Agenda — Campbell City Council, September 20, 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.

The City Council meeting will be live -streamed on Channel 26 or Channel 88, 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 abo ut 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 meeting. Written comments will be posted on the website and distributed to the Co uncil. 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, September 20, 2022 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

COMMUNICATIONS AND PETITIONS

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

COUNCIL ANNOUNCEMENTS

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

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

1. Minutes of City Council Special Meeting of August 17, 2022 Recommended Action: Approve the special meeting minutes of August 17, 2022.

2. Minutes of City Council Executive Session Meeting of August 31, 2022 Recommended Action: Approve the executive session meeting minutes of August 31, 2022.

3. Minutes of City Council Executive Session Meeting of September 6, 2022 Recommended Action: Approve the executive session meeting minutes of September 6, 2022.

4. Minutes of City Council Regular Meeting of September 6, 2022 Recommended Action: Approve the regular meeting minutes of September 6, 2022.

5. Approving Bills and Claims
Recommended Act ion: Approve the bills and claims in the amount of $842,381.81

6. Water Tower Lighting Request - Teal Foundation
Recommended Action: That the City Council approve the Teal Foundation's Water Tower Themed Lighting Request application and direct staff to l ight the City of Campbell Water Tower teal on September 24, 2022 t o raise awareness of ovarian cancer.

7. Amendment to the Classification and Salary Plan - Recreation Supervisor (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the Classification and Salary Plan for Recreation Supervisor.

8. Approval of Consultant Agreement with Management Partners for Procurement Services and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Sectio n 3.20.030(4) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to enter into a Consultant Agreement with Management Partners for procurement process evaluation services and dispense wit h bidding requirements as authorized by Campbell Municip al Code Section 3.20.030(4) for specialized services.

9. Temporary Authorization of Outdoor Dining on Private Property (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a re solution providing temporary authorization of outdoor di ning on private property as originally authorized under the Declaration of a local emergency resulting from community spread of COVID-19 in the City of Campbell.

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

10. Public Hearing and Introduction of Ordinance to Consider a City -Initiated Text Amendment to the Campbell Muni cipal Code Removing the Requirement fo r a Security Deposit for Parklet Permits; Adoption of a Resolution Approving an Amendment to the Semi -Permanent Parklet Program Guide to Incorporate Preferred Parklet Designs and Remove References to the Requirement fo r a Security Deposit; Adoption of a Resolution Approving an Amendment to the City’s Master Fee Schedule Reducing the Parklet Permit Application Fee from $1,500 to $500, Deferring the Effective Date of the Parklet Annual Compliance Verification Fee to FY 2024, Removing Security Deposits Related to Parklets in the Public Right - Of-Way and Approving Associated Budget Adjustments for FY 2023; and Adoption of a Resolution Authorizing the City Manager to Execute a Contract Amendment with the Parklet Design Consult ant, Sidell Parkravan Architects, to P rovide for the Customization of Up to 16 Parklets at a Cost Not to Exceed $3,000 Per Parklet ($48,000 Total), and Approving Associated Budget Adjustments for FY 2023. File No. PLN -2022-39. (Introduction of Ordinance/Resolutions/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance amending Chapter 11.15 (Parklets in the Public Right -of Way) of the Campbell Municipal Code to remove the requirement for a security deposit; adopt a Resolution approving Amendments to the Semi -Permanent Parklet Program Guide to incorporate preferred parklet designs and removing references to the requirement for a security deposit; adopt a Resolution approving an amendment to the City’s Master Fee Schedule to reduc e the Parklet Permit Application Fee from $1,500 to $500, deferring the effective date of the Parklet Annual Compliance Verification Fee to FY 2024, removing security deposits related to parklets in the public right -of-way, and approving associated budget adjustments for FY 2023; and adopt a R esolution authorizing the City Manager to execute a contract amendment with the parklet design consultant, Sidell Parkravan Architects, to provide for the customization of up to 16 parklets at a cost not to $3,000 per parklet ($48,000 total), and approving associated budget adjustments for FY 2023.

NEW BUSINESS

11. Approval of the Purchase of the NEOGOV Human Resources Information System (HRIS) and Payroll Platform through a Cooperative Purchasing Agreement with SHI Int ernational Corp. and the National Asso ciation of State Procurement Officials (NASPO), Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(6), and Associated Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution (1) authorizing the City Manager to execute a three -year agreement with SHI International Corp., using pricing and terms specified through a competitively bid award from

the National Association of State Pr ocurement Officials (NASPO), to purcha se the NEOGOV Human Resources Information System (HRIS) and Payroll Platform for an amount not to exceed $328,567; and, to dispense with bidding requirements, as authorized in Campbell Municipal Code Section 3.20.030(6 ); and, (2) authorizing the Finance Di rector to implement an associated budget adjustment for implementation support services.

UNFINISHED BUSINESS

12. Oktoberfest Fee Waiver Request (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving a 50% reduction in fees charged to the Campbell Chamber of Commerce for the 2022 Oktoberfest.

13. Receive a Progress Update on the Residential Design Standards Work Plan Effort and Preparation of an Initial Draft of the Multi -Family Residential Development and Design Standards. (File No.: PLN-2022-90) Recommended Action: That the City Council receive the report and provide feedback on the initial approach for preparing the Multi -Family Residential Development and Design Standards.

COUNCIL COMMITTEE REPORTS

14. 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 Counci l 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 Ci ty website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All doc uments 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 MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Wednesday, August 17, 2022 – 6:00 PM
City Hall Council Chamber
70 N. First St., Campbell, California

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

CALL TO ORDER
The City Council of the City of Campbell convened this day in special meeting at City Hall Council Chamber, 70 N. First St., Campbell, California.

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

Public comment was taken prior to Council discussion.

UNFINISHED BUSINESS

1. Special Meeting to Provide an Overview and Update on the Objective Standards Work Plan Effort, Project Schedule, and Community Outreach and Engagement Strategy (File No.: PLN -2022-90), and to Consider a Budget Adjustment to Re-Appropriate Unencumbered FY 2022 Funds Recommended Action: That the City Council take the following actions: (1) Provide feedback on the Objective Standards Work Plan and Guiding Principles, Project Schedul e, and Comm unity Outreach and Engagement Strategy; (2) Provide direction on the formation of a subcommittee of the City Council and/or Planning Commission to support the update; (3) Approve a budget adjustment to re-appropriate unencumbered FY 2022 funds.

Community Development Director Eastwood introduced the Opticos Design consultant team Stefan Pellegrini, Roger Foreman, Russell Toler, and Tony Perez. He reviewed the meeting and presentation structure.

Senior Planner Rose provided background on Objectiv e Design an d Development Standards (ODDS) noting that State law requires cities to apply 1 Packet Pg. 5
Minutes Acceptance: Minutes of Aug 17, 2022 6:00 PM (CONSENT CALENDAR)

Minutes of August 17, 2022 City Council Meeting Page 2 objective criteria in review of housing projects. Currently existing policies are subjective and may not be enforced, requiring updates. He reviewed the workplan phased approach that will prioritize multi-family and mixed-use projects.

The City will also look at Neighborhood Area Plans to reference these new standards and update parking standards.

Opticos Design Principal, Stefan Pellegrini reviewed their approach to ODDS in Campbell and how their Toolkit will help identify what objective standards are needed by Zoning Districts. The Scope of Services was reviewed detailing the phased approach. Phas e 1 includes the ODDS Toolkit Customization Startup; Phase 2 is the ODDS initial a nd administrative draft, with Phase 3 including the final draft and adoption of ODDS. Also included in the process is a series of community meetings.

Mayor Resnikoff asked if anyone from the public wished to speak.

Jim Sullivan, Campbell resident, spoke about ensuring there is still flexibility for change so that all buildings and designs are not all the same style. He inquired about the Llewellyn Ave. test site which noted a higher density than was previously stated.

Scott Reese, Campbell resident, noted that once these policies are adopted, how will the City remain flexible to address ongoing updates or revisions that will be required. Mr. Reese felt that it was important to look at single -family homes and felt that a better approach was to invite the c ommunity and have them participate in the process versus the City contacting groups individually and then having only select groups providing their opinions.

Joseph Gemigna mi, Campbell resident, spoke about the importance of not having all new architectu re look the same. He spoke against developers constructing the buildings that look like a box with a flat roof and no character.

Raja Pallela, Campbell resident, concurred w ith Mr. Reese’s point of not singling out Neighborhood Associations for feedback. He also noted that the San Tomas Neighborhood Plan is so large, and guidelines have not been revised in many years, such as height restrictions, setbacks and ADU requirements that it will need a lot of updating. He requested removing covered parking requir ements for single-family homes.

Councilmembers Lopez and Gibbons were not supportive of cookie -cutter designs and noted Campbell’s unique character.

Councilmember Gibbons stressed the importance of clear definitions and not being too prescriptive. She w as not supportive of the proposed relaxed parking standards. She noted considerations should be made for Climate Action Plans, Electric Vehicle (EV) programs, and water conservation hardscapes

Councilwoman Landry agreed with Councilmember Gibbons and the need for clear definitions, noting open space areas that can function recreationally and consistency in landscaping patterns as an example. Concerns were raised with 1 Packet Pg. 6
Minutes Acceptance: Minutes of Aug 17, 2022 6:00 PM (CONSENT CALENDAR)

Minutes of August 17, 2022 City Council Meeting Page 3 the term Objective Design and Development Standards (ODDS) and staff was encouraged to reb rand the name. She was not in support of the proposed parking standards, she requested parking space size, and functionality be considered. Councilwoman Landry requested cons ideration for environmental issues.

Vice Mayor Bybee liked the Guiding Principles and stressed the importance of keeping the project moving and meeting all deadlines. She would like standards that provide flexibility, retain Campbell’s character and not t o have only cookie - cutter designs. The City should be cautious about reducing or e liminating parking.

Mayor Resnikoff was supportive of the Guiding Principles, keeping the outreach as a general public invite, and noted the benefits to mixed -use projects. He agreed with the Vice Mayor’s comments on parking standards but cautioned that a balance should be made so that they aren’t too strict.

Senior Planner Rose reviewed the Community Engagement Strategy, additional outreach efforts and the Community Survey.

Senior Planner Rose discussed the creation of an ad -hoc subcommittee comprised of City Council or Planning Commission members to provide closer support and to act as a bridge between staff, commissions, and council in between meetings.

The Council discussed the potential formation of an ad -hoc subcommittee of the City Council and/or Planning Commission. There was no consensus to create an ad-hoc subcommittee comprised of Council members, but the possibility of a subcommittee comprised of only members o f the Planning Commission was identified.

After discussion, M/S: Bybee/Lopez – That the City Council adopt Resolution 12884 approving the budget adjustment to reappropriate unencumbered Fiscal Year 2022 funds, per the desk item. The motion was adopted by the following roll call vote:

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

ATTEST:

Paul Resnikoff, Mayor

Andrea Sanders, City Clerk

1 Packet Pg. 7
Minutes Acceptance: Minutes of Aug 17, 2022 6:00 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Wednesday, August 31, 2022 – 5:00 PM
Ralph Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was duly n oticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER

The City Council of the City of Campbell convened this day in special meeting at Campbell City Hall, 70 N. First Street, Campbell California in the Ralph Doetsch Conference Room.

ROLL CALL

PUBLIC COMMENT

There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel – Pursuant to G.C. Section 54957(b)(1): Public Employee Evaluation – City Manager

B. Litigation

C. Real Property

D. Labor Negotiations – Pursuant to G.C. Section 54957.6: Conference with Labor Negotiator – Agency Designated Representatives: City Council, and City Manager Performance/Compensation Subcommittee Members: Paul Resnikoff and Anne Bybee
Unrepresented Employee: City Manager

2 Packet Pg. 8
Minutes Acceptance: Minutes of Aug 31, 2022 5:00 PM (CONSENT CALENDAR)

Minutes of August 31, 2022 City Council Meeting Page 2 The C ity Council met in Exe cutive Session to discuss items A and D. City Manager, Brian Loventhal; City Attorney, William Seligmann and Mike Messina, of Messina & Assoc., Inc. were in attendance.

ADJOURN
Mayor Resnikoff adjourned the meeting at approximately 7:00 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Andrea Sanders, City Clerk

2 Packet Pg. 9
Minutes Acceptance: Minutes of Aug 31, 2022 5:00 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, September 6, 2022 – 6:45 PM
Ralph Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was duly n oticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER

The City Council of the City of Campbell convened this day in special meeting at Campbell City Hall, 70 N. First Street, Campbell California in the Ralph Doetsch Conference Room.

ROLL CALL

PUBLIC COMMENT

There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel

B. Litigation – Conference with Legal Counsel – Existing Litigation Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9 Name of Case:

Patricia Balinski v. County of Santa Clara; City of Campbell, CA; Superior Court of California, County of Santa Clara Case No.: 20CV367229

C. Real Property

D. Labor Negotiations

3 Packet Pg. 10
Minutes Acceptance: Minutes of Sep 6, 2022 6:45 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 2 The City Council met in Executive Session to discuss item B. City Manage r, Brian Loventhal; City Attorney , William Seligmann ; Finance Director, W ill Fuentes; and outside counsel, Robert Gundert were in attendance.

ADJOURN
Mayor Resnikoff adjourned the meeting at approximately 7:20 p.m.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Andrea Sanders, City Clerk

3 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 6, 2022 6:45 PM (CONSENT CALENDAR)

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, September 6, 2022 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pur suant 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 www.cityofcampbell.com/agendacenter.

CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL
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

PLEDGE OF ALLEGIANCE
Mayor Resnikoff led the Pledge of Allegiance.

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

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

There were no oral requests.

COUNCIL ANNOUNCEMENTS
4 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 2 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 including permits, business license applications and virtual appointments are available on line. Visit the city’s website at www.campbellca.gov to view infor mation for all city departments and services available.

Please join me at the annual State of the City address on September 22. I will be discussing the city’s recent accomplishments, our resilience during and after COVID, and information on upcoming pro jects including Measure O. The State of the City address will be held at the Orchard C ity Banquet Hall on Thursday, September 22.

Doors open at 5:30 p.m. with the event beginning promptly at 6. Please RSVP to [email protected] by Monday, September 19.

The Los G atos Veterans Memorial & Support Foundation, with the support of the Campbell Veterans Foundation, is hosting “American Challenge - Lessons from 9/11” on Sunday, September 11 from 4:30 p.m. to 7:00 p.m. at the Flame of Liberty Memorial at 110 E. Main Street in Los Gatos. This is an opportunity to honor two hometown 9/11 heroes and to thank first responders and US Military members who answered the call.

For more information, please visit www.lessonsfrom911.org.

The City Clerk’s office is accepting applications for Boards and Commissions. To find out more about these positions, or to apply, please contact the City Clerk’s of fice at (408) 866-2117 or visit the city’s website at www.campbellca.gov.

The 12th Annual Caregivers Count Conference is a free virtual conference for families and friends caring for an older adult. This year's conference is a 4 -part series virtual event. The dates are Sept. 10, 17, 24 and Oct. 1, from 10:00 a.m.-12:00 p.m. The topics include self -care, strategies for dementia caregiving, long -term care, and fall prevention/home safety. The conference is free, an d registration is available at www.caregiverscount.net.

Live music is coming back to the Ainsley House this fall with a series of four concerts and talented musicians. Fall Garden Concerts begin in Septembe r and run through November. Latin Heat will perform September 8 followed by Tony Linds ay on October 23 and Brian Ho on November 13. Registration is required. For additional information, please visit www.campbellmuseums.com.

CONSENT CALENDAR

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

Items six and nine were pulled from the Consent Calendar.

The Consent Calendar was considered as follows:

1. Minutes of City Council Executive Session Meeting of August 16, 2022 Recommended Action: Approve the Executive Session meeting minutes of August 16, 2022.

This action approves the Executive Session meeting minutes of August 16, 2022. 4 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 3

2. Minutes of City Council Regular Meeting of August 16, 2022 Recommended Action: Approve the Regular meeting minutes of August 16, 2022.

This action approves the Regular meeting minutes of August 16, 2022.

3. Minutes of City Council Special Meeting of August 25, 2022 Recommended Action: Approve the Special meeting minutes of August 25, 2022.

This action approves the Special meeting minutes of August 25, 2022.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,932,252.46.

This action approves the b ills and claims in the amount of $4,932,252.46 as follows: bills and claims checks dated July 29, 2022, in the amount of $1,254,752.00; bills and claims checks dated August 1, 2022, in the amount of $248,045.59; payroll checks dat ed August 4, 2022, in the amount of 441,822.89; bills and claims checks dated August 5, 2022, in the amount of $1,692,250.24; bills and claims checks dated August 8, 2022, in the amount of $1,392,079.22; bills and claims checks dated August 12, 2022, in th e amount of $97,161.75; and bills and claims checks dated August 15, 2022, in the amount of $206,413.77.

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

This action notes and files the Monthly Transaction Report for July 2022.

7. Second Reading of Ordinance 2287 Approving a Zoning Map Amendment to Change the Zoning Designation from R-1-6 (Single-Family Residential) to P-O (Professio nal Office) for Property a t 1336 Parsons Avenue. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take second reading of Ordinance 2287 approving a Zoning Map Amendment to amend the Campbell Zoning Map designation for a portion of 1336 Parsons Avenue from R -1-6 (Single-Family Residential) to P-O (Professional Office). PLN-2020-64.

Ordinance 2287 approves a Z oning Map Amendment to amend the Campbell Zoning Map designation for a portion of 1336 Parsons Avenue from R -1-6 (Single-Family Residential) to P-O (Professional Office.)

8. Approval of Appointments to the Bicycle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution appointing Barton Smith and Catherine Brady to t he Bicycle and Pedestrian Advisory Committee (BPAC) for full terms expiring in August 2026.

Resolution 12886 appoints Barton Smith and Catherine Brady to the Bicycle and Pedestrian Advisory Committee (BPAC) for full terms expiring in August 2026. 4 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 4

M/S: Gibbons/Landry - That the City Council approve the Consent Calendar with the exception of items six and nine. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT

Mayor Resnikoff recused himself from Item six due to the proximity of his residence to the Police Department project site. He passed the gavel to Vice Mayor Bybee and left the Council Chambers.

6. Receive a Post Issuance Summary on 2022 Measure O Bond Sale Recommended Action: That the City Council receive a Post Issuance Summary on 2022 Measure O Bond Sale.

John Richards, Campbell resident, asked what a Post Issuance Summary is and how does it relate to Measure O.

Finance Director Fuentes provided a response to Mr. Richards stating the Post Issuance Summary gives the details from the 30 million in Me asure O bonds that were sold in June, 2022.

M/S: Gibbons/Landry – That the City Council receive a Post Issuance Summary on 2022 Measure O Bond Sale. The motion was approved unanimously by way of voice vote. (Mayor Resnikoff recused) RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee
RECUSED: Resnikoff
Mayor Resnikoff returned to the Council Chambers.

9. Update Campbell Water Tower Lighting Policy (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution updating the City of Campbell Water Tower Lighting Policy, Policy 1.29, to change the 9/11 color theme lights and to add the anniversary of the City of Campbell's incorporation to the annual lighting schedule.

Vice Mayor stated that regarding the colors for the City anniversary, historically the City colors were blue and gold and requested changing the policy to reflect those colors.

4 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 5 Additionally, Vice Mayor Bybee requested amending the Lighting policy to include that when the Mayor or his designee light’s the Tower for a special circumstance and it is not advantageous to include the council in that de cision, that the policy include a revision to note that the City Council shall be notified and that the City website and social media platforms be updated appropriately prior to the lighting of the Water Tower. The proposed language to the policy is as follows:

M/S: Gibbons/Landry – That the City Council adopt Resolution 12887 updating the Campbell Water Tower Li ghting Policy, Policy 1.29, to change the 9/11 color theme lights and to add the anniversary of the of Campbell’s incorporation to the annual lig hting schedule including amending the policy to reflect blue and gold as the City anniversary colors and to rev ise the policy with the following language: “Themed lighting for such instances will last for one evening and overnight period from sunset to sunrise, unless otherwise directed by the Mayor or his or her designee; and the decision to light the tower in the se circumstances will be shared with the City Council in advance of the lighting and will be announced in a post on the City’s social media outle ts in advance of the lighting.” The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

There were no public hearing and introduction of ordinances.

NEW BUSINESS

10. Consider Request for Special Event Permit f or Oktoberfest and Fee Waiver (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the issuance of a Special Event Permit for the Chamber of Commerce Oktoberfest subject to the findings and conditions of appro val as described in the resolution and provide direction to staff on the Fee Waiver Request.

Police Chief Berg presented a staff report dated September 6, 2022.

Ken Johnson, Executive Director of the Campbell Chamber of Commerce discussed his Oktoberfest fee waiver request, Chamber Special Event cost recovery and finances, and how Covid affected the Chamber.

4 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 6 City Manager Loventhal provided clar ification that fee waivers related to past Chamber events is not agendized for discussion. The purpose of the item is only to discuss Oktoberfest and its associated fee waiver.

Councilmember Gibbons was open to a 50% fee waiver for two years.

Vice Mayor Bybee felt the fe e waiver application was not complete as it did not include a profit/loss statement, nor is the organization in good standing as they still owe for their Boogie 2022 festival debt.

Councilmember Lopez was open to some type of fee waiver.

Councilwoman Landry would support a fee waiver for two years.

Mayor Resnikoff was supportive of the fee waiver providing the Chamber provides the necessary profit/loss statements.

The Council was supportive of granting a Special Event Permit to the Chamber for Oktoberfest.

Councilmember Gibbons motioned that the City Council adopt a resolution approving the issuance of a Special Event Permit for the Chamber of Commerce Oktoberfest, authorize a 25% fee reduction for one year, with a condition for the Chamber to provide additional financial information that would modify the financial agreement for paying back the full amount of what is owed, the Chamber and City Manager would come to an agreement on how the arrears would be paid, subject to proof of fi nancial documentation to allow up to a 50% reduction in the fees.

Mayor Resnikoff made a friendly amendment to revise language as follows:

That a Special Event Permit be issued for a one -year term at a 25% discount based on a mutually acceptable resoluti on with the City an d the Chamber of the Boogie debt, with a further review of the discount based on the profit/loss review with a deadline to bring back to Council on September 20.

The friendly amendment was accepted.

M/S: Gibbons/Lopez - That the City Council adopt resol ution 12888 approving the issuance of a Special Event Permit for the Chamber of Commerce Oktoberfest for a one -year term at a 25% discount based on a mutually acceptable resolution with the City and the Chamber of the 2022 Boogie debt, w ith a further revie w of the discount based on the profit/loss review with a deadline to bring back to the City Council on September 20.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
4 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR)

Minutes of September 6, 2022 City Council Meeting Page 7 SECONDER: Lopez
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez

UNFINISHED BUSINESS
There was no unfinished business.

COUNCIL COMMITTEE REPORTS

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

Councilwoman Landry attended the Education Subcommittee meeting, the Chamber event recognizing Desi restaurant; and the Valley Water Summit.

Councilmember Lopez attended the Silicon Valley Clean Energy Audit Committee; the Bay Area Air Quality Management Di strict Ad Hoc Committee; and was voted the Santa Clara County At -large Representative for the League of California Cities Peninsula Division.

Mayor Resnikoff attended the West Valley Clean Water JPA and the West Valley Solid Waste Authority JPA meetings.

Councilmember Gibbons attended the Education Subcommittee meeting; spoke about upcoming Historical Museum and Ainsley House events; Silicon Valley Clean Energy meetings.

Councilmember Gibbons requested that upcoming the Community Development Department workplan nexus studies include in-leu fees.

ADJOURN
Mayor Resnikoff adjourned the meeting at 8:49 PM.

APPROVED:

ATTEST:

Paul Resnikoff, Mayor

Andrea Sanders, City Clerk

4 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 6, 2022 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $842,381.81

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

Type Check Date Amount
Payroll August 18, 2022 $69,611.40
Bills & Claims August 19, 2022 $58,497.31
Bills & Claims August 22, 2022 $289,547.11
Bills & Claims August 29, 2022 $424,725.99
Total $842,381.81

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

Prepared by:

Celia Deniz, Accounting Clerk II
Item: 5
Category: CONSENT CALENDAR
Meeting Date: September 20, 2022
5 Packet Pg. 19
Approving Bills and Claims Page 2 of 2
5 Packet Pg. 20
Approved by:

Brian Loventhal, City Manager

City
Council
Report

TITLE: Water Tower Lighting Request - Teal Foundation

RECOMMENDED ACTION

That the City Council approve the Teal Foundation's Water Tower Themed Lighting Request application and direct staff to light the City of Campbell Water Tower teal on September 24, 2022 to raise awareness of ovarian cancer.

BACKGROUND

Council Policy 1.29, the Campbell Water Tower Lighting Policy, establishes protocols for themed lighting of the Campbell Water Tower that address the following situations:

a) Responsibility
b) National holidays and events recognized by the City c) Third party requests
d) Special events and other displays of recognition

The lighting of the Campbell Water Tower, in turn, helps the City of Campbell (City) raise awareness of national holidays and special events, and fosters a stronger sense of community for Campbell residents.

DISCUSSION

The Teal Foundation has submitted a Water Tower Themed Lighting Reque st application to request that the City light the Campbell Water Tower in teal for one night on Saturday, September 24, 2022, to raise awareness o f ovarian cancer (Attachment A).

The Teal Foundation is a local non -profit organization started by Laurie DeSimone (who has since passed away from ovarian cancer) which helps raise funds in support of cancer research and local support services.

The requested date is the day before the Teal Foundation’s “Teal Run” event, which is scheduled to be held at Campbell Park on Saturday, September 25, 2022. In addition to raising funds, the event provides a day of community support for the women and their families struggling with ovarian cancer.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: September 20, 2022
6 Packet Pg. 21
Water Tower Lighting Request - Teal Foundation Page 2 of 3 The City Council has previously approved applications from the Teal Foundation to light the Campbell Water Tower teal in September 2018 and September 2019.

Based on the purpose of the Campbell Water Tower Lighting Policy and the nature of the event , staff recommends approval of the Teal Foundation’s request to light the Campbell Water Tower teal.

FISCAL IMPACT

The City’s adopted fee schedule, effective July 1, 2022 , includes a Water Tower Lighting fee of $150 to help offset the City’s costs associated with processing applications for a Water Tower Themed L ighting Request. App roval of the Teal Foundation’s application would result in $150 of revenue to the General Fund. The Water Tower Lighting fee has not changed since first implemented January 1, 2019.

ALTERNATIVES
In lieu of approving the attached application, the City Council may elect to:

1. Reject the Teal Foundation’s application.

2. Select an alternate date for the requested lighting to occur.

3. Provide other direction to staff.

Prepared by:

Kira Fields, Administrative Analyst

Reviewed by:

Angelique Gaeta, Assistant City
Manager

Approved by:

Brian Loventhal, City Manager

6 Packet Pg. 22
Water Tower Lighting Request - Teal Foundation Page 3 of 3 Attachment:
a. Teal Water Tower Lighting Application - 9/24/22
6 Packet Pg. 23
... r- WATER TOWER THEMED LIGHTING REQUEST APPLICATION FORM ,_"i-'"'
'°

CITY OF CAMPBELL
u r-
�
,..0 **Applications must be submitted at least 30 days before requested date** ,s. .. . -
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llt•11�\lo
Themed lighting requests must not reflect the following:
• Promote or advance religion;
• Promote or advance unlawful discrimination based on race, ethnicity, gender, national origin, or sexual orientation and,
• For profit and private businesses and organizations.

