.

F. Parklet Removal: 180-days; automatic extension with active permit under review Parklets which are no longer in use must be removed within 180 -days following such abandonment. The 180-day term was determined to balance s uch interests against the investment in the parklet while also providing a reasonable amount of time for a property owner to identify a new tenant to assume operations. While the program states a maximum of 180 -days will be provided, the program does provide an opportunity for an extension when a permit to establish a new operator of the parklet is under active review by the City. 13 Packet Pg. 61
City Council Report - Downtown Parklet Program Page 6 of 8 G. Uniform Parklet Design: Sidell Pakravan Architects
Following the completion of a procurement process, staff selected Sidell Pakravan Architects , which has experience preparing parklet designs for the Cities of Berkeley and Walnut Creek, to prepare three template parklet design options for the Downtown as follows:

1. An open-air parklet design

2. A parklet with an overhead shade covering

3. A parklet with a fixed roof
An update on consultant contract status will be provided at the July 5 meeting.

Parklet design options will be included in the Semi -Permanent Parklet Prog ram Guide following approval of designs prepared by the City’s design consultant.

Staff intends to return to Council in August or September 2022 to present and receive approval for the final design options . Sidell Pakravan has also identified that they can work with staff on site customization for each parklet. If necessary, a fee may be required by applicants for a final review.

H. Construction Streamlining: Contractor Bench
The Town of Los Gatos provided feedback citing significant challenges processing p ermits for multiple parklets with multiple contractors. In addition, during stakeholder meetings, restaurant owners suggested the City hire one contractor to build all the parklets to minimize construction costs and ensure uniformity in construction materials.

Based on this feedback, the program would provide that the City have an approval process for any contractors wishing to work on the parklets, based on objective criteria. In addition, staff will work with the parklet applicants as a group to encour age they collectively hire one to two contractors. This approach is anticipated to reduce costs (bulk pricing to build) for the applicants and will streamline the permitting process.

I. Transition Period
If Council were to adopt the Ordinance and Resolution s, the program launch could occur in September 2022 with the application period lasting from September to December (three months) . In February 2022, Council adopted a resolution extending the current temporary parklet program until October 31, 2022. As the semi-permanent parklet application period will extend past this date, staff recommends the Council adopt a resolution extending the temporary parklet program from October 31, 2022 to January 9, 2023.
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City Council Report - Downtown Parklet Program Page 7 of 8 Any temporary parklet operators who do not apply for P arklet Permits by the application deadline must vacate their temporary parklets by January 9, 2023.

Temporary parklet operators who apply by the application deadline may continue to operate their temporary parklets until construction of their new parklets begins, anticipated to occur between January and March 2023, all k -rails would be removed by March 2023.

SCHEDULE
The following table serves to outline key milestones in the parklet program leading up to a one-year check in on the program performance with the Council next year.

Task / Description Estimated Date / Time Period
2022
1st Reading of Ordinance, Res. Adoption July 5
2nd Reading of Ordinance August 2
Approval of Parklet Designs
City Council Meeting August - September
Program Start September
Permit Application Period September to December
Temporary Parklet Program Extension January 9, 2023 (proposed) 2023
Semi-Permanent Parklet Construction January to March

FISCAL IMPACT
Committed Funds:

City Council previously authorized $30,000 in General Fund support in Fiscal Year 2022 for consultant services to prepare parklet design and build options for a semi-permanent parklet program. Additionally, the Adopted F iscal Year 2023 Budget includes up to $36,000 in ARPA funding to support k-rental and removal costs for the entire fiscal year.

Additional Funding Requested:

Staff is seeking authorization to establish a one -time $3,000 Construction Grant to program applicants for a calendar year following adoption of the effectuating Ordinan ce, which would cost up to an additional $48,000 and be support ed by ARPA funding in Fiscal Year 2023 and require a budget adjustment (Attachment E). This would be offset by anticipated parklet application fee revenue of $24,000 and annual parklet compliance verification fee revenue of $9,632 in Fiscal Year 2023 (Attachment E).

Subsidized Permit Fees:

As previously noted, the City would establish a flat rate fee of $1,500 per permit where the cost to review a parklet permit has been estimated to be $2,53 2, resulting in a loss of $16,512 in permit fees that would otherwise be collected. A budget adjustment is not 13 Packet Pg. 63
City Council Report - Downtown Parklet Program Page 8 of 8 needed for this subsidy since the anticipated fee revenue was not incorporated in the Fiscal Year 2023 Budget.

ALTERNATIVES

1. Do not adopt the ord inance and associated resolutions and request staff make modifications to the program as identified.

2. Modify the program as presented. Modifications may include changes to the type and amount of subsidy provided to parklet applicants, or other modificati ons to the program components.

3. Provide other direction to staff.

Prepared by:

Michael Thomas, Economic Development
Specialist
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Ordinance - Parklets in the Public Right-of-Way
b. Resolution - Semi-Permanent Parklet Program Guide
c. Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution d. Resolution - Parklet Fees, Deposit, and Construction Grant e. Resolution - Extending Temporary Parklet Program
f. Budget Adjustment Form
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING CHAPTER 11.15 (PARKLETS IN THE PUBLIC RIGHT -OF-WAY) TO THE CAMPBELL MUNICIPAL CODE (FILE NO. PLN-2022-39)
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

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

SECTION 1. The legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

SECTION 2. The City Council finds and determines that nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statue of the State of California.

SECTION 3. The City Council finds and determines that the adoption of an Ordinance adding Chapter 11.15 (Parklets in the Public Right -of-Way) would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

SECTION 4. The City Council finds and determines that the adoption of an Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. However, such an action ma y be exempted from environmental review if the City finds that: 1) the project is exempt pursuant to a categorical exemption; and 2) the application of that categorical exemption is not barred by one of the exceptions set forth in Sec. 15300.2 (Sec. 15061(b)(2)).

SECTION 5. The City Council finds and determines that i n review of the CEQA statute, the project may be found categorically exempt under Section 15301 (Existing Facilities) given that it would result in only minor alterations of existing public o r private facilities (e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of existing uses (parklets expand on outdoor dining activities already allowed in the City). The project may also be found categorically exempt under Section 15311 (Accessory Structures) given that it would only allow for the construction or placement of minor structures accessory to existing commercial facilities (parklets would only be allowed in association with a “bona fide public eating place”). Further, as none of the exceptions set forth in Sec. 15300.2 apply (i.e., not in a particularly sensitive environment, the cumulative impact of the project is not significant, there is no reasonable possibility that the project will have a significant impact due to usual circumstances, impact scenic highways, the project would not impact a hazardous waste site, does not result in a substantial adverse change in the significance of a historic resource) the City Council finds and determines that project m ay be found categorically exempt under CEQA.

SECTION 6. Chapter 11.15 (Parklets in the Public Right -of-Way) is hereby added to the Campbell Municipal Code as set forth in Exhibit A.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program) SECTION 7. This Ordinance shall become effective on September 12, 2022, following its passage and adoption , a summary thereof shall be published one time within five (5) days pior to which ordinance is to be adopted, and one time within fifteen (15) days after passage and adoption in the Metro Silicon Valley , 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:
__________________________________
Andrea Sanders, Acting Interim City Clerk

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program) Exhibit A

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Chapter 11.15 PARKLETS IN THE PUBLIC RIGHT-OF-WAY

11.15.010 Purpose and intent.

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets in the City of Campbell's public right -of-way. This chapter seeks to protect and promote public safety, and community welfare, and preserve the City's character and aes thetic quality.

11.15.020 Definitions.

The following definition(s) only apply to this chapter and shall not be construed to define the same terms found in any other section of this code. As used in this chapter, the following terms shall have the meaning set forth below:
"Parklet" means an outdoor dining area provided by a “bona fide public eating place” as defined by Section 23038 of the California Business and Professions Code for its customers that is furnished with tables, chairs, umbrellas, and other items necessary for the consumption of food and beverages served by the restaurant or café, either with or without waiter service, by repurposing public parking space(s) within the public right -of-way. “Semi-Permanent Parklet Program” means the uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets, as adopted by Resolution of the City Council.

11.15.030 Applicability.
(a) This chapter applies to:
(1) All applications to construct, install, operate, modify, reconstruct, relocate, remove, or otherwise provide for parklets within the public ri ght-of-way, except as provided otherwise in this chapter below.
(2) All parklets, including, without limitation, all new parklets, existing parklets, and modifications to existing parklets proposed after the effective date of this chapter.

11.15.040 Permit requirements.
(a) Permit Required. Any applicant seeking to construct, install, modify, maintain, or engage in an activity relating to a parklet in, on, under, or above the public right-of-way that is subject to this chapter, shall obtain a Parklet Permit pursuant to the requirements of this chapter prior to conducting any work related to such parklet.
(b) Permit Application Form. The applicant shall submit a complete, duly executed Parklet Permit application in a form approved by the Public Works Department, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the Semi-Permanent Parklet Program. Applicant must pay a Permit application processing fee , as set by the city's fee schedule, at the time the application is submitted. (c) Applicant. The applicant of any parklet shall be the property owner of the “bona fide public eating place” in which the parklet serves. The owner and/or operator of the “bona fide public eating place” shall not be permitted to apply on the behalf of the property owner.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program)

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11.15.050 Minimum approval requirements.

All parklets in the public right-of-way shall:
(a) Comply with all applicable State and Federal laws including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and all applicable hea lth and safety requirements, and as these rules may be amended or superseded;
(b) Be designed, modified, or maintained to minimize impacts on the surrounding community, including but not limited to visual and noise impacts, impediments to access, and other impacts that would create a public nuisance;
(c) Be planned, designed, located, and erected in accordance with the Semi-Permanent Parklet Program; and (d) Comply with all applicable local and state building codes, including building code structural requ irements and all applicable rules and laws, including the Semi-Permanent Parklet Program.

11.15.060 Review process.
(a) The city shall not approve any request for a Parklet Permit except upon a complete and duly filed application on the then-current form prepared by the city. The application shall comply with this chapter and any other written rules and policies the city may adopt consistent with this chapter, including but not limited to, the Semi-Permanent Parklet Program.
(b) The City Engineer, Community Development Director, and Building Official or duly appointed designee(s) of the City Engineer, Community Development Director, and Building Official shall review all applications for the Parklet Permit. The review process shall ensure compliance with the Semi-Permanent Parklet Program, and all other applicable laws except that no other permit, or modification of any othe r permit, shall be required prior to the approval of a Parklet Permit.

11.15.070 Approvals and denials; notices.
(a) Decision. The City Engineer shall approve, conditionally approve, or deny a complete application for a Parklet Permit.
(b) Required Findings. The City Engineer may approve or conditionally approve an application for a Parklet Permit when the City Engineer finds:
(1) The proposed project meets the definition for a "parklet" as defined by this Chapter; (2) The proposed parklet complies with all applicable requirements of this chapter; (3) The application is deemed complete by the City Engineer; (4) The proposed project complies with the Semi-Permanent Parklet Program as determined by the City Engineer;
(5) The applicant has demonstrated that the proposed project will be in compliance with all applicable health and safety regulations, which include without limitation the Americans with Disabilities; (6) The proposed parklet will not incommode the public use of the public right -of-way; (7) The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way; and
(8) The proposed parklet is in compliance with all federal and state standards and laws. (c) Conditional Approvals; Denials without Prejudice. Nothing in this chapter is intended to limit the ability of the City Engineer to conditionally approve or deny without prejudice any application for a Parklet Permit as may be necessary or appropriate to ensure compliance with this chapter.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program)

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(d) Decision Notices. The City Engineer shall notify the applicant of the decision rendered on the Parklet Permit electronically through the City’s online permitting system, by email, or by first class mail. The decision notice shall include a stamped copy of the approved parklet plan as well as any associated conditions of approval. (e) No Possessory Interest. No possessory interest in the city’s right-of-way is created by a Parklet Permit.