NAME oF CONTACT PERsoN MAKING REauEsr /{4 IJ26 Des:.:5tot04e , ORGANIZATION/ APPLICANT NAME: � �O, / &,--20da.-h 0/)
ADDREss: /8 71 JN_ /J-/a111�1 ,Jc.2/-k, /oo
s.. .ha -S"o, e7 CA '7Sl.2 �
PHONE: (:ft>� 3'l2,.- U.L2. ·
E-MAIL �/2,l@ cdalwi,co,n
WEBSITE (OPTIONAL): --ttJe-ten �Jqfu:yz °:J
Please include a description of your organization.
on behalf of
�0../J
C«l2tCe.C /'�rch aad looal ,-:,_;t?j2-�c+ aon--'tnes I
I - .

Explain the reason(s) for this request. Describe the event associated with your organization's request.
-5

6.a
Packet Pg. 24
Attachment: Teal Water Tower Lighting Application - 9/24/22 (Water Tower Lighting Request - Teal Foundation)

6.a
Packet Pg. 25
Attachment: Teal Water Tower Lighting Application - 9/24/22 (Water Tower Lighting Request - Teal Foundation)

City
Council
Report

TITLE: Amendment to the Classification and Salary Plan - Recreation Supervisor (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt the R esolution amending the Classification and Salary Plan for Recreation Supervisor.

DISCUSSION

As recruitments become necessary , Human Resources continues to revise and update job descriptions as appropriate; specifically related to specific tasks performe d as they currently exist. Human Resources is responsible for evaluating and classifying the duties and responsibilities of every employee’s position. The Recreation Supervisor classification was established in 1979 and has not been updated since 2016. I n the latest classification study, the current job specifications for this classification are not comparable to the current labor market. Due to the long period of time since the last amendment, some changes to the job descriptions are proposed. Staff bel ieves the proposed changes reflect a more accurate description of the job.

A recruitment for this vacant position will take place in October 20 22. This position has been authorized by Council to be filled within the Fiscal Year (FY) 2023 Adopted Budget. In preparation for the recruitment, a revision to the job description is necessary to attract the best candidates.

The attached resolution proposes changes to the class specification of Recreation Supervisor.

FISCAL IMPACT

Staff recommendations do not include any adjustments to salary ranges and each position is funded in the FY 2023 Adopted Budget. As such, no budgetary adjustments are necessary.

ALTERNATIVES

1. Do not amend the Classification and Salary Plan by modifying the attached class Item: 7
Category: CONSENT CALENDAR
Meeting Date: September 20, 2022
7 Packet Pg. 26
Amendment to the Classification and Salary Plan Page 2 of 2 specification.

2. Recommend alternative changes to the class specification.

Prepared by:

Jenny Le-Christensen, HR Manager

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution_Classification and Salary Plan_Update
b. RecreationSupv_clean
c. RecreationSupv_redlined
7 Packet Pg. 27
RESOLUTION NO. __________

RESOLUTION AMENDING THE CLASSIFICATION AND SALARY PLAN

WHEREAS, the City Manager is required by Section 2.12.030 of the Campbell Municipal code to prepare and submit to the City Council recommendations for the reorganization of offices, departments, and positions which are considered to be in the best interest of efficient, effective and economical conduct of the municipal services provided by the City; and

WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code prov ides that the City Council may, from time to time, by resolution, change the compensation of employees of said City, and may, by resolution, adopt salary and wage scales; and

WHEREAS, a review has been conducted; and

WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Municipal Code Section 2.12.030.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve the revision of the class specification for Recreation Supervisor.

PASSED AND ADOPTED this 20th day of September 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Paul Resnikoff, Mayor
ATTEST:

Andrea Sanders, City Clerk

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Attachment: Resolution_Classification and Salary Plan_Update (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: September 20, 2022

RECREATION SUPERVISOR

DEFINITION

Under general direction of the Director or Recreation Manager of the Recreation and Community Services Department, to plan, organize, direct, promote, supervise, and evaluate all aspects of the assigned division within the Recreation and Community Services Department. The Recreation Supervisor ensures safe work practices ; handles escalated customer concerns; actively participates in department and Citywide events and initiatives; serves as staff liaison for assigned Commissions and Committees; represents the Department with other agencies and community groups; and performs other related duties as required.

TYPICAL DUTIES

Plan, organize, coordinate, and direct the planning, development, and implementation of recreational and other community service programs ; Coordinate, supervise, and evaluate day-to-day operations of assigned area of responsibility ensuring that programs and services meet the needs of the community ; Prepare budgetary estimates as they relate to assigned area of responsibility; monitor division budgets a nd ensure that expenditures are in line with approved budget and revenue targets are being met ; Exercise direct supervision over full - time, part -time, and hourly recreation personnel and independent contractors ; Select, supervise, train, and evaluate subor dinate staff and volunteers ; Prepare, negotiate, and supervise a variety of contracts with service providers ; Survey community recreational resources and needs; assess and determine priorities and interest in community programs; develop and recommend new c ommunity service and recreation programs as needed ; Develop policies and procedures for operational activities within assigned area of responsibility; Organize special events located at the Campbell Community Center ; participate in the design, preparation , and distribution of program publicity, including press releases, social media, website, flyers and activity guide ; Prepare and submit reports and memoranda for presentation to City Commissions, Committees, and City Council ; Manage and direct use and maintenance of facilities related to assigned area of responsibility ; Serve on assigned City committees and provide staff support to a Commission or Board as assigned; Represent Department and/or City on local, State, and national committees, professional organizations, advocacy groups, and/or other related groups; Perform other duties of similar nature or level.

Positions assigned to Recreation Services may be responsible for managing the Campbell Community, including all programs, facilities and personnel issues related to the facility; D eveloping and supervis ing multiple program areas including, but not limited to:

Facility rental program (room rentals; gym and field allocations; non -exclusive use permits, picnic rentals); Sports (youth, adults, leagues, drop-in); Skatepark; Fitness (classes, drop-in, fun runs); Aquatics (lap swim, swim lessons, year-round swim team, water exercise classes, junior lifeguards); Youth and Teens (pre -school, summer day camp, Youth Commission); Special interest classes for youth and adults; Special events (citywide and permitting); and/or other program areas as assigned ; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

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Attachment: RecreationSupv_clean (Amendment to the Classification and Salary Plan) Positions assigned to Museum Services may be responsible for managing the Campbell Historical Museum and Ainsley House, including all programs, facilities and personnel issues related to the facility ; Developing and supervising multiple program areas including, but not limited to: Educational school programs; conservation and documentation of collection items; Museum Exhibits; Museum admission and tours; and Garden rental program; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

Positions assigned to Adult Services may be responsible for managing the Adult Center, including all programs, facilities and personnel issues related to the facility ; Developing and supervising multiple program areas including, but not limited to: County Nutrition Program (congregate lunch program); Adult Center memberships, 50+ activities, 50+ trips, volunteers, 50+ classes and events and Case management ; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

EMPLOYMENT STANDARDS

Education and Experience: Graduation from an accredited college or university with major work in recreation/leisure services or closely related field, and equivalent of t h r e e years of full- time related experience in recreation/leisure services including significant supervisory experience.

Knowledge of: Current trends, techniques, principles , and procedures used in the development of recreation/leisure management and facility management. Budgeting principles, contract administration practices, princ iples of human resources, and best practices within the parks and recreation profession. Techniques for dealing effectively with the public, contractors, elected officials , and City staff, in person, via email and over the telephone.

Ability to: Work independently; speak and write effectively; establish and maintain effective working relations with other employees, municipal officials, school district personnel, and the public; develop and operate programs; organize, prioritize, and evaluate work; supervise and direct staff; gain the cooperation of other agencies and groups ; and analyze problems quickly and draw logical conclusions, plan, and implement an effective course of action.

Possession of: Valid California Driver's License.

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Attachment: RecreationSupv_clean (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: September 20, 2022

RECREATION SUPERVISOR

DEFINITION

Under general direction of the Director or Recreation Manager of the Recreation and Community Services Department, to plan, organize, d i r e c t , p r o m o t e , and supervise, and evaluate all aspects of the assigned division within the Rrecreation component of the and Community Services ProgramDepartment.; and to do related work as required. The Recreation Supervisor ensures safe work practices ; handles e scalated customer concerns; actively participates in department and Citywide events and initiatives; serves as staff liaison for assigned Commissions and Committees; represents the Department with other agencies and community groups; and performs other related duties as required.

TYPICAL DUTIES

• Organizes, develops, supervises, and coordinates recreation program activities; recruits, trains, and supervises part time and contract employees; coordinates adult and youth special interest classes; coordinates the use of facilities for recreation activities with local school districts; plans and organizes adult sports activities; develops and prepares reports as required; organizes youth activity programs; organizes and supervises summer day camp and holiday camps; prepares and controls equipment inventory; coordinates public information concerning recreation programs, including news releases, informational flyers, and program brochures; participates in local recreational planning organizations/committees and advisory groups; organizes City wide special events; and performs other related duties as required.

Plan, organize, coordinate, and direct the planning, development , and implementation of recreational and other community service programs ; Coordinate, supervise, and evaluate day-to-day operations of assigned area of responsibility ensuring that programs and services meet the needs of the community ; Prepare budgetary estimates as they relate to assigned area of responsibility; monitor division budgets and ensure that expenditures are in line with approved budget and revenue targets are being met ; Exercise direct supervision over full - time, part -time, and hour ly recreation personnel and independent contractors ; Select, supervise, train, and evaluate subordinate staff and volunteers ; Prepare, negotiate, and supervise a variety of contracts with service providers ; Survey community recreational resources and needs; assess and determine priorities and interest in community programs; develop and recommend new community service and recreation programs as needed ; Develop policies and procedures for operational activities within assigned area of responsibility; Organize special events located at the Campbell Community Center ; participate in the design, preparation, and distribution of program publicity, including press releases, social media, website, flyers and activity guide ; Prepare and submit reports and memoranda for presentation to City Commissions, Committees, and City Council ; Manage and direct use and maintenance of facilities related to assigned area of responsibility ; Serve on assigned City committees and provide staff support to a Commission or Board as assigned; Represent Department and/or City on local, State, and national committees, professional organizations, advocacy groups, and/or other related groups; Perform other duties of similar nature or level.

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Attachment: RecreationSupv_redlined (Amendment to the Classification and Salary Plan)

Positions assigned to Recreation Services may be responsible for managing the Campbell Community, including all programs, facilities and personnel issues related to the facility; Developing and supervising multiple program areas including, but not limited to:

Facility rental program (room rentals; gym and field allocations; non-exclusive use permits, picnic rentals); Sports (youth, adults, leagues, drop-in); Skatepark; Fitness (classes, drop-in, fun runs); Aquatics (lap swim, swim lessons, year-round swim team, water exercise classes, junior lifeguards); Youth and Teens (pre-school, summer day camp, Youth Commission); Special interest classes for youth and adults; Special events (citywide and permitting); and/or other program areas as assigned; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

Positions assigned to Museum Services may be responsible for managing the Campbell Historical Museum and Ainsley House, including all programs, facilities and personnel issues related to the facility; Developing and supervising multiple program areas including, but not limited to: Educational school programs; conservation and documentation of collection items; Museum Exhibits; Museum admission and tours; and Garden rental program; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

Positions assigned to Adult Services may be responsible for managing the Adult Center, including all programs, facilities and personnel issues related to the facility; Developing and supervising multiple program areas including, but not limited to: County Nutrition Program (congregate lunch program); Adult Center memberships, 50+ activities, 50+ trips, volunteers, 50+ classes and events and Case management; Serving as staff liaison to one or more Commissions, Committees, Non-Profit Group as assigned.

EMPLOYMENT STANDARDS

Education and Experience: Graduation from an accredited college or university with major work in recreation/leisure services or closely related field, and equivalent of one t h r e e years of full - time related experience in recreation/leisure services including significant supervisory experience.

Principles and practices of recreation/leisure services and public relations.

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Attachment: RecreationSupv_redlined (Amendment to the Classification and Salary Plan) work; supervise and direct staff; gain the cooperation of other agencies and groups ; and analyze problems quickly and draw logical conclusions, plan, and implement an effective course of action.

Possession of: Valid California Driver's License.

Est. ’79

Est. ’79;Rev. 2/16, 9/22
J:\Specs\RecreationSupv

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Attachment: RecreationSupv_redlined (Amendment to the Classification and Salary Plan)

City
Council
Report

TITLE: Approval of Consultant Agreement with Management Partners for Procurement Services and Dispensing of Bidding Requirements as Specified in Campbell Municip al Code Section 3.20.030(4) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the City Manager to enter into a Consultant Agreement with Management Partners for procurement process evaluation services and dispense with bidding requirements as authorized by Campbell Municipal Code Section 3.20.030(4) for specialized services.

BACKGROUND

On January 18, 2022, staff provided City Council with a preliminary assessment of the City’s purchasing policies, proced ures, systems, and resources. For reference purposes, a copy of the January 2022 assessment is shown as Attachment D. At that time, staff recommended hiring an outside consultant to more fully assess the City’s purchasing policies, procedures, and system s, offer recommendations for revisions where necessary to bring into alignment with best practice, state and federal guidelines, and other related City policies (such as Travel/Training and Credit Card Usage) , and perform a needs assessment to determine th e appropriate staffing resources and structure to have an efficient and effective City purchasing function . Staff further recommended entering into a one -year Consultant Agreement with Management Partners, an expert in public sector purchasing, to perform these duties for an amount not to exceed $89,000 and requested a FY 2022 budget adjustment in that amount.

While Council was supportive of the initiative, they expressed concerns with the timing and directed staff to instead place it for consideration i nto the FY 2023 budget process.

Staff did just that and as a result, $89,000 for this initiative is included in the FY 2023 Adopted Budget under the Finance Department (Acct. # 101.535.7430). Additionally, the following Workplan item was also assigned to the Finance Department in FY 2023:

In coordination with an outside consultant, fully assess the City’s policies, procedures, and systems, offer recommendations for revisions where necessary to bring into alignment with best practice, state and federal guidelines, and other related City policies, and perform a needs assessment to determine the appropriate staffing resources and structure Item: 8
Category: CONSENT CALENDAR
Meeting Date: September 20, 2022
8 Packet Pg. 34
Procurement Services - Management Partners Page 2 of 4
to have an efficient and effective City purchasing function. [Council Priority – Financial Stability]

DISCUSSION

Staff c ontinues to consider a full assessment of the City’s purchasing policies, procedures, systems, and resources to be a critical and high value initiative for FY 2023. As such, staff again proposes entering into a one -year Consultant Agreement with Managemen t Partners, an expert in public sector purchasing, to perform these duties for an amount not to exceed $89,000 . Please see Attachment B for the draft agreement and Attachment C for the updated proposal from Management Partners. The pricing and lead advisor (Pete Gonda) in the proposal have remained the same since January 2022 , but the secondary advisor/analyst has changed. Nevertheless, staff continues to believe Management Partners is ideally suited for this assignment and they have helped 20 jurisdiction s in five states since 2017 to review, analyze, and improve their purchasing polices, procedures, and systems. Notable local clients include the Cities of Palo Alto and Milpitas. Additionally, Mr. Gonda is a retired public sector official with over 20 yea rs’ experience in municipal government having worked in Sunnyvale’s Department of Public Safety, the City of San Jose’s Office of Economic Development, and the City of Saratoga’s City Manager’s Office. He is also a Certified Public Procurement Officer (CPP O) with the California Association of Public Procurement Officials (CAPPO) and his career had an emphasis on analytics, budgeting, procurement management, contracts and performance measurement. Mr. Gonda is a recognized and respected leader in the public sector procurement field and a person that others often seek out for advice and best practices.

An intended outcome of the consulting engagement is for the City to reduce time and expense through more effective, efficient, and fiscally strong purchasing policies, procedures, and systems. This will be a long -term benefit to the City. A secondary potential outcome is for the consultant to identity appropriate purchasing resource needs to include for consideration within the FY 2024 budget process. The asse ssment process is expected to take four to six months, involving key purchasing stakeholders from every department, and should be completed in time to inform the FY 2024 budget process.

And lastly , staff also recommends that the City Council approve the enclosed resolution (Attachment A) and dispense with bidding requirements under Section

3.20.30(4) of the CMC , which states that bidding requirements may be dispensed with when:

The City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required.

8 Packet Pg. 35
Procurement Services - Management Partners Page 3 of 4
Management Partners and Mr. Gonda are providing financial consulting services and are ideally suited to this work. They are the leaders in their field and staff is not aware of other vendors who bring as much experience, skill, and positive client accolades.

FISCAL IMPACT
The total cost of a consultant services agreement with Managem ent Partners will be in an amount not to exceed $89,000. Within this total amount, $61,000 is the primary fee to fully assess the City’s policies, procedures, and systems, offer recommendations for revisions, and perform a resource needs assessment. $28, 000 is for as needed technical support and advice to City staff during this evaluation period at an hourly rate and may or may not be fully used over the course of the engagement . An intended outcome of th e consulting engagement is for the City to reduce time and expense through more effective, efficient, and fiscally strong purchasing policies, procedures, and systems. Thus, this will be a long-term benefit to the City.

ALTERNATIVES

1. Do not enter into a consultant agreement and instead direct staff to perform any assessments of procurement policies, procedures, and systems internally. This with lengthen the time required to complete the assessment due to limited staff capacity and bandwidth and could conflict with competing priorities.

2. Direct staff to prepare a competitive bid process such as a Request for Proposal (RFP) or Request for Qualifications (RFQ) for procurement services. This will lengthen the time to procure a consultant and the assessment may not be completed in time to inform the FY 2024 budget process.

3. Provide staff with other direction.

Prepared by:

Will Fuentes, Finance Director
Approved by:
8 Packet Pg. 36
Brian Loventhal, City Manager
Procurement Services - Management Partners Page 4 of 4
Attachment:
a. Resolution
b. Draft Consultant Services Agreement - Management Partners c. Management Partners Purchasing Assessment Proposal
d. Agenda Report - Tuesday, January 18, 2022
8 Packet Pg. 37
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING

THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT

WITH MANAGEMENT PARTNERS TO PROVIDE PROCUREMENT SERVICES

EVALUATION AND DISPENSE WITH THE BIDDING PROCEDURES AS
AUTHORIZED BY CAMPBELL MUNICIPAL CODE SECTION 3.20.0 30(4) FOR

SPECIALIZED SERVICES
WHEREAS, Section 3.20 of the Campbell Municipal Code (CMC) details City Purchasing Procedures and is further clarified by City Council Policy Section 3 (Purchasing) and City Administrative Policy Section 1.8 (Purchasing Procedures and Payment Methods); and
WHEREAS, historically within the City of Campbell, purchasing has been decentralized amongst all City departments with some Purchasing Officer duties being assigned to the Deputy City Manager; supported by the Administrative Analyst and the Executive Assistant within the City Manager’s Office as well as Accounts Payable (AP) staff within the Finance Department; and
WHEREAS, The City of Campbell desires to review its purchasing policies, procedures and practices compared with industry standards and best practices; and WHEREAS, The intended review requires specialized knowledge of applicable laws and best practices in the industry; and
WHEREAS, Management Partners and their lead Project Manager Pete Gonda are ideally suited to perform these duties; and
WHEREAS, the purchasing procedu res outlined in the City’s Municipal Code (CMC) Section 3.20.030(4) state that bidding requirements may be dispensed with when “the City seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrati ve or other matters from persons specially trained, experienced and competent to perform the special services required”; and THEREFORE BE IT RESOLVED , that the City Manager is authorized to execute a Consultant Services Agreement with Management Partners for purchasing services and dispense with the bidding procedures specified in Campbell Municipal Code Section

3.20.030(4).

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

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:

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Packet Pg. 38
Attachment: Resolution (Procurement Services - Management Partners) ___________________________
Paul Resnikoff, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Procurement Services - Management Partners) -1-

C ITY OF CAMPBELL

CO NSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the 21st day of September, 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and Management Partners (hereinafter referred to as "Consultant").

W
HEREAS, City desires to obtain consulting services for the purpose of fully assessing the City’s procurement policies, procedures, and systems, offer ing recommendations for revisions where necessary to bring into alignment with best practice, state and federal guidelines, and other related City policies, and perform ing a needs assessment to determine the appropriate staffing resources and structure to have an efficient and effective City procurement function; and WH
EREAS, Consultant represents that it has the expertise, means, and ability to perform said procurement consulting services;
N
OW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUT

IES OF CONSULTANT

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

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

1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for complianc e wi th 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 reasona ble 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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Attachment: Draft Consultant Services Agreement - Management Partners (Procurement Services - Management Partners) -2-

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 projec t ma nager for Consul tant shall be Pe te Gonda . The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator . The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other mat ters related to the performance of this agreement on behalf of Consultant.

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

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

2. DUTIES OF CITY

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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 t o act in its behalf.

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

3. COMPENSATION

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

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

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

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

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

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

4. SUBCONSULTANTS

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

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

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

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

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5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/ or its subconsultants in the performance of the services encompassed in this Agre ement (whether in pr inted 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 Cons ultant or its sub contractors. City acknowledge s that such drawings, documents, and other items are instruments of pro fessional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creatio n of the P roject-related document s and mater ials pursuant t o this Agreement sha ll be vested in th e City and waives and relinquis hes all claims to copyright or other intellectual property rights in favor of th e City. Any project-related documents and mater ials related to this A greement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be enti tled to receive, and Consul tant shall pr omptly 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 Consulta nt’s possession, custody or control . Consultant may retain c opies of said documents and materials for its file s. In the event of termination, any dispute regarding compensation or dama ges shall not hinder, prevent, or otherwise impa ct the City’s right to promptly r eceive and use such docu ments and materials which a re the sole and exclusive property of the City.

6. TERMINATION

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

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

6.3 Upon notice of termination by City , the Consultant wil l immediately act to not incur any 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 wi ll become property of the City upon the t ermination date. In the eve nt of Consultant’s failure to perform pursu ant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the 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 s ustained by City due to failure of the Consultant to perform pursu ant to

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

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

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

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

9. INSURANCE AND INDEMNIFICATION

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

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

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

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

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

The foregoing indemni ty provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there s hall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultan t 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 s hall maintain insurance conforming to the follo wing specifications to the fullest amount allowed by law for a minimum of three ( 3) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

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

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

1. General Liabil ity: $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, e ither the general aggr egate li mit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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10. MISCELLANEOUS

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

10.2 N either 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 s top notice rights, which Consultant may have for the performance of servic es pur suant to this Agreement.

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

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

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

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

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

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

10.10 Consultant owes t he City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or p articipating in activities that conf lict with the City’s interests in respect to the work and/or services and project. The Cons ultant 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 performanc e of services under this agreement . Consultant sh all not make or participate in making or in any way atte mpt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indire ct financial in terest other than t he compensati on promised by this Agreement.

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

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

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

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

10.14 Consultant war rants that Consultant, its s ubcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

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

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

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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

CONSULTANT

/s/__________________________________

Name_Jerry Newfarmer

Title_President and CEO _______________

CITY OF CAMPBELL

/s/__________________________________

Name_Brian Loventhal_________________

Title_City Manager ___________________

Approved as to Form

/s/__________________________________
City Attorney

Name_William Seligmann ______________

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Exhibit A - Scope of Services and Fees

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

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

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

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

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

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

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1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 August 26, 2022

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

Dear Mr. Fuentes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This work will likely be conducted virtually.

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

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

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

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

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

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

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

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

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

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If this activity is included, we will:

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

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

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

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

Our Team
Our core team of associates assigned to this project all possess relevant experience, including many years of public service and consulting expertise. Jan Perkins will serve as project director and will oversee the substantive work of the project. Pete Gonda will serve as project manager and will be responsible for execution of the project. They will be supported by Steve Mermell, along with our analyst staff. The qualifications of our team members are briefly summarized below. If the City desires services under Part B, Pete Gonda will be the primary associate providing services.

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

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

Pete Gonda, Special Advisor
▪ More than 20 years of experience in municipal government, with an emphasis on analytics, budgeting, procurement management, contracts and performance measurement.
▪ Holds professional procurement certification (Certified Public Procurement Officer (CPPO))
▪ Served as purchasing officer for the City of Sunnyvale, California for nine years, where he managed an award-winning centralized purchasing division with $42 million in annual operational spending. Bid and awarded $80 million in capital projects under a federally funded local economic stimulus program at a 30% savings and implemented continuous process improvements for a variety of services. ▪ Served as a senior management analyst in Sunnyvale’s Finance Department, where his responsibilities included intergovernmental relations, policy analysis and revenue/expense management, including cost of service studies and related activities. ▪ Also worked in Sunnyvale’s Department of Public Safety, the City of San Jose’s Office of Economic Development, and the City of Saratoga’s City Manager’s Office. ▪ Since joining Management Partners in 2017, Pete has assisted more than 20 jurisdictions in 7 states to improve their procurement functions. Additionally, Pete has assisted with many engagements including finance and public works department assessments; budget and funding analyses/strategies; citywide innovation and efficiency studies; strategic planning sessions; and homelessness operational plans.
▪ Developed/conducted requests for proposals processes for various clients’ land use studies, engineering design services, and operational outsourcing.

Steve Mermell, Special Advisor
▪ More than 30 years of local government experience, including service as a city manager, assistant city manager, finance director, as well as a variety of other management positions.
▪ Expert in local government financial management; developed and implemented strategies to address structural budget deficits.

Developed a funding plan to address a $150 million unfunded pension liability. During the 2009 financial crisis, managed the refinancing of $270 million in auction-rate certificates.
▪ Successfully obtained voter approval for measures related to an increase in local sales tax, cannabis regulation and taxation, a special tax to support library operations, and continuation of annual transfers from power utility fund to the city’s general fund. ▪ As assistant city manager restructured the Pasadena Public Health Department; eliminated millions of dollars of annual losses by shifting clinical programs to non-profit partners while improving service delivery. As city manager oversaw departments’ responses to the COVID-19 pandemic.

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

Part A: Fee for Purchasing System Assessment
We will complete the plan of work described above for Activities 1 through 5 working remotely, unless an onsite presence is needed and permitted by public-health guidelines related to the pandemic. The cost of this project for activities 1 through 5 is $37,500, which includes all fees and expenses. Optional activities A and B are separately priced in the table below and would add $23,500 for a total project cost of $61,000. The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.

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

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

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

Sincerely,

Jerry Newfarmer
President and CEO

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Accepted for the City of Campbell by:

Name: _________________________________________

Title: _________________________________________

Date: _________________________________________

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

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8.d
Packet Pg. 63
Attachment: Agenda Report - Tuesday, January 18, 2022 (Procurement Services - Management Partners) /0/1/2/3/4/1/5/6/5/7/8/i255/10/5/1/11/12/3/5/13/i255/14/i255/15/16/7/16/17/5/6/5/7/8/i255/0/16/1/8/7/5/1/13/i255/18 /19/20/21/i255/23/i255/24/25/i255/26/i255 /28/25/25/29/30/21/31/32/i255/33/34/35/21/31/36/32/i255/19/37/38/i255/24/39/40/21/31/i255/36/34/41/41/24/31/39/i255/36/39/19/25/25/i255/19/36/i255/37/21/30/21/36/36/19/31/35/i255/42/19/36/21/38/i255/24/37/i255/39/40/21/i255/36/29/43/21/i255/19/37/38/i255/30/24/44/41/45/21/46/29/39/35/i255 /24/25/i255/39/40/21/i255/24/31/20/19/37/29/43/19/39/29/24/37/47/i255/48/24/31/i255/21/46/19/44/41/45/21/32/i255/19/i255/25/34/45/45/i255/36/21/31/49/29/30/21/i255/30/29/39/35/i255/50/29/39/40/i255/19/i255/45/19/31/20/21/i255/41/24/41/34/45/19/39/29/24/37/i255/44/19/35/i255/40/19/49/21/i255 /20/31/21/19/39/21/31/i255/41/34/31/30/40/19/36/29/37/20/i255/37/21/21/38/36/i255/39/40/19/37/i255/19/i255/36/44/19/45/45/21/31/i255/30/29/39/35/i255/39/40/19/39/i255/30/24/37/39/31/19/30/39/36/i255/24/34/39/i255/36/21/31/49/29/30/21/36/i255/36/34/30/40/i255/19/36/i255/18/24/45/29/30/21/i255 /19/37/38/i255/48/29/31/21/47/i255/i255/51/37/38/i255/38/34/21/i255/39/24/i255/29/39/36/i255/25/29/38/34/30/29/19/31/35/i255/37/19/39/34/31/21/32/i255/41/34/31/30/40/19/36/29/37/20/i255/29/36/i255/24/25/39/21/37/i255/19/i255/25/34/37/30/39/29/24/37/i255/24/25/i255/39/40/21/i255/48/29/37/19/37/30/21/i255 /52/21/41/19/31/39/44/21/37/39/47/i255/i255/i255
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8.d
Packet Pg. 64
Attachment: Agenda Report - Tuesday, January 18, 2022 (Procurement Services - Management Partners) /0/1/2/3/4/1/5/6/5/7/8/i255/10/5/1/11/12/3/5/13/i255/14/i255/15/16/7/16/17/5/6/5/7/8/i255/0/16/1/8/7/5/1/13/i255/18 /19/20/21/i255/23/i255/24/25/i255/26/i255 /28/29/30/31/32/21/30/33/24/30/21/34/i255/35/31/19/25/25/i255/30/21/36/24/33/33/21/37/38/35/i255/31/32/19/31/i255/31/32/21/i255/39/40/31/41/i255/19/42/42/30/24/43/21/i255/31/32/21/i255/21/37/36/44/24/35/21/38/i255/30/21/35/24/44/29/31/40/24/37/i255 /45/46/47/47/48/49/50/51/52/53/47/i255/46/55/i255/19/37/38/i255/38/40/35/42/21/37/35/21/i255/56/40/31/32/i255/57/40/38/38/40/37/20/i255/30/21/58/29/40/30/21/33/21/37/31/35/i255/29/37/38/21/30/i255/59/21/36/31/40/24/37/i255/23/60/61/62/60/23/62/45/26/55/i255/24/25/i255 /31/32/21/i255/39/63/39/i255/56/32/40/36/32/i255/35/31/19/31/21/35/i255/31/32/19/31/i255/57/40/38/38/40/37/20/i255/30/21/58/29/40/30/21/33/21/37/31/35/i255/33/19/41/i255/57/21/i255/38/40/35/42/21/37/35/21/38/i255/56/40/31/32/i255/56/32/21/37/i255/64/31/32/21/i255/39/40/31/41/i255 /35/21/21/65/35/i255/31/32/21/i255/35/42/21/36/40/19/44/i255/35/21/30/43/40/36/21/35/34/i255/36/24/37/35/29/44/31/19/31/40/24/37/i255/24/30/i255/19/38/43/40/36/21/i255/40/37/i255/25/40/37/19/37/36/40/19/44/34/i255/21/36/24/37/24/33/40/36/34/i255/19/36/36/24/29/37/31/40/37/20/34/i255 /21/37/20/40/37/21/21/30/40/37/20/34/i255/44/21/20/19/44/34/i255/19/38/33/40/37/40/35/31/30/19/31/40/43/21/i255/24/30/i255/24/31/32/21/30/i255/33/19/31/31/21/30/35/i255/25/30/24/33/i255/42/21/30/35/24/37/35/i255/35/42/21/36/40/19/44/44/41/i255/31/30/19/40/37/21/38/34/i255 /21/66/42/21/30/40/21/37/36/21/38/i255/19/37/38/i255/36/24/33/42/21/31/21/37/31/i255/31/24/i255/42/21/30/25/24/30/33/i255/31/32/21/i255/35/42/21/36/40/19/44/i255/35/21/30/43/40/36/21/35/i255/30/21/58/29/40/30/21/38/60/67/i255/63/19/37/19/20/21/33/21/37/31/i255 /18/19/30/31/37/21/30/35/i255/19/37/38/i255/63/30/60/i255/68/24/37/38/19/i255/19/30/21/i255/42/30/24/43/40/38/40/37/20/i255/25/40/37/19/37/36/40/19/44/i255/36/24/37/35/29/44/31/40/37/20/i255/35/21/30/43/40/36/21/35/i255/19/37/38/i255/19/30/21/i255/40/38/21/19/44/44/41/i255 /35/29/40/31/21/38/i255/31/24/i255/31/32/40/35/i255/56/24/30/65/60/i255/i255/69/32/21/41/i255/19/30/21/i255/31/32/21/i255/44/21/19/38/21/30/35/i255/40/37/i255/31/32/21/40/30/i255/25/40/21/44/38/i255/19/37/38/i255/35/31/19/25/25/i255/40/35/i255/37/24/31/i255/19/56/19/30/21/i255/24/25/i255/24/31/32/21/30/i255 /43/21/37/38/24/30/35/i255/56/32/24/i255/57/30/40/37/20/i255/19/35/i255/33/29/36/32/i255/21/66/42/21/30/40/21/37/36/21/34/i255/35/65/40/44/44/34/i255/19/37/38/i255/42/24/35/40/31/40/43/21/i255/36/44/40/21/37/31/i255/19/36/36/24/44/19/38/21/35/60/i255 /i255
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Attachment: Agenda Report - Tuesday, January 18, 2022 (Procurement Services - Management Partners) City
Council
Report
TITLE: Temporary Authorization of Outdoor Dining on Private Property

RECOMMENDED ACTION
That the City Council adopt a resolution providing temporary authorizat ion of outdoor dining on private property as originally authorized under the Declaration of a local emergency resulting from community spread of COVID-19 in the City of Campbell.

BACKGROUND
In association with the COVID 19 Public Health Crisis , the City Council adopted a Declaration of Local Emergency in March 2020 and subsequently adopted several resolutions intended to support local businesses by allowing flexibility in the use of outdoor spaces operations and types of uses allowed . This included the a doption of resolutions authorizing outdoor seating within the public right of way downtown (parklets) and the use of private outdoor spaces such as parking lots by businesses for retail, restaurant, or other commercial uses . Specifically, the following fi ve resolutions have continued to apply under the Declaration of Local Emergency – Resolution 12580 - Setting forth code enforcement priorities during COVID - 19 emergency;
Resolution 12594 - Setting forth enforcement priorities affecting retail and restaurant businesses outside of the downtown area during COVD -19 emergency;
Resolution 12595 – Setting forth enforcement priorities affecting downtown retail and restaurant businesses during COVID-19 emergency; Resolution 12620 - Temporarily suspending a nd designating parking restrictions and prohibitions pursuant to Campbell municipal code chapter

10.24 and authorizing temporarily closing the 100, 200, 300, and 400 blocks of East Campbell Avenue to motor vehicle traffic pursuant to California Vehicle Cod e section 21101 to facilitate outdoor business and setting forth enforcement priorities affecting downtown businesses during the COVID -19 emergency;
• Resolution 12623 - Setting forth enforcement priorities affecting all business outside of the downtown area during COVD-19 emergency.

DISCUSSION
Item: 9
Category: CONSENT CALENDAR
Meeting Date: September 20, 2022
9 Packet Pg. 67
Temporary Authorization of Outdoor Dining on Private Property Page 2 of 3 Since March 2020, the Council has consistently adopted extensions to the Local Declaration of Emergency, extending the Declarations every 60 days as required by State Law. The Council last extended the Local Declara tion of Emergency on July 5, 2022, with an expiration date of September 27, 2022. As the rate of Covid 19 infections has significantly slowed, staff is recommending that the City Council does not extend the Local Declaration of Emergency. As a result, t he Local Declaration of Emergency would subsequently expire on September 29, 2022.

However, staff recognizes that there are certain authorizations allowed under the Declaration of Local Emergency that should be temporarily extended, even in the absence of the Emergency Declaration. Specifically, under Resolutions 12594, 12595, and 12623, retail, restaurants, and other commercial businesses have been able to use private outdoor spaces for operations, such as outdoor dining within a parking lot, both within the Downtown and the rest of the city. Staff recently surveyed how many businesses continue to use private outdoor space for operations and has identified sixteen businesses, including fifteen restaurants, and one fitness facility. Of these, seven are located in the Pruneyard, two are Downtown, and the remaining are in other shopping centers in the city. The authorizations addressed under Resolutions 12580 and 12620 are either no longer relevant or have been separately addressed through the Semi-Permanent Parklet program.

Staff has not yet conducted any outreach to these businesses, including identifying options to permanently allow the use of the private outdoor space or to identify a timeline to remove the facilities and restore the spaces. As such, staff is recommending the Council adopt a resolution continuing to de -prioritize code enforcement actions affecting the use of private outdoor space by these businesses, to remain in effect for another six months, expiring March 27, 2023 . Staff reco mmends that the resolution only allow continued use of outdoor private space by restaurants, as they represent 15 of the 16 businesses that continue to operate in these spaces.

In the next six months, prior to the March expiration date, staff will conduc t outreach with the business owners and identify if there are options available to allow conversion of the outdoor seating to permanent spaces, and return with any recommended ordinance amendments, if appliable. If there are no options to provide for perm anent use of the private outdoor space, staff will identify a timeline and work with the businesses for the timely restoration of the outdoor spaces to their original use.

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

Although staff has not identified any ongoing expenses associated with the COVID 19 pandemic that necessitate a request for state or federal reimburs ement, expiration of the Local Declaration of Emergency would preclude any future request for reimbursement.
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Temporary Authorization of Outdoor Dining on Private Property Page 3 of 3

ALTERNATIVES

1. If the Council believes the relevant circumstances still exist regarding the Covid 19 Pandemic , it may extend the Local Declaratio n of Emergency another 60 days.

2. The Council may allow the Local Declaration of Emergency to expire on September 29, 2022 and not adopt the resolution continuing to authorize the use of private outdoor spaces by restaurants . The affected businesses would need to vacate their outdoor spaces prior to September 29, 2022.

Prepared by:

Rob Eastwood, Community Development
Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution Allowing Teporary Outdoor Dining post Emergency Declaration b. Businesses Performing Temporary Outdoor Business Operations 8-5-22 9 Packet Pg. 69
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

CAMPBELL SETTING FORTH ENFORCEMENT

PRIORITIES AFFECTING RESTAURANT BUSINESSES

USE OF OUTDOOR PRIVATE SPACE FOR DINING
WHEREAS, On March 17, 2020, the City Council ado pted a resolution ratifying the Director 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
WHEREAS, on March 16, 20 20, the County of S anta Clara Public H ealth Department issued an Order, which severely restricted business operation in Santa Clara County; WHEREAS, in response to the strain placed on businesses by the County Health Orders, on June 9, 2020 , the City Council adopted a Resolution authorizing code enforcement officials to exercise their discretion in a manner that recognizes the need for flexibility by retail and restaurant businesses in providing their products and services, and gives a low priority to code enforcement efforts against businesses by facilitating outdoor dining and the outdoor display of merchandise subject to certain reasonable limitations WHEREAS, 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, May 17, and July 5 of 2022.

WHEREAS, as the number of COVID -19 cases has significantly decreased, the City Council has identified that the circumstances no longer exist that support extension of the declaration of local emergency, which will expire on September 29, 2022.

W
HEREAS, the City desires to continue to support the recovery its businesses in a safe and responsible manner.

WHEREAS, the City desires to allow restaurants to continue to provide outdoor dining in private open spaces in the City on a temporary basis, until it identifies if the outdoor dining can permanently remain or must be removed.

NOW, THEREFORE, BE IT RESOLVED
by the City Council of the C ity of C ampbell,
pursuant to the Council’s authority under the California Constitution, it is hereby ordered that code enforcement officials are authorized to exercise their discretion in a manner that recognizes the need for flexibility restaurant businesses in providing their services, and gives a low priority to code enforcement efforts against restaurants by facilitating outdoor dining subject to certain reasonable limitations necessary to protect the public, health, safety and welfare, including but not limited to:

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Attachment: Resolution Allowing Teporary Outdoor Dining post Emergency Declaration (Temporary Authorization of Outdoor Dining on Private

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1. Loc ation: The outdoor dining may be located:
a. On private property owned, leased and lawfully controlled by the business with the written consent of the property owner; b. Within common areas of a business center with the written consent of the property owner; and
c. Within the parking areas of the premises with the consent of the property owner;

2. Use of Private Parking Spaces:
a. The number of parking stalls utilized for dining activities shall not exceed 40% of the parking spaces required for the particular business; b. Parking stalls used for dining activities shall be located immediately contiguous to any sidewalk which fronts the subject building occupied by merchants, so as to avoid having a guest walk across a vehicle drive aisle in order to gain access into the area being used for the dining or retail activity;

3. Hours of Operation: The hours of operation shall not exceed 6:00 a.m. to 11:00 p.m., unless otherwise permitted under the existing land use entitlement for the particular business;

4. Heating Devices: Heating devices, such as propane heaters, may be utilized for day or night -time operations. Storage of propane canisters shall be in conformance with required Fire Codes;

5. Tents and Coverings: Tents and coverings are permitted only within private parcels, private common areas or private parking lots so long as all businesses that occupy the subject property use the same model and color in order to achieve design consistency. Such fabric should be fire retardant and comply with applicable Fire Codes. Umbrellas are permitted within the public right -of-way sidewalk;

6. Lighting: Lighting will be permitted for night-time operations. Such lighting shall not disrupt surrounding properties or create vehicle circulation issues. Any extension cords used to provide power to the expanded area shall be securely fastened to the ground to avoid tripping hazards or impede in accessibility;

7. Alcohol Service : Operational expansions involving the sale of alcoholic beverages will need an updated ABC license. The applicant is responsible for securing a permit from the State Department of Alcohol Beverage Control;

8. Live Entertainment: No live entertainment is allowed exterior to the business unless live entertainment has previously been issued that specifically authorizes the use of an outdoor area;

9. Performance Measures: The following measures shall be followed:

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Attachment: Resolution Allowing Teporary Outdoor Dining post Emergency Declaration (Temporary Authorization of Outdoor Dining on Private

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a. M aintenance – The business expansion area shall be maintained free of debris and clutter and shall not create public nuisance issues as specified in Camp bell Municipal Code Chapter 6.10 (Nuisance Abatement and Administrative Penalties). Appropriate waste collection containers shall be provided and all areas shall be regularly cleaned pursuant to the current County Public Health Officer Order. It is the responsibility of the tenant to implement this requirement on a regular basis;
b. Storage – Except for any tents, furniture or display racks, all loose items and products shall be brought inside the business tenant space at close of business to diminish vandalism or clutter;and
c. Accessibility – All accessibility requirements shall be maintained consistent with Federal, State and local laws; and
d. Duration – this authorization shall remain in effect for six months and expire on March 20th, 2023

10. Waiver of Permits: No permits from the City shall be required s o long as the outdoor dining or retail activities comply with this Resolution and all Guidelines and regulations issued by the City Manager to implement the intent of this Resolution.

BE IT ALSO FURTHER RESOLVED that the City Manager is authorized to enact and enforce any guidelines or regulations that are substantially consistent with this Resolution as are necessary to implement the intent of this Resolution and protect the public, health, safety and welfare in the process.

PASSED AND ADOPTED this 20
th day of September 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPR
OVED
___
_____________________
Paul Resnikoff, Mayor
ATTEST:
___
________________________
Andrea Sanders, City Clerk

9.a
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Attachment: Resolution Allowing Teporary Outdoor Dining post Emergency Declaration (Temporary Authorization of Outdoor Dining on Private Businesses Performing Temporary Outdoor Business Operations This list is not intended to be conclusive. However, the following list has been observed by staff as of August 2022
Do
wntown (2)
• Sushi Confidential (In parking lot behind building)
• El Guapo’s (In parking lot behind building)
The Pruneyard (7)
• Pacific Catch
• Kyoto Palace
• Luna
• Row House
• Rock Bottom
• Mendocino Farms
• Flour Flower
Ll
oyd Square (3)
•
Desi 501 E. Campbell Ave.
• Jalisco’s 525 E. Campbell Ave.
• Best Artisan Empanadas (BAE) 533 E. Campbell Avenue K
irkwood Plaza (1)
• C
aper’s 1710 W. Campbell Avenue
Wing Center (1) 1581 W. Campbell Ave (1)
• Perico’s Taqueria
San Tomas Plaza
None
H
amilton Plaza
None
Campbell Plaza
• Off the Hook Sports Bar
• Luigi’s Pizza and Pasta

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Attachment: Businesses Performing Temporary Outdoor Business Operations 8-5-22 (Temporary Authorization of Outdoor Dining on Private City
Council
Report
TITLE: Public Hearing and Introduction of Ordinance to Consider a City - Initiated Text Amendment to the Campbell Municipal Code Rem oving the Requirement for a Security Deposit for Parklet Permits; Adoption of a Resolution Approving an Amendment to the Semi -Permanent Parklet Program Guide to Incorporate Preferred Parklet Designs and Remove References to the Requirement for a Security D eposit; Adoption of a Resolution Approving an Amendment to the City’s Master Fee Schedule Reducing the Parklet Permit Application Fee from $1,500 to $500, Deferring the Effective Date of the Parklet Annual Compliance Verification Fee to FY 2024, Removing S ecurity Deposits Related to Parklets in the Public Right -Of-Way and Approving Associated Budget Adjustments for FY 2023; and Adoption of a Resolution Authorizing the City Manager to Execute a Contract Amendment with the Parklet Design Consultant, Sidell Parkravan Architects, to Provide for the Customization of Up to 16 Parklets at a Cost Not to Exceed $3,000 Per Parklet ($48,000 Total), and Approving Associated Budget Adjustments for FY 2023. File No.

PLN-2022-39. (Introduction of Ordinance/Resolutions/Roll Call Vote)

RECOMMENDED ACTION
That the City Council introduce an Ordinance amending Chapter 11.15 (Parklets in the Public Right-of Way) of the Campbell Municipal Code to remove the requirement for a security deposit; adopt a Resolution approving Amendm ents to the Semi -Permanent Parklet Program Guide to incorporate preferred parklet designs and removing references to the requirement for a security deposit; adopt a Resolution approving an amendment to the City’s Master Fee Schedule to reduce the Parklet P ermit Application Fee from $1,500 to $500, deferring the effective date of the Parklet Annual Compliance Verification Fee to FY 2024, removing security deposits related to parklets in the public right-of-way, and approving associated budget adjustments for FY 2023; and adopt a Resolution authorizing the City Manager to execute a contract amendment with the parklet design consultant, Sidell Parkravan Architects, to provide for the customization of up to 16 parklets at a cost not to $3,000 per parklet ($48,00 0 total), and approving associated budget adjustments for FY 2023.

EXECUTIVE SUMMARY
Item: 10
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: September 20, 2022
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Update to Semi-Permanent Parklet Program Page 2 of 10
This report provides a final update of the proposed Semi -Permanent Parklet Program and key policy considerations, and actions needed to begin implementation of the program. Staff conducted another online survey of stakeholder restaurants and property owners September 1 to 9 to determine interest and held a community meeting on September 12 to obtain feedback on the parklet designs, cost estimates and other components of t he program, such as the use of heaters. This report also outlines a schedule of key milestones and next steps for implementation.

BACKGROUND
City Council has provided direction to create a more permanent parklet program in the downtown which would allow for a transition from the existing temporary parklets into permanent parklets incorporating a more uniform, design aesthetic and eliminating the concrete “k -rails”. Council extended the temporary parklet program until January 9, 2023, to allow time for dev elopment and consideration of a permanent parklet program.

The Semi -Permanent Parklet Program incorporates direction provided by the City Council at the January 18th, April 19 th, and July 5th Council meetings and presents feedback from key stakeholders, t he public, and additional information from other cities implementing similar parklet programs.

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) give n 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 existing uses (parklets expand on outdoor dining activities currently al lowed 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 wou ld 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 (such as location of the project in a particularly sensitive environment) staff has recommended the Council find the project categorically exempt under CEQA.

DISCUSSION
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Update to Semi-Permanent Parklet Program Page 3 of 10
In evaluating information and preparing final recommendations for this report, staff relied on “Guiding Principles” learned from Los Gatos and other city parklet programs as well as feedback from stakeholders.

1. Simplify the permit process and parklet design standards used

2. Minimize the number of design professionals and contractors working on parklet program and construction

3. Attention to detail in final customization of each parklet template to each parking space
In addition to these “Guiding Principles”, staff has worked with the consulting design team to ensure the parklets meet the following two design objectives, based on initial Council direction:
• Create a uniform design aesthetic for the parklets that complements the Downtown
• Ensure the parklets meet safety standards including protection of diners from adjacent traffic

1. Parklet Design and Estimated Construction Costs
Many cities are implementing parklet program that will replace outd oor dining structures allowed because of COVID pandemic. Some cities, such as Redwood City, Morgan Hill, and Los Gatos have retained design firms to produce design options (usually two) for restaurants to choose from that also have the choice of a roof (ei ther canvass or metal) or not. Some cities allow restaurants to propose their own designs or customize the standard designs but are advised that option may lengthen the permit review/approval process.1 While the parklet design options provide standard desi gn 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. 1 The City of Morgan Hill allows businesses to use their own designs. To date two applications have been received; both opt to use their own designs and not the pre-designed options.
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Update to Semi-Permanent Parklet Program Page 4 of 10

Figure 1 – Parklet Designs

The estimated cost of the two separate parklets designs, “Orchard” or “Water Tower”, is about the same. The construction cost of a parklet without a roof is estimated to cost $75,500, where parklets with a roof and additional items will run $90,000 or more (see

Figure 2 – Estimated Costs).

Figure 2: Estimated Parklet Construction Costs

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Update to Semi-Permanent Parklet Program Page 5 of 10
Many of the restaurant stakeholders in Downtown Campbell have identified a strong interest to allow heaters in the parklets. City policies vary regarding use of heating for parklets. Morgan Hill allows g as or electric heaters with metal roof while Redwood City does not allow any heaters if there is a roof of any kind. Both the “Water Tower” and “Orchard” Parklet designs include the option of a metal roof that is designed to allow the use of heaters undern eath. Staff is obtaining final verification from the County Fire Marshall that the parklet designs will allow both propane and electric heaters. Staff have advised the restaurant stakeholders that the use of an electric heater will likely require an increase in power capacity at the building (panel upgrade) and the creation of an overhead service line between the building and parklets.

The Campbell Chamber of Commerce has agreed to administer a list of eligible contractors who can construct parklets. As previously described to Council, staff intends to create objective criteria to “qualify” contractors to construct the parklets. Contractors must be licensed general contractors who are bonded and insured; produce a payment bond, possess a City business l icense, meet insurance requirements, and have experience constructing one or more parklets. In addition, general contractors must attend a Q and A session with the parklet designer and City staff. Efforts will be made to reach to qualified general contract ors located in the City to see if they are interested in being on the list.

2. City Fees and Business Assistance (Parklet Grants)

In prior meetings, the City Council expressed interest in assisting restaurants with the soft and/or hard costs of developin g the parklets. Several options were considered, such as reducing permit fees and providing a grant directly to the restaurants to assist with parklet costs. The Council had previously considered a grant of approximately $3,000 per parklet.

The City Attorney has advised that a grant to businesses will require contractors to pay prevailing wage to construction workers on the project which can increase the cost by as much as 35 percent. The City must also issue 1099s to the grant recipient and if American Rescue Plan Act (ARPA) funds are used, sub -recipient reporting and monitoring to the US Treasury is required . Under these parameters , a grant must be substantial to provide any real financial benefit to a business. Based on the estimated construction cost of the parklets, a grant would likely need to be in excess of $3 0,000 per parklet in order to provide a financial benefit.

As such, in order to implement the Council’s direction to provide financial assistance to businesses transitioning to the new parkl et program, staff recommends the City focus on reducing the permitting cost of participating in the program as follows:

• Reduce the permit application fee from $1,500 to $500; • Remove the $3,000 refundable security deposit required to cover the cost of removing parklets;
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Update to Semi-Permanent Parklet Program Page 6 of 10
• Begin collecting the annual compliance verification fee of $602 starting July 1, 2024 (waiving the first year); and
• Expand the consultant contract with Sidell Pakravan to include preparation of site specific parklet design customizations for up to 16 parklets and at a cost not to exceed $3,000 per parklet (up to $48,000 total for all parklets applications). Any design costs that exceed the scope of services covered by the City will need to be paid by the parklet operator.

These actions will reduce potential permitting costs by between $4,000 to $7,000 per parklet and should provide a notable financial benefit to the businesses.

Alternatively, if the Council would still like to pursue direct financial grants to provide to the businesses, staf f will return to Council with further options and considerations to implement this direction.

3. Business Outreach to Determine Interest in the Semi -Permanent Parklet Program

Based on the known number of restaurants that have shown interest in a semi - permanent parklet to date and the total number of parklets that will be allowed (32 stalls), staff anticipates all applicants (businesses or property owners) will be provided the opportunity to obtain a semi -permanent parklet. An online survey of all downt own restaurants and associated property owners was conducted between September 1 and

9. Seventeen responses were received (Nine are restaurant owners; five are property owners; and two were “others”). A summary of responses is below and provided as Attachment E:

Participate in program:
• Five responses said they would participate in the program (consistent with the number of businesses that responded the same in a prior survey); • Five businesses said probably;
• Two indicated possibly;
• Two indicated probably not; and
• Three said definitely not

Preference for roof or no roof:
• Eight respondents prefer no roof
• Seven prefer roofs

Number of parking spaces:
• Five want one space
• Seven want two spaces

Comments:
• Three would like parklets with no benches
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Update to Semi-Permanent Parklet Program Page 7 of 10
• Two said the parklets were two expensive

There is an option to remove benches on the longer side of the parklet (but not the ends as they provide stability). The design below shows this option.

Figure 2: Parklet Design (Open Seating)

A stakeholder outreach meeting wa s held on September 12. About five (5) restaurant owners attended. Staff presented the parklet design concepts and an estimate of costs as well as an overview of other recommendations made in this report. There was concern from one restaurant representati ve about the cost of the parklets and the recommendation not to provide grants due to the prevailing wage requirement that would ultimately increase the construction cost. Staff explained that other recommendations to reduce the permit fee, cover the basic cost of construction plans, and eliminate the deposit for removal of existing parklets would provide greater assistance to businesses.

One restaurant owner asked if the City would consider building the parklets and then renting the space to businesses. This option had been discussed in the early stages of program development, but staff had recommended against this option and Council did not provide direction to pursue it further. If Council wishes to pursue consideration of that suggestion, additional ti me is needed for staff to research the policy (legal and financial) implications.

Previous resolutions include extension of the temporary parklet program from October 31, 2022, to January 9, 2023. Any temporary parklet operators who do not apply for Parklet Permits by the application deadline must vacate their temporary parklets by January 9, 2023 and the city will remove the accompanying k -rails. Staff is proposing to 10 Packet Pg. 80
Update to Semi-Permanent Parklet Program Page 8 of 10
open the application window in mid -October with a deadline to submit by the end of November (45 day application window). 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 remaining 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
City Council Meeting
(Approval of Parklet Designs) September 20, 2022
Program Start Mid-October, 2022
Permit Application Period Mid-October – End of November Temporary Parklet Program Extension January 9, 2023 (proposed) 2023
Semi-Permanent Parklet Construction January to March
City Council Meeting
(One-Year Check-in) Summer

FISCAL IMPACTS
If Council approves a flat rate permit fee of $500 , this would reduce the fees by $2,032 versus full cost recovery, resulting in lost permit fees of $32,512 for 16 parklets (32 parking stalls). Additionally, Staff has recommended expanding the scope of the consultant contract to prepare site specific design customizations (which may serve as construction drawings) for up to 16 pa rklets which could add up to $48,000 in additional costs depending on the number of program participants ; thereby bringing the total amount of the agreement from $30,000 to $78,000.