11.15.080 Conditions of approval.

The following conditions of approval shall apply to all Parklet Permits approved under this Chapter in addition to any additional conditions of approved imposed by the City Engineer:
(a) Fees. The applicant for a Parklet Permit shall be subject to all applicable fees and charges for the issuance and operation of a Parklet Permit, which shall be determined by resolution adopted by the city council. If no resolution has been adopted, then the applicant must submit a sign ed written statement that acknowledges that the applicant will be required to reimburse the city for its reasonable costs incurred in connection with the application within ten days after the city issues a written demand for reimbursement. Applicant shall also be responsible for paying all costs associated with the parklet installation and operation including, but not limited to, an annual fee collected to ensure the ongoing compliance of the Parklet with the requirements of this Chapter.
(b) Inspection and reporting. The permittee under the Parklet Permit, when directed by the city, must perform an inspection of the parklet and submit a report to the Public Works Department on the condition of the facility to include any identified concerns and corrective action taken or to be taken. The permittee shall also maintain and repair the parklet at its sole expense during its placement in the public right -of-way. The permittee must correct or repair the parklet within thirty days after the city's notice for corre ctive action; after which the city reserves the right to take any action it deems necessary, which may include revocation of any applicable permit(s). The permittee is responsible for any costs associated with necessary actions performed by the city due to permittee's failure to comply with this section and with the Parklet Design Requirements. The permittee has the burden to demonstrate compliance with this chapter. (c) Expiration. The applicable permit(s) may be rescinded if construction is not substantially commenced within one year of the Permit being granted, absent a showing of good cause. The applicant may not renew the Permit or resubmit an application to develop a parklet at the same location for six months from date of rescission.
(d) Abandonment. Abandoned parklets shall be removed by the last known owner of record of such parklet, at the sole cost of said owner and to the satisfaction of the city. For the purpo ses of this chapter, a parklet shall be considered abandoned when it is no longer used by the applicant to provide service for a period of one - hundred and eighty (180) days without a new Parklet Permit being submitted. It shall be the obligation of the applicant of any Parklet Permit not in active use to respond to any comments issued by the City within thirty (30) calendar days of their transmittal by the City or the Parklet shall be considered abandoned. (e) Insurance. The applicant and operator shall obtain and maintain insurance in compliance with Chapter 11.30 (Insurance Requirements for Encroachment) of the Campbell Municipal Code. (f) Business License. The business utilizing the parklet shall be required to obtain and maintain a valid City business license at all times.
(g) No Smoking. “No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. (h) Security Deposit. A security deposit, in an amount established by the City’s schedule of fees and charges, shall be paid to the City to cover the cost of removal and/or enforcing the removal of the parklet prior to the issuance of building permits. Every three (3) years following the receipt of the initial security deposit, an additional security deposit shall be paid to account for any difference in the security deposit held by the City and the security deposit required by the City’s most recently adopted schedule of fees and charges.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program)

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(i) Non-Transferable. Parklet Permits shall not be transferable and a new parklet permit shall be required whenever the applicant is no longer associated with the operation, maintenance, or removal of the Parklet or insurance policy required under subsection (e) of this Section. (j) Operational Requirements. Parklet Permits shall be operated in accorda nce with all operational requirements established by any permit pertaining to the bona fide public eating establishment, including those required by other agencies (e.g., Alcohol Beverage Control). The preceding sentence notwithstanding, an exception to the maximum number or type of seats permitted by a permit issued under Title 21 of the Campbell Municipal Code shall be permitted.

11.15.090 Revocation.

Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section. (a) Revocation proceedings may be initiated by the City Engineer. (b) Required Findings. The City Engineer may revoke or modify the parklet permit if it makes any of the following findings:
(1) The permittee obtained the approval by means of fraud or misrepresentation of a material fact; (2) The permittee substantially expanded or altered the use or structure beyond what is set forth in the Permit or substantially changed the installation's character; (3) The bona fide eating place that the parklet serves has ceased to exist or has been suspended or abandoned;
(4) Failure to comply with any condition of a permit issued; (5) Failure to comply with this chapter;
(6) A parklet’s interference with a city project which seeks to protect and promote public safety and health, and community welfare;
(7) A parklet’s interference with vehicular or pedestrian use of the public right-of-way; or (8) Failure to make a safe and timely restoration of the public right-of-way. (c) Notice of action. The City Engineer shall issue a written determination of revocation and mail the determination to the permittee within ten calendar days of such determination. (d) A permittee whose Parklet Permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in Section 11.15.100.

11.15.100 Appeals.
(a) Appeals from City Engineer's Decision. The applicant or any interested person or entity may file an appeal to the Director of Public Works of any decision made by the City Engineer in compliance with this chapter. The appeal shall be filed within two days of the City Engineer's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The Public Works Director, or Public Works Director's designee, in his or her discretion, shall determine whether to affirm, set side, or modify the City Engineer's decision appealed therefrom. Thereafter, the appellant shall be notified of the Public Works Director's decision.
(b) Appeals from Public Works Director's Decision. The applicant or any interested person or entity may file an appeal to the City Council of any decision made by the Public Works Director in compliance with this chapter.

The appeal shall be filed within ten days of the Public Works Director's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The city council's decision shall be final.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program)

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(c) Findings on Appeal. The decision on appeal shall be made using the same criteria as set forth in subsection (c) of Section 11.15.090.

11.15.110 Attorneys' fees.

In the event the city determines that it is necessary to take legal action to enforce any of the requirements under this chapter or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree in writing with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

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Attachment: Ordinance - Parklets in the Public Right-of-Way (City Council Report - Downtown Parklet Program) RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ADOPTION OF A SEMI-PERMANENT PARKLET PROGRAM GUIDE (FILE NO. PLN- 2022-39)
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The City Council finds as follows with regar d to the adoption of a Semi -Permanent Parklet Program Guide (PLN-2022-39):

1. The proposed Semi-Permanent Parklet Program Guide may be approved concurrently, and subject to, the adoption of an Ordinance adding Chapter 11.15 (Parklets in the Public Right-of-Way) to the Campbell Municipal Code;

2. The legislature of the State of California has, in Go vernment Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry;

3. The adoption of a Semi -Permanent Parklet Program Guide is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. However, such an action may be exempted from environmental review if the City finds that: 1 ) the project is exempt pursuant to a categorical exemption; and 2) the application of that categorical exemption is not barred by one of the exceptions set forth in Sec. 15300.2 (Sec. 15061(b)(2));

4. In review of the CEQA statute, the project may be found categorically exempt under Section 15301 (Existing Facilities) given that it would result in only minor alterations of existing public or private facilities (e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of exis ting uses (parklets expand on outdoor dining activities already allowed in the City). The project may also be found categorically exempt under Section 15311 (Accessory Structures) given that it would only allow for the construction or placement of minor structures accessory to existing commercial facilities (parklets would only be allowed in association with a “bona fide public eating place”).

Further, as none of the exceptions set forth in Sec. 15300.2 apply (i.e., not in a particularly sensitive environment, the cumulative impact of the project is not significant, there is no reasonable possibility that the project will have a significant impact due to usual circumstances, impact scenic highways, the project would not impact a hazardous waste site, does no t result in a substantial adverse change in the significance of a historic resource) staff has recommended the decision-making body find the project categorically exempt under CEQA;
Based upon the foregoing findings of fact, the City Council further finds and concludes that:

1. The proposed Semi-Permanent Parklet Program Guide is consistent with the goals, policies, and actions of the General Plan;

2. The proposed Semi-Permanent Parklet Program Guide would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

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Attachment: Resolution - Semi-Permanent Parklet Program Guide (City Council Report - Downtown Parklet Program)

3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as presented, will have a significant adverse impact on the environment; and

4. The project is categorically exempt under CEQA.

NOW, THEREFORE, BE IT RESOLVED that the City Council approves the adoption of a Semi-Permanent Parklet Program Guide as set forth in Exhibit A-1. This Resolution shall become effective September 12, 2022, contingent on the passage and adoption of the associated Ordinance adding Chapter 11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:
_______________________
Paul Resnikoff, Mayor
ATTEST:
__________________________________
Andrea Sanders, Acting Interim City Clerk

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Attachment: Resolution - Semi-Permanent Parklet Program Guide (City Council Report - Downtown Parklet Program) Semi -Permanent Parklet Program Guide
Exhibit A-1 13.c
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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program)

SEM I-PERMANENT PARKLET

PROGRAM GUIDE
Cover Page Image Credit: National Association of City Transportation Officials

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permanent Parklet Program Guide i

TABLE OF CONTENTS
Table of Contents.................................................................................................................................................... i Introduction ................................................................................................................................................. 2 Purpose ........................................................................................................................................................ 3 Program Goals .............................................................................................................................................. 3 Parklet Design Options ................................................................................................................................. 4 Eligibility ....................................................................................................................................................... 5 Location, Number & Size of Parklets ............................................................................................................. 6 VII. Applying for a Permit…………………………………………………………………………………………………………………………………. 8 IX. Fees & Costs……………………………………………………………………………………………………………………………………………. .11 X. Parklet Construction………………..…………………………………………………………………………………………………………… ….12 XI. Insurance Requirements…..…………………..………………………………………………………………………………………………….12 XII. Operational Standards……………………….……………………………………………………………………………………… …………….13 XIII. Transferability..………………………………………………………………………………………………………………………………………..14 XIV. Abandonment……………..……………………………………………………………………………………………………………………………14 XV. Revocation & Appeals..……………………………………………………………………………………………………………………..…………14 Appendix A Design Options (TBD following design approval)…..………………………………………………………………….16

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) VIII. Application Wait List..……………………………………………………………………………………………………………………………….11 Semi-Permanent Parklet Program Guide 2

INTRODUCTION
The City of Campbell is transitioning from temporary parklets, which were allowed to replace indoor dining space in response to the COVID-19 pandemic and associated health order restrictions that significantly limited indoor business operations, to semi - permanent parklets that provide a safe, accessible and aesthetically appealing outdoor dining environment.

This comprehensive program offers flexibility, as well as necessary regulations and design standards to create safe, accessible outdoor dining areas in parklets that feature a consistent aesthetic design across parklets that reflects downtown’s street scape, built environment and pedestrian-oriented environment.

On March 17, 2020, the
City Council adopted a
resolution ratifying the
Declaration of Local
Emergency in response to
the COVID -19 pandemic
and State and County
Health Orders. The City
Council authorized the
Temporary Parklet Program on September 1, 2020 to allow businesses to conduct outdoor dining within the public right -of-way as a means to provide dining establishments a way to continue operating when indoor opera tions were limited due to public health orders issued to protect public health.

While originally conceived as an emergency response to the pandemic, outdoor dining proliferated, often in ways that have resulted in more active and enjoyable use of public spaces not previously experienced prior to the pandemic. In response, the City developed the Semi-Permanent Parklet program to continue providing outdoor dining space in the public right -of-way while contributing to the enjoyment of the public space and enhancing Downtown Campbell’s pedestrian-oriented environment.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permanent Parklet Program Guide 3

PURPOSE
The purpose of these Guidelines is to provide uniform and comprehensive standards and requirements for the development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets in the public right-of-way.