From the temporary program’s implementation in September 2020 through Oct ober 2022, the City will have spent $77,500 on k -rail rental costs. If the temporary program is extended until January 9, 2023, additional rental costs will total $8,250. If k -rails remain in place only for temporary parklet operators after January 9 who a pplied for Parklet Permits, additional k -rail rental costs could range from $2,750 to $5,500 depending on when all k-rails removed relative to semi-permanent parklet construction beginning. The following table summarizes added costs discussed within this report:

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Update to Semi-Permanent Parklet Program Page 9 of 10
Description Estimated Cost
Parklet Design Consultant with Customizations
(up to 16 parklet plans at $3,000 each) $48,000
Revenue Loss from Flat Permit Fee (16 parklets) $32,512 K-Rail Rental through November 2022
through March 2023 $13,750
Total $94,262
Figure 3 - Program Funding Breakdown

ALTERNATIVES
There are potential alternatives to the proposed actions related to both (a) financial incentives provided to businesses and (b) parklet designs and costs.

For the Financial Incentive s – as an alternative to the recommended reductions in fees identified by staff, Council may consider–
a) Direct grants to businesses, that will require further consideration of prevailing wage ramifications and the resulting net financial benefit to businesses. b) Further reduction in fees (such as reducing the application fee further or waiving the compliance fee)
For the Parklet Designs - stakeholder feedback has commented that the costs of the parklets are very high. If Council wishes to pursue an optio n that has a reduced parklet cost, the following alternatives may be considered – a) Allow the existing temporary parklets and K -rails to remain. Under this option, the City would continue to pay for the placement of the existing K -rails allowing the current temporary parklets. The City would need to consider any necessary improvements needed to meet accessibility requirements or other building requirements in the parklets and the aesthetic considerations of using K-rails. b) Direct staff to commission desi gn of parklets using wood or other materials that can reduce cost. As described, parklet designs that use wood (such as those in Redwood City) cost less, but the City will need to consider the safety ramifications of using a wood design.
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Update to Semi-Permanent Parklet Program Page 10 of 10
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Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft Ordinance - Parklets in the Public Right-of-Way b. CC Resolution - Semi-Permanent Parklet Program Guide c. CC Resolution - Parklet Fees and Security Deposit
d. CC Resolution - Authorizing Contract Amendment
e. Semi Permanent Parklet Survey Report (Graphic)
Prepared by:

Leslie Parks, Economic Program
Manager
Reviewed by:

Rob Eastwood, Community Development Director
Ordinance No. _____
BE

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

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

S
ECTION 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.

S
ECTION 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.

S
ECTION 3. The City Council finds and determines that the proposed amendments to Chapter 11.15 (Parklets in the Public Right -of-Way) of the Campbell Municipal Code would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

S
ECTION 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 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)).

S
ECTION 5. The City Council finds and determines that 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 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

10.a
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Attachment: Draft Ordinance - Parklets in the Public Right-of-Way (Update to Semi-Permanent Parklet Program) City Council Ordinance No. Page 2 of 3 Amending Chapter 11.15 (Parklets in the Public Right-of-Way) of the Campbell Municipal Code
File No.: PLN-2022-39
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 may be found categorically exempt under CEQA.

SECTION 6. Section 11.15.80 (Conditions of approval.) of Chapter 11.15 (Parklets in the Public Right -of-Way) is hereby amended to read as follows with underlining ( i.e., underlining) indicating new text and strikeouts (i.e., strikeouts) indicating deleted text.

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 signed 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 th e city's notice for corrective 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 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. 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.

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Attachment: Draft Ordinance - Parklets in the Public Right-of-Way (Update to Semi-Permanent Parklet Program) City Council Ordinance No. Page 3 of 3 Amending Chapter 11.15 (Parklets in the Public Right-of-Way) of the Campbell Municipal Code
File No.: PLN-2022-39
(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. (hi) 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. (i j ) Operational Requirements. Parklet Permits shall be operated in accordance 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.

SECTION 7. This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon 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:

ABSTAIN: Councilmembers:

APPROVED:

_______________________
Paul Resnikoff, Mayor

ATTEST:

_______________________________
Andrea Sanders, City Clerk

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Attachment: Draft Ordinance - Parklets in the Public Right-of-Way (Update to Semi-Permanent Parklet Program)

RESOLUTION NO. ____

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL APPROVING AMENDMENTS TO THE 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 proposed amendments to the Semi - Permanent Parklet Program Guide (PLN-2022-39):

1. The proposed amendments to the Semi-Permanent Parklet Program Guide may be approved concurrently, and subject to, proposed amendments to 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 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;

3. Amendments to the 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 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) 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 Semi-Permanent Parklet Program Guide, as amended, is consistent with the goals, policies, and actions of the General Plan;

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

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program) City Council Resolution No. Page 2 of 2 PLN-2022-39 – Approving Amendments to the Semi-Permanent Parklet Program Guide

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 adopts a Resolution approving the adoption of a Semi-Permanent Parklet Program Guide as set forth in attached Exhibit A-1 with underlining (i.e., underlining) indicating new text and strikeouts (i.e., strikeouts ) indicating deleted text , except for Appendix A which is added new in its entirety . This Resolution shall become effective November 4, 2022, contingent on the passage and adoption of the associated Ordinance amending 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:

ABSTAIN: COUNCILMEMBERS:

APPROVED:
_______________________
Paul Resnikoff, Mayor

ATTEST:
_______________________________
Andrea Sanders, City Clerk

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program)

Semi -Permanent Parklet Program Guide
Exhibit A-1 10.b
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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program)

SEM I-PERMANENT PARKLET

PROGRAM GUIDE

Cover Page Image Credit: National Association of City Transportation Officials

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent 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 ..…..11
I
X. Fees & Costs……………………………………………………………………………………………………………………………………………. .11 X. Parklet Construction………………..…………………………………………………………………………………………………………… ….12 XI. Insurance Requirements…..…………………..………………………………………………………………………………………………….12 XII. Operational Standards……………………….…………………………………………………………………………………………………….1 3 XIII. Transferability..………………………………………………………………………………………………………………………………………..14 XIV. Abandonment……………..……………………………………………………………………………………………………………………………14 XV. Revocation &Appeals..……………………………………………………………………………………………………………………………… 14 Appendix A Design Options (TBD following design approval)…..……………………………………………………………………….16

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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 i n 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 operations 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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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 furnished 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 din ing 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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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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PARKLET 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 applic ation 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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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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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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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 decides 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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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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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 deposit, 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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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 . C ertificates 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 C onstruction may be required subject to special provisions determined by the Public Works Department.

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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 regul arly 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 B everage 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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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 r evoked 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 exist 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 determination of revocatio n 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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Architects
Sidell Pakravan
Architects
Campbell Semi-Permanent Parklets

09.12.2022

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Sidell PakravanCampbell Parklets 08.18.22 Solid Footing Plan 40'-0" OVERALL PAKRLET
8'-0"

OVERALL PAKRLET
24"

FOOTING
20'-0" OVERALL PAKRLET
24"

FOOTING
8'-0"

OVERALL PAKRLET
12" WIDE STEEL DRAINAGE GRATE

WOOD BENCH OVER

PERIMETER FOOTING, TYP

TABLE AND CHAIRS, TYP

WOOD DECKING, TYP

PLANTER, TYP

SOLID FOOTING SEATING LAYOUTS
*NOTE: SEATING COUNT VARIES WITH

CONFIGURATION OF TABLE GROUP COUNT
40' PARKLET: 16 - 22 SEATS
20' PARKLET: 8 -12 SEATS
4" STEEL ROUND POST EMBEDDED IN CONC
3 8" THICK STEEL PLATE RAILING
12" WIDE STEEL DRAINAGE GRATE

WOOD BENCH OVER

PERIMETER FOOTING, TYP

TABLE AND CHAIRS, TYP

WOOD DECKING, TYP

PLANTER, TYP
4" STEEL ROUND POST EMBEDDED IN CONC
3 8" THICK STEEL PLATE RAILING
Parklet Plan

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Architects
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NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.
“Orchard” Parklet

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Architects
Campbell Parklet Design
NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.
“Orchard” Parklet with Roof

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Architects
Campbell Parklet Design
“Water Tower” Parklet
NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program) Sidell Pakravan
Architects
Campbell Parklet Design
“Water Tower” Parklet with Roof
NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program) Sidell Pakravan
Architects
Campbell Parklet Design
“Water Tower” Parklet
NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program) Sidell Pakravan
Architects
Campbell Parklet Design
“Water Tower” Parklet
NOTE: RENDERINGS ARE FOR VISUAL
REFERENCE ONLY. FINAL DESIGN IS BASED
ON PLAN AND SECTION DRAWINGS.

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Architects
Campbell Parklet Design
Essential Pieces
Concrete Footing
Wood Bench Topping
Steel Railing
Planters
Removable 12” grate
2x wood decking
4” Steel Posts
Steel Frame Roofing with Non-
Combustable Infill

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Architects
Campbell Parklet Design
Footing Options
2% Max Floor Slope Sidewalk Level
Min 12” high curb
Min 4” thick curb
Solid Footing and bench
allows for a level floor on a
steep road crown
Removal of bench requires
a deep footing which cannot
accomodate a steep road crown
Sidewalk Level2% Max Floor Slope
Road crown max ~2” below sidewalk curbRoad crown max ~1” above sidewalk curb

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Railing Height
42” high min per code

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Architects
Campbell Parklet Design
Heater Options
No Roof + Propane Heaters
(Requires proper propane tank storage)
With Roof + Propane Heaters
(Requires proper propane tank storage)
With Roof + Electric Heaters
(Requires ~75 amps free in electrical panel)

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24" DEEP FOOTING
12" GUTTER
MIN 12" CONC. THICKNESS
96" OVERALL PARKLET
18" BENCH
42" GUARDRAIL

CONC FOUNDATION CURB

WOOD BENCH SURFACE
4" STEEL ROUND POST SET IN CONC CURB
3 8" THICK STEEL PLATE RAILING W/ 6" BASE FLANGES

ANCHORED TO CONCRETE
4" SQUARE HSS SPANNING BETWEEN POSTS ALONG

LENGTH AND WIDTH OF PARKLET

STEEL PLATE PERIMETER

PLASTIC SHEET BTWN CONC CURB AND ASPHALT
(E) ROAD SURFACE, SLOPE VARIES

STEEL DRAINAGE GRATE

PT SLEEPERS, CUT TO ROAD SLOPE
WOOD DECK, 2% SLOPE MAX
3" X 2" X 1
4" STEEL ANGLES ANCHORED

INTO CONC CURB AND WD SLEEPERS
STEEL POST EMBEDDED IN CONCRETE, SSD.

STEEL PLATE FASCIA WELDED TO POSTS
18"

FABRIC LOUVERS ON STEEL CABLE TRACKS
SPACED 12" O.C.
4" SQUARE HSS SPANNING BETWEEN POSTS

ALONG LENGTH AND WIDTH OF PARKLET

STEEL PLATE FASCIA WELDED TO POSTS
18"
12G SHEET METAL CEILING

LGS FRAMING SLOPED TO GUTTER

SHEET METAL GUTTER

CORRUGATED METAL ROOFING
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SCALE:

TIPPING JOB# 2022.132.00
SK-1Campbell Parklet Design - Structural Detail
Campbell, CA
DATE: August 17, 2022
1" = 1'-0"

PLAN VIEW
SK-2
Edge of conc.
curb, typ.
1 4
typ. Embed plate w/ anchors
to concrete, typ.
4" steel round post, typ.

Embed HSS post into
concrete. Allow 3 in min.
clear cover.

Guardrail,
s.a.d., typ.
typ.

SCALE:

TIPPING JOB# 2022.132.00
SK-2Campbell Parklet Design - Structural Detail
Campbell, CA
DATE: August 17, 2022
1" = 1'-0"
TYP. SECTION AT CURB
Conc. Curb
#4 @ 6" o.c. ties
2'-0"
(3) #4 T&B bars w/ 90 deg.
hook each end
2'-6" max. Periodic angle with
(2) anchors to conc.
1'-0"
MIN.
3'-6" Wood bench, s.a.d.
1 4
3 8" thick steel plate
railing
4" steel round post
4" square hss beam

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Attachment: CC Resolution - Semi-Permanent Parklet Program Guide (Update to Semi-Permanent Parklet Program) RESOLUTION NO._______

BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING THE CITY’S MASTER FEE

SCHEDULE TO REDUCE THE PARKLET PERMIT
APPLICATION FEE FROM $1,500 TO $500, DEFER RING

THE EFFECTIVE DATE OF THE PARKLET ANNUAL
COMPLIANCE VERIFICATION FEE TO FY 2024, REMOVING

SECURITY DEPOSITS RELATED TO PARKLETS IN THE

PUBLIC RIGHT-OF-WAY, AND APPROVING ASSOCIATED
BUDGET ADJUSTMENTS FOR FY 2023 . FILE NO. PLN -
2022-39.

WHEREAS, on August 20, 2022, the City Council adopted Chapter 11.15 (Parklets in the Public Right-of-Way) to the Campbell Municipal Code (“CMC”) which establishes a permit process for parklets in the City of Campbell’s public right-of-way.

WHEREAS, an associated Ordinance has been introduced to amend Chapter

11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code (“CMC”) to remove the requirement for a security deposit for parklet permits.

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.

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.

WHEREAS, the City is considering reducing the Parklet Permit Application Fee from $1,500 to $500 , deferring the effective date of the Parklet Annual Compliance Verification Fee of $602 to FY2024 , and eliminating the Parklet Security Deposit of $3,000.

WHEREAS, the proposed Parklet Permit Application fee of $500 is less than the estimated cost to review parklet permit applications of $2,532.

WHEREAS, the deferring the effective date of the Parklet Annual Compliance Verification Fee to FY2024 will result the collection of no fees to cover the anticipated cost to facilitate the 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).

WHEREAS, the elimination of the Parklet Security Deposit may result in the City bearing the full cost, or temporarily bearing the full cost, to cause the removal of parklets in the public right-of-way and/or enforce their removal.

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WHEREAS, the City Council finds that the public benefit from subsidizing the Parklet Permit Application Fee, deferring the collection of the Parklet Annual Compliance Verification Fee, and eliminating the security deposit fee, outweigh the subsidy provided and potential cost of enforcing their removal to the City.

WHEREAS, no impact to the existing level of service for the right-of-way will result from the proposed actions.

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

1. Amends the F ees and Deposits for Parklets in the Public Right -of-Way, included in the Schedule of Fees and Charges under the Public Works Engineering and Encroachment Permit Fees within the Master Fee Schedule, as follows with underlining (i.e., underlining) indicating new text and strikeouts (i. e., strikeouts) indicating deleted text:

Parklets
a) Parklet Permit Application Fee: $1,500
b) Parklet Annual Compliance Verification Fee: $602 (Effective FY2024) c) Parklet Security Deposit: $3,000

; and

2. Approves the Associated Budget Adjustments as set forth in Exhibit C-1.

This Resolution shall become effective in sixty (60) days.

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, City Clerk

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Request for Budget Adjustments
Department/Program Division Date Request No.

September 20, 2022 BA-5
Budget to be Reduced
Fund/Program Account Number Description Amount

REVENUE
101.740 4722 16,000
101.740 4722 Parklet Annual Compliance Verification Fee 9,632 Budget to be Increased
Fund/Program Account Number Description Amount
REASON FOR REQUEST - BE SPECIFIC:

Finance Director Community Development Director City Manager City Manager
Will Fuentes Rob Eastwood Brian Loventhal
To modify action approved on July 5, 2022; reducing Parklet Permit Application Fee and Annual Compliance Fee Verification Revenue Estimates.
740 - Land Development
Parklet Permit Application Fee

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Attachment: CC Resolution - Parklet Fees and Security Deposit (Update to Semi-Permanent Parklet Program) RESOLUTION NO._______

BEING A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER

TO EXECUTE A N AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH THE CITY’S PARKLET

DESIGN CONSULTANT, SIDELL PARKRAVAN

ARCHITECTS, TO PROVIDE FOR THE CUSTOMIZATION OF
UP TO 16 PARKLETS AT A COST NOT TO $3,000 PER
PARKLET ($48,000 TOTAL) AND APPROV ING
ASSOCIATED BUDGET ADJUSTMENTS FOR FY 2023. FILE
NO. PLN-2022-39.

WHEREAS, on August 20, 2022, the City Council adopted Chapter 11.15 (Parklets in the Public Right -of-Way) to the Campbell Municipal Code (“CMC”) which allows for parklets in the City of Campbell’s public right-of-way.

WHEREAS, on July 5, 2022, the City of Campbell entered into a Consultant Services Agreement with Sidell Pakravan Architects to pr ovide parklet design services and build options for a Semi-Permanent Parklet Program with a total contract amount not to exceed $30,000.

WHEREAS, the Scope of Services included in the Consultant Services Agreement with Sidell Pakravan Architects did not include the preparation of site specific parklet design customizations.

WHEREAS, Sidell Pakravan Architects has estimated the cost of preparing site specific parklet design customizations to run approximately $2,500 per parklet.

WHEREAS, to cover unanticipated situations, staff has recommended authorizing site specific parklet customization costs of up to $3,000 per parklet with the parklet operator being responsible for any design costs that run greater than that amount.

WHEREAS, providing site specific design customizations (which may serve as construction drawings) is in furtherance of the existing Consultant Services Agreement to provide parklet design services and build options for the City’s Semi -Permanent Parklet Program.

WHEREAS, the City anticipates the need to prepare site specific parklet design customizations for up to sixteen (16) locations would cost a total of $48,000.

WHEREAS, the City Council finds that the reappropriation of $48,000 of one-time construction grants from funds received in response to the American Rescue Plan Act (ARPA) to provide for the customization of up to 16 parklets at a cost not to exceed $3,000 per parklet ($48,000) to be an appropriate use of such funds.

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

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1. Authorizes the City Manager to execute a Consultant Services Agreement with Sidell Pakravan Architects in substantially the form and content set forth in Exhibit D-1, with the inclusion of the preparation of site specific design customizations for up to sixteen (16) locations at a cost of $3,000 per parklet , and at a total cost not to exceed $48,000, from funds to be re appropriated from one-time construction grants previously encumbered from the American Rescue Plan Act (ARPA) , as part of the scope of work; and

2. Approves the Associated Budget Adjustments as set forth in Exhibit D-2.

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, City Clerk

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CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of , 2022, by a nd between the CITY OF CAMPBELL (hereinafter referred to as "City") and (hereinafter referred to as "Consultant").

W
HEREAS, City desires to obtain a consultant to prepare parklet architectural design services for a cost not to exceed $30,000; and
W
HEREAS, Consultant represents that it has the expertise, means, and ability to prepare and revise plans consistent with the Campbell Municipal Code, California Building and Fire Codes, and federal and state accessibility (ADA) standards and parklet design standards; N
OW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUT

IES 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.

1.3 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.

1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.
5th
July
Sidell Pakravan Architects

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

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

1.10 The designated project manager for 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 requi rements 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.

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 provide City prompt written notice of any known defects in such data and information.

2.2 City shall provide contract administration services. City shall notify Consultant of Vadim Mishchuck

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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 $30,000, 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 the services rendered and the title of the item of work, and shall list labor hours by personnel classification.

Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the 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 order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and 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.

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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 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

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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. TER

MINATION

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 14 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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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. T
hat 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. Wh
ere a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a 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.

W
ith 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.

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

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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 n o 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.

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

1. General Liability: $1,000,000 combined single limit per occurrence for

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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:

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

b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the 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 against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation

If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the 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

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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 bef ore 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

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,

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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 two (2) month period, unless terminated sooner in accordance with the contract. The City of Campbell at its sole discretion may elect to extend the contract up to two (2) consecutive six-month periods by providing written notice to Consultant not less than thirty (30) days prior to expiration of the original or extended term. The total length of the contract shall not exceed a period of one year. Annual contractual costs shall be equal to the April - to-April San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI-U) in an amount not to exceed five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract renewal if executed.

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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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) -12-
CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

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

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

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

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

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

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) -13-

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

CIT Y: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008
CONSULTANT: _________________________________
Attention:
[SIGNATURES ON FOLLOWING PAGE]
Sidell Pakravan Architects
2445 Sixth Street
Berkeley, CA 94710
[email protected]
Rudabeh Pakravan

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) -14-
Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT
By

CITY OF CAMPBELL
By
Title Title
Approved as to Form
City Attorney
William R. Seligmann (Jul 25, 2022 09:21 PDT)
William R. Seligmann
Principal, Sidell Pakravan Architects
Brian Loventhal (Jul 25, 2022 14:43 PDT)
Brian Loventhal
City Manager

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) City of Campbell
City-Approved Parklet Design Proposal
Sidell Pakravan
Architects
2445 Sixth Street, Berkeley, CA 94710
Contact: Rudabeh Pakravan
mobile: 323.428.4958
Exhibit A - Scope of Services & Fee Schedule

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) Sidell Pakravan Architects
Campbell City-Approved Parklet Design Program 1
Project Schedule
Project Kickoff: June 28, 2022
Designs Finalized for Publication and Distribution: September 2, 2022 Phase 1 Due Diligence and Conceptual Design: 2 weeks Deliverables and meetings include the following:
1-2 webinars and 1-2 meetings with business owners, DCBA, and any other stakeholders (per City of Campbell direction) 2-3 Meetings as necessary with Public Works, Building Department, Planning/Zoning, and Economic Development Departments to determine short term and long term goals and expectations.

Prepare conceptual design, layout, and construction strategy. Devliverables include the following:
site plans
renderings
structural and foundation connections and diagrammatic details Phase 2 : Design Development 2 weeks
Revise design based on staff feedback. Develop design in greater detail.

Meet with staff as needed.

Devliverables include the following:
site plans
floor plans
curb/platform details
Handrail/guardrail details
Roofing/Shading details
Extra details, ie planters/benches
section
renderings
Phase 3 : Construction Documents 2 weeks
Devliverables include the following:
complete Design plans for distribution and publiction including site plans
floor plans
curb/platform details
Handrail/guardrail details
Roofing/Shading details
Extra details, ie planters/benches
section
renderings
Note: anticipated schedule may vary depending on scheduling of staff review and public presentations.

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) Campbell Parklet Design Plans
Project Schedule & Deliverables Timeline
Sidell Pakravan Architects & City of Campbell
Ju
ly 5: Finalize scope of services, project schedule, deliverables timeline and sign agreement.
• Create “rough” template options that meet applicable codes and city design parameters
• Sidell creates customized design for each applicant
o How much site customization can Sidell provide for each parklet and what is the cost per parklet design?
o Sidell Pakravan interaction with applicant and construction contractor July 6-8: Consultant and city staff meet to determine short-term and long-term goals and expectations and discuss:
• Site assessments
• Consensus on design parameters
• Previously gathered stakeholder feedback on design features o DCBA, Chamber and Farmers’ Market
• Planning, Building, Fire, Public Works & ABC code compliance • Stakeholder involvement
• Conceptual design, layout and construction strategy
• Site customization
• Design review meeting schedule
July 11-15: Prepare conceptual design, layout and construction strategy July 18-22:
• First Presentation and Review of Design Plans
o Present conceptual design, layout and construction strategy to City staff  Deliverables include the following:
 Site plans
 Renderings
 Structural and foundation connections and diagrammatic details • P
resent design, layout and construction strategy to stakeholders (i.e., downtown restaurants, DCBA & Chamber)
• R
evise conceptual design plans based on staff and stakeholder feedback to develop designs in greater detail. Deliverables include the following:
o Site plans
Campbell City-Approved Parklet Design Program 2

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) o Floor plans
o Curb/platform details
o Handrail/guardrail details
o Roofing/Shading details
o Extra details, i.e., planters/benches
o Renderings
Ju
ly 25 – 29:
• Second Presentation and Review of Design Plans
• Revise conceptual design plans based on staff feedback to develop designs in greater detail
August 1:
• Third Presentation and Review of Design Plans
• Present revised design plans to City Staff for review in preparation for Council Consideration on August 16
August 16: Parklet design plans presented to City Council for consideration* *In the event design plans are not presented to the City Council on August 16, plans would be presente d S
eptember 6, 2022, and the schedule will be adjusted accordingly.

August 17-24: Design plans revised based on Council direction if applicable August 25 - 26: Final and complete design plans presented to City Staff for approval August 29 - September 2: Designs and construction documents prepared for distribution and publication
September 12: Program Launch
Campbell City-Approved Parklet Design Program 3

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) Sidell Pakravan Architects
Campbell City-Approved Parklet Design Program 4
Scope of Services and Fee
Sidell Pakravan Architects
Principal, Rudabeh Pakravan $200 per hour
Project Manager, Vadim Mishchuck $150 per hour
Designer, Claire Jang $100 per hour
Engineer, Tipping Engineers, 18% of total fee
Landscape Architect, Groundworks Office 12% of total fee

1. Due Dilligence, Outreach, Conceptual Design
a. Site assessments to determine current parklet locations, uses, layouts, successes, and failures. b. Research into existing best practices, protocols, and information. Review of the Existing Downtown Campbell Parklet program “temporary program as well as pre-COVID parklets.
c. 1-2 webinars and 1-2 meetings with business owners, DCBA, and any other stakeholders (per City of Campbell direction) d. Meetings as necessary with Public Works, Building Department, Planning/Zoning, and Economic Development Departments to determine short term and long term goals and expectations. e. Due dilligence and research into relevant building, planning, public works, and engineering codes as well as ABC compliance. f. Initial Concept and Site Layouts for Review (see project schedule for specific deliverables) Fee for this phase: $7,000

2. Design Development
a. New and updated iterations of parklet design options based on staff comments. See project schedule for specific deliverables. b. 3 sequential design meetings with staff to review design options in July and August. In between each meeting, Sidell Pakravan architects will build upon feedback and create new iterations to present. Designs will adhere to relevant Zoning and Land Use codes, California Building and Fire Codes, federal and state ADA standards, and City of Campbell Parklet Design Parameters. Any plan check comments or staff direction will be incorporated into the final iteration. d. Committee and Council meetings that are relevant to this project are included as part of this proposal, up to 4 meetings.

Fee for this phase: $8,000

3. Construction Documents and Final Deliverables For the City Approved Parklets, Sidell Pakravan Architects proposes to create a visually appealing and clear set of design plans that include:
a. Site Plans for multiple options of parklets based on size, either one parking stall or two parking stalls. Site plans to include dimensions and relevant specifications
b. Foundation, Curbing Strategies We will design, detail, and graphically represent 1-2 clear foundation and curbing strategies including specifications and dimensions. We will work directly with the city Public Works department to determine compliance and best practices for foundation and curbing.
c. Platform/Railing/Planter/Perimeter Detailing. We will design, detail, and graphically represent 3 options for each platforms/flooring, vertical components, and roofing/overhead support options. Three overhead support options will be provided, one with no overhead structure, one with a shade structure, and one with a roof. These details will be reviewed multiple times with City representatives. The proposals will design for high quality, non-combustible materials and will provide specific specifications and dimensions. d. Design Standards
We will work with our consulting Landscape Architect, Groundworks Office, to outline and graphically represent options for site planning, lighting, furniture, signage and planting options. We will also work with our consulting engineer, Tipping Engineers, to develop the guardrail details, the roof connection detail, and any other relevant structural connections. Both consultants’ fees are included in this proposa Fee for this phase: $15,000
Total Fee: $30,000

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) Consultant Agreement Parklet Design Services
Sidell Pakravan - Corrected Signature Order
Final Audit Report 2022-07-25
Created: 2022-07-22
By: Michael Thomas ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA6bdlT1OVLtbq8QPdBU0TJzvJ9oJpyHHT "Consultant Agreement Parklet Design Services Sidell Pakravan - Corrected Signature Order" History
Document created by Michael Thomas ([email protected]) 2022-07-22 - 7:44:12 PM GMT
Document emailed to [email protected] for signature
2022-07-22 - 7:47:59 PM GMT
Email viewed by [email protected]
2022-07-25 - 4:18:45 PM GMT
Signer [email protected] entered name at signing as William R. Seligmann 2022-07-25 - 4:21:29 PM GMT
Document e-signed by William R. Seligmann ([email protected]) Signature Date: 2022-07-25 - 4:21:31 PM GMT - Time Source: server Document emailed to Sidell Pakravan Architects ([email protected]) for signature 2022-07-25 - 4:21:34 PM GMT
Email viewed by Sidell Pakravan Architects ([email protected]) 2022-07-25 - 9:36:25 PM GMT
Document e-signed by Sidell Pakravan Architects ([email protected]) Signature Date: 2022-07-25 - 9:36:46 PM GMT - Time Source: server Document emailed to Brian Loventhal ([email protected]) for signature 2022-07-25 - 9:36:48 PM GMT
Email viewed by Brian Loventhal ([email protected]) 2022-07-25 - 9:41:01 PM GMT

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) Document e-signed by Brian Loventhal ([email protected]) Signature Date: 2022-07-25 - 9:43:58 PM GMT - Time Source: server Agreement completed.
2022-07-25 - 9:43:58 PM GMT

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

September 20, 2022 BA-6
Budget to be Reduced
Fund/Program Account Number Description Amount

EXPENDITURES
101.740 7432 One-Time Construction Grant 48,000
Budget to be Increased
Fund/Program Account Number Description Amount

EXPENDITURES
101.539 7427 Parklet Design Contract Amendment 48,000
REASON FOR REQUEST - BE SPECIFIC:

Finance Director Community Development Director City Manager City Manager
Will Fuentes Rob Eastwood Brian Loventhal
To modify action approved on July 5, 2022; shifting One-Time Construction Grant to Parklet Design Contract. 539 - COVID Response

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Attachment: CC Resolution - Authorizing Contract Amendment (Update to Semi-Permanent Parklet Program) City of Campbell
Community Development Department

City of Campbell – 70 N. First Street, Campbell, CA 95008 – Community Development – 408-866-2140 Semi-Permanent Parklet Stakeholder Survey

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Attachment: Semi Permanent Parklet Survey Report (Graphic) (Update to Semi-Permanent Parklet Program) City of Campbell
Community Development Department

City of Campbell – 70 N. First Street, Campbell, CA 95008 – Community Development – 408-866-2140

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Attachment: Semi Permanent Parklet Survey Report (Graphic) (Update to Semi-Permanent Parklet Program) City
Council
Report
TITLE: Approval of the Purchase of the NEOGOV Human Resources Information System (HRIS) and Payroll Platform through a Cooperative Purchasing Agreement with SHI Int ernational Corp. and the National Association of State Procurement Officials (NASPO), Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(6), and Associated Budget Adjustment (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution (1) authorizing the City Manager to execute a three-year agreement with SHI International Corp., using pricing and terms specified through a competitively bid award from the National Association of State Pro curement Officials (NASPO), to purchase the NEOGOV Human Resources Information System (HRIS) and Payroll Platform for an amount not to exceed $328,567; and, to dispense with bidding requirements, as authorized in Campbell Municipal Code Section

3.20.030(6); and, (2) authorizing the Finance Director to implement an associated budget adjustment for implementation support services.

BACKGROUND
The City of Campbell Human Resources (HR) Division currently uses several paper- based manual systems for many of its processes as well as an outdated Enterprise Resource Planning (ERP) system (eFinancePlus provided by CentralSquare Technologies) and disconnected Microsoft Word, Microsoft Excel, and Adobe Acrobat forms. In contrast to most public agencies and private companies, Campbell HR does not have a modern , effective, and efficient electronic Human Resources Information System (HRIS) for employee records management, recruitment, onboarding, salary and benefits administration, position control, performance assessment , and learning management.

Additionally, as was presented to the City Council on December 3, 2019, the City’s Payroll Division currently uses several paper -based manual systems for many of its processes as well as the outdated eFinancePlus ERP and disconn ected Microsoft Word, Microsoft Excel, and Adobe Acrobat forms . This system is also inefficient and ineffective and lacks many features included within modern ERP systems such as electronic timecards, an employee self -service portal, and electronic workfl ow and approval queues. To partially address these issues, City staff attempted to implement Item: 11
Category: NEW BUSINESS
Meeting Date: September 20, 2022
11 Packet Pg. 150
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the electronic Employee Timesheet (ETS) and Employee Access Center (EAC) modules of eFinancePlus over the past two years, but the modules were not able to accommodate all of the City’s different shift schedules and had several technical issues that were not able to be remedied. The effort was subsequently tabled after a minimal cost of $14,000.

As such, the HR, Payroll, and Information Technology (IT) divisions were assigned the following joint Workplan item for FY 2023:

Collaborate amongst the Human Resources (HR), Payroll, and Information Technology (IT) Divisions as well as other key stakeholders to prepare a Finance and HR system Needs Assessment, Request for Proposal (RFP), and Vendor Selection Process; using consulting services to assist in the process as necessary. LEAD DEPARTMENT - IT [Council Priority – Financial Stability]
To support these initiatives, a total of $135,000 was included within the FY 2023 Adopted Budget of the HR ($35,000) and Payroll ($100,000) divisions.

DISCUSSION
Staff’s initial plan was to develop a full ERP needs assessment, RFP, and vendor selection process in FY 2023, so as to start replacing the eFinancePlus ERP in FY 2024. However, during the last several months, staff also discovered that the City could address some of its more pressing and immediate HR and Payroll needs in FY 2023 through the acquisition of a third -party HR and Payroll software system that could be integrated with the eFinancePlus ERP; thereby saving considerable time an d cost. For reference, a full ERP for an agency of Campbell’s size typically takes two to three years to fully implement and $2 million to $5 million in setup, training, licensing, and associated costs . At some point in the future, the City will need to replace the eFinancePlus ERP since it is nearing end of life , but an adequate funding source has yet to be identified and the eventual replacement could also be limited to Core Financials such a s the General Ledger (GL), Fixed Assets, Accounts Receivable (AR), and Accounts Payable (AP); with HR, Payroll, Business Licensing, Budget and CIP, and Permitting continuing to be performed by third -party systems connected to the main ERP.

Therefore, over the course of several months , a team consisting of HR, Payroll, Information Technologies (IT) staff developed solution requirements, contacted vendors, and reviewed software demonstrations from a variety of software providers. Based on the aforementioned due diligence process, staff discovered that NEOGOV (https://www.neogov.com/) provides the best functionality, modularity, and ease of implementation to meet the requirements of the HR and Payroll Divisions, includi ng a short implementation timeline and reasonable costs, and is the leading provider of HRIS and Payroll systems for the public sector. Many Bay Area municipalities, including Los Gatos, Santa Clara, Milpitas, Mountain View , Walnut Creek, Berkeley, El Cerr ito, and 11 Packet Pg. 151
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Emeryville, as well as Sonoma County , leverage one or more NEOGOV modules. And at a year one cost of $127,783 and a three-year cost of $328,567 (inclusive of year one setup / training and three years of annual licensing), NEOGOV would provide the City a robust and integrated HRIS and Payroll system that fits within the FY 2023 Adopted Budget appropriation of $135,000, includes digital time-keeping features for employees, and helps manage complex employee wages and payroll processing that would fulfill the Fair Labor Standards Act (FLSA), minimum age, overtime laws, and payroll tax laws requirements. This would come at a fraction of the cost of a full ERP acquisition and could be fully implemented within three to six months. Please see Table 1 below for summary of costs by year over the three -year term of the proposed agreement. After year 3, the City could extend the agreement for the annual licensing costs only, choose another HRIS and payroll system, or implement a full ERP. Licensing costs, if extended, are expected to be similar to year 3, but with a Consumer Price Index (CPI) increase of approximately 3%:

Table 1 – NEOGOV HRIS and Payroll System Costing
Licensing Setup & Training TOTAL
Year 1 $58,702 $69,081 $127,783
Year 2 $86,593 $0 $86,593
Year 3 $114,191 $0 $114,191
TOTAL $259,486 $69,081 $328,567
For refence, the NEOGOV HRIS and Payroll system includes the following modules:
• Core HR and Payroll – This module would allow the HR and Payroll Divisions to manage all HR and Payroll needs with one integrated solution. Core HR and Payroll will centralize all employee data in one electronic records management system and provide for electronic timecard entry . Core HR and Payroll’s employee self -service portal would also allow employees t o view and update their personal information such as address changes, benefits updates, and W4 tax withholdings and can trigger automatic approval notifications for HR and Payroll staff. HR could also define routing and approval workflows for any form or process created in the system. A complete listing of key features is shown below:
o General
▪ Employee Self-Service
▪ Recruitment and onboarding
▪ Learning Management
▪ Performance Assessment
▪ Centralized storage of employee data
▪ Approvals and workflows
▪ Transparency between HR and employees
▪ FTE Position Control
o Salary and Benefits
▪ Salary and benefits rate administration
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▪ Online Open Enrollment
▪ Total compensation statements for employees
▪ Family Medical Leave Act (FMLA) tracking
▪ Insurance carrier exchange information
▪ Attendance and leave tracking
▪ Benefits remittance payment processing and reporting
▪ Online requests and approvals
o Payroll
▪ Electronic Timecards
▪ Employee Self-Service
▪ Online Pay Stubs
▪ Automated tax calculations
▪ Direct deposit setup
o Compliance
▪ Compliance with latest taxation rules (including local requirements) ▪ Automated Fair Labor Standards Act (FLSA) and retroactive pay calculations
▪ Calculation of taxable income, fringe benefits, and imputed income • E-Forms – Online employee forms with approval workflows and an easy-to-use self-service portal. E -Forms would replace several paper-based processes with online workflows ; removing the manual approval process and creating an efficient and productive process.
• Learn - Learning Management Software (LMS) to increase the productivity, safety, and retention of the City’s workforce with engaging training. The Learn module would provide over 20,000 online courses within the NEOGOV LMS portal. Additionally, t he City could also add its own courses and foster a culture of c ontinuous learning ; supporting of its goals for succession planning. A sampling of the courses provided by the NEOGOV LMS portal include:
o Harassment Prevention
o Ethics
o Anti-Harassment Training for Employees (California)
o Anti-Harassment Training for Supervisors (California) o Equal Employment Opportunity (EEO) Laws for Higher Ed: Title I of the Americans with Disabilities Act (ADA)
o Title I of ADA for Higher Ed: Reasonable Accommodation o Title I of ADA for Higher Ed: Interactive Process
o Title I of ADA for Higher Ed: Supervisor Responsibilities o Forklift Safety
o Emergency Response in the Workplace
o Bloodborne Pathogens for Law Enforcement Officers
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• Perform - Replaces paper-based evaluations with an intuitive digital process that streamlines evaluations , a utomates e mployee appraisals , and modernizes processes. The Perform module t ransforms time intensive performance evaluations into a simple , online process that’s quick to set up, easy to manage, and delivers actionable data for supervisors and employees.

With the acquisition of these modules, HR and Payroll would no longer need to go into five to six different portals to update employee information or to enroll an employee in benefits. The information will be entered in one place and the system will send the updated or new enrollment information to the contracted benefit providers. Together, these modules would create a powerful tool for the HR and Payroll Divisions to minimize paperwork, reduce staff time for processing paperwork, and create digital process es for annual staff reviews and timecards; thereby freeing time for other critical and high value work.

As such, staff is recommending the purchase of the NEOGOV HRIS and Payroll platforms through a three-year agreement with SHI International Corp. (https://www.shi.com/) and with pricing and terms set by a contract award from the National Association of State Procurement Officials (NASPO) (https://www.naspo.org/).

The total three -year cos t of this agreement is again $328,567 and is detailed in Attachment B. Furthermore, staff recommends that the City Council, approve the attached resolution (Attachment A) and dispense with bidding requirements under Section 3.20.30(6) of the Campbell Municipal Code (CMC) , which states that bidding requirements may be dispensed with when:

The city elects to purchase supplies, materials or equipment directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the county of Santa Clara or any other California county or municipality. Such purchases are allowed provided that:
(A)The bidding procedures conducted by the agencies identified are reasonably consistent with Section 3.20.050 of this code, and (B)The vendor agrees to provide the same low bid price to the city as provided to the awarding agency
NASPO is an Arizona based cooperative purchasing consortium dedicated to advancing public procurement through leadership, e xcellence, and integrity. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. NASPO is an organization that helps its members achieve success as publi c procurement leaders through promotion of best practices, education, professional development, research, and innovative procurement strategies. As such, NASPO undertakes competitive bidding processes such as Requests for Proposals (RFPs) for the benefit of its members and in order to obtain better volume pricing, reduce the time it takes to procure critical goods and services, and maintain best practices in competitive procurement. 11 Packet Pg. 154
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SHI International Corp. is a reseller of NEOGOV products and was selected by NASPO, through a competitive procurement process (NASPO ValuePoint Master Agreement No. ADSPO16 -10651), to offer NEOGOV products at set pricing and terms . Staff is proposing purchasing the NEOGOV HRIS and Payroll platform through SHI International Corp and NASPO.

Upon review, staff has determined that the bidding procedures used by NASPO are reasonably consistent with Section 3.20.050 of the CMC and SHI International Corp. has agreed to provide the same low bid price to the City as provided to NASP O. And although NASPO is an Arizona based cooperative purchasing consortium , the State of California has also agreed, via a Participating Addendum (PA) (7-16-70-36), to NEOGOV pricing and terms through NASPO’s award to SHI International Corp. Thus, both City Procurement staff and the City Attorney’s Office feel that use of the SHI / NASPO agreement is consistent with the criteria to dispense with competitive bidding requirements under Section 3.20.30(6) of the CMC.

And lastly, once started, it is anticipated implementation efforts will ta ke three to six months and require considerable internal staff time within HR and Payroll . As such, staff is also requesting a budget adjustment of to $68,000 in FY 2023 to account for outside support that will be needed to ensure that day -to-day HR and Payroll functions are still performed timely without interruption while internal staff dedicates a significant portion of their workdays to implementation efforts. Staff estimates that it may need such outside support for two to three days per week over the next three to six months to ensure uninterrupted operations ; especially in the Payroll Division where only one (1) employee performs all functions . While the FY 2023 Adopted Budget has sufficient funding for NEOGOV set up, training, and year one licensing costs, an appropriation for outside operational support was not included. Thus, staff is proposing that $ 68,000 be transferred from the American Rescue Plan Act (ARPA) Fund (#221) to the General Fund to support the add itional help needed. This would be added to $7,000 in remaining FY 2023 Adopted Budget appropriations for this initiative ($135,000 Adopted Budget less $128,000 NEOGOV costs) and result in a total allocation of $75,000 for outside operational support. Fo r reference, t he ARPA Fund is estimated to have $4.6 million in remaining balance by the end of FY 2023 ; before the proposed transfer to the General Fund shown above.

FISCAL IMPACT
The FY 2023 Adopted B udget includes a total of $135,000 between the Human Resources Division ($35,000) and Payroll Divisions ($100,000). NEOGOV setup, training, and year one licensing costs of approximately $128,000 can be supported by the FY 2023 Adopted Budget; leaving a balance of $7,000 to be used for outside operational support during the implementation. Staff is requesting a budget adjustment of $68,000 in FY 2023 for outside operational support; funded through a transfer to the General Fund from the ARPA Fund and bringing the budget appropriation for outside operational support to $75,000. Annual NEOGOV licensing costs of $86,593 in year 2 11 Packet Pg. 155
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and $114,191 in year 3 will be included in future year s’ budgets. Licensing costs for years 1 and 2 include a significant discount provide d by NEOGOV. Licensing costs for year 3 are non-discounted. Should the City extend its agreement past year 3, it is expected that annual licensing costs will increase by a CPI of approximately 3% going forward. And lastly, once the NEOGOV HRIS and Payroll platforms are implemented, the City should see a $10,000 to $15,000 reduction in annual license costs paid to CentralSquare for use of its eFinancePlus HR and Payroll modules starting in FY 2024.

ALTERNATIVES

1. Do not approve the use of the SHI International Corp. agreement awarded by NASPO to purchase the NEOGOV HRIS and Payroll platforms and instead direct staff to use another competitive bidding process such , as a Request for Proposal (RFP), to purchase NEOGOV or another HRIS and Payroll platform . This will add several months to the procuremen t process and could result in different pricing than what is presented in this report; higher or lower.

2. Do not approve the purchase of the NEOGOV HRIS and Payroll platforms and instead direct staff to develop a full ERP needs assessment, RFP, and vendor selection process in FY 2023, so as to start replacing the eFinancePlus ERP in FY 2024 . This could result in an implementation process taking two to three years and an added cost s of $2 million to $5 million for full ERP setup, training, licensing, and associated costs.

3. Provide staff with other direction.

Prepared by:

Jenny Le-Christensen, HR Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
11 Packet Pg. 156
NeoGov HRIS and Payroll Platform Purchase Page 8 of 8
b. Pricing Quote
c. Budget Adjustment
11 Packet Pg. 157
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE -YEAR
AGREEMENT WITH SHI INTERNATIONAL CORP. , USING PRICIN G AND

TERMS SPECIFIED THROUGH A COMPETITIVELY BID AWARD FROM THE

NATIONAL AS SOCIATION OF STATE PROCUREMENT OFFICIALS
(NASPO), TO PURCHASE THE NEOGOV HUMAN RESOURCES

INFORMATION SYSTEM (HRIS) AND PAYROLL PLATFORM FOR AN
AMOUNT NOT TO EXCEED $328,567 ; AND TO DISPENSE WITH BIDDING

REQUIREMENTS, AS SPECIFIED IN CAMPBELL MUNICIPAL CODE
SECTION 3 .20.030(6); AND AUTHORIZING THE FINANCE DIRECTOR TO

IMPLEMENT AN ASSOCIATED BUDGET ADJUSTMENT FOR

IMPLEMENTATION SUPPORT SERVICES

WHEREAS, the Human Resources (HR) and Payroll Divisions currently use several paper-based manual s ystems as well a s an outdated Enterprise Resource Planning (ERP) system (eFinancePlus provided by CentralSquare Technologies) and disconnected Microsoft Word, Microsoft Excel, and Adobe Acrobat forms for all HR and payroll functions including recruiting, onboardi ng, performance evaluations, training tracking, and timecards; and

WHEREAS, these are labor intensive and time -consuming processes and staff is seeking a more modern electronic process for managing HR and Payroll functions; and

WHEREAS, a team consisti ng of HR, Payroll, Information Technologies (IT) staff developed solution requirements, contacted vendors and reviewed software demonstrations from a variety of software providers; and

WHEREAS, based on th e aforementio ned due diligence process, staff determined that NEOGOV provides the bes t functionality, modularity, an d ease of implementation to meet the requirements of the HR and Payro ll Divisions, including a short implementation timeline and reasonable costs, and is the leading provider of HRIS and Payroll systems for the public sector; and

WHEREAS, the City Council is authorized by Campbell Mun icipal Code (CMC) Section 3.20.030(6) to dispense with bidding requirements when:

The City elects to purchase supplies, materials o r equipment directly from a vendor determined to be the lowe st responsible bidder as a result of a competitive bid process conducted by the State of California, the County of Santa Clara or any other California county or municipality. Such purchases are allowed provided that:

(A)The biddi ng procedure s conducted by the agencies identified

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Attachment: Resolution (NeoGov HRIS and Payroll Platform Purchase) are reasonably consistent with Section 3.20.050 of the CMC, and (B)The vendor agrees to provide the same low bid price to the City as provided to the awarding agency; and

WHEREAS, NASPO is an Ari zona base d cooperative pur chasing consortium dedicated to advancing public procurement through leadership, excellence, and integrity , is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the t erritories of the United S tates, is an organization that helps its members achieve success as public procurement leaders through promotion of best practices, education, professional development, research, and innovative procurement strategies, and undertakes compet itive bidding pro cesses such as Requests for Proposals (RFPs) for the benefit of its members and in order to obtain better volume pricing, reduce the time it takes to procure critical goods and services, and maintain best practices in competitive procurement; and

WHEREAS, SHI International Corp . is a reseller of NEOGOV products and was selected by NASPO, through a competitive procurement process (NASPO ValuePoint Master Agreement No. ADSPO16-10651), to offer NEOGOV products at set pricing; and

WHEREAS, upon review, staf f has determined that the bidding procedures used by NASPO are reasonably consi stent with Section 3.20.050 of the CMC and SHI International Corp. has agreed to provide the same low bid price to the City as provided to NASPO; and

WHEREAS, although NASPO is an Arizona based cooperative purchasing consortium, the State of California ha s also agreed, via a Participating Addendum (PA) (7-16-70-36), to NEOGOV pricing and terms through NASPO’s award to SHI International Corp.; and

WHEREAS, Staff is proposing purchasing the NEOGOV HRIS and Payroll platforms through from SHI International Corp . using pricing and t erms as specified by a NASPO competitively bid award; and

WHEREAS, if the purchase of NEOGOV is approved, staff also has the need for outside support so that HR and Payroll staff can still conduct day-to-day operations; and

WHEREAS, outside operational support is estimated to cost up to $75,000 and requires a budget adjustment of $ 68,000 in FY 20 22, u tilizing American Rescue Plan Act (ARPA) funds; and

WHEREAS, the City of Campbell recognizes the need for a more modern Human Resources Information System (HRIS) and Payroll Platform; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the City Mana ger to execute a three -year

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Attachment: Resolution (NeoGov HRIS and Payroll Platform Purchase) agreement with SHI International Corp. , using pricing and terms specified through a competitively bid award from the National Association of State Procurement Officials (NASPO) , to purchase the NEOG OV Human Reso urces Information S ystem (HRIS) an d Payroll Platform for an amount not to exceed $328,567; and, to dispense with bidding requirem ents, as specified in Campbell Municipal Code Section 3.20.030(6) ; and does hereby authorize the Finance Director to implement an associated budget adjustment for impl ementation support services.

PASSED AND ADOPTED this 20th day of September, 2022 by the following rol l call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Paul Resnikoff, Mayor

ATTEST:

__________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (NeoGov HRIS and Payroll Platform Purchase)

Pricing Proposal
Quotation #:  22277822
Created On:  7/20/2022
Valid Until:   7/31/2022

CA-City of Campbell Inside Account
Executive

Jenny Le-Christensen
70 N. First Street
Campbell, CA 95008
United States
Phone: (408) 866-2123
Fax:

Email: [email protected]

Alex Coleman
290 Davidson Ave.

Somerset, NJ 08873
Phone: 732-667-2788
Fax:

Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total

1 Platform Module, Includes Insight, Onboard, Governmentjobs.com, Perform, Learn, Payroll, Time & Attendance, Benefits, Core HR, eForms, and Candidate Text Messaging (CTM)
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 1
1 $54,202.41 $54,202.41

2 Payroll Services Subscription
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 1
1 $4,499.48 $4,499.48

3 Platform Module Setup And Training
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 1
1 $53,686.55 $53,686.55

4 Payroll Services Setup
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 1
1 $15,393.78 $15,393.78

Total $127,782.22

Additional Optional Items

Platform Module, Includes Insight, Onboard, Governmentjobs.com, Perform, Learn, 1 $82,092.70 $82,092.70 Evaluating unlicensed DynamicPDF feature. Click here for details. [31:45:d3]

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Attachment: Pricing Quote (NeoGov HRIS and Payroll Platform Purchase) Payroll, Time & Attendance, Benefits, Core HR, eForms, and Candidate Text Messaging (CTM)
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 2

Payroll Services Subscription
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 2
1 $4,499.48 $4,499.48

Platform Module, Includes Insight, Onboard, Governmentjobs.com, Perform, Learn, Payroll, Time & Attendance, Benefits, Core HR, eForms, and Candidate Text Messaging (CTM)
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 3
1 $109,692.04 $109,692.04

Payroll Services Subscription
NEOGOV - Part#:

Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Note: Software, ESD, YEAR 3
1 $4,499.48 $4,499.48
Additional Comments
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.

Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program.

Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order.

SHI International Corp. is 100% Minority Owned, Woman Owned Business.

TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.

Evaluating unlicensed DynamicPDF feature. Click here for details. [31:45:d3]

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Attachment: Pricing Quote (NeoGov HRIS and Payroll Platform Purchase) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

September 20, 2022 BA-4
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
101.980 6899 Transfer In 68,000

EXPENDITURES
221.980 9899 Transfers Out 68,000$
101.535 7432 Other Contractual Services 68,000
REASON FOR REQUEST - BE SPECIFIC:

Finance Director HR Manager City Manager
Finance Department
Will Fuentes Jenny Le-Christensen Brian Loventhal
To transfer $68,000 from the American Rescue Plan Act (ARPA) Fund to the General Fund to support day-to-day HR and payroll functions while internal staff assist in the implemenation of a new HRIS and payroll platform; bringing total allocation for such purposes to an amount not to exceed $75,000.
535 - Accounting

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Attachment: Budget Adjustment (NeoGov HRIS and Payroll Platform Purchase) City
Council
Report
TITLE: Oktoberfest Fee Waiver Request (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution approving a 50% reduction in fees charged to the Campbell Chamber of Commerce for the 2022 Oktoberfest.

BACKGROUND
Request for Downtown Special Event Permit
On August 2, 2022, the Campbell Chamber of Commerce (Chamber) submitted to the City of Campbell (City) an application for a D owntown Special Event Permit that would allow the Chamber to hold its Oktoberfest event in Downtown Campbell on Saturday, October 15, from 10:00 a.m. to 6:00 p.m., and on Sunday October 16, from 10:00 a.m. to 5:00 p.m. The event was described as an annual fundraising event with a food row on First Street and craft vendors along Campbell Avenue. The estimated attendance for the event was listed as approximately 40,000.

On September 6, 2022, the City Council (Council) voted to grant the requested Downtown Special Event Permit.

Request for Downtown Special Event Fee Waiver
On August 2, 2022, the Chamber also requested the City grant a fee waiver for the Oktoberfest event to reduce the fees charged by the City to cover the City’s cost of holding the event in Downtown Campbell. Specifically, the Chamber requested the fees be reduced “in the amount of 50% or $25,000, whichever is less.” The total City cost for the 2022 Oktoberfest is estimated at approximately $65,000 (including application processing fees and fees for Public Works personnel to prepare the public right of way for the event and for Police Department sworn personnel to staff the event). The City’s Downtown Special Event Fee Waiver Policy allows for a waiver of 25% of processing fees and 25% of staffing fees if the applicant:
• Provides “an itemized financial statement showing direct costs for event expenses and revenue for which the fee waiver is requested, and a profit or loss Item: 12
Category: UNFINISHED BUSINESS
Meeting Date: September 20, 2022
12 Packet Pg. 164
2022 Oktoberfest Fee Waiver Request Page 2 of 4
sheet for the previous operating year, comparing the projected bud get with the actual budget showing the net profit or loss…”
• Has a “proposed budget on file, which projects a break -even or profitable event, when calculated using the fee waiver requested…”
• Provides documentation that the event will “generate less than $10 0,000 in net revenue (based on financial statements from the prior year’s event)…” and • Has “no outstanding debts payable to the City of Campbell...” The policy further states that incomplete applications will not be considered and that approval of the req uest will be determined solely on the information provided on the application.

On September 6, the Council heard the Chamber’s request for a fee waiver. The Chamber advised the Council that it had not submitted the financial documentation required by t he policy because it was concerned with its financials being made public.

Staff also provided documentation to the Council showing that the Chamber had an outstanding balance with the City of $48,649.52 related to fees charged by the City for the Chamber’ s 2022 Boogie Music Festival. Staff further advised that this balance included a 25% fee waiver reduction and was due for payment on July 13, 2022. The Chamber explained that it had not made payment on the balance due because the Chamber had intended to request that the Council adjust the 25% fee waiver to allow for a 50% reduction in fees.

Upon hearing the matter, the Council voted to grant a 25% reduction in fees for the upcoming 2022 Oktoberfest provided that the Chamber and the City came to a mutuall y acceptable agreement for the Chamber to pay the outstanding balance of $48,649.52 due for the fees related to the 2022 Boogie Music Festival; and, upon the Chamber submitting the required financial documentation to support a fee waiver request. The City Council further advised that the Chamber could return to the Council on September 20, 2022 to pursue its request for a 50% reduction in fees for the 2022 Oktoberfest.