A parklet is an outdoor dining area provided by a “bona fide public eating place” as defined by the State of California for customers furni shed with tables, chairs, umbrellas, and other items necessary for consuming food and beverages served by the restaurant or café by repurposing public parking space(s) within the public right -of- way.

The public right -of-way was and is
never intended to have permanent
built structures on the road surface
so as to provide access to utilities
and infrastructure. In the event
future projects in the right -of-way
require removal of parklets, parklets
will be designed and constructed
such that they can be removed in the
future.

PROGRAM GOALS
• Transition from temporary parklets to semi-permanent parklets • Create safe, accessible, parklets with consistent and aesthetically appealing designs
• Collaborate with businesses and community partners to provide an equitable use of public right -of-way between outdoor dining space, other businesses, event space and public parking
• Enhance Downtown’s street scape, built environment, and pedestrian -oriented environment
• Increase opportunities for businesses to expand dining operations in the public right-of-way
• Improve social connections among community members

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permanent Parklet Program Guide 4

PARKLET DESIGN OPTIONS
All parklets musted be planned, designed, located and built per the Semi- Permanent Parklet Program. The following is a brief description of each design option with complete design specifications provided in Appendix A. Each parklet may require design customization to comply with design standards relative to each location.

Option 1: Open-Air Parklet
Compliant decking or slab surface and safety barriers that allows for ADA and emergency access. Use of compliant moveable umbrellas is allowed. Transparent wind barriers made of non -combustible materials attached to pre-cast concrete planters may be included. ADA -compliant tables and chairs must be clearly marked.

Option 2: Parklet with Overhead Shade Covering
Overhead shade covering with a fixed or retractable shade covering in addition to design features in Option 1.

Option 3: Parklet with Overhead Fixed Roof
Overhead fixed roof constructed of non -combustible materials in addition to design features in Option 1.

Parklets Must Comply With:
• All applicable state and federal laws including the Americans with Disabilities Act and all applicable health and safety requirements • All applicable state and local building codes, including all applicable rules, laws, included Semi-Permanent Parklet Program

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permanent Parklet Program Guide 5

ELIGIBILITY
Permitted bona fide public eating places such as restaurants, cafés or other eligible eating establishments within the Downtown area as marked by the following map are eligible to apply for a parklet . Stand-alone bars are not eligible for parklets. Eligible applicants must have:
• An active business license
• All permits in good standing (e.g., Use Permit, Live Entertainment, Outdoor Dining, etc.)
• No use permit violations
• No active code enforcement nor permit revocation action • Existing on-street parking stall(s) fronting their business location Permitted bona fide eating places that meet eligibility requirements and feature existing permitted outdoor dining areas may apply for a Parklet Permit.

Following the end of the permit application period, no applications will be accepted. Eligible business may apply for a Parklet Permit during an application period.

Eligible Semi-Permanent Parklet Zone

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 6

LOCATION, NUMBER & SIZE OF PARKLETS
Eligible parklets are limited to two parallel on -street parking stalls or storefront width whichever is smaller to preserve parking spaces for other businesses’ customers, public parking and public events in the downtown area. To maintain equitable use of parking spaces, the total amount of parking stalls in the Program will be limited to 32 stalls. Adjustments to the amount of parking stalls allotted for parklets may be considered in the future if an equitable balance of on -street parking stalls can be mai ntained. Parking stalls in off -street parking lots are not eligible for parklets.

Parklet Size Limit: Two Stalls or Storefront Width Whichever is Less On-street parking stall dimensions measure 20 feet by 8 feet (160 sq. ft.). A parklet’s footprint would comprise lesser surface area to allow for setbacks from adjacent parking stalls and traffic lanes to create a safety buffer between a parklet and parked cars and traffic. Setback standards are provided in the Parklet Design Options in Appendix A.

Parklets are allowed in green and non -painted on-street parking stalls. Parklets may be considered in yellow commercial loading zones if a new suitable location is identified subject to the City’s discretion. Red, blue and white parking zones are not eligible for parklets.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 7
Eligible businesses located on street corners can use only one frontage.

Adjacent restaurants may combine their parklet space, but be limited to the combined frontage of their storefronts.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permanent Parklet Program Guide 8

APPLYING FOR PERMIT
Permit Required
A Parklet Permit is required to construct, install, modify, maintain, or engage in an activity relating to a parklet in, on, under, or above the public right -of-way before conducting any work related to a parklet. The Public Works Department reviews and de cides Parklet Permit applications. The Community Development Department will review for building code compliance. The County Fire Department will review for fire safety and emergency access compliance.

Issuance of a Parklet Permit does not grant, imply or otherwise create ownership of the public right-of-way.

Apply for a Parklet Permit via the City of Campbell’s online permit website MyGovernmentOnline (MGO). Visit the City’s Permits Center for instructions to create a MGO account and submit a Parklet Permit application. The property owner is the permit holder and the property owner or their designee may submit an application. The property owner is ultimately responsible for the parklet in the event the tenant vacates its tenant space or abandons the parklet. The business owner/operator cannot submit the application.

Application Process
Applicants must submit a complete and duly filed application that is received and decided by City staff. Permit applications will be evaluated for compliance with eligibility requirements, parklet design standards, and permit and code compliance. Applicants who operated temporary parklets in good standing will be considered as part of the evaluation process.

1. Submit a Completed Parklet Permit Application That Includes:
 Desired parklet design option (Appendix A)
 Parklet location details
 Identify underground utilities and infrastructure (Underground Service Alert)
 Site plan showing parklet location relative to tenant space  Four Site photographs proposed location from multiple vantage points  Photos of all proposed furniture

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2. The Public Works Department will issue a conditional approval if the following criteria are satisfied:
 The application is deemed complete by the City
 The proposed project meets the definition for a "parklet" as defined by this Chapter
 The proposed parklet complies with all applicable program requirements
 The proposed parklet is in compliance with all federal and state standards and laws.
 The applicant demonstrates that the proposed project will comply with all applicable health and safety regulations including the Americans with Disabilities Act
 The proposed parklet will not inconvenience the public’s use of the public right-of-way
 The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way

3. Parklet Engineering and Building Division Review
 Following conditional approval by Public Works, applicant will review the design option and select the aesthetic features with parklet consultant who will tailor the parklet design to the approved location.
 Building Division and Fire Department review for Building Code, ADA and emergency access compliance

4. Permit Issued to Construct Parklet
 Parklet construction and installation can be scheduled with a licensed contractor(s)
 Contractor must schedule inspections per the inspection scheduled specified in the Parklet Permit
 Permit may be rescinded if construction does not begin within one year of the Permit being granted unless good cause is provided. The applicant may not re-new the Permit or re-submit an application for the same location for six months from date of rescission.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 10

5. Final Approval
 Final permit approval and certificate of occupancy issued following successful final inspection by the City.

6. Alcohol Beverage Control Licensed Premises Change
Following final permit approval, existing ABC licensees can apply to serve alcohol in approved parklets. Prepare and submit the following to ABC’s San Jose District Office:
 Form ABC-244 Change in Licensee Information or Licensed Premises . Check Box 13 e Premises Expansion when completing the form
 Form ABC-255 Zoning Affidavit
Attach approved Parklet Permit and approval letter to the form  Form ABC 257 Licensed Premises Diagram (Retail)
Attach approved site plan showing parklet and tenant space locations Submit Forms 244, 255 and 257 (Retail) when submitting application package to ABC’s San Jose District Office. The on-time Premises Expansion Fee is available on ABC’s Application Fee Schedule.

ABC License Renewal Fee Waiver
Verify eligibility for ABC license renewal fee waiver. Check eligibility within two months or less of renewal deadline.

ABC District Office
ABC District Office contact information is available here.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 11

APPLICATION WAIT LIST
In the event the City receives more Parklet Permit applications than available parking stalls by the application deadline , the City will utilize a wait list by the date the City received the application based on the following criteria:

Applicant eligibility
Application completeness
Project compliance with design standards
Consideration will be given for applicants who are temporary parklet operators
Wait-listed applications will be considered as parklet space becomes available.

FEES & COSTS
Parklet Permit Application Fee
An a pplication fee is required for each new permit application. Re -submitted applications resulting from a rescinded permit are subject to the full application fee.

Annual Parklet Compliance Verification Fee
Permit holders shall pay an annual fee for the use of the public-right-of way for business purposes, annual inspection by City staff for compliance with program standards and maintenance and cleaning of streets and sidewalks. The fee will be waived for the first year of a parklet permit being issued.

Refundable Security Deposit
A security deposit shall be paid to the City to cover the cost of removal and/or enforcing the removal of the parklet prior to the issuance of the Parklet Permit.

Every three years following the receipt of the initial security depo sit, an additional security deposit shall be paid to account for any difference in the security deposit held by the City and the fee established by the City for the cost of removal and/or enforcing the removal of the parklet based on inflation and other factors.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 12

PARKLET CONSTRUCTION
Applicants can select from a list of construction contractors qualified to build parklets pre-approved by the City. City staff will provide contractor information to permit applicants following permit issuance. Construction cannot begin until a Parklet permit is issued.

Utility Repair Access:

In the event, utili ties above, below , on or in the public right -of-way where a parklet exists need repairs, the permit holder shall pay for costs associated with accessing the utilities and restoring the parklet after repairs are completed .

Accessing utilities may require removal of a parklet in whole or in part to facilitate utility repairs.

INSURANCE REQUIREMENTS
Since parklets will be installed, constructed, maintained and operated in the public right -of-way, applicants shall provide a certificate s of insurance to the Public Works Department before permit issuance and construction per CMC Chapter 11.30 – Insurance Requirements for Encroachment . Certificates of insurance shall name The City of Campbell, its officers, employees, and volunteers as additional insured parties.

Certificates of insurance shall indicate coverage for commercial general liability, automotive liability, workers compensation and employer’s liability as determined by the Public Works Department . Course of Construction may be required subject to special provisions determined by the Public Works Department.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 13

OPERATIONAL STANDARDS
Operational Hours
Outdoor dining is the only activity allowed in parklets and can occur between 7:00 AM and 11:00 PM daily, unless otherwise restricted by a Conditional Use Permit (CUP). Live entertainment and amplified sound in parklets are prohibited. The parklet dining area shall always be kept clean and free of trash and debris. Decking surface shall be cleaned regularly and maintained in good condition.

Electricity Use
Electricity used to power heating, lighting or other allowed device(s) shall be supplied by the business’ tenant space . Electricity cannot be sourced from City - owned sources including but not limited to lamp posts and outlets.

Waste Management
Garbage and debris shall not be placed in city waste cans on the sidewalk. All waste shall be disposed of in the business’ dedicated waste receptacles. If City Staff observes waste management practices are inadequate, City Staff may require additional collection days to be scheduled, larger waste receptacles be obtained, or a combination of the two.

Alcohol Service
Parklet operators must be approved to serve alcohol by Alcohol Beverage Control (ABC). See Step 6 under Application Process on page 10.

Maintenance and Cleaning
The parklet dining area shall always be kept clean and free of trash and debris.

Decking surface shall be cleaned regularly and maintained in good condition.

Smoking in Parklets is Prohibited
“No Smoking" signs shall be posted within the parklet

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) Semi-Permant Parklet Program Guide 14

TRANSFERABILITY
Parklet Permits are not transferable and a new parklet permit shall be required whenever the applicant is no longer associated with the operation, maintenance, or removal of the Parklet or insurance policy required by this program.