DISCUSSION
On September 12, 2022, the City Manager’s Office and the Finance Department met with the Chamber to discuss settlement of the unpaid balance for the 2022 Boogie Music Festival and to review the Chamber’s financial documentation in support of a reduction in fees for the upcoming Oktoberfest.

By the end of the meeting, the City an d the Chamber had come to an agreement that the Chamber would pay the outstanding balance of $48,649.52 due to the City for the 2022 Boogie Music Festival, subject to the terms of a promissory note requiring monthly payments over a period of 19 months.

With regard to the request for a reduction in fees for the upcoming Oktoberfest, the Chamber shared the following:
• A detailed profit and loss sheet for the previous year’s Oktoberfest; 12 Packet Pg. 165
2022 Oktoberfest Fee Waiver Request Page 3 of 4
• Documentation supporting projected costs for the 2022 Oktoberfest event expenses and event revenue for which the fee waiver is being requested; • Documentation supporting a projected break -even or profitable 2022 Oktoberfest event, when calculated using the fee waiver requested; and • Documentation supporting that the 2022 Oktober fest event will generate less than $100,000 in net revenue.

Based on the Chamber’s documentation, staff believes the Chamber has met the requirements to support a 25% reduction in fees.

Additionally, the Chamber shared with staff documentation that det ailed the profits and losses for the Oktoberfest event dating back to calendar year 2017. Based on this documentation, the losses the Chamber clearly experienced during COVID -19, and the representations the Chamber made regarding steps it is taking to cov er the Chamber’s operational costs, staff believes that a 50% reduction in the fees for this year’s Oktoberfest (versus a 25% reduction in fees) is an appropriate reduction for the City Council to approve. The table below provides a comparison of estimated fees at the current 25% approved fee waiver level and the proposed 50% fee waiver level:

Total Est. City Fees Fee Waiver Net Chamber Fees

25% Waiver
$65,000 ($16,250)

$48,250

50% Waiver
$65,000 ($32,500)

$32,500

FISCAL IMPACT

The total City cost for this year’s upcoming Oktoberfest is estimated at approximately $65,000 (which includes processing fees and staffing fees). A 50% fee waiver will result in a loss to the City of an estimated $32,500.

ALTERNATIVES

1. Do not approve any waiver of fees related to the 2022 Oktoberfest.

2. Approve only a 25% fee reduction of fees related to the 2022 Oktoberfest.

3. Provide other direction to staff.

12 Packet Pg. 166
2022 Oktoberfest Fee Waiver Request Page 4 of 4
Prepared by:

Angelique Gaeta, Assistant City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution Approving Fifty Percent Fee Waiver Oktoberfest 2022 12 Packet Pg. 167
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A 50% REDUCTION IN FEES CHARGED TO
THE CAMPBELL CHAMBER OF COMMERCE FOR THE 2022 OKTOBERFEST

WHEREAS, on August 2, 2022, the Campbell Chamber of Commerce (“Chamber”) applied for a Downtown Special Event Fee Waiver and requested that the City of Campbell (“City”) reduce the fees charged by the City for the Chamber to hold its 2022 Oktoberfest in Downtown Campbell “in the amount of 50% or $25,000, whichever is less;” and

WHEREAS, the total City cost for the Oktoberfest is estimated at approximately $65,000 (including application processing fees and fees for Public Works personnel to prepare the public right of way for the event and for Police Department sworn personnel to staff the event); and

WHEREAS, the City’s Downtown Special Event Fee Waiver Policy allows for a waiver of 25% of processing fees and 25% of staffing fees if the applicant:

• Provides “an itemized financial statement sh owing direct costs for event expenses and revenue for which the fee waiver is requested, and a profit or loss sheet for the previous operating year, comparing the projected budget with the actual budget showing the net profit or loss…”
• Has a “proposed budget on file, which projects a break -even or profitable event, when calculated using the fee waiver requested…”
• Provides documentation that the event will “generate less than $100,000 in net revenue (based on financial statements from the prior year’s event)…” and • Has “no outstanding debts payable to the City of Campbell...”; and

WHEREAS, on September 6, 2022, the City Council heard the Chamber’s request for a fee waiver; and

WHEREAS, on September 6, 2022, the Chamber had an outstanding balance with the City of $48,649.52 related to fees charged by the City for the Chamber’s 2022 Boogie Music Festival; and

WHEREAS, on September 6, 2022, the City Council voted to grant a 25% reduction in fees for the 2022 Oktoberfest provided that the Chamber and the City c ame to a mutually acceptable agreement for the Chamber to pay the outstanding balance of $48,649.52 ; and, upon the Chamber submitting the required financial documentation to support a fee waiver request; and

WHEREAS, on September 6, 2022, the City Council further voted that the Chamber could return to the City Council on September 20, 2022 to pursue its request for a 50% reduction in fees for the 2022 Oktoberfest; and

WHEREAS, on September 12, 2022, the City Manager’s Office and the Finance Department met with the Chamber and came to an agreement that the Chamber would pay the outstanding balance of $48,649.52 due to the City for the 2022 Boogie Music Festival, subject to the terms of a promissory note requiring monthly payments over a period of 19 months; and

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Attachment: Resolution Approving Fifty Percent Fee Waiver Oktoberfest 2022 (2022 Oktoberfest Fee Waiver Request) WHEREAS, with regard to the request for a reduction in fees for the 2022 Oktoberfest, the Chamber shared the following:

• A detailed profit and loss sheet for the previous year’s event; • Documentation supporting projected costs for the 2022 Oktoberfest event expenses and revenue for which the fee waiver is being requested;
• Documentation supporting a projected break -even or profitable event, when calculated using the fee waiver requested; and
• Documentation supporting that the event will generate less than $100,000 in net revenue; and

WHEREAS, based on the Chamber’s documentation, staff believes the Chamber has met the requirements to support a 25% reduction in fees; and

WHEREAS, the Chamber also shared with staff documentation that detailed the profits and losses for t he Oktoberfest event dating back to calendar year 2017 ; and, based on this documentation, the losses the Chamber clearly experienced during COVID -19, and the representations the Chamber made regarding steps it is taking to cover the Chamber’s operational costs, staff believes that a 50% reduction in the fees for the 2022 Oktoberfest is an appropriate reduction for the City Council to approve;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve the Campbell Chamber of Commerce’s request for a fee waiver reducing the fees charged by the City of Campbell for the 2022 Oktoberfest , currently estimated at approximately $65,000, by 50%.

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, City Clerk

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Attachment: Resolution Approving Fifty Percent Fee Waiver Oktoberfest 2022 (2022 Oktoberfest Fee Waiver Request)

City
Council
Report

TITLE: Receive a Progress Update on the Residential Design Standards Work Plan Effort and Preparation of an Initial Draft of the Multi - Family Residential Dev elopment and Design Standards. (File No.:

PLN-2022-90)

RECOMMENDED ACTION

That the City Council receive the report and provide feedback on the initial approach for preparing the Multi-Family Residential Development and Design Standards.

PURPOSE
The purpose of this item is to provide an update to the City Council on the Residential Design Standards work plan effort, including the following: a) Feedback received from the public and developer meetings held to date and how it informs the focus and direction of the Residential Design Standards; and b) Informational overview of the steps taken by the City’s consultant, Opticos, to prepare an Initial Draft of the Multi - Family Residential Development and Design Standards, including an evaluation of the City’s pla nning documents, and an analysis of the existing built environment in Campbell.

BACKGROUND
On August 17, 2022 , the City Council received a ‘Kick -Off’ report on the subj ect item, provided guidance on key aspects of the work plan and established four guiding principles to ensure the scope of work remains focused on priorities and is completed on time (reference Attachment A – Council Feedback & Guiding Principles).

On August 23, 2022 , the Planning Commission received the same ‘Kick -Off’ presentation presented to the Council on August 17, 2022, as well as a summary of Council direction from the meeting. At the meeting, the Planning Commission appointed Commissioners Buchbinder and Kamkar to serve on an Ad -Hoc Subcommittee which will help research topic areas of interest – such as best practices related to parking standards.

DISCUSSION
The City of Campbell needs to adopt objective standards to effectively review development of housing projects, consistent with state law. Once established, these Item: 13
Category: UNFINISHED BUSINESS
Meeting Date: September 20, 2022
13 Packet Pg. 170
Residential Design Standards Page 2 of 9
standards will serve to provide significant control over the site layout and architectural design of new housing projects, over which the City currently has limited or no control.

This item serves as an update on the City’s effort to prepare and adopt Citywide development and design standards for multi -family and mixed -use development projects, wh ich have been prioritized to account for new land use designations under consideration as part of the General Plan and Housing Element updates. Given the limited time to complete the update prior to the adoption of the General Plan and Housing Element upda tes early next year (March 2023), the project scope does not involve single -family homes. To make this distinction clear, and to be consistent with Council direction from its meeting of August 27, 2022, staff intends to rebrand the workplan from “Residenti al Design Standards” to “ Multi-Family Development and Design Standards” going forward.

The following discussion includes a summary of recent community engagement performed and public feedback, an overview of the steps being taken to develop new standards, a summary of the sites included in the initial test fit studies, and review of the project schedule and next steps.

Community / Stakeholder Engagement & Feedback

In August and September of 2022, staff took several actions to facilitate community and stakeholder feedback, including conducting a series of community and stakeholder outreach meetings, hosting a booth at the weekly Farmer’s Market, and distributing an online survey . Through these outreach events, staff collected detailed feedback from the community, interested parties, and developers on community design preferences and key considerations related to the plan effort as follows. A summary of community feedback received to date has been provided in Attachment B – Community Survey Results and Public Feedback:

- Encourage projects to have varied/pitched roofs that look like an assemblage of multiple distinct buildings (i.e., Cresleigh/Parkview).

Figure 1: Proposed Cresleigh/Parkview Project

- Discourage projects with exclusively flat roofs (i.e., 300 Railway Avenue/St.

Anton, Pennylane)

13 Packet Pg. 171
Residential Design Standards Page 3 of 9

Figures 2 & 3: 300 Railway/St. Anton & Pennylane Projects

- Encourage Spanish architectural styles, especially at the Pruneyard and along Winchester Boulevard near the Community Center.

Figures 4 & 5: Sample Images of Spanish Styles from the Community Design Survey

- Support “Cannery” style architectural in the Downtown and surrounding areas.

Figure 6: Example “Cannery” style architecture at 300 Orchard City Drive

- Consider establishing different parking standards for specific uses (i.e., parking needs for senior housing projects change over time).
- Consider changes to private and commo n open space regulations (e.g., allow flexibility to decrease private open space but increase common open space and vice versa, allow a ‘credit’ system for common open space) - Be mindful with standards that are overly prescriptive (e.g., architecture, setbacks)

Further, the community was polled on architectural preferences by specific areas and neighborhoods of the City including West Campbell, Winchester Boulevard, Downtown, Creekside/Pruneyard, and San Tomas area. A summary of policies pertaining to thes e areas, and public feedback received, have been included in Attachment C. 13 Packet Pg. 172
Residential Design Standards Page 4 of 9
The feedback received will be incorporated in the preparation of the Initial Draft of the Multi-Family Residential Development and Design Standards.

Review of Existing Standards & Built Environment

To support research needed to prepare an Initial Draft of the Multi -Family Residential Development and Design Standards Opticos has conducted a review of the standards contained in the City’s existing planning documents (e.g., zoning ordinance, area plans), the residential densities under consideration as part of the General Plan and Housing Element update and conducted an evaluation of the existing built environment in Campbell.

Opticos is evaluating the standards (i.e., setbacks, floo r area ratio, lot coverage) with the assistance from staff to determine what standards can be retained and which standards will need to be adjusted to account for the new land use designations under consideration. As the City Council will be separately con sidering refinements to the Draft Housing Opportunity Site map inventory later this year, this research is also anticipated to help highlight properties in the City where a reduction density may be warranted to minimize compatibility issues that may otherw ise result (see related discussion under ‘Next Steps’).

While still in draft form, results of these initial efforts are included as Attachments D through J and summarized as follows:

1. Zoning Envelope Analysis (Attachment D)

The intent of this analysis is to illustrate how properties in Campbell can be developed today using the existing codes. This ‘Zoning Envelope Analysis’ provides a 3 -D representation of the potential building form based on a review of existing objective standards and will be used goi ng forward for comparison purposes with the new Multi - Family Residential Development and Design Standards

Figure 7: Excerpt from Zoning Envelope Analysis

13 Packet Pg. 173
Residential Design Standards Page 5 of 9

2. Frontage Type Analysis (Attachment E)

Opticos has also begun to evaluate the existing built en vironment in Campbell and conducted a streetscape study of “frontage types” (i.e., how buildings interface the street) found in the City.

The Frontage Type Analysis illustrates some of the most common frontage types, by land use designations under consideration by the General Plan (reference Attachment F – Draft General Plan Map and Symbology), with large circles representing more representative examples of the frontage types identified.

Figure 8: Excerpt from Frontage Type Analysis

Based on this i nformation, Opticos will work with staff to develop frontage type standards unique to Campbell and apply them to areas where they are present in the community. For example, as the ‘Shopfront, Recessed/Angled’ frontage type is commonly found in the Campbell Downtown, it will be retained as a design option for future projects in that area.

3. Existing Height Limits Analysis (Attachment G)

Understanding building height is a major consideration of the update, Opticos has worked with staff to prepare an analysis of existing height limits in the City.

Figure 9: Excerpt from Existing Height Analysis

This information, in addition to the Zoning Envelope Analysis, will serve to inform the initial application of standards and help identify areas where significant differences in height between existing and proposed land use designations may present compatibility considerations. Working with Opticos, staff intends to prepare a Height Analysis that accounts for planned land use designations and standards, once develo ped, and 13 Packet Pg. 174
Residential Design Standards Page 6 of 9
explore ways that the City’s maximum building height of 75-feet may be respected, even in circumstances where a developer pursues a density bonus.

4. Density Limits in Draft General Plan Analysis (Attachment H)

To better understand land use designations under consideration by the Housing Element and General Plan, Opticos prepared a gradient ‘heat map’ of residential densities throughout the City.

Figure 10: Excerpt from Density Limits in General Plan Analysis

This map will be one of several tools presented to the Council in November of this year, when considering refinements to the Housing Opportunity Sites inventory, to help determine where potential conflicts between land uses may occur and how they may be addressed by the new standards under development.

5. Parking Standards (Attachment I & J)

Staff is working with Opticos and the Planning Commission Ad -Hoc subcommittee to evaluate options for proposed modifications to Campbell’s parking standards. This initial research includes the following components:

• Campbell Parking Standards Summary: Included as Attachment I, a summary of Campbell’s existing parking standards and the parking standards allowed by state density bonus law, has been provided.

• Parking Standards Comparison Studies: Included as Attachment J, staff has started to prepare an initial draft of a parking standards comparison survey, summarizing how the City of Campbell’s residen tial parking standards compare to those adopted, or under consideration by, adjoining communities.

• Walkability Map: As part of the update, Opticos will prepare a map which identifies the ‘walkability’ of specific properties (i.e., within a half -mile of transit/10-minute walking distance of specified amenities). This map will serve to inform where specific design regulations (such as frontage treatments) may be applied and where the City may consider reducing parking standards.

• Summary of Pending Legis lation: As part of the parking standards analysis, staff intends to provide an update on existing and pending legislation that reduces 13 Packet Pg. 175
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parking standards, including AB 2097 which will prohibit a minimum parking mandate on residential, commercial, and mixed -use developments within a half - mile of a major transit stop in certain circumstances.

• Test Fit Studies: To help ground the exercise, the Test Fit Studies will serve to illustrate the impact of parking standards on the site layout and architectural design of new multi-family residential projects.

In addition to providing these deliverables, staff will work with Opticos, as well as the Ad-Hoc Subcommittee of the Planning Commission, to identify best practices as well as case studies from communities that have been successful in reducing their parking standards.

Test Fits
As part of the project scope of work, Opticos will prepare “Test Fits” that will serve to illustrate the application of the Multi -Family Development and Design Standards at various stages of development (Initial Draft, Administrative Draft, Final Draft).

Figure 11 – Example Test Fit Analysis

At its meeting of April 19, 2022, the City Council identified the following five (5) sites to be studied:

Address Existing Studied Land Use
600 E Hamilton Ave. Former Fry's Electronics MU-TO
2415 S Winchester Blvd. Safeway Shopping Center MU-TO
92 N San Tomas Aquino Rd. San Tomas Plaza MU-CC
621 E Campbell Ave. Greylands Office Park MU-HD
251 Llewellyn Ave. Uplift Family Service MDR
Table 1: Identified Test Fit Sites

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As the project scope anticipates preparing up to ten (10) test fit studies, Opticos has recommended including the additional five properties to the list based on an analysis of the number of properties in the City which share similar lot shapes and configurations.

For example, 139 Alder Ave. was selected for this review as it represents one of 37 properties in the City that share a similar lot size (60 feet wide, 135 feet deep) and land use designation.

Address Existing Studied Land Use
74 Dillon Ave. Bay Mountain Storage MU-CC
1855 S Winchester Blvd. Office CBD
139 Adler Ave. Fourplex MDR
200 Budd Ave. Duplex LMDR
255 Dillon Ave. Storage GC-MU
Table 2: Opticos Recommended Test Fit Sites

While several developers/propert y owners have expressed interest in having their properties be included in the Test -Fit Analysis, staff is supportive of the list identified by Opticos for the initial rollout to ensure broad coverage of the standards under development and will return with alternative sites for consideration, based on developer/property owner interest, at a later phase of the update process.

Project Schedule / Next Steps
Based on public feedback and input received to date, Opticos has started to prepare an Initial Draft of the Multi-Family Residential Development and Design Standards which is anticipated to be completed late September / early October.

Figure 12: Project Schedule

The Initial Draft of the Multi -Family Residential Design Standards will be presented to the Community on October 19, 2022, and at a developer roundtable meeting on 13 Packet Pg. 177
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October 21, 2022 . On November 15, 2022, the City Council will receive an update on the Initial Draft, as well as a summary of public/developer input received to date and will be asked to weigh in on key standards under review (i.e., proposed reductions to parking standards). This timeline keeps the project on schedule for an anticipated adoption in March of 2023 with the General Plan and Housing Element.

FISCAL IMPACTS
There are no specific fiscal impacts associated with this item.

Prepared by:

Stephen Rose, Senior Planner
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Council Feedback & Guiding Principles
b. Community Survey Results and Public Feedback
c. Policies and Public Feedback on Architectural Identity d. Zoning Envelope Analysis
e. Frontage Type Analysis
f. Draft General Plan Map and Symbology
g. Existing Height Limits
h. Density Limits in Draft General Plan
i. Campbell Parking Standards
j. Parking Standards Comparison Survey
13 Packet Pg. 178

8-17-2022 Council Feedback
On August 17, 2022, the City Council received a report on the subject item and provided the following guidance on key aspects of the work plan:
- Parking: The Council identified the need to strike the right balance between parking reduction strategies aimed to facilitate housing development and unintended neighborhood impacts. - Open Space / Landscaping: Indicated the need for definitions to ensure open space areas can function recreationally and consistency in landscaping patterns. - Campbell Specific Standards: Creating standards that reflect the unique character of Campbell and not a “one size fits all” approach. Furthermore, ensure the residential design standards consider potential impacts that may result from projects that apply for a state density bonus. - Guiding Principles: The Council supported the three principles outlined in the report (i.e., Keep it Simple, Focused, and Engaging) and suggested the inclusion of a fourth, “Keep it Moving”, recognizing the limited time available. On this point, the Council also expressed interest to maintain a list of issues identified throughout th e
u
pdate process to be returned for consideration and Council prioritization following the initial phase of review. - Ad-Hoc Subcommittee: The Council report included a discussion on the potential formation of an ad-hoc s
ubcommittee of the City Council and/or Planning Commission. The Council declined to create an ad-hoc subcommittee comprised of Council members but identified the possibility of a subcommittee comprised of only members of the Planning Commission.
- Community Engagement: Provided direction to prioritize broader engagement over engagement to select community groups.

R
esidential Design Standards Guiding Principles
Guiding Principle #1: Keep it Simple
- Consolidate the standards in a single document
- Supersede, rather than attempt to amend, existing standards - Limit the comparison of proposed standards against vague/existing policies Guiding Principle #2: Keep it Focused
- Focus on priority housing types (small-lot, multi-family, mixed-use development) - Prevent ‘scope creep’ by deferring non-priority items (i.e., single-family) in this first phase - Stay on schedule to avoid conflicts with Housing Element/General Plan work effort Guiding Principle #3: Keep it Engaging
- Illustrate design concepts rather than rely on narrative and technical terms - Provide multiple opportunities to participate in-person and online - Hold targeted meetings on needs of key stakeholders
- Provide for on-demand appointments, as needed
Guiding Principle #4: Keep it Moving

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Attachment: Council Feedback & Guiding Principles (Residential Design Standards) Topic Comment
I like ornamented buildings
Breaking up the eyesight so you're not focused on one thing or another They're not just big flat buildings, has character to it.

Milpitas 380 units in Spanish style apt bldg - changed arch. style to fit in w/ new BART station. Campbell doesn't have a unified arch. style. Most developers want to maximize value through Historic buildings are spanish style (commercial center, old grammar school). Take inspiration from these, without "copying". Not to the point of everything looking the same --> boredom.

Winchester corridor is a good place for this style - needs aesthetic boost. Supports inspiration from history (cannery, water tower, etc.) Style: Traditional Farmhouse look (Robeson project in San Tomas), likes Merril Gardens.

Materials Use of different materials, combination of different things Want varied heights of building
Good photo in survey with various building heights. No blocks Hate to lose an opportunity to have higher buildings to the bigger streets instead of taller buildings in SFH neighborhoods. On that point I agree.

No plan for single-family homes - we should allow at least 3 stories even for SFR to make SF projects more feasible.

Prefer 2-3 story buildings.

Don't build massive buildings
Character "We have the ability to make campbell a destination place. We should hold developers to a higher standard Parking Cars are not going away in CA. Favor maintaining current parking standards. Campbell does not have impact fees - how will the City pay for increased services? [Response that this is more relevant to housing element, City Council; new property tax receipts fund services] Top 3 Picks: Topic Comment
I like roofscspaped. Not boxy flat top buildings.

Not just square blocks, they have interesting details
I liked the style of Campbell Example 1 the most because it doesn't look like a big box (like Campbell examples #2 and #3) It has character.

Least liked boxy looking buildings.

I like the lines in Campbell example #1 and Spanish #1; the others are too "boxy". Prefer these 2 because both match some of the existing architecture styles around our town.

Really don't like the plain, boxy buildings.

These are less boxy than other options. Many cities in the area have recently added new construction homes (los gatos near H17, cupertino off H280, san jose at santana row).

They all look the same - giant boxy buildings that lack any sort of charm, unique characteristics, or don't really fit into the cities typical style (i.e. los gatos). Would be great to see Campbell accommodate growth but be intentional about sticking with design choices that keep the charm.

Flat walls, back to street, no articulation. Box shaped The ones I liked were the LEAST boxy, angular, and repetitive.

I don't like slab-sided designs - the ones that aren't like that are more visually appealing Links to the heritage here. Has some personality. Please stay away from ugly boxes! I like the ones that have less of the flat, undifferentiated surfaces. I'm looking for some variation, personality. There's a line though, because too much is also unpleasing Campbell Example #1 is fine. Campbell #2 is awful - flat, featureless, boring Campbell #3 is awful - not better for the depth variation, otherwise flat, and boring Contemporary #1 is too repetitive across the set Contemporary #2 is beautiful. Would need to be thoughtful about where to place it because that style needs green space immediately nearby Spanish #1 is ok - it looks a bit top heavy and uninspired Traditional #1 - for all that it is relatively flat, has features that are pleasant. The colour selections would be important I like variety of building styles, visual or actual depth of details/facades, and/or a variety of shapes (i.e. gables, arched openings, rectangular projections, etc) to create interest.

I like ornamentation...

Don't like boxes... Something with a little character helps. Boxes -boring Look like different smaller buildings.

Scale reducing - features that make the facade feel less like one large mass so it looks like separate houses. Quality components- for example, campbell example #2 COULD be cute in a retro way but I know those metal frame windows are single pane and cheap -- so it makes the whole thing seem cheap. Or Campbell example #3 could like a funky retro eclectic spanish style, but the driveway that goes ALL the way up to the building and the lack of softening greenery makes it look cheap (and maybe another eyebrow awning on the other side).

Everyone likes the mission building
I prefer Mediterranean or Spanish
The Spanish theme goes with our downtown and civic center. It looks more like Campbell than any of the others.

Prefer [Campbell #1 and Spanish #1] because both match some of the existing architecture styles around our town.

I like how the Spanish architecture reminds me of Campbell High / Campbell Community Center, which I think is a great symbol of Campbell Like the varied façades, modern look, and Spanish look. blends in with historic structures in the city
The building reflect the craftsman and Spanish influence.

I like a more modern look.

Contemporary is modern and clean and simple design.

Modern, windows with good design and architecture.

No style like Contemporary # 2
Like modern look with big windows. Don't like old looking buildings.

Like the varied façades, modern look, and Spanish look.

Craftsman style feels like it fits the character and charm of Campbell The building reflect the craftsman and Spanish influence.

Wood accent is a fad and trendy. Perhaps look at designs that is timeless.

A lot of these would work if multiple colors and materials on the facades.

Less flat roofs.

Doors/porches facing the street, variations in roof elevations, contours in the horizontal plane I like the Spanish-style roofs....

I like roofscspaped. Not boxy flat top buildings.

The windows
Liked architecture with bigger windows for more natural sunlight. windows are nice
I dislike ... tiny windows.
open terraces in Contemporary #2
Units should have an individual outdoor space, eg patio, balcony, etc.

The extended setbacks of Spanish #1
I like porches and eyes on the street. I dislike large lawns...

Ground floor access
Most of these designs don't allow wheelchair or walker access. They cannot be retrofitted with a ramp. For those that need it now or the future for those that want to stay in their homes and "age in place". This will force people to move as they age or become disabled at a time in their lives that would be the greatest hardship. (the exception might be the Contemporary #1 - Two-Story Three-Plex)
They are all so predictable and boring. No imagination
I dislike buildings with little to no character.
2 and 3 are super ugly.
character, uneven facade
Parking Like example #1 (didn't like any of the others) - but where will people park? Street parking will not be sufficient. Rear drive is a good strategy. three plex
Toss up between #1, and Spanish #1
The ones I chose work well with existing architecture in Campbell not straight lines, large windows
Very bad examples. Built in bias
I appreciated that all of them were multi-family housing, that's the most important part to me, but I also appreciated having a diversity of aesthetically pleasing styles.

I don’t think this level of characteristic control is necessary or helpful.

Just two story and I think architecture fitting Campbell Top 3 Picks: Topic Comment
General
Comments "Boxiness" vs. Articulation
Style: Mediterranean
Building Height + Scale
Medium
Buildings
Misc.

Community Comments and Survey Feedback by Topic
Small Buildings
"Boxiness" vs. Articulation
Style: Mediterranean
Style: Contemporary
Style: Craftsman
Materials
Roofs
Openings
Open Space
Frontages
Accessibility
Character

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Less a square block
Articulation. Unifying elements but variation by unit, color, and hated out one unit of Spanish jutted out completely different from others so it looked like a bad addition/remodeling project
Boxy buildings like #2 look more commercial than residential.

Like Winchester mixed-use (#3). Railway townhouses are hideous - not appropriate look for Campbell "cruched-in-ness", boxiness; rear elevations are not good. (x2) Small stepback on Winchester bldg. Roofline at top of ground floor breaks up intimidating wall.