ABANDONMENT
Abandoned parklets shall be removed by the last known owner of record at the sole cost of the owner and to the satisfaction of the City. For the purposes of this chapter, a parklet shall be considered abandoned when it is no longer used by the applicant to provide service for a period of one -hundred and eighty (180) days without a new Parklet Permit being submitted.

REVOCATION & APPEALS
Any permit or other authorized use of the public right -of-way granted as part of this program may be revoked or modified. Revocation proceedings may be initiated by the City Engineer who may revoke or modify the parklet permit if it makes any of the following findings:

1. The permittee obtained permit approval by means of fraud or misrepresentation of a material fact

2. The permittee substantially expanded or altered the use or structure beyond what is set forth in the Permit or substantially changed the installation's character

3. The bona fide eating place that the parklet serves has ceased to e xist or has been suspended or abandoned

4. Failure to comply with any condition of a permit issued

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5. Failure to comply program standards or the Parklets Ordinance (Chapter

11.15)

6. A parklet’s interference with a city project, which seeks to protect and promote public safety and health, and community welfare

7. A parklet’s interference with vehicular or pedestrian use of the public right-of-way

8. Failure to make a safe and timely restoration of the public right-of-way The City Engineer shall issue a written determin ation of revocation and mail the determination to the permittee within ten calendar days of such determination. A permittee whose Parklet Permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in Section 11.15.100.

Appeals
Appeals from City Engineer's Decision. The applicant or any interested person or entity may file an appeal to the Director of Public Works of any decision made by the City Engineer in compliance with this chapter. The appeal shall be filed within two days of the City Engineer's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges.

The Public Works Director, or Public Works Director's designee, in his or her discretion, shall determine whether to affirm, set side, or modify the City Engineer's decision appealed therefrom. Thereafter, the appellant shall be notified of the Public Works Director's decision.

Appeals from Public Works Director's Decision. The applicant or any interested person or entity may file an appeal to the City Council of any decision made by the Public Works Director in compliance with this chapter. The appeal shall be filed within ten d ays of the Public Works Director's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The city council's decision shall be final.

The decision on appeal shall be made using the same criteria as set forth in subsection (c) of Section 11.15.090 Notice of Action.

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APPENDIX A: PARKLET DESIGN OPTIONS
Design options to be provided following completion by
the design consultant and final approval by the City.

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Attachment: Draft Semi-Permanent Parklet Program Guide - Exhibit A-1 to Resolution (City Council Report - Downtown Parklet Program) RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE CITY’S MASTER FEE SCHEDULE TO ADD FEES AND DEPOSITS FOR

PARKLETS IN THE PUBLIC RIGHT -OF-WAY, PROVIDING FOR A ONE -TIME

CONSTRUCTION GRANT TO PROGRAM PARTICIPANTS , AND APPROVING ASSOCIATED BUDGET ADJUSTMENTS FOR FY 2023
WHEREAS, an Ordinance has been introduced to add Chapter 11.15 (Parklets in the Public Right-of-Way) to the Campbell Municipal Code (“CMC”) which would establish a new permit process for parklets in the City of Campbell's public right-of-way; and WHEREAS, it is in the public interest to ensure adequate fees are charged for processing permit applications and use of public right -of-way to achieve the City’s cost recovery goals except where an overriding public benefit has been recognized; and WHEREAS, City staff estimated the full cost to process and review a Parklet Permit Application to be approximately $2,532, conduct an annual compliance verification of ongoing compliance with the requirements of Chapter 11.15 (Parklets in the Public Right- of-Way) to be approximately $602, and cause the removal of parklets in the public right- of-way to be approximately $3,000; and
WHEREAS, the City is considering the adoption of a Parklet Permit Application Fee of $1,500, Parklet Annual Compliance Verification Fee of $602, and Parklet Security Deposit of $3,000; and
WHEREAS, the proposed Parklet Permit Application fee of $1,500 is less than the estimated cost to review parklet permit applications of $2,532; and WHEREAS, the City Council finds that the public benefit from subsidizing the Parklet Permit Application Fee to outweigh the subsidy provided; and WHEREAS, the proposed Parklet Annual Compliance Verification Fee, to facilitate annual review of parklets in the public right -of-way and confirmation of ongoing compliance with the requirements of Chapter 11.15 (Parklets in the Public Right-of-Way) including any conditions of approval, is commensurate with the full cost of conducting such review by the City; and
WHEREAS, the proposed security deposit is anticipated to be adequate to cover the cost of the removal of parklets in the public right-of-way and/or enforcing the removal of a parklet; and
WHEREAS, the City Council finds that the establishment of a one -time construction grant in the amount of $3,000 to program applicants for a calendar year from the date of the adoption of Chapter 11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code to be paid at the time of permit issuance from funds receive d in response to the American Rescue Plan Act (ARPA) is an appropriate use of such funds; and

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Attachment: Resolution - Parklet Fees, Deposit, and Construction Grant (City Council Report - Downtown Parklet Program) WHEREAS, no impact to the existing level of service for the right-of-way will result from adding fees and deposits related to parklets within the public right-of-way.

NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Approves the establishment of a one -time construction grant to program applicants for a calendar year from the date of the adoption of the associated Ordinance adding Chapter 11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code in the amount of $3,000 to be paid at the time of permit issuance from funds received in response to the American Rescue Plan Act (ARPA); and

2. Adopts the following Fees and Deposits for Parklets in the Public Right-of-Way, to be included in the Schedule of Fees and Charges under the Public Works Engin eering and Encroachment Permit Fees within the Master Fee Schedule:

Parklets
a) Parklet Permit Application Fee: $1,500
b) Parklet Annual Compliance Verification Fee: $602
c) Parklet Security Deposit: $3,000

3. Approves associated budget adjustments for Fiscal Year 2023, detailed in Attachment E of the accompanying report and incorporated by reference.

This Resolution shall become effective September 12, 2022, contingent on the passage and adoption of the associated Ordinance adding Chapter 11.15 (Parklets in th e Public Right-of-Way) to the Campbell Municipal Code.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
________________________
Paul Resnikoff, Mayor
ATTEST:
_________________________________
Andrea Sanders, Acting Interim City Clerk

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Attachment: Resolution - Parklet Fees, Deposit, and Construction Grant (City Council Report - Downtown Parklet Program) RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING

THE DOWNTOWN CAMPBELL PARKLET PROGRAM TO CONTINUE

TEMPORARILY EXPANDED OUTDOOR DINING AND BUSINESS OPERATIONS TO JANUARY 9, 2023
WHEREAS, the Campbell City Council proclaimed a state of emergency on March 17, 2020 in response to COVID -19 following the World Health Organization’s escalation of COVID-19 to a pandemic, and following declarations of states of emergency made at the County, State, and Federal levels to slow the spread of COVID-19; and WHEREAS, as required by Government Code 8630(c) the City Council reviewed the need to continue the local emergency declaration every 60 days until conditions warrant termination. The local emergency declaration has been extended in calendar year 2020, on May 5, July 24, September 15, November 2, and December 15; in calendar year 2021 on February 2, April 6, June 1, August 3, September 21, October 19, and November 16, and in calendar year 2022, on Ja nuary 18, March 29, May 17, and will consider extending the local emergency declaration on July 5; and WHEREAS, on September 1, 2020, the Campbell City Council adopted Resolution 12634 authorizing establishment of the Downtown Campbell Parklet Program al lowing expansion of outdoor business and dining operations in parklets located in on -street parking stalls on East Campbell Avenue from the light rail tracks to just past Third Street consistent with State and County Health Orders, City Flexible Business O perational Guidelines and the Encroachment Permit process; and
WHEREAS, in calendar year 2020, the City Council extended the temporary parklet program on December 1, and in calendar year 2021, the City Council extended the temporary parklet program on A pril 30, June 1, September 7, December 21, and in calendar year 2020, the City Council extended the temporary parklet program January 18, and February 15 recognizing the ongoing state of emergency; and WHEREAS, traffic lanes on East Campbell Avenue in the Downtown Area remain open to vehicle traffic and provide on -street parking stalls not converted to parklets as public parking for business customers; and
WHEREAS, once established, temporary parklets may remain in place until such time as the use is no longer necessary, the City Council determines the configuration needs to be altered, or the temporary parklet program extended by this Resolution is discontinued; and
WHEREAS, the City is separately considering the adoption of a semi -permanent parklet program that will require several months to be ready requiring the extension of the temporary parklet program in order to minimize disruption to program participants; and

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Attachment: Resolution - Extending Temporary Parklet Program (City Council Report - Downtown Parklet Program) WHEREAS, the City desires to e stablish a transition period allowing parklet operators who do not apply for a permanent parklet permit by the application deadline to vacate their current temporary parklet by January 9, 2023; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Downtown Campbell Parklet Program be extended to January 9, 2023 subject to the following:

1. Continue temporarily expanded outdoor dining and business operations beyond the width of restaurant storefronts in on -street parking stalls and City -owned parking lots while the City considers the adoption and implementation of a semi - permanent parklet program; and

2. Temporary parklet operators who apply for Parklet Permits by the application deadline and obtain approval shall be allowed to continue business operations in their temporary parklets beyond January 9, 2023, but until construction of their semi-permanent parklets begins; and

3. Otherwise, all temporary parklets shall terminate expanded outdoor dining and business operations in on -street parking stalls and City -owned parking lots by close of business on January 9, 2023, so as to schedule and remove safety barriers and potted trees; and shall restore on -street parking stalls used as temporary parklets to provide public parking; and

4. Traffic lanes on East Campbell Ave nue and in the Downtown Area shall remain open to vehicle traffic.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED
_________________________
Paul Resnikoff, Mayor
ATTEST:
_________________________________
Andrea Sanders, Acting Interim City Clerk

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Attachment: Resolution - Extending Temporary Parklet Program (City Council Report - Downtown Parklet Program) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

July 5, 2022 BA-1
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUE
101.740 4722 24,000
101.740 4722 9,632
101.980 6899 48,000

EXPENDITURES
101.740 7432 One-Time Construction Grant 48,000
221.980 9899 Operating Transfer Out from ARPA Fund 48,000 REASON FOR REQUEST - BE SPECIFIC:

Parklet Permit Application Fee
Parklet Annual Compliance Verification Fee
Operating Transfer In from ARPA Fund
Finance Director Community Development Director City Manager Public Works
Will Fuentes Rob Eastwood Brian Loventhal
To record the application ($1,500) and compliance verification fee ($602) related to the Downtown Parklet Program.

Furthermore, there is a one-time construction grant of $3,000 that will be awarded to up to 16 approved applicants. 740 - Land Development

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Attachment: Budget Adjustment Form (City Council Report - Downtown Parklet Program) City
Council
Report
TITLE: Designation of Voting Delegate and Alternate for 2022 League of California Cities Annual Conference

RECOMMENDED ACTION
That the City Council designate a Voting D elegate and Alternate(s) for the League of California Cities Annual Conference General Business Meeting to be held on September 7-9, 2022.

BACKGROUND
The League of California Cities Annual Conference is scheduled for September 7-9, 2022, in Long Beach . T he General Business Meeting is scheduled on Friday, September 9, 2022, at the Long Beach Convention Center.

Consistent with Cal Cities bylaws , each City Council is required to designate a voting representative and up to two alternates who will be present at the General Business Meeting, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity.

FISCAL IMPACT
Appointing a voting representative and two alternates has no fiscal impact. However, the City is assessed an annual fee for its membership in the League of California Cities (approx. $16,000) and there are also costs associated with attending the Annual Conference (approx. $600 per attendee plus travel expenses). Both of these costs have been accounted for within the Fiscal Year 2023 Adopted Budget under the City Council Budget Unit (101.501) and no further appropriations are requested at this time.

Prepared by:

Dusty Christopherson, City Clerk
Item: 14
Category: NEW BUSINESS
Meeting Date: July 5, 2022
14 Packet Pg. 97
2022 Cal Cities Voting Delegates Page 2 of 2
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Annual Conference Voting Procedures
14 Packet Pg. 98

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Attachment: Annual Conference Voting Procedures (2022 Cal Cities Voting Delegates) City
Council
Report
TITLE: Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Construction Management and Inspection Services for the Civic Center Improvements, Ca mpbell Library Renovations, Project No. 23 -SS, and Authorizing the City Manager to Award Consultant Services Agreement (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing issuance of a Request for Qualifications (RFQ) for Construction Management and Inspection Services for the Civic Center Improvements, Campbell Library Renovation (Project No. 23 -SS) and authorizing the City Manager to Award a Consultant Services Agreement with the most qualified respondent.

BACKGROUND
In the November 2018 General Election, the City of Campbell (City) voters passed Measure O, a $50 million general obligation (GO) bond measure to fund construction of a new, two-story Police Operations Building, removal of the existing Police Department Annex structure, upgrades to the current space occupied by the Police Department, renovation of the existing Campbell Library Building, and alteration of parking lots and pedestrian walkways within the Civic Center complex for an improved and more efficient layout (collectively, “Project”).

On May 19, 2020, the City Council awarded a design services contract for the renovation of the existing Library Building (Library Renovation) to Jason Architecture.

On July 2, 2021, City staff issued an Inf ormational Update to the City Council providing design development updates for the entire Project. The updates included revisions to the schematic design for the Project as directed by the City Council. On August 17, 2021, the City Council approved the Mitigated Negative Declaration for the Project.

On May 13, 2022, City staff issued an Informational Update to the City Council providing information on the pre -qualification process staff would use prior to awarding a construction contract for the Library R enovation. This pre -qualification process would allow prospective bidders to submit financial and past project performance information that they believe would qualify them to bid on the Library Renovation. From there, staff would generate a list of qualified bidders who are eligible to submit a bid to construct the Library Renovation.

Item: 15
Category: NEW BUSINESS
Meeting Date: July 5, 2022
15 Packet Pg. 100
Measure O Library RFQ for Construction Management Page 2 of 3 A similar but separate staff report and resolution for the Police Operations Building, Project No. 23-RR, is also included in the July 5 th City Council agenda requesting authorization to issue an RFQ for construction management and inspection services; and, authorizing the City Manager to Award and Execute a Consultant Services Agreement with the most qualified respondent.

DISCUSSION
Cities typically seek consultant servi ces based on efficiency factors such as the local agency’s staff availability for the required expertise and a project’s schedule. While the City is working through the pre -qualification process for the construction of the Library Renovation, staff is also seeking the City Council’s adoption of a resolution authorizing staff to issue a Request for Qualification s (RFQ) for construction management and inspection services. T he RFQ will seek the services of a professional consultant that can provide expertise i n multiple project management and inspection service’s needs.

Some of the elements of the solicitated scope of services include, providing professional staff with extensive technical expertise in the areas of project management, inspections, preconstruction, oversight of building code mandated third -party inspection, review of project submittals, daily and weekly progress updates, interpretation of plans and specifications, analysis of changed conditions, development of corrective actions, negotiation/approval of change orders, material and laboratory testing, structural calculations, geotechnical investigations, risk management, program controls, utilities, cost estimating, value engineering, project schedules and critical milestones, labor compliance, building commissioning, and project close-out.

Once Council approves the issuance of the RFQ, it will be published on the QuestCDN website for approximately three week s. Staff will evaluate and rank proposals based on a pre-determined evaluation criteria, t hen recommend the top two or three ranked consultants to be invited to interview with staff. At that point, the fee proposal from the highest ranked firm will be opened and the contract for services will be negotiated. If negotiations fail for any reason, the fee proposal from the next finalist in line would be opened to start a new round of negotiations. Staff will inform Council in an Informational Update Memorandum with the outcome of the selection process of the consultant.

Council Informational Memoranda are included on the City’s website for public review.

PROJECT TIMELINE:

Below is a general summary of anticipated timelines for the Library Renovation project:

Action Milestones
Council Authorizes Issuing RFQ for Consultant Services 7/5/2022 Advertise Request for Qualifications 7/6/2022
Request for Information (RFI) Deadline 7/25/2022
Respond to RFI 7/29/2022
RFQ Submittal Deadline 8/3/2022
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Measure O Library RFQ for Construction Management Page 3 of 3 Evaluation & Selection of Consultant, Negotiate Fees 8/19/2022 Execute Consultant Contract 9/30/2022

FISCAL IMPACT
Measure O funds will be used to cover the costs of construction management and inspection services for the Library Renovation project. Up to $500,000 has been allocated for this purpose in the City’s adopted Fiscal Year 2023 -2027 Capital Improvement Program.

Prepared by:

Abdulla Ahmed, Sr. Project Manager
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Draft RFQ CM Services for Library
15 Packet Pg. 102

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) TO SOLICIT

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CIVIC CENTER IMPROVEMENTS - CAMPBELL LIBRARY RENOVATIONS, PROJECT NO. 23-SS, AND

AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONSULTANT

SERVICES AGREEMENT
WHEREAS, in the November 2018 General Election, the City of Campbell (City) voters passed Measure O, a $50 million general obligation (GO) bond measure to fund construction of a new, two -story Police Operations Building, removal of the existing Police Department Annex structure, upgrades to the current space occupied by the Police Department, renovation of the existing Campbell Library Building, and alteration of parking lots and pedestrian walkways within the Civic Center complex for an improved and more efficient layout (collectively, “Project”); and
WHEREAS, on May 19, 2020, the City Council awarded a design services contract for the renovation of the existing Library Building (Library Renovation) to Jason Architecture; and WHEREAS, o n July 2, 2021, City staff issued an Informational Update to the City Council providing design development updates for the entire Project. The updates included revisions to the schematic design for the Project as directed by the City Council; and WHEREAS, on August 17, 2021, the City Council approved the Mitigated Negative Declaration for the Project; and
WHEREAS, on May 13, 2022, City staff issued an Informational Update to the City Council providing information on the pre-qualification process staff would use prior to awarding a construction contract for the Library Renovation; and WHEREAS, cities typically seek consultant services based on efficiency factors such as the local agency’s staff availability for the required expertise and a project’s schedule; and WHEREAS, the services of a professional consultant are needed to provide expertise in project management and inspection for the construction of the Library Renovation in the areas of project management, inspections, preconstruction, oversight of building code mandated third -party inspection, review of project submittals, daily and weekly progress updates, interpretation of plans and specifications, analysis of changed conditions, development of corrective actions, negotiation/approval of change orders, material and laboratory testing, structural calculations, geotechnical investigations, risk management, program controls, utilities, cost estimating, value engineering, project schedules and critical milestones, labor compliance, building commissioning, and project close-out; and WHEREAS, staff proposes to use funds from the Measure O Bond proceeds to pay for the professional construction management and inspection services; and

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Attachment: Resolution (Measure O Library RFQ for Construction Management) WHEREAS, staff is seeking Council’s authorization to solicit professional consultant services for the construction management and inspection services associated with the Library Renovation project.

NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is h ereby authorized to issue a Request for Qualifications (RFQ) for the construction management and inspection services as described above for the Library Renovation, Project No. 23-SS.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to award and execute a consultant services agreement for the construction management and inspection services for the Library Renovation to the most qualified respondent.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_____________________________
Paul Resnikoff, Mayor
ATTEST:
_________________________________
Andrea Sanders, Acting Interim City Clerk

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Attachment: Resolution (Measure O Library RFQ for Construction Management) `

CITY OF CAMPBELL

REQUEST FOR QUALIFICATIONS (RFQ)

FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES

CAMPBELL LIBRARY RENOVATION PROJECT
Project, 23-SS
City of Campbell
70 North First Street
Campbell, CA 95008
Proposals Due: 3:00 PM, Wednesday, August 3, 2022

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Attachment: Draft RFQ CM Services for Library (Measure O Library RFQ for Construction Management)

TABLE OF CONTENTS
General Information ...................................................................................................... 1 Background ................................................................................................................... 2 Schedule of Activities ................................................................................................... 3 General Provisions and Requirements ....................................................................... 5 RFQ Evaluation Criteria ................................................................................................ 9 Additional Information ................................................................................................ 11 Fees .............................................................................................................................. 16 Attachment 1 - Library Location ................................................................................ 17 Attachment 2 - Conflict Of Interest Statement .......................................................... 18 Attachment 3 - Non-Collusion Declaration ............................................................... 20 Attachment 4 - Minimum Qualifications .................................................................... 21 Attachment 5 - References ......................................................................................... 22 Attachment 6 - Statement Regarding Insurance Coverage and Worker’s Compensation Insurance Acknowledgment Certificate .......................................... 24 Attachment 7 - Insurance Requirements ................................................................... 25 Attachment 8 - Sample Consultant Services Agreement ......................................... 28 Attachment 9 - RFQ Evaluation Sheet ....................................................................... 42

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Attachment: Draft RFQ CM Services for Library (Measure O Library RFQ for Construction Management) Request for Qualifications
Construction Management
and Inspection Services
Campbell Library Renovation Project

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General Information
The City of Campbell is soliciting proposals from qualified consultant firms to provide construction management and inspection services for the renovation of an existing 25,000 square foot Library located at 77 Harrison Avenue (see Attachment 1 ). The Campbell Library is owned by the City of Campbell and operated by the Santa Clara County Library District (SCCLD). The Project is funded by Measure O Bond proceeds. The cost of construction has been estimated at $2 0 million. The anticipated start of the project is January 2023 with an anticipated completion date of December 2024.

The scope of work for this Request for Qualifications (RFQ) includes, but is not limited to, construction management , daily inspection s, management of day-to-day work of the construction contract or, technical review and advice , value engineering, scheduling, administration, coordination, and integration of project components , labor compliance , and safety requirements. A detailed scope of services for the project is outlined in the Scope of Services Section of this RFQ.

The Consultant , its employees, agents, representatives, and subconsultants, in the performance of this Agreement, shall act in an independent capacity and not as officers , employees or agents of the City. Subcontractors shall assume all of the rights, obligations and liabilities applicable to the Agreement as an independent contractor hereunder. The consultant represents and warrants that they (i) are 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 performan ce of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

The Consultant Agreement will be issued by the City of Campbell and administered by Department of Public Works. A sample of the Consultant Services Agreement is included in Attachment 7.

Under the direction of the City’s Director of Public Works, the City’s Senior Public Project Manager will supervise the construction management firm and manage this project. The City’s Senior Project Manager shall be the consultant’s primary contact for the City, and the consultant shall receive final direction from the City’s Senior Project Man ager or an authorized designee only. The selected consultant shall maintain assigned key experienced staff on the project; and any changes and/or replacement of consultant staff must be approved by the City. Consultant shall also provide all transportation and communication requirements for their own personnel.