I don't care for the houses that are all very uniform and flat in the front.

Like... varied faces and rooflines.

Again, features that reduce the visual mass of the buiding by adding some sort of front variation helps to make the building less oppressive.

Really like the Spanish look, however some of the balcony openings should be more larger/wider ...I like Spanish-style tile roofs.

Like Spanish or traditional buildings, not modern.

People like the Winchester building (w/ retail ground floor – Campbell #3). Described as “warm.” High quality exterior facades, modern or with brick that don't attempt to be fake Spanish or Mission design.

I think it's really valuable to have a variety of styles in Campbell otherwise we become one-note like Santa Barbara (which is nice for a movie set), but imagine a town of only 1970's-style buildings - it was stylish in 1970, but would be tacky hell nowadays. ...I also like the Spanish 1 as it would blend in well in our neighborhoods, but not a lot of it.

I like the nod to the Spanish history of the area.

Like modern contemporary minimalist style buildings.

I don’t like modern structures
Like Spanish or traditional buildings, not modern.

I feel the more contemporary styles belong in a bigger city and if Campbell wants to evolve into a big City like San Jose - then those styles would help Campbell evolve in that direction. However, if Campbell would like to maintain the charm and uniqueness of the architecture and character of the existing City - then I feel like a traditional or craftsman style would be more indicative of that path for future housing.

The contemporary styles look out of Place for a small town like Campbell The Traditional style is what feels like would best maintain the character and charm of Campbell.

Like Spanish or traditional buildings, not modern.

No style like Traditional...

High quality exterior facades, modern or with brick that don't attempt to be fake Spanish or Mission design.

I like brick, and I like Spanish-style tile roofs.
...and I like color, not white or beige.

I like roof line of contemporary...

The pitched roof ones are more attractive and lend themselves to solar installations Openings I like the windows...

For anything in downtown, a street-level "connection" is important, so the entrances in Contemporary #1 need to be at street level - those oppressive stairways make the street feel less friendly (and less safe).

I like stairs and doors that open onto the sidewalk.

Doors and greenery along the sidewalk.

I do not care for stairs that lead to the 2nd floor in the contemporary #1 options, as they dominate the facade.

None. Most of these designs don't allow wheelchair or walker access. The front door is too close to the public sidewalk to build a ramp in the future. They cannot be retrofitted with a ramp. For those that need it now or the future for those that want to stay in their homes and "age in place". People would be forced to live on their first floor of a three story home. This will force people to move as they age or become disabled at a time in their lives that would be the greatest hardship. (the exception might be the Contemporary #1 - Two-Story Three-Plex)
No good for senior population
...the entrance on first level without steps is appealing from Story Apartments 2 I like the easy entry without stairs on the first level. Decks are nice too.

Really Just a bunch of Tacky Tackies all in a row. Boring No Imagination do not like very uniform repetitious forms
variation in the depth, height, coloration, etc.

I like townhomes with facades which are asymmetrical, organic, and show variation along the row. The only design I didn't like very much was Contemporary 2, which looks more like a school to me.

I do not like the repetitiveness of Contemporary #2 and Traditional #1.

Variations both vertically and horizontally
I dislike the flat, undifferentiated front facades.
what I like about Campbell #1 and 2 is the different depths - albeit #1 is very repetitive. Campbell #3 in theory does that too, but is sort of overwhelmed by the scale, and the colour scheme is drab Cont #1 isn't bad, Cont #2 is dreadful - the red and repetition are too dominant Cont #3 has some lovely features, but too many of them - it just looks like it's trying too hard Traditional #1 could be interesting with different facing choices - the contrast between too much detail on bottom floor vs lack of detail above is jarring Flat and angular = bad. Depth and variation = good...

Like the mixed use for downtown areas...

Liked the designs that seem to have high ceilings and with patios. Boxy looking and low ceilings.

Mixed use as it makes neighborhoods safer with less unoccupied time.

Bad pictures. Street presence is significant problem for these examples. do not like 3 stories
Liked townhomes. Least apartments.
-3 story liked least. Mixed use has good architecture .

Dislike for project on Railway – too “vertical.”
They both reflect the heritage architecture of the town. The others do not Top 3 Picks: Topic Comment
I like the buildings that are not just flat and uniform, but have depth and variety in appearance Mixing heights within a building can mitigate issues of scale. Mix of roof forms. Balconies can break up large mass (Juliet balconies or occupiable space).

I like the building that are not flat hut have a lot of articulation Straight clean lines are preferable.

Most of these look like big boxes. Offer different sight lines and different roof elevations, false facades.

Cresleigh Homes. It looks like multiple buildings but it's probably one building. I like it.

I dislike uniformity in the buildings that makes them giant boxes. Greenery and variations in shape make them more attractive.

I like Spanish #1 because the balconies invite individuality and interaction with the street, and respects the history of the area.

Hate almost all of them. Spanish example matches style, but is out of scale for the style—style and scale should be compatible. Materials used gratuitously. Projects near SFR should pull from style(s) of the nearby n'hood.

I am less interested in size than style- Many developers could care less about style-jsut want to put up anything that ischeap.

Spanish style is at least has a feeling of Campbell with the arched porticos and stucco walls.

I am not sure to try to maintain our City's character and charm in such large buildings, without having them look somewhat modern and contemporary. Perhaps we can "marry" the two styles and have some elements of craftsman and traditional with modern elements.

Liked modern structures, a little set back from the street, with balconies.

I don't care for the modern look of any of the others [non-Spanish]...

The flat walls of Traditional #1 and Contemporary #1 seem standoffish and foreboding.

I am less interested in size than style- Many developers could care less about style-jsut want to put up anything that ischeap. traditional look
1 and 2 remind me of Texas and the east coast - no, no! Traditional 1 should be in New York.

Traditional #1 is lovely, but I don't think it suits the residential style of Campbell The flat walls of Traditional #1 and Contemporary #1 seem standoffish and foreboding.

I am less interested in size than style- Many developers could care less about style-jsut want to put up anything that ischeap.

Traditional #1 is super high quality and looks like it has always been part of City.

I like the mixed of material with brick and stucco...

Campbell Example #3 - looks clunky, use of drab pale scheme is uninspiring Traditional brick or masonry is particularly beautiful, Materials
Medium-Large
Buildings "Boxiness" vs. Articulation
Style: Mediterranean
Style: Contemporary
Style: Traditional
"Boxiness" vs. ArticulationBuildings
Style: Mediterranean
Style: Contemporary
Style: Traditional
Materials
Roofs
Frontages
Accessibility
Misc.

Repetition vs. Variation

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Contemporary #1 - Dark red of the brick is a bit too much, but overall good Roofs [Campbell Example #2]: The roofline doesn't match the style of the building and overwhelms it Openings Liked big windows and wider patios, high ceilings. Least liked small windows and no patios. ... and each floor has a terrace.

The fact that Campbell example 2 offers a little green space in front ameliorates this oppression somewhat, but that green space should be open to the public as a welcoming mini park. A pedestrian walking by such a large wall needs to feel like there is a welcoming place for them to stop midway - greenspace, retail, etc.

Balconies can help, with flower pots.

Onyx could be better. No shade for those units. Could do something different. Exposed patios versus covered patios.

Lots of trees! We like trees .

Contemporary #2 - it's the only one that obviously has spaces for living outside Like... those which have balconies or outdoor spaces to break up building faces.

Disliked corner units that are too close to the street and would be noisy.

Flat fronted buildings set back from the sidewalk are easier to like than those with limited setback.

Example 1 attempts to have multiple facades that create interest I like the use of different styles of housing units
Again so many of these designs are far too repetitive.

Campbell Example #1 - is the closest I've seen that I would want more of - it is architecturally varied, interesting, and would fit in our town Campbell Example #2 - the repetition and dull colours outweigh the variation in depth.

Contemporary #1 - curvilinear plus rectilinear is interesting.

Campbell needs buildings with character and varied looks because it's such a mixed city I dislike uniformity in the buildings that makes them giant boxes. Greenery and variations in shape make them more attractive.

Also for campbell example 3, don't throw every design idea and the kitchen sink at one building -- be selective (personally not the biggest fan of post-modern).

Prefer mixed use, none of them wow me
Mixed use is better
Like the mixed use designs...

No. 1 is favorited. People like retail on ground floor.

Like Spanish #1 - good example of mixed-use.

At this large size, having vibrant street level retail is important. This size building can otherwise quickly feel oppressive to the pedestrians.

We are getting "over done" on mixed use!!! If we are looking to build house, then build housing.

There's a lack of trees that don't blend in
Does not blend in with the neighborhood
Laundry is on the top floor and everyone lives on the second and third floors in Penny Lane It sticks out like a sore thumb
Don't built that. It's become joke of the neighborhood
Linear lines. There's no pop outs of windows. It's just a straight line for the roof Just not attractive
Picture on the screen is incredibly complimentary to it None Way too tall. Stop trying to be like Cupertino and San Jose. Use your imagination Also these buidings must be good neighbors -- placed next to similarly large structures, or parking garages, or next to the freeway, not next to single family homes otherwise they would obliterate the sun to their neighbors.

Build fewer of these. And they require elevators to each floor.

All are great.

I don't really feel like any of the buildings maintains the character and charm of our City. However, I think the three Campbell examples are the best choices.

But keep in mind that safety is paramount -- make sure that at night all is well lit and visible -- small indents (campbell 1), or large columns (traditional 1) are unsafe - they are places where folks with ill intent can hide at night.

Examples are artificial design caricatures. Campbell is an authentic city not limited by cookie cutter.

Similar feedback design-wise as on previous buildings
...in general, the 4-5 story buildings are problematic in that they start to block out sunlight from surrounding properties. ...seeing any of these in Campbell would be wonderful; it would make it feel like we're a real city.

Dislike more than 3 stories
Spanish #1 - it's so top heavy it looks like it is going to fall over, the scale of commercial floor to res floors is really off, and uses almost entirely flat, undifferentiated surfaces Larger buildings can fit in better when flanked by smaller buildings. 4-5 stories max. 4/5 stories liked the least
Top 3 Picks: Topic Comment
Dislike: Flat facades, boring rooflines...

Would like to see more articulation.

Spanish 7 story building is nice. Another person agrees. It's broken up in multiple places. It's a different roofline; nice design; massing is broken up (1st building in collage tht includes all building photos): looks like multiple buildings but design is likely one large building broken down to smaller massing Contemporary #4 - interesting use of depth to create livable space for residents.

Like the Spanish style, others uninteresting
Spanish design in multi story heights always looks poorly implemented and isn't real. These building don't even exist in the real world that they are attempting to imitate.

The Spanish building seems more friendly. The others are to dreary and cold looking I like designs which nod to our agricultural and Spanish backgrounds as a city.

Campbell is a laid-back hometown, not a trendy urban hotspot. We don't want avant-garde angles; we want welcoming coziness. Spanish #1 is the only one that offers this.

Spanish style fits CA.

Don't like any of these, but Spanish is least bad. Same question about parking.

Spanish #1 - it's ok. Feels like the style doesn't really lend itself to a structure this tall, and that other styles would work better for this type If forced to choose a style listed above, I think Spanish #1 has the character that would fit nicely with the City style. All others look very "cookie cutter" and "boring" - and look like any building that would be found in a big city. It would be nice if the objective standards could provide enough flexibility for the design community to be able to provide unique buildings with character and charm that would fit the architectural style of our City.

Also like the Spanish style look.
modern with a lot of glass
I like the sleek design that adds interest in Contemporary #1 terrace. #i is interesting but again way too tall
what the heck is Contemporary #1 with the levitating thing on the end? Modern with big windows look good.

I like a modern look...

I sense a trend! The Contemporary designs looked very generic and cookie cutter...

Liked contemporary design.
#1 is so NOT Campbell!
Too modern for my taste.

Please avoid the ultra modern, industrial looking buildings (Hanover diridon): not suitable for campbell. If we cut off the cantilever part at the corner it is less modern; too modern for Campbell; remove RH element Contemporary #1 - love it. again, as with other more modern/glass choices would want to be thoughtful about where to put it given that Campbell is a small town. On the major corridors seems plausible.

Contemporary #2 - bricks, in different colours :(
Contemporary #3 - the contrast between the solid (stolid?) brick and the fussy glass & metal doesn't work Contemporary #4 - I imagine many would balk at the colour scheme need to screen rooftop equipment
break up roof lines -- no "soviet bloc" buildings
Dislike: ...boring rooflines...
modern with a lot of glass
Open Space Modern with big windows look good.

Liked Buildings that seem to have spacious units and patios and natural lighting. Least liked buildings that seem to be cramped looking. And do not have surrounding trees in the design.

Large Buildings
Openings
Roofs
Frontages
"Boxiness" vs. Articulation
Style: Mediterranean
Style: Contemporary
Materials
Frontages
Misc.

Open Space
Repetition vs. Variation
Mixed-Use
Penny Lane

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Again, here features that make it look less imposing -- glass, light colors, street level connecton (retail on bottom, public greenspace, entrances at streetlevel) are important.

Dislike: ...poor street presence...

Buildings that have different combination of exteriors are great.

Dislike: ... concern ground floors monotonous.

I would not like to see the DC building. If it's interesting but repetitive it gets overbearing.

I feel the opposite. I like the DC building.
(Bottom right image): this design is overbearing if doubled in length; additional comment that the building is interesting Like Spanish #1 and Traditional #1 (variation, textures).

Over 5 or 6 bays would be too much
Traditional #1 - fussy. too much detail in a way that doesn't counterbalance the repetitive pattern.

I like mixed use and more stories for higher density.

I like... mixed use.

Contemporary #4 would have been my choice if it was mixed use and preferably condos not Apartments I like the design of the first floor All are great.

All seem too large for Campbell. But that's not the question. We are mandated by the state to enable and facilitate the construction of housing - regardless of whether we choose to agree with the mandates.

Again, make sure it's a good neighbor to other builidngs - don't block light or cause privacy problems. Again, a variety of architectural styles are important in a city.

Dislike more than 3 stories. Campbell is a small town, not a large or medium sized city.

Build fewer of these. And they require elevators to each floor.

I don't like any residential in Campbell over 5 stories. And for goodness sakes, don't screw things up like San Jose and put anything taller that 3 stories if it backs up to existing residential homes. Be respectful of the residents who bought their homes because they liked the feel of the community. like traditional & modern if it is done well.

These 2 at least fit the character of the town. They are very tall and would block sun from surrounding properties. We are not Downtown San Jose or L.A. I think that the height of every one of these designs makes them all problematic.

The cantilevered prow of the first one looks weird, but these all look like beautiful buildings I'd love to see in Campbell.

Historic interpretation through modernism. Parking below grade." Repetition vs. Variation
Misc.

Mixed-Use

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Reduce parking mandates in general – replace with TDM.

Parking is huge; current reqs are too high. Please reduce parking requirements. Consider transit access. We need to take advantage of mass transit and allow us to get denser.

Covered parking eats into living space. Covered parking should not be counted toward FAR.

Upper floor stepbacks or max footprint can be overdone and can result in sameness of form. Mentioned standards somewhere where 2nd floor stepback was 10 off façade and tapering allowed footprints with each story – all projects looked the same with different skin.

Everything stacks with housing – so upper floor stepbacks can mess everything up with Type III construction. Better to set whole building back.

Stepback / sightline – against SFR okay.

WRNS – arch’l language in ODDS needs to be clear and illustrated with examples (e.g., Top, Middle, Base); Require breaks in sight-line and good massing standards I am 4 houses down from a commercial lot. If this is redeveloped with housing, how will effects on surrounding homes? Adjacency, shading, etc.

ODDS need to consider adjacencies. Sensitivity here - without chipping away at efficiency so as to make projects infeasible.

Don’t overdo adjacency massing reqmts
Building Types I own a single-family home, and I don’t want a fourplex on either side of me.

Will MMH have enough flexibility to work? (Don't want cookie cutter) Flexibility through a variety of incentives.

Developers need maximum flexibility to make great projects.

Allow max creativity/flexibility
One size fits all won’t work.

Standardizing unit sizes? This is not a good idea; need flexibility here.

Please let the architects design. ODDS can be too prescriptive. Examples: Mountain View counts above ground parking against FAR. Other places require 15-foot landscape strip off of El Camino Real.

Agree with Dave that city should let architects design. Emphasized clarity, simplicity, and usefulness of examples. FBCs are good, but the architectural language can make it challenging.

Caution about too much prescription at ground floor of residential projects. For example, stoops all the way around is difficult to do.

Code should incentivize priorities (U.G parking, public open space, etc.); Okay to use carrots to negotiate with city. Overprescriptions can render projects infeasible. Example: public plaza, public art, rooftop garden, rooftop pool.

Private + Common space mixed and matched, substituted for one another.

POPS – there should be a strong incentive for this. Interactive public space is helpful, but shouldn’t make the project infeasible.

Leverage SB-35 to get community benefits (open space).

I should be able to provide as many units as I can fit in the allowed form. Please don’t create standards for unit sizes. What if my client wants to make 100 units at 250 sf each? Allow max creativity/flexibility; don’t regulate by density We need ODDS that allow allowed density to be met.

Lot consolidation allows me to achieve greater FAR and density. Please incentivize.

What are the FARs going to be? “All I’ve been able to see is 1.0 and that doesn’t work for any of the densities that we’re talking about.

I’ve found that FBC provides more density than a FAR or max density standard—allow as much as can fit in the allowed form Land in CAM is very expensive: density is the only way to capture the value. ODDS can’t chip away at the efficiency (through parking, limited types, carving away envelope, parking requirements, non-residential requirements, etc.) Increase density
More aggressive than 75 du/ac. Currently working on projects over 100 du/ac.

Please stop regulating by density.

Currently CAM caps at 27dua. Up to 75 is uncharted here. Where has this been successful? Will MMH have enough flexibility to work? (Don't want cookie cutter) Watch how FAR is counted
70’ to 75’ or 80’ (5 or 2 – 15’ ground floor min) is most cost-effective but current Campbell standards only allow up to 65’ because of “parapet/roof” requirement Sweet spot is one level of concrete and 4 or 5 of wood. But it all depends on parking ratios. Underground parking requirement is a project killer.

2.5 stories is too restrictive. Remove height restrictions and let height go to city max of 75’.

Building height limits are resulting in projects with all flat roofs. Need exceptions to make roofline more interesting. Specifically along El Camino Real in Mountain View and in Downtown.

Architecture: don’t regulate it
Please don’t regulate architectural style.

Concerned about SB 9 and SF lot split
Density bonus is a good way of getting more units and more affordable units. CEQA is a big obstacle. Encourage SB 35 projects.

New requirements for solar will add project cost.

Things I’ve confronted with ODDS recently:
- Being explicit in your standards whether limits apply before or after the density bonus. Clarity will help with neighborhood opposition. - Experience in San Jose: staff has had a steep learning curve in applying ODS and state requirements (slowing down the streamlining). San Jose planning department isn’t keeping up with state law.

Encourage to use state standards (for example, should use same setbacks as ADU law provides ).

ODS allow projects despite neighbor opposition
Take advantage of SB-35.

New building code to go in effect next year that will add more cost to projects so pls keep in mind when adding requirements in these ODS Don’t require hearings if project is compliant
Don’t get rid of the PDs. Important escape valve and way to leverage community benefits.

Need to STREAMLINE the process
Needs to be streamlined on back end. Can’t have to deal with 3 or 4 meetings.

ODS shouldn’t require impact fee to be able to reach max possible Cannery Place is ready to go. Can use plans to test draft standards. 251 Llewellyn Blvd is on the test fit list. We are pretty far down the process – arch, civil engineer. Had submitted low, med, and high plans – offering to share this work to support test fit
Test Fit Sites
Developer Comments by Topic
Parking + Transportation
Massing + Composition
Adjacency Tools
Flexibility, Variety,
Prescriptiveness, Incentives
Open Space
Form vs. Density vs. FAR
Height + Measurement
Architectural Style
Relationship to State Law
Procedures

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Totals
Like: 7 0 1 3 30 7 22 70
Dislike: 1 30 16 3 0 3 4 57
Totals
Like: 1 3 6 1 1 11 23
Dislike: 6 1 0 2 9 1 19
Totals
Like: 17 3 2 7 5 6 40
Dislike: 4 1 8 3 9 1 26
Totals
Like: 16 8 7 15 7 53
Dislike: 9 2 8 2 12 33
186
135
Total Likes:

Total Dislikes:

Medium Buildings
Medium-Large Buildings
Large Buildings
Farmer's Market Survey results
Small Buildings

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Attachment: Community Survey Results and Public Feedback (Residential Design Standards) Policies and Public Feedback on Architectural Identity

General Community Comments

Responses to survey prompt: Please identify any areas in Campbell that have a distinct architectural identity that should be preserved or enhanced and what makes the buildings in that area distinct.

• Alice avenue and downtown - for their historic architecture and traditional building methods. • San Tomas neighborhood needs to be preserved - building have a rural form • Maybe the downtown corridor on Campbell Avenue but fell this area could be subject to change too.
• Campbell is a 50's town. I like the Old High School it has some class • Alice Ave and early ‘prune drying’ history
• The Pruneyard says very well about Campbell, the Pruneyard shopping center with lots is eateries
• I wouldn't say there is anything in Campbell that is distinct. Only few downtown buildings have been preserved. I would say preserve the mid-century and deco designed building that were created when the city was expanding in the 50's and 60's anything else more modern doesn't have anything of merit. Pruneyard is a planned development and not organic in any way. I like it as a place with the new ownership because it is engaging and filled with people not so much because of its urban design characteristics.
• I like the older building style of buildings that have been redone like Flights • I don’t mind mixed architecture. It has character better than everything same. • Campbell is going to be ruined with these high-density buildings. Parking will be impossible, and my shopping trips will cease.
• Keep sidewalks out of San Tomas, but other than that I think there should be freedom for experimentation and range with style
• The Downtown area, the Pruneyard and along Winchester Blvd. I like the H.W. Weeks buildings and Winchester in general. It’s a gateway to Los Gatos and San Jose. • Speaking to Pruneyard, I believe it benefits from the variety of building forms, sizes, and materials that range from a clean, international style (ranging for 6-18 stories) to a mission style (ranging from 1-3 stories). Pruneyard is richer as a result of this variety, so future buildings should be able to utilize existing styles or evolve depending on the market demands. • I like the prune yard and downtown I like the clay tiles of the prune yard and the attention to detail in the downtown buildings
• Can't think of any.
• Civic Center is definitely Spanish. Since these buildings used to be our downtown schools I think it is a style that identifies Campbell from now and back then. • Spanish style in and around the Pruneyard to maintain the style of the existing building.

Downtown has a distinct architectural style (small buildings, but eclectic variation in styling). • Spanish Colonial Revival. Heritage Theatre a good example. This theme would blend well throughout the City.
• Spanish Colonial style
• Historic Downtown and surrounding neighborhoods has many examples of preferred architecture (see Campbell Historic Design Guidelines)

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) • The historic district in and around the downtown should be highly considered with the requirements that would apply to any new buildings in the downtown area. I don't think any other areas of the City have such a distinctive style that should be maintained. • None, change is constant, save the water tower and update the rest. Do not limit what owners can do to their property.
• Again, I think a variety of architecture makes a city healthy. Most important are features that make it seem safe and friendly. (I would actually dislike forcing a neighborhood to have one style, it becomes one-note and uninteresting). More importantly, buildings need to be good neighbors to each other, making sure they each have their share of sunlight, privacy, lack of smells and noise, feeling of safety.
• Campbell does not have and should not have overarching design commonality. Decisions to use Spanish or brick were specific to area and function not codified. • I don't think of a distinct architectural identity when I think of Campbell. I do enjoy historical homes like the Ainsley House, but in general I feel that the building styles throughout - contrast City Hall with the Campbell Brewery building with the Pruneyard - are eclectic enough to defy categorization, beyond the fact that all of them are far too short. I would welcome seeing Campbell get built upwards - I find the current waste of land, especially in this time of housing shortages, visually and morally reprehensible. As you've demonstrated with the charming Traditional and Spanish designs even on a 7-story building, it's possible to be architecturally appealing AND tall.
• Campbell does not have a French quarter. Build buildings. • Winchester Blvd was thoughtfully done because it's on a main thoroughfare. The "Aztec Palace" on the NW corner of Hamilton and San Tomas Expressway is an abomination. Sticks out like a sore thumb and ugly at that. So putting buildings that blend with their location thoughtfully should be the rule of thumb, not something that sticks out. This question is far too broad for the average person. It's like the Supreme Court justice who said, "I know it when I see it". Give some examples without have people drive around town please. If you plan to build housing next to Pruneyard then it should blend with the Pruneyard.
• Prefer traditional
• Pruneyard in Campbell…building material, Spanish style, colors • Pruneyard shopping center with lots of culinary choices. • Downtown. As articulated in current design guidelines. • I like downtown's mix of old and brick - if that was all there is, though, I think it would be too ponderous. I also love the newer construction along Salmar - those units have a home feeling to them despite their density
• My favorite area of Campbell is the residential area surrounding downtown. Spanish Colonial is good, but there are also some lovely Victorians. Campbell was famous for its orchards, so there should be lots of trees. Natural, muted colors.
• Got nothing but I do like the old lot on Campbell and Dot Ave and the orchards on Oka Rd but that's in Los Gatos and it’s not Architecture but Saving places like those could make me turn a blind eye to some of this over crowding being FORCED on us. With all these giant apartments going don't you think we need another on-ramp for 17 and 85? • Like Spanish colonial which has California roots
• Downtown is distinctive with its mix of older Victorian buildings and some Spanish Colonial styles.
• Downtown, the old farm style homes with pouches, wood siding • No modern buildings

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) • I believe that Craftsman style or Spanish style is best for our town. I feel that maintaining the "Campbell small town feel" is crucial despite the fact that new construction has to take place. • I would like to add the as "Orchard City" is our identity, we should be laser-focused on maintaining and increasing tree planting, alongside any new development. I see that as key to any part of the plan going forward.
• Campbell downtown area and the streets around it.
• The area around the Community Center has a tile-roof Spanish feel to it. But really, the thing that matters for downtown is tall buildings, parklets, and slow or no traffic. If the buildings look nice, that's a plus, but I'd rather have ugly buildings than small ones. • Downtown: Rustic or Spanish, Pruneyard: Spanish or Contemporary

Community Comments by Area / Neighborhood

San Tomas

Vision per Area Plan

The area is unique in that it retains a more informal character than other parts of Campbell, in part due to the large, often irregular lots and to the lack of standard curbs, gutters and sidewalks along its streets.

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) Since 1980, the City recognized the San Tomas Area as unique in terms of its rural character and has maintained a policy of:

1. Maintaining the area as low-density residential Encouraging larger-than-minimum lot sizes.

2. Encouraging the planting of trees, shrubs, greenery and other landscaping materials in new developments.

3. Preserving existing trees and shrubs.

4. Considering alternate street improvements in appropriate areas.

The San Tomas Area will remain a primarily low-density single family residential area.

Objectives

1. Ensure that the size of homes are in proportion to lot size.

2. New developments and additions to existing homes should be integrated with homes in the surrounding area.

3. Ensure that projects in planned developments zones are compatible with the surrounding area.

4. Use landscaping to enhance the rural characteristics of the area.

5. Establish criteria to determine larger than minimum lot size.

Community Comments

• The Netflix building looks really good. The wood trim helps breaks up the massing. • Building should emphasize street-facing frontage.
• 3k sf “monster houses” that we’ve been seeing in San Tomas actually look okay. • Higher density should be on busier streets instead of multi-unit buildings within neighborhoods. • Multi-family units will need parking -- no on-street parking available.

Downtown

Vision per Area Plan
The Downtown is distinguished from other commercial districts by its scale, density, continuous pedestrian-oriented retail frontage, and the historic character.

Having residential in the Downtown area is an essential ingredient to balancing day time and night time activities that support a thriving and vibrant central business district.