The consultant shall maintain their key personnel through out the entire duration of services; and shall conduct their business in a professional manner to schedule and support their personnel in providing the scope of services in a timely and professional

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Construction Management
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Campbell Library Renovation Project

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manner. The City must approve any key personnel change s in advance through a personnel qualifications review and an oral interview with City staff.

The City does not warrant the accuracy or completeness of its documents. The consultant shall verify all information to the consultant’s professional satisfaction and note and report any discrepancies observed in the course of professional activities cove red by the services. Deliverables will be submitted in electronic format (PDF) and in native document formats such as Word, Excel, AutoCAD, etc. unless otherwise specified.

Background
The existing Campbell Library is a two-story, 25,000 square foot buil ding constructed in the early 1970’s. The site includes a 34,000 square foot surface parking area. The Santa Clara County Library District (SCCLD) has leased the Library (and site) from the City and is responsible for its operations and maintenance. The Library is open seven days a week and accommodates over 1,000 visitors daily.

During the 2018 general elections, Campbell voters passed Measure O authorizing the City to issue up to $50,000,000 in general obligation bonds to finance the design and construction of City facilities to house the Police and Library services.

Some of the Measure O goals for the Library Renovation project are as follows: building code upgrades, accessibility, energy -efficiency, efficient and versatile use of space to include senior reading, after -school homework programs, children’s story times, children’s collection, summer reading programs, public computer lab, and more.

The City has contracted with Jayson Architecture (Architect) to provide the architectural and engineering design for this Project. The construction plan , specifications, and engineer’s estimate (PS& E) for the Project are currently undergoing final review by the relevant permitting agencies. In addition, the City is in the process of prequalifying contractors to submit competitive bids for the construction of the Project.

Approximately $20 million of the Measure O Budget has been allocated to the Library Renovation project and covers the costs of design consultants, design contingency, pre- construction and permit costs, construction (library improvements and temporary library), construction contingency, inspection and testing.

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Attachment: Draft RFQ CM Services for Library (Measure O Library RFQ for Construction Management) Request for Qualifications
Construction Management
and Inspection Services
Campbell Library Renovation Project

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Schedule of Activities
The City reserves the right to amend the tentative project schedule as necessary.

Activity Dates
RFQ release July 5, 2022
Request for Information (RFI) Deadline July 25, 2022
RFQ Submission Deadline (3:00 p.m.) August 3, 2022
RFQ Evaluation August 18, 2022
Execute Consultant Contract September 30, 2022
Start of construction Late Fall 2022 or early Spring 2023 Completion of construction Late Fall 2024 or early Spring 2025 Obtaining RFQ
Consultants may view and download this Request for Qualifications (RFQ) electronically for free by registering with www.QuestCDN.com. Once registered and logged in to QuestCDN, select the “Req uest” tab then enter the Request Number XXXXXX to view and download the RFQ. Once downloaded, the registered user will be entered into the Plan holder’s List to be notified of any changes or addenda. Contact QuestCDN at 952 - 233-1632 or [email protected] for any assistance. The RF Q can also be viewed and downloaded via the City website at https://www.ci.campbell.ca.us/bids.aspx. However, if you wish to be on the Plan Holder’s List, you must register and download the RFQ though QuestCDN. It shall be the Consultants’ responsibility to check and obtain any addenda that may be issued.

The City will evaluate the consultant’s qualifications and supporting documents and may conduct interviews with the consultants that demonstrate the best qualifications for the proposed services. From this evaluation and the possible interviews, the City will select a consultant and negotiate a fee for the services delineated in the RFQ. The consultant must be ready to execute the City’s standard Agreement for Consultant Services (draft version is included in Attachment 7 ) within ten (10) days of award of the project. The proposal submitted in response to this RFQ will be included as part of the Agreement with the selected consultant.

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Construction Management
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Campbell Library Renovation Project

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RFQ Submission Requirements
The RFQ responses must be received by the City no later than 3:00 p.m. Pacific Time, Wednesday, August 3, 2022 . Submit three (3) printed and bound copies (8 1/2”x11”) and an electronic copy in PDF format on a USB drive, in a sealed envelope with the Consultant’s name, address, contact person(s), and phone number, and clearly Labeled:
“Civic Center Improvements Construction Management & Inspection Services for the Campbell Library Renovation project, Project No. 23-SS” and delivered or mailed to:

City Clerk’s Office
Attn: Abdulla Ahmed
City of Campbell
70 N. First Street, Campbell, California 95008
Each Consultant assumes full responsibility for timely delivery of its RFQ at the required location. RFQ s received after the time and date specified above will be considered nonresponsive and will be returned to the consultant. Oral, telephone, facsimile, telegraph, or email RFQ’s are invalid and will not receive consideration. No Consultant may submit more than one RFQ for the Project.

RFQ Format
Consultants’ proposals are limited to a maximum of 25 pages and should contain the following information:

1. Complete, sign, and return the attached certification in this RFQ: Attachment 2 – Conflict of Interest Statement; Attachment 3 – Non-Collusion Declaration; Attachment 6 – Statement Regarding Insurance Coverage and Worker’s Compensation Insurance Acknowledgment Certificate.

2. Cover Letter (Maximum 2 pages) giving an overview of the consultant’s general expertise, experience, and ability to perform the scope of services described in this RFQ for the Campbell Library Renovation project. The cover letter shall be signed by an authorized representative of the firm. Attachment 7 is the City’s contract template for the Consultant Services Agreement. In the cover letter, state that the City’s contract template is acceptable to the Consultant.

3. Names, qualifications, and experience of proposed assigned key personnel who will be responsible for carrying out and performing the day-t o-day construction management and inspections services as stipulated in this RFQ.

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Construction Management
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Campbell Library Renovation Project

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4. Description of at least three similar, in type, size and cost, public projects managed and inspected by your firm within the last five years, including the following:
a. Project Name:
b. Project Owner (agency):
c. Owner Project Manager, phone, email:
d. Architect/Designer:
e. Brief Scope of Work:
f. Contractor Name:
g. Project Budget:
h. Project original cost estimate:
i. Project Final cost:
j. Original Estimated Completion Date:
k. Actual Completion Date:
l. Total Change order amounts:

5. Cost proposal of anticipated monthly costs with estimated personnel hours per month including reimbursable expenses. Attach a schedule of fees to the cost proposal (hourly billing rates for all personnel working on this project, milage, and reimbursable expenses). The consultant’s fee proposal shall be submitted in a separate sealed envelope.

General Provisions and Requirements
Scope of Services
The selected consultant shall provide the following professional services for the Campbell Library Renovation project, but not limited to:
• Review and conduct constructibility reviews of the 95% construction documents and engineer’s cost estimates, and provide the City with all potential technical issues from a contractor’s perspective.
• Provide daily inspection reports and weekly synopsis of the status of the project schedule, costs, change orders, any deviations to the approved/permitted construction plans and project schedule. Ensure compliance of construction work with construction documents.
• Complete and maintain a daily log of construction inspection reports with high- definition pictures and videos reflecting daily construction activities, contractors and subcontractors on site, equipment, weather delays and material deliveries. • Manage and coordinate all the necessary work with a third-party special inspection service as required by Chapter 17 of the California Building Code. • Manage and coordinate document testing and special inspections in accordance with Chapter 17of the California Building Code, and any local ordinance; and outside agency inspections and approvals.
• Keep records of time and materials; prepare correspondence and write clear and comprehensive inspection and project reports.

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Construction Management
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Campbell Library Renovation Project

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• Document and take professional and clear high-resolution photos of before, during, and after of the construction work.
• Confer with the City to determine inspection standards that will be applied during construction.
• Manage and coordinate testing and inspections necessary for quality control/quality assurance and to monitor and inspect workmanship, materials, and means and methods to assure compliance with the City’s contract documents, best practices, and applicable requirements. Maintain a log of all inspections.
• Provide
a weekly construction update report for the City’s Project Manager with emphasis on status of schedule, anticipated delays, cost increases, etc. • Detect poor quality building material and workmanship utilizing visual inspection with knowledge of industry standards and code requirements. Review test results, read, comprehend, and detect deviations from plans and specifications by inspection. Perform and interpret results from field tests, calculate material quantities, analyze situations accurately and take effective action when required. • Ensure contractor complies with local, state, and federal regulations (CalOSHA, Federal OSHA).
• Maintain all project construction files in a neat and organized fashion at all times with access available to City staff.
• Review and document prevailing wage and labor compliance requirements:

Document prevailing wage and labor compliance issues, conduct employee interviews, review and approve certified payrolls, ensure contractor their subcontractors comply with state prevailing wage and labor requirements under direction, perform highly technical work in support of contract administration, materials testing, technical inspection and labor compliance for the construction of projects similar to the library project.
• Manage schedule and
ensure timely performance and delivery of project.
• Provide schedule monitoring, prepare record drawings, Time Impact Analysis (TIA) for CPM schedule.
• Coordinate and manage project schedule milestones, critical path activities, and dependencies between tasks necessary for timely completion of the project. • Analyze the contractor’s schedule for conformance to the specifications, logic, tasks definition and duration, critical activities, float, submittal review, material procurement, and coordination with other contracts. Prepare written responses and directives. Review monthly updates including schedule, variance reports, cash flow reports, and material status reports.
• Maintain an independent schedule in order to verify the feasibility of the contractor’s schedule.
• Monitor and document
contractor work schedules and activities to ensure that completed work is in compliance with project plans and specifications.

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Campbell Library Renovation Project

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• Incumbents regularly work on tasks that are varied and complex requiring considerable discretion and independent judgment.
• Assist in the public bidding process, review of the proposals, contractors’ reference checks, and the recommendation of award to the lowest responsible and responsive bidder. If bids are over the cost estimate and budget, work with the design consultants to value engineer.
• Provide independent construction estimating and value engineering. • Consultant shall endeavor to maintain a working relationship with the contractor, design teams, stakeholders, and the public on behalf of the City. • Coordinate and interface with City staff, clients, designers, contractors, stakeholders, and the public as necessary. Scope includes coordinating the timing of work, minimizing the impacts by construction and communicate work plans to interested parties as well as responding to interested parties about the project.
• Manage, coordinate pre-construction meetings, weekly project progress meetings, preparations of meeting packets, minutes and follow-ups. • Attend contractors’ on-site safety meetings and monitor their safety performance program.
• Coordinate all work with necessary regulatory agencies and municipalities involved in the project.
• Assist City staff, designers, and environmental consultants to obtain necessary approvals from regulatory bodies.
• Oversee compliance with permits, regulations, mitigation measures and other requirements.
• Submit recommendations on construction issues that include considerations of time and budget impacts, possible compensable delays, conflicts, potential claims, and possible mitigations.
• Document unanticipated field conditions, disputes and claims in accordance with the Specifications and any applicable laws. Assist the City and design teams resolve issues and claim resolutions.
• Provide claim avoidance and claim resolutions.
• Maintain a claim file for any issue that may result in a claim for additional time or costs. The Consultant shall immediately notify the City’s Project Manager of all such claims or potential claims. The claim file shall include all correspondence and meeting minutes, and shall include “what if” scenarios, schedule analysis, and recommendations for resolution.
• Find and efficiently mitigate construction document conflicts. • Manage, process, log and track submittals, RFI’s, change orders, and claims from contractors. Establish a digital record management application to be used. • Review submittals
for compliance with the construction documents. Route
submittals to design teams as required and track comments and approvals to avoid delays to construction.

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• Review, log and track submittals, shop drawings, Requests for Information (RFI), Contract Change Orders (CCO), Requests for Quotes (RFQ) and other documents.
• Negotiate, justify with documentation, and recommend field changes and change orders for approval or disapproval.
• Assist the City process change o rders and be the lead negotiator as directed by the City.
• Assist the City in negotiating and executing field changes and change orders in the best interest of the City.
• Provide cost estimating services to verify contractors' requests for extra work, change orders and claims.
• Confirm contractors are maintaining accurate as-builts. • Review contractor payment requests in a timely manner checking for completeness
and accuracy. Recommend the City to process invoices and payments. Review contractor's progress payment requests, verify completed work and quantities, and make recommendations for correction (when deemed necessary) and approval.
• Monitor and enforce all construction-related environmental programs (stormwater pollution prevention, etc.,) and nuisance-abatement conditions (construction hours, noise, dust, etc.)
• Specific work includes coordinating the timing of work, minimizing the impacts to the library, the parking lot, ingress and egress to the site by the contractor and communicating work plans to interested parties, as well as responding to interested parties about the project.
• Coordinate project commissioning.
• The final inspection and construction closeout process consists of site walkthroughs to verify that everything has been completed in accordance with the contract documents and punch list. This means the punch list has been corrected and completed; and that submittals, lien waivers, warranties, close-out documentation, manuals, and as-builts have been turned over to the City and verified for completeness. Confirm the building is ready for its intended use or occupancy.
• Coordinate all project close-out activities including review of as-built drawings for accuracy, resolution of any warranty issues, coordination of manufacturers’ training sessions, testing of all building systems, verification of punch list corrections, transition to building occupancies, and other close-out measures.

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RFQ Evaluation Criteria
The City will evaluate each RFQ proposal using the following criteria and point systems:

1. Conflict of Interest Statement and Non-Collusion Declaration (Pass/Fail) a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.

2. Completeness/Organization of the RFQ (10 Points)
a. RFQ that is current, accurate, and complete in accordance with the requirements of this RF Q. The RFQ format and organization shall follow the requirements herein. RFQ’s that do not include the content requirements identified within this RF Q and subsequent addenda and do not address items listed shall be considered incomplete.

3. Organization and Approach (20 points)
a. Consultants must comment on the firm’s ability to realistically provide the services listed in the Proposed Scope of Services as outlined in this RFQ.

Indicate how your firm/team would approach the project and what specialized services or unique insights your team would bring to the project b. Describes familiarity of the Project and demonstrates understanding of work completed to date, if applicable, and Project objectives moving forward. c. Project team and management approach responds to Project issues. Team structure provides adequate capability to perform both volume and quality of needed work within Project schedule milestones.
d. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of Project team. ii. Some or all of team members have previously worked together on similar project(s).
iii. Overall organization of the team relevant to City needs. e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decision-making process.
.

4. Team’s Qualifications & Experiences (20 points)
a. Meets Minimum Qualifications as completed in Attachment 4. b. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants related to the Project.

5. Qualifications of Key Individuals (25 points)

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a. Related Project Experience and Expertise – Discuss prior related project experience satisfying Minimum Qualifications for the Project and what would make the firm the best qualified for this Project. Emphasize projects of similar scope and magnitude. Discuss the firm’s capabilities and experience in facilitation of public meetings and consensus building.

Emphasize the firm’s experience in ranking/prioritizing needs versus construction budget constraint. Discuss the firm’s experience in the accurate coordination of trades and sub-consultants, and the quality control process. Discuss the firm’s ability to meet schedules and ability to control costs.
b. Qualifications of Key Personnel – Identify the project manager and key individuals on the consultant team and their resumes highlighting relevant qualifications and experiences. State projects that they were assigned to and their specific roles and responsibilities. Provide a statement regarding the firm’s commitment to keep the same personnel throughout the Project.

Indicate how your firm’s resources will work together to complete this Project. Identify additional resources available in your firm. c. Sub-Consultants – Identify any sub-consultants your firm may utilize.

Include resumes of key individuals who will be directly involved in this Project, and briefly describe any past involvement in joint projects with these sub-consultants. Indicate why the particular sub-consultant has been selected to work on the Project team. Indicate how the prime firm will ensure quality control and coordination of documents between the prime and the various sub-consultants
d. Team is managed by an individual(s) with appropriate experience in similar projects. This person’s time is appropriately committed to the project. e. Team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
f. Key positions required to execute the project te am’s responsibilities are appropriately staffed.

6. Consultant Accessibility (10 points)
a. A statement addressing firm’s ability to fulfill regular on -site Project responsibilities including meetings and on-site visits, and whether it has an office or can establish an office within Santa Clara County.

7. References (15 points)
References (complete Attachment 5) – A minimum of three (3) current references from past projects (of similar scope) completed by the proposed project manager and/or project team should be provided. All references must contain relevant projects completed within the past five (5) years. Provide the following information for each reference:
a. Project Name:
b. Project Owner (agency):

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c. Owner Project Manager, phone, email:
d. Architect/Designer:
e. Brief Scope of Work:
f. Contractor Name:
g. Project Budget:
h. Project original cost estimate:
i. Project Final cost:
j. Original Estimated Completion Date:
k. Actual Completion Date:
l. Total Change order amounts:

Summary of Evaluation Criteria for determining the most qualified consultant as shown on Attachment 9.

No. RFQ Evaluation Criteria Possible Points
1 Conflict of Interest Statement and Non-Collusion Declaration Pass/Fail 2 Completeness/Organization of RFQ 10
3 Organization and Approach 20
4 Team’s Qualifications and Experiences 20
5 Qualification of Key Personnel 25
6 Consultant Accessibility 10
7 References 15
Subtotal: 100
Oral Interview (if necessary)
If necessary, the top-ranking Consultants may be invited to participate in Oral Interviews for a consultant presentation and Q&A session. A Consultant will be notified of the time and place for oral interviews and if any additional information may be required to be submitted.

Following the City’s determination of the firm best qualified for this work, scope of services and final terms will be negotiated, and the consultant and the City will execute the City’s Standard Consultant Services Agreement ( Attachment 7). If negotiations with the top - ranked Consultant are not successful, the City will select the next -ranked Consultant for award and negotiate the final terms of the contract.

Additional Information

1. Reservation of Rights. The City reserves the right to accept or reject any or all RFQ’s, or to alter the selection process if warranted, to postpone the selection process for its own convenience at any time, and to waive any defects in the RFQ.

The City also reserves the righ t to accept or reject any individual sub -consultant that a candidate proposes to use. This RFQ and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the

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City and the Consultants. The City’s stand ard form of consultant agreement will form the basis of the contract between the parties.

2. Consultant’s Costs. Each Consultant responding to this RFQ acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs, and travel expenses, including but not limited to vehicle miles, vehicle rentals, flights, transit fares, and meals, are at the Consultant’s sole expense. The City shall not, under any circumstances, be responsible for any cost or expe nse incurred by the Consultant. In addition, each Consultant acknowledges and agrees that all documentation and/or materials submitted with the RFQ shall remain the property of the City.

Consultant fees shall be negotiated and established on a time and ma terial basis with a not to exceed amount, supported by an agreed schedule of rates and mark- up Consultant’s proposal shall include a detailed cost breakdown of the total proposed fee, including any subconsultant work, by proposed hours and rates, broken down by task, and any additional costs anticipated to complete the project. Progress invoices will be paid on a monthly basis related t o the progress of the work.

3. DIR Monitoring . This Project is subject to compliance monitoring and enforcement by the DIR.

4. Communicating with City. If you have any questions regarding this RFQ, please contact Abdulla Ahmed, the City’s Contact:

Abdulla Ahmed
Senior Public Works Project Manager
City of Campbell
Public Works Department
70 N. First Street, Campbell, California 95008
(408) 866-2157
[email protected]
The City’s sole point of contact for this RF Q shall be the City’s contact who shall administer the RFQ process. All communications shall be submitted in writing and shall specifically reference this RFQ (identify in the subject line the Project). Only answers issued by an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. No contact with other City staf f, City Council Members, or any other public official concerning the Project during the procurement process is allowed. A violation of this provision may result in the disqualification of the consultant.

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5. Assumptions of Consultants. The City is not responsible for the assumptions of Consultants. Neither the participation of the City in any pre-proposal meeting, nor the subsequent award of the contract by the City shall in any way be interpreted as an agreement or approval by the City that a Consultant’s assumptions are reasonable or correct. The City specifically disclaims responsibility or liability for any Consultant’s assumptions in developing its RFQ.

6. Retention of Records. The Consultant shall retain all books and records related to the Project for a minimum of four (4) years after the end of the Project.

Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have stared before the expiration of the four (4) year period, then such records must be retained until completion of the actions and the resolution of all issues, or the expiration of the four (4) year period, whichever occurs later.

All records, accounts, documentation, and other materials maintained by the consultant regarding the Project shall be accessible to the City upon reasonable prior notice for the purpose of examination or audit. Access to said records shall be consistent with applicable federal, State, and local laws regarding privacy and obligations of confidentiality.

7. Public Record. All responses to this RFQ become property of the City and will be kept confidential, subject to the requirements of the California Public Re cord Act, until a recommendation for award of a contract has been announced. Submittals are subject to public inspection and disclosure under the California Public Records Act. (Cal. Govt. Code sections §7920 et seq (2021)). Unless the information is exempt form disclosure by law, the content of any RFQ, request for explanation, or any other written communication between the City and any Consultant, and between City employees or consultants, regarding the procurement, shall be available to the public. In an y event, the City shall have no liability to Consultant for making disclosures required by the California Public Records Act or other law, court order, legal proceeding discovery request, investigative demand, subpoena, or order from a regulatory body havi ng jurisdiction over either of the parties.

Nothing contained herein shall be construed as requiring or obligating the City to withhold information in violation of the California Public Records Act or other laws.

8. Equal Opportunity. The City hereby notifi es all Consultants that it will affirmatively insure that in any contract entered into pursuant to this procurement, minority business enterprises will be afforded full opportunity to submit RFQ’s in response to this RFQ and will not be discriminated against on the grounds of race, creed, color, national origin, ancestry, sexual orientation, political affiliations or beliefs, sex, age, physical disability, medical condition, marital status, pregnancy, or other protected characteristic as set forth hereunder.

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9. Appeal. The City will entertain appeals regarding this RF Q process only as set forth herein. The appeal process presented in this RFQ will take precedence in the case of any conflict with the appeal processes contained in the City’s Policies and Procedures. The City will not entertain appeals regarding, or reconsider, substantive scores or determinations made in the evaluation process.

Appeals may be based upon restrictive requirements or alleged improprieties in the RFQ that are apparent or reasonably should have been discovered prior to the City’s receipt of RFQ’s. Such appeals shall be written and hand delivered or sent via certified mail to be received by the City’s contact at least fourteen (14) calendar days prior to the City’s receipt of RFQ’s. The appeal must clearly specify in writing the grounds and evidence on which the appeal is based.

Appeals may also be based upon alleged improprieties that are not apparent in the RFQ or that could not reasonably have been discovered prior to the City’s receipt of the RFQ’s. Such appeals are limited to 1) the City’s failure to follow its own appeal procedures set forth in this Section; and 2) other procedural errors in the RFQ process. The appeal must clearly specify in writing the grounds and evidence on which the appeal is based. Such appeals shall be in writing and hand delivered or sent via certified mail to be received by the City. Contact within five (5) calendar days from receipt of the notice from the City informing of the Successful Consultant.

The City’s contact will respond to an appeal in writing within ten (10) business days of receipt, and that determination shall be final.