New development in the Downtown should look to take advantage of opportunities to create viable retail and/or mixed use buildings that contribute to the context and scale of the Downtown, while maintaining its small town scale.

Architectural styles should complement the traditional context of the Downtown and avoid contemporary designs that may be more appropriate in larger urban centers.

Downtown Campbell is unique because of its small town, historic character.

Community Comments

• Figure out how to keep heritage while also moving forward. Cited Aspen. Don’t overly prescribe.

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) • I like the use of brick downtown.
• New jewelry shop in downtown is interesting.
• "Windows along the streetscape. Buildings are close together. You walk 50 feet and go by 10 buildings."
• I like different roof lines. Want a little character. • Most roofs will have to be flat because of the AC units, but they can put a false façade to make it interesting.
• We need to be mindful of ratio of homes to businesses in the city. • Roof decks and observation decks
• Extending pedestrian plaza feel where people live.
• Keep pedestrian accessibility in mind.
• Huge fan of Downtown. Can overly prescribe and result in everything looking the same, or let it evolve naturally. City based on fruit, canneries, etc. Industrial look and feel. Overall language rather than particular style. Look to Aspen (embrace mining heritage with world class architecture). Santa Barbara is good, but there is a lot of Spanish style. • Don't leave it up to developers - you will get the fastest and cheapest. Character-less stick boxes.
• Uniformity comes from prescription (only one solution is permitted). Should have an "evocative" code - draw from surroundings and history.
• Strive for timeless designs.
• Ok for visual interest but watch for repetitive elements.

West Campbell

Community Comments

• Buildings that are too modern might stick out. We want a variety of architecture here. There is a lot of Spanish.
• Architecture should blend w/ community center (Spanish; not modern). Variety of architecture. • Biggest issue Campbell has is that most was built post-WW2 with economics driving the design.

Cheap construction.
• Should have more consistency block-to-block than for example, in San Tomas • Multi-family units will need parking - no on-street parking available. • Should encourage newer approaches to replace older stock - need density.

Winchester

Vision per Area Plan

The overall goal of the Master Plan is to establish a vision that guides new development and major renovations to create an attractive boulevard street that adds value to the community as a whole. A key aspect is relating policies for building intensity, height, and site improvements to local site conditions and the adjacent neighborhood context. Ideally, new private development and city sponsored capital improvements will combine to create a more pedestrian-friendly environment as well, with mixed-use buildings lining the street edge and an improved streetscape that defines Winchester Boulevard as an attractive and memorable public place.

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) Community Comments

• Keep it Mediterranean around WH Weeks buildings. Put modern buildings in San Jose, not Campbell.
• On the north side where the hotel is, I can see a higher building. On the southside of Campbell Ave no more than 4, but would like to see 3 stories.
• I think southside will provide some quietness behind it. Coming very close to union which is high density I don't think it'll cast a shadow because the sun will go the opposite way. I think it would be a good break for the neighborhood.
• I think it's a great place for something interesting and unique. Maybe allow for all wood construction for higher.
• Worried about 6 story building on Campbell Ave on the south side. Problem with the height limits.
• Like Merrill Gardens. Community Center is a landmark - but doesn't need to be repeated. • Be mindful of ratio of housing to ground floor businesses • (2105 S Winchester): good amount of ground floor businesses and upper story housing that isn't too tall -- especially along the west side of street; not just 'big flat white' buildings--these have character.
• (2305 S Winchester): roofline is broken up nicely to vary the heights; avoid "flat top" roofs -- always include a "false facade" to hide the flat top roof.

Creekside / Pruneyard

Vision per District (GP)

The objective of the Pruneyard/Creekside Commercial District is to obtain an active, connected space with a mixture of commercial, office, residential, entertainment and recreational uses functioning as a community and regional focal point.

Community Comments

• Liked Onyx building (styling, generates interest, green space on roof, mixed use). Works here, even if not in Downtown.
• Traffic is a major issue here.
• Do we still have city plan to connect Pruneyard to downtown? It's probably one part of town that is significant to architecture.
• More trees!
• Good to have a neighborhood feel.
• In Pruneyard, Spanish/Mediterranean is more appropriate (match Pruneyard complex itself). • Pruneyard is cut off pedestrian wide from the rest of the city • Extend the pedestrian/plaza feel of the area to adjacent areas that lack ped accessibility. • Good area for max height buildings with new bldg. code allowances for wood construction. • Busier streets should accommodate more housing/taller buildings • Concern about 6 stories along south side of Campbell Ave. -- 3 to 4 more appropriate. • In support of taller buildings to provide transition between neighborhoods. • Taller buildings by the delta queen.

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) • High rises should be ok as you go towards Hamilton
• I don't think it'll be good to have high rise in east Campbell. 3 stories. West of 17 on Campbell should be lower.

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Attachment: Policies and Public Feedback on Architectural Identity (Residential Design Standards) © 2022 Opticos Design Inc.

Zoning regulations set limits on where buildings can fit on any given site, how tall the buildings can be, and how much of the lot they can occupy. This translates into a 3-dimensional shape, depicted in these diagrams, referred to as the "zoning envelope".

State law currently prohibits local governments from reducing housing capacity by further limiting these envelopes.

City of Campbell
Task A.4 - Analysis
September 2022
Campbell Residential
Design Standards
R-3
R-2R-D, R-M
Zoning Envelope Analysis
Key Characteristics
Height
Feet 35 max.

Stories 2.5 max.

FAR
R-D 0.45 max.

R-M 0.50 max.

Lot Coverage 40% max.

Density (du/ac)
R-D N/A (2 du/lot)
R-M 6 - 13 max.

Typical Adjacencies
Along Rear
R-1-6, R-2, R-3
Key Characteristics
Height
Feet 35 max.

Stories 2.5 max.

FAR 0.55 max.

Lot Coverage 40% max.

Density (du/ac) 14 - 20 max.

Typical Adjacencies
Along Rear
R-1-6, R-D,
Commerical/
office districts
Key Characteristics
Height
Feet 40 max.

Stories 3 max.

FAR 0.55 max.

Lot Coverage 40% max.

Density (du/ac) 21 - 27 max.

Typical Adjacencies
Along Rear
PD, R1-6, R-D,
Commerical/
office districts
WBMP Area 2
The "slope line", or variable rear setback, implies
different potential for building height along Winchester Boulevard depending on the depth of the lot. On lots
less than about 105' deep, a third story is not feasible.

STANP: R-D, R-M, R-2, R-3
Although zoning in the San Tomas Area Neighborhood
Plan technically allows up to 2.5 stories, the 28' height limit makes a half-story above the second difficult to
achieve without reducing ceiling heights to the bare
minimum.

Key Characteristics
Height
Feet 28 max.

Stories 2.5 max.

FAR
R-D 0.45 max.

R-M 0.50 max.

R-2, R-3 0.55 max.

Lot Coverage 40% max.

Density (du/ac) 6 - 13 max.

Typical Adjacencies
Along Rear
R-1-6
Key Characteristics
Height
Feet 45 max.

Stories 1 min.; 3 max.

Ground Floor
Ceiling Height
15' min.

Building Frontage 120' max.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
R-2, R-3 (some
R-1-6 at north)
WBMP Areas 1 + 3
The "slope line", or variable rear setback, implies
different potential for building height along Winchester Boulevard depending on the depth of the lot. On lots
less than about 130' deep, a fourth story is not feasible.

Key Characteristics
Height
Feet 55 max.

Stories 2 min.; 4 max.

Ground Floor
Ceiling Height
15' min.

Building Frontage 200' max.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
R-1-6, R-2, PD

City of Campbell
Task A.4 - Analysis
September 2022
Campbell Residential
Design Standards
ECAMP North Blocks 2 + 3
For parcels on the north side of East Campbell Ave
between Foote Ave, Page St, and Poplar Ave, the
East Campbell Avenue Master Plan requires a 15' rear
setback for the first two stories and a 20' rear setback beginning at the third story.

ECAMP North Block 1
The East Campbell Avenue Master Plan requires a 10'
setback from the railroad right of way for the block
between Civic Center Dr and Foote Ave.

C-3, ECAMP North Block 4
In the C-3 zone and on the north side of East Campbell
Ave between Highway 17 and Union Ave, no setbacks
are required beyond what the building code specifies.

Zoning Envelope Analysis
Key Characteristics
Height 45' max.

Ground Floor Ceiling Height
C-3 "Tall"
ECAMP NB 4 15' min.

FAR
C-3 1.25 max.

ECAMP NB 4 1.50 max.

Lot Coverage No max.

Density (du/ac) 27 max.

Typical Adjacencies
Along Rear
PD, C-2
Key Characteristics
Height
Feet 45 max.

Stories 2 min.

Ground Floor
Ceiling Height
15' min.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
Railroad ROW
Key Characteristics
Height
Feet 45 max.

Stories (ECAMP) 2 min.

Ground Floor
Ceiling Height
15' min.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
PD, R-1-6
SOCA Sub-Area 2
Sub-Area 2 in the South of Campbell Avenue Area Plan
includes a few large, undivided parcels, in addition to several parcels west of the tracks with more regular
dimensions. Sub-Area 2 sets a 50' maximum height limit
and requires projects to redevelop at least 1.5 acres.

ECAMP South Block 3
The East Campbell Avenue Master Plan requires a 5'
rear setback for the parcels on the south side of East
Campbell Ave between Highway 17 and Union Ave.

ECAMP South Blocks 1 + 2
The trapezoidal parcels on the south side of East
Campbell Ave between Railway, Dillon, and Gilman
Avenues have long frontages on East Campbell. The
East Campbell Avenue Master Plan requires a 10'
setback at the rear—abutting the side property lines of the parcels further down the block.

Key Characteristics
Height
Feet 45 max.

Stories 2 min.

Ground Floor
Ceiling Height
15' min.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
PD
Key Characteristics
Height
Feet 45 max.

Stories 2 min.

Ground Floor
Ceiling Height
15' min.

FAR 1.50 max.

Lot Coverage No max.

Density (du/ac) No max.

Typical Adjacencies
Along Rear
PD
Key Characteristics
Height 50' max.

Min. Project Area 1.5 acres
Lot Coverage No max.

Density (du/ac) 12 - 27 max.

Typical Adjacencies
Along Rear
Creek, Mobile
Home Park
Zoning regulations set limits on where buildings can fit on any given site, how tall the buildings can be, and how much of the lot they can occupy. This translates into a 3-dimensional shape, depicted in these diagrams, referred to as the "zoning envelope".

State law currently prohibits local governments from reducing housing capacity by further limiting these envelopes.

Frontage Type Analysis
Frontage Type Present
Present in Limited Form
■ Stoop
■ Porch,
Engaged
■ Porch,
Projecting
■ Dooryard
■ Forecourt
■ Shopfront
■ Shopfront,
Recessed/
Angled
■ Maker
Shopfront
■ Gallery
■ Arcade
■ Recessed
Entry
■ Terrace
TO-MU
CC-MU
HD-MU
GC-MU
CBD-MU
MHD-MU
NC-MU
PO-MU
HDR
MDR
LMDR
The interface between buildings (private space) and the public realm (the adjacent sidewalk and streetscape) is crucial to generating walkable neighborhoods. Frontage types are a key element of this interface and have been used over time to establish positive transitions between private and public space. The table below shows where these types exist in the context of the land-use categories in Campbell's proposed General Plan.

Campbell Residential
Design Standards
City of Campbell
Task A.4 - Analysis
August 2022

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Attachment: Frontage Type Analysis (Residential Design Standards) UV85
UV 17
UV17
UV85
Doyle Rd
Foxworthy Ave
Bascom
Ave
Eden Ave
Westmont Ave
Stokes St
Latimer Ave
Knowles Dr Camden Ave
Hacienda Ave
DryCre ek Rd
Darryl Dr
Budd Ave
Central Ave
Ross Ave
Potrero Dr
Woodard Rd
SaratogaAve
3Rd St
Vallejo Dr
Bucknall Rd
Mc Glincey Ln
Rincon Ave
Hurst Ave
Grimsby Dr
Harris Ave
Dell Ave
Curtner Ave
Capri Dr
Almarida Dr
Central ParkDr
White OaksAve
Phelps Ave
M
idway
St
Union Ave
Virginia Ave
DelM
arAve
New
JerseyAve
Boynton Ave
Weston Dr
1St St
RobinLn
Vanderbilt Dr
White Oaks Rd
SanTom
asAquino
Rd
Sobrato
Dr
Theresa Ave
Harrison
Ave
North lawnDr
Elwood Dr
EnsenadaDr
Topaz Ave
Linda Dr
Lant
zAve
Erin
W
ay
Dallas Dr
Sal m
arAve
Paz
Emory AveSunnyoaks Ave
Southwest Expy
Quito Rd

S A R A T O G AS A R A T O G A

L O S G A T O SL O S G A T O S

S A N J O S ES A N J O S E

CITY OF CAMPBELL GENERAL PLAN
UPDATE
Figure LU-1. Land Use Map
Planning Areas
City of Campbell
Other Incorporated Areas
Unincorporated Santa Clara County
Planning Overlays
Maximum Unit Count Site-Specific Overlay
Hamilton Avenue Precise Plan Overlay
Residential Uses
Low Density Residential (<4.5 Units/Ac)
Low Density Residential (<5.5 Units/Ac)
Low Density Residential (<7.5 Units/Ac)
Low-Medium Density Residential
Medium Density Residential
Mobile Home Park
High Density Residential
Mixed Uses
Central Commercial
Commercial/Light Industrial
Office/Low-Medium Density Residential
Residential/Commercial/Professional Office
Neighborhood Mixed Use
Medium-High Density Mixed Use
High Density Mixed Use
Commercial Corridor Mixed Use
Transit-Oriented Mixed Use
Commercial/Office Uses
Neighborhood Commercial
General Commercial
Professional OFfice
Industrial Uses
Light Industrial
Research and Development
Public/Recreational Uses
Institutional
Open Space
LosGatosCreek
SanTomas Aquinas C reek
LosGatos Creek
LosGatosCreek
Sources: City of Campbell; Santa Clara County. Map date: March 10, 2022.

K
0 2,0001,000
Feet

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Attachment: Draft General Plan Map and Symbology (Residential Design Standards)

CAMPBELL GENERAL PLAN | LAND USE LU-10

Table LU-1: General Plan Designations and Implementing Zoning Districts General Plan Land Use Designation Zoning District Name(s) Zoning District(s) Map Symbol
Residential Uses
Low Density Residential (Less than 4.5 Units / Gr.

Acre) Single-Family Residential
R-1-10 or R-116
(10,000 or 16,000 square foot
minimum lot size)
Low Density Residential (Less than 5.5 Units / Gr.

Acre) Single-Family Residential
R-1-8 or R-1-9
(8,000 or 9,000 square foot minimum
lot size)
Low Density Residential (Less than 7.5 Units / Gr.

Acre) Single-Family Residential R-1-6
(6,000 square foot minimum lot size)
Low-Medium Density Residential (8-16 Units / Gr.

Acre) Low-Medium Density Residential LMDR
Medium Density Residential (18-25 Units / Gr.

Acre) Medium Density Residential MDR
Medium-High Density Residential (26-33 Units /
Gr. Acre) Medium-High Density Residential MHDR
High Density Residential (34-45 Units / Gr. Acre) High Density Residential HDR Mobile Home Park (8-16 Units / Gr. Acre)
Mobile Home Park MHP
Commercial Uses
Neighborhood Commercial Neighborhood Commercial NC
General Commercial General Commercial GC

Office and R&D Uses
Professional Office Professional Office PO
Research & Development Research & Development RD
Industrial Uses
Light Industrial Light Industrial LI

Mixed Uses
General Commercial/Light Industrial General Commercial/Light Industrial GC/LI

Professional Office Mixed Use (8-16 Units / Gr.

Acre)
Professional Office Mixed-Use

PO-MU

Neighborhood Commercial Mixed-Use (18-25
Units / Gr. Acre)

Neighborhood Commercial Mixed-
Use

NC-MU
Medium-High Density Mixed Use (26-33 Units /
Gr. Acre) Medium-High Density Mixed-Use MHD-MU

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Attachment: Draft General Plan Map and Symbology (Residential Design Standards)

LU- 11 CAMPBELL GENERAL PLAN | LAND USE

General Plan Land Use Designation Zoning District Name(s) Zoning District(s) Map Symbol
Central Business District (26-33 Units / Gr. Acre) Central Business District CBD-MU General Commercial Mixed-Use (26-33 Units / Gr.

Acre) General Commercial Mixed-Use GC-MU

High Density Mixed-Use (34-45 Units / Gr. Acre) High Density Mixed-Use HD-MU Commercial-Corridor Mixed-Use (45-60 Units /
Gr. Acre) Commercial-Corridor Mixed-Use CC-MU
Transit-Oriented Mixed-Use (57-75 Units / Gr.

Acre)

Transit-Oriented Mixed-Use

TO-MU

Institutional and Public Uses
Public Facilities Public Facilities PF
Open Space Open Space OS
Note: The Planned Development (P-D) zoning district and Condominium Planned Development (C-PD) zoning district may be found consistent with any of the underlying land use designations of the General Plan. Further, some sites are subject to a site specific overlay as noted with a number on the Land Use Map that reflects the maximum number of allowable dwelling units on the property which may be increased subject to a density bonus or through exercise of the City’s Affordable Housing Overlay Zone (AHOZ) if/when established.

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Attachment: Draft General Plan Map and Symbology (Residential Design Standards) Campbell, CA
September 2022

BUDD AVE

SUNNYOAKS AVE

VIRGINIA AVE

HACIENDA AVE
M
C
G
L
I
N
C
E
Y
L
N

UNION AVE

HAMILTON AVE
B
A
S
C
O
M
A
V
E

LEIGH AVE
S
A
N
T
O
M
A
S
E
X
P
W
Y

CAMPBELL AVE

RAILWAY AVE

WHITE OAKS RD

WESTMONT AVE

WINCHESTER BLVD

CAMPBELL AVE

SAN JOSE

CAMPBELL

LOS GATOS

SARATOGA
City of Campbell
Other Incorporated Areas
Unincorporated Santa Clara
County
N/A
28'
35'
40'
45'
50'
55'
75'
This map applies the maximum allowed height for each area of Campbell to illustrate shorter and taller building potential across the city.

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Attachment: Existing Height Limits (Residential Design Standards) Campbell, CA
September 2022

SAN JOSE

CAMPBELL

LOS GATOS

SARATOGA
Incorporated Areas
Unincorporated Santa Clara
County
(du/ac)
< 4.5
< 5.5
< 7.5
8-16
18-25
< 33
26-33
< 45
< 60
< 75
This map applies the maximum allowed General Plan density of units per acre for each area of Campbell to illustrate residential building potential across the city.

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Attachment: Density Limits in Draft General Plan (Residential Design Standards) 1 Parking Standards
Unit Size City Parking Standard Density Bonus Difference Single-Family 2 spaces
(one covered) N/A
(Bedroom Count Dependent)
N/A
(Bedroom Count Dependent)
Small-Lot Single-Family 3 spaces
(2 covered, ½ uncovered, ½ guest)
Studio to One Bedroom 2 ½ spaces 1 space +1.5 spaces
Two or more Bedrooms 3 spaces 2 spaces +1 space
Four or more Bedrooms N/A 2.5 spaces +.5 space
N/A - Residential (C-3) 2 spaces per unit 2.5 spaces Varies by unit size; may overlap with Density Bonus Transit standard
Unit Size City Transit Standard Density Bonus Transit
Studio to One Bedroom 2 spaces
.5 spaces per bedroom
(11% low/20% mod)
&
.5 spaces per unit
(all low-income)
+1.5 spaces
Two or more Bedrooms 2.5 spaces
+1.5 spaces
(11% low/20% mod)
&
+2 spaces
(all low-income)
*varies for more than 2 bedroom

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Attachment: Campbell Parking Standards (Residential Design Standards) Jurisdiction Existing Parking Requirements - Citywide Existing Transit Oriented (within 1/2 mile) Parking RequirementsParking Reduction Strategies Under ConsiderationNotes/Exceptions:Single-Family Small-Lot Single-Family (Townhomes, attached residential etc.)Studio to One-BedroomTwo or more BedroomsStudio to One-BedroomTwo or more Bedrooms City of Campbell 2 spaces (one covered)3 spaces (2 covered, 1/2 uncovered, 1/2 guest)2.5 spaces 3 spaces 2 spaces 2.5 spaces Program H-3a: Update the Municipal Code to reduce parking requirements. The following parking reduction strategies in areas adjacent to light rail, and other parts of the City which will not present impacts to residential neighborhoods, shall be considered: • Reducing the parking requirements to require no more than two parking spaces per unit • Provide incentives for reduced parking in the Affordable Housing Overlay Zone (program H-1c) • Remove guest parking requirements • Allow parking to be unbundled from residential units • Consider allowing a combination of unbundled and assigned parking in housing developments • Consider relationship to permit parking programs in the right of way In Downtown City requires 2 spaces per residential unit Palo Alto- - - - - - -
Saratoga2 covered spaces within a garage2.5 spaces for each unit (one within a garage)2.5 spaces for each unit (one within a garage)N/A N/A Policy 3.1: Reduced Parking for ADUs. Reduce or eliminate parking requirements for deed restricted, affordable ADUs or JADUs pursuant to State Law. Consider whether to further reduce off street parking space.

San JoseSee notes Pending elimination of Parking Requirements Citywide.Pending public hearing in November 2022 to consider elimination of Parking Requirements Citywide; excepting obligations related to SJ Sharks.Monte Sereno2 covered spaces and 2 uncovered (3 uncovered if no on-street parking)1 covered and 1 uncoveredN/A N/A N/A N/A None Gilroy 2 Spaces (1 covered. 1 uncovered)N/A N/A N/A N/A N/A None Multi-family has different regulations. Downtown has different regulations. https://www.codepublishing.com/CA/Gilroy/#!/Gilroy30/Gilroy3031.html Mountain View2 Spaces (1 covered)
Small-Lot Single family = 2 spaces/unit (1 covered) + 0.5 guest space / unitRowhouse: - Studio = 1.5 space/ unit, 1 space covered + 0.3 guest space / unit- 1-bedroom or more = 2 covered spaces + 0.3 guest space/ unitTownhouse: - 2 spaces / unit (1 covered) + 0.6 guest space / unit Studio or 1-bedroom smaller than 650 sf =1.5 spaces (1 covered space) / unit1-Bedroom larger than 650 sf = 2 spaces / unit (1 covered) 2 spaces (1 covered) / unitN/A N/A
Program 1.1.d: Zoning Ordinance Update-Complete a review of development standards in one or more zoning districts and modify standards to address feasibility constraints. Reviewed development standards could include open area, parking (including parking for 100% affordable housing projects), TDM, and other standards that may create constraints on development.

In addition to required parking for multi-family, 15% of parking spaces required will be reserved for guest parkingPrecise Plan (El Camino Real, San Antonio, and buffer zones of East Whisman)- Studio and 1-bedroom: 1 space / unit- 2-bedroom and larger: 2 spaces / unit- Guest parking: 15% of the parking spaces required will be reserved for guest parking Precise Plans (North Bayshore and outside buffer zones of East Whisman)-No Parking MinimumsDowntown Precise Plan- Studio and 1-bedroom: 1.5 space / unit + 0.3 guest space /unit- 2-bedroom and larger: 2 spaces / unit + 0.3 guest space /unit-If in Parking District, can pay a parking in-lieu fee for guest parking instead of providing it on-site County of Santa Clara2 Spaces (1 covered) +1 for an ADU2 Spaces (1 covered) +1 for an ADU1 per bedroom plus one per employee 1 per bedroom plus one per employee 1 per bedroom plus one per employee1 per bedroom plus one per employee None. ADU and SB9 state exceptions only. Ag employee housing requires 1 spot per unit or 1,200 sf of living space, whichever yields a greater amount of parking.Sunnyvale City of Santa Clara2 covered spaces 2 spaces per unit w/ at least 1 being coveredN/A N/A 1 per unit (Residential units with a floor area of less than five hundred fifty (550) square feet: 0.5 space per unit.)1 per unit The Zoning Administrator shall have authority to grant a minor modification (25% of requirement) of the automobile parking space and loading space requirements.

City of Milpitas3 bedrooms or fewer: 2 spaces (covered or uncovered)4 or more bedrooms: 3 per unit + 1 for each addt'l bedroomN/A Studio: 1 covered/unit1 Bedroom: 1.5 covered/unit2-3 bedrooms: 2covered/unit4 or more bedrooms: 3 per unit plus 1 addt'l space for each addt'l bedroom (at least two covered) Studio: Min. 0.8 covered; Max. 1.0 covered1 Bedroom: min. 1.2 covered; Max. 1.5 coveredMin. 1.6 covered; Max. 2.0 coveredGuest Parking: 15% of totalProgram 20: Specific Plans - Establish minimum zoning densities and maximum parking standards. Address shared parking and unbundled parking Morgan Hill2 covered per unit 2 covered per unit 2 to 2.5 spaces (Two Bedroom 1 covered and 1 uncovered per unit) (Three Bedroom 1 covered and 1.5 uncovered per unit)N/A N/A None In downtown: • Units 600 sq.ft. or less 1 space per unit • Units 600-1,350 sq.ft. 1.5 spaces per unit • Units greater than 1,350 sq.ft. 2 spaces per unitTown of Los Gatos2 spaces (covered or uncovered)2 spaces (covered or uncovered) per unit plus one visitor parking space for each residential unit other than detached single-family or two-family dwellingN/A N/A policies and implementation programs in draft Housing Element to study or consider reduced parkingexcept as required for reduced parking requirements for ADUs and SB9Los Altos Hills2 covered and 2 uncoveredN/A N/A N/A N/A N/A None ADU and SB9 unit requires one additional uncovered parkingLos AltosPendingCupertino2 covered + 2 open 2 open + 0.8 open

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Attachment: Parking Standards Comparison Survey (Residential Design Standards) City
Council
Report
TITLE: Council Committee Reports

RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.

DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR RESNIKOFF:

City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Clean Water JPA
West Valley Mayors and Managers
West Valley Sanitation District
West Valley Solid Waste Authority JPA

VICE MAYOR BYBEE
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Cities Association of SCC Representative
Downtown Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Association of Bay Area Governments (Alt.)
Cities Association Selection Committee & Legislative Action Committee (Alt.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)
COUNCILMEMBER GIBBONS:

Association of Bay Area Governments Executive Committee** Item: 14
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: September 20, 2022
14 Packet Pg. 239
Council Committee Reports Page 2 of 3
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of SCC Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy JPA Board of Directors & Executive Committee (SVCE)

County Library District JPA Board of Directors (Alt.)
SCC Housing and Community Development Advisory Committee (Alt.)

COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Downtown Subcommittee
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District: County Water Commission

Cities Association of Santa Clara County Representative (Alt.) State Route (SR) 85 Corridor Policy Advisory Board (Alt.) West Valley Solid Waste Authority JPA (Alt.)
West Valley Clean Water JPA (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
SCC Housing and Community Development Advisory Committee State Route (SR) 85 Corridor Policy Advisory Board
Valley Transportation Authority Policy Advisory Committee

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors Executive Committee (Alt.) West Valley Sanitation District (Alt.)

**appointed by other agencies

Prepared by:

Andrea Sanders, City Clerk
14 Packet Pg. 240
To: Honorable Mayor and City Council Date: September 20, 2022 From: Andrea Sanders, Deputy City Clerk
Via: Brian Loventhal, City Manager
Subject: Desk Item 9 – Revised Resolution
The attached resolution updates language in the “NOW THEREFORE BE IT RESOLVED” section as recomme nded by the City Attor ney. The date in section 9.d has also been r evised to March 27, 2023 to be consistent with the staff report.

C
ity of Campbell M

EMORANDUM
City Clerk’s Office

Page 1 of 3 ends

Campbell City CouncilSeptember 20, 2022

Campbell City Council
September 20, 2022