The appeal procedures summarized in this Section are mandatory and comprise the sole and exclusive appeal procedures for this RF Q. A Consultant’s failure to comply with the procedures set forth herein will result in rejection of the appeal and constitute a waiver of any right to further pursue a protest or appeal (including, but not limited to, filing a Government Code claim or legal proceeding). If the City determines the appeal to be frivolous, the Respondent originating the appeal may be determined to be irresponsible and may be ineligible for future purchase orders and/or contracts.

In order to prevail on an appeal based on alleged improprieties not apparent in the RFQ as described herein, a Consultant must demonstrate than an error was material and prej udicial to the Consultant’s effort to become selected for participation in this Project. In other words, in order to prevail, the Consultant must demonstrate that but for the City’s error, the Consultant would have been selected as the Successful Respondent.

If an appeal is received within five (5) business days from receipt of the notice from the City informing of the Successful Consultant, the City will proceed with the following process: 1) City provides a copy of the appeal to the Successful Respondent and, within five (5) business days of receipt, Successful Consultant may provide to the City a written response to the appeal; 2) within ten (10) business days thereafter, City prepares a written response to the appeal and to the

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Successful Consultant’s response, if any, and provides the analysis to appellant and Successful Consultant; 3) within five (5) business days, appellant and Successful Consultant may provide written responses; 4) City sets a hearing date for a City Council determination on the appea l and prepares a written staff report and recommendation; 5) City staff notifies Successful Consultant and appellant of the date and time of the hearing and prepares and distributes a written record containing all documents necessary for the City Council d etermination and distributes the record to all parties; 6) City Council hearing in which Successful Consultant and appellant are provided full opportunity to present matter to City Council; 7) City Council renders a final determination.

10. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of the contract. Legal action may be instituted only in the Superior Court of the County of Santa Clara, State of California, or in the Federal District Court in the Northern District of California.

11. Adherence to All Local, State, and Federal Laws and Requirements. The Consultant shall adhere to all applicable federal, state, and local laws, ordinances, statutes, rules and regulations, and rulings or directives of any agencies having jurisdiction including without limitation those relating to the environment (including, but not limited to, those promulgated by EPA, California Department of Public Health), wages, hours, health and safety (including, but not limited to, those promulgated by CAL-OSHA and FED-OSHA), equal employment opportunity, and working conditions or which pertain in any way to the Project and/or Consultant’s scope of work on the Project.

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FEES
Submit a Preliminary Fee Proposal to perform consultant’s Proposed Scope of Services.

The Preliminary Fee Proposal shall be inclusive of all work and labor from notice to proceed through completion of the Scope of Services, including but not limited to consultant’s costs for site visits and travel expenses. The Preliminary Fee Proposal should be itemized by phases and tasks, showing the estimated hours of each staff member assigned and the associated fee for that staff member or sub -consultant. Also, provide hourly rate schedules for all key project staff, including sub-consultants.

CONTRACT REQUIREMENTS
Once the project scope and fee are negotiated, the Consultant shall execute a City of Campbell Consultant Agreement which defines basic contractual relationships with attachments that specify the scope of services, compensation schedule, and deliverable schedule. A sample City of Campbell Consultant Agreement is attached to this RFQ as “Attachment 7”. Please note that the indemnity and insurance requirements are identified in the agreements and must be accepted without modification.

The Consultant must specifically agree, in writing, to accept the Consultant Agreement, including the City’s Indemnification requirements and insurance coverage requirements, without modification, in the RFQ submission cover letter or in the RFQ. Firms failing to provide this statement shall be considered ‘ nonresponsive’ and eliminated from further consideration.

Business License Requirements
The consultant and their subconsultants must hold or obtain business licenses in the City of Campbell for any work within City limits.

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ATTACHMENT 1 – LIBRARY LOCATION

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ATTACHMENT 2 - CONFLICT OF INTEREST STATEMENT

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE

CONSULTANT QUALIFICATION PACKET
CAMPBELL LIBRARY RENOVATIONS, PROJECT NUMBER 23-SS
The undersigned declares:

I/We ___________________________ (Insert Company Name) have the following financial, business, or other relationship with City that may have an impact upon the outcome of the contract or the construction Project. If none, please specify that no other relationships may have an impact on this contract or Project. _
_
I/We (Insert Company Name) have the following current clients who may have a financial interest in the outcome of this contract or the construction Project. If none, please specify that no other clients may have a financial interest with an impact on this contract or Project.
__________________________________________
I/We (Insert Company Name) have the fol lowing financial interests or relationships with a construction company that might submit a bid for the construction of the Project. If none, please specify that no such relationships exist.

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Consultant covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with contract awarded from this RFQ. Consultant certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RF Q is an officer or employee of the City. Through its submittal of a RFQ, Consultant acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

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Furthermore, if there is reason to believe that collusion exists among the Consultants, the City may refuse to consider RFQ’s from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one RFQ for the same work unless alternate RFQ’s are called for. A person, firm, or corporation who has submitted a sub-proposal to a Consultant, or who has quoted prices on materials to a Consultant, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Consultants. Reasonable ground for believing that any Consultant is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Consultant is interested. If there is reason to believe that collusion exists among the Consultants, the City may refuse to consider RFQ’s from participants in such collusion. Consultants shall submit as part of their RFQ documents the completed Non-Collusion Declaration provided herein as Attachment 4.

I, on behalf of the Consultant, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on __________________ [date],
at ___________________[city], _______________[state].
_________________________________ ___________________________________ Consultant Name (Person, Firm, Corp.) Title of Authorized Representative _________________________________ ___________________________________ Address Name of Authorized Representative ___________________ __________________ ______________ City, State Zip
________________ ___________________________________
(Date) (Signed)

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ATTACHMENT 3 – NON-COLLUSION DECLARATION

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE

CONSULTANT QUALIFICATION PACKET
CAMPBELL LIBRARY RENOVATIONS, PROJECT NUMBER 23-SS
The undersigned declares:

I am the ______________________ [Insert Title] of
____________________________,[Insert name of company, corporation, LLC, partnership or joint venture] the party making the foregoing RFQ.

The RFQ is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The RFQ is genuine and not collusive or sham. The Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham RFQ. The Respondent has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham RFQ, or to refrain from responding. All statements contained in the RFQ are true.

Any person executing this declaration on behalf of a respondent that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the respondent.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ________[date], at ___________________[city], ______[state].

By: _____________________
Name: _____________________
Title: _____________________

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ATTACHMENT 4 – MINIMUM QUALIFICATIONS

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE CONSULTANT QUALIFICATION PACKET.

CAMPBELL LIBRARY RENOVATIONS, PROJECT NUMBER 23-SS
List Consultant’s applicable work experience per Minimum Qualifications . Use additional sheets as necessary.

Projects Owners/Clients Description of
Services
Dates Work
Performed
Status
I hereby certify that the Consultant performed the work listed above. ______________________ _____________________ __________________ Signature of Consultant Name Date

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ATTACHMENT 5 - REFERENCES

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE

CONSULTANT QUALIFICATION PACKET
CAMPBELL LIBRARY RENOVATIONS, PROJECT NUMBER 23-SS
List three (3) references for work of a similar nature to the Services performed within the last five (5) years. Use additional sheets as necessary.

1. _________________________________ ______________________________ Name of Agency Agency Address
________________________________ ______________________________ Contact Name Contact Title
_________________________________ ______________________________ Contact Telephone Contact Email Address
________________________________ _______________________________ Contract Period Contract Amount
Description of services performed including project cost estimates and actual costs.
_________________________________________________________________ _________________________________________________________________

2. _________________________________ ______________________________ Name of Agency Agency Address
________________________________ _____________________________ Contact Name Contact Title
_________________________________ ______________________________ Contact Telephone Contact Email Address
________________________________ _______________________________ Contract Period Contract Amount
Description of services performed including project cost estimates and actual costs.
_____________________________________________________________________ _____________________________________________________________________

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3. ______________________________ _________________________________ Name of Agency Agency Address ______________________________ _________________________________ Contact Name Contact Title ______________________________ _________________________________ Contact Telephone Contact Email Address ______________________________ _________________________________ Contract Period Contract Amount Description of services performed including project cost estimates and actual costs.
________________________________________________________________ ________________________________________________________________

4. ______________________________ _________________________________ Name of Agency Agency Address ______________________________ ________________________________ Contact Name Contact Title _______________________________ _________________________________ Contact Telephone Contact Email Address ______________________________ _________________________________ Contract Period Contract Amount Description of services performed including project cost estimates and actual costs.
________________________________________________________________ ________________________________________________________________ I hereby certify that the Consultant performed the work listed above. ______________________________ ______________________ _______________ Signature of Consultant Name Date

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ATTACHMENT 6 - STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE

CONSULTANT QUALIFICATION PACKET
CAMPBELL LIBRARY RENOVATIONS, PROJECT NUMBER 23-SS
CONSULTANT HEREBY CERTIFIES that the Consultant has reviewed and understands the insurance coverage requirements specified in the RFQ. Should the Consultant be awarded the contract for the Services, Consultant further certifies that the Consultant can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City as additional insured for the Services specified.

By certifying this form, the Consultant also understands the Worker’s Compensation insurance requirement per the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
_____________________________________________
Name of Consultant (Person, Firm, or Corporation)
_____________________________________________
Signature of Consultant's Authorized Representative
_____________________________________________
Name & Title of Authorized Representative
____________________
Date of Signing

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ATTACHMENT 7 - INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Campbell, 70 N. First Street, Campbell, California 95008,
• Certificate will be signed by an authorized representative, • An endorsement will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Consultant. Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 85 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
• PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $1,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $ 1,000,000 per occurrence or claim, $2 ,000,000 aggregate.

Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement.

If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.

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If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and c overage shall be available to the City.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers will be excess of Consultant’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverag e shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss , including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.
• DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES

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If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Dat e prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• VERIFICATION OF COVERAGE
Consultant will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required doc uments prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

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ATTACHMENT 8 – SAMPLE CONSULTANT SERVICES AGREEMENT

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 (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of ______________________________________________________________________________ WHEREAS, Consultant represents that it has the expertise, means, and ability to perform ________________________________________________________ assignment; NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

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

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

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

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

1.10 The designated project manager for Consultant shall be .

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.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement 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) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit 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 executed by the City) to accommodate the changes in work.

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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 accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City prompt written notice of any known or discovered defects in such data and information.

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

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

3. COMPENSATION

3.1 For the full performance 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 $ , as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe t he 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 fee 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, City may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may ord er 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 decreased, Consultant is entitled to full compensation for all services performed and expenses incurred pri or to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or servic es 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

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exceed total amou nt specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City.

Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

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

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

4. SUBCONSULTANTS

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

4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part.

Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project- related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City.

Any project-related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in

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writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

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

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in 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.

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement.

No other compensation will be payable for anticipated profit on unperformed services.

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.

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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, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs 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 l egal liability arising out of their professional services on a primary 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, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or 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 negligence 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

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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 parties’ 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.

9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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.

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

1. General Li ability: $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 the 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’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

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

The limits of 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, and 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:

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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 limi ts 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 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 City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured agai nst 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, off icers, 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.

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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 requirements 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 of 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. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person 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.

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

10. MISCELLANEOUS

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

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

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating 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 certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. Consultant 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 Consultant learns of a financial interest of Consultant's during the term of this Agreement.

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Campbell City CouncilJuly 5, 2022

Campbell City Council
July 5, 2